RIVER CITY BANK CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS & ONLINE BANKING TERMS AND CONDITIONS. Consent to Receive Electronic Communications

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1 RIVER CITY BANK CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS & ONLINE BANKING TERMS AND CONDITIONS Consent to Receive Electronic Communications This document includes consumer disclosures required under the Electronic Fund Transfer Act and its implementing Regulation E. Defined terms in this document are provided under the Online Banking Terms and Conditions section, below. If you choose not to agree by clicking the Decline button below, you will not be eligible to enroll in online banking. Your decision to select Decline below will not limit our ability to otherwise communicate with you electronically, to the extent not prohibited by applicable law. Electronic Records. By clicking the Accept button at the bottom of this document, you understand and agree to be bound by the terms and conditions of the Online Banking Terms and Conditions, and to your receipt of the Access Agreement in electronic form, as well as the following communications (collectively referred to herein as Communications ) regarding your Accounts: This Consent; Online Banking Terms and Conditions (the Access Agreement ). The Access Agreement contains the terms and conditions governing the online banking services offered by the Bank to you, including electronic fund transfers to or from your designated accounts. It also contains information that the Bank is required to disclose under the Electronic Funds Transfer Act and it s implementing Regulation E. Any change in terms, as well as terms and consumer disclosures pertaining to additional features of the online banking services, and special notices applicable to the Access Agreement. This includes consumer disclosures and special notices that applicable laws and regulations require the Bank to provide to you, from time to time. Any notice regarding changes to this Consent, such as hardware or software changes that may impact your ability to access Communications, including any notice revoking or limiting access to our website to access a Communication or certain information previously provided to you. Paper Copies. You may obtain paper copies of any of the Communications the Bank provides to you electronically by contacting River City Bank Customer Service at or If you request a paper-based copy, the Bank will provide the first copy to you free of Bank fees or charges. The Bank will mail paper-based copies of a Communication to you (at the address shown on the Bank s records) within 5 business days after the date the Bank receives your request. Although we do not currently impose a fee or other charge for paper copies of Communications, we reserve the right to impose a fee or charge in the future and to change such fee at any time.

2 Withdrawal of Consent. If you wish to withdraw your consent to receive future Communications electronically, you may do so at any time. Once we have had a reasonable opportunity to respond to your consent withdrawal, we will terminate the delivery of future Communications to you in electronic form. To withdraw your consent, all you need to do is contact River City Bank Customer Service at or Your withdrawal will not affect the previously delivered electronic Communications. We do not currently impose any fee or other charge if you choose not to consent or if you withdraw your consent. However, we reserve the right to impose a fee in the future and to change such fee at any time. You will be advised prior to the effective date of any such change. Hardware or Software Requirements. In order for you to access and retain the Communications, you will need a computer with sufficient memory to store electronic records as well as a working connection to the internet. You will need access to a printer or the ability to download information to your hardware in order to retain copies of the Communications. In addition, you will need the following: Internet Access A computer and internet browser that can support 128-bit encryption A printer and/or sufficient hard-drive space or other media (i.e. CD, DVD) if you plan to save disclosures in an electronic format An active address An internet browser, such as Internet Explorer (Version 9.0. or higher), Firefox (Version 39.0 or higher), Safari (Version 4.0 or higher), or Google Chrome (Version 44.0 or greater). If the Bank changes the minimum hardware or software requirements needed to access or retain the Communications, and the change creates a material risk that you will not be able to access or retain a subsequent record, then before the change takes effect the Bank will let you know about the change and the new requirements. The Bank will notify you by , and at that time you will be allowed to choose whether you still want to give the Bank your consent to receiving Communications by electronic means. If not, you will be allowed to withdraw your consent at that time. How the Service Works. The Access Agreement directly follows in this document and is a part of this Consent to Receive Electronic Communications. For continuing or future Communications, you may periodically receive an notification that an electronic record or notice is available for review and you will be directed to information posted at the Bank s website. To view the Communications you may also be required to access the Bank s website, open the secure connection for online access, and click on the necessary tabs (for example, when accessing electronic records that contain personally identifiable financial information). We reserve the right, from time to time, to deliver one or more Communications in paper form instead of electronic form by mailing a Communications to the last known mailing address on our records for you. In the event that we do so, we are in no way terminating this Consent and we may continue to provide Communications to you in electronic form. Page 2

3 Address. In order to ensure that the Bank is able to provide you with Communications, important notices and other information from time to time, you must provide the Bank with your current address and update the Bank with any changes. You can update your address using the following methods: Login to online banking, click on the Customer Service tab and click on Manage contact information below Account Maintenance. Contact River City Bank Customer Service at or for assistance. If you fail to update or change an incorrect address or other contact information, you understand and agree that any Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our website or ed to the address we have for you in our records. We reserve the right, in our sole discretion, to discontinue providing records in electronic form. We also reserve the right to change the terms and conditions of this disclosure and consent. If required by law, we will provide you with notice of any such termination or change, and request a new consent. If you download or print any confidential materials, such as your transaction history, be sure that you store them in a secure environment, just as you would paper-based bank records. Online Banking Terms and Conditions This Online Banking Terms and Conditions ( Access Agreement ) includes, but is not limited to, certain disclosures for electronic transfers and transactions. This Access Agreement will be effective as of the first day we make the Online Services accessible to you. Unless otherwise stated, any reference to the Access Agreement shall include applicable schedules, enrollment forms and exhibits to the same, as well as applicable current and future user guides, user manuals, set-up forms and other user materials, including online terms and information, as amended from time to time. NOTICE TO CONSUMERS: This Access Agreement includes disclosures applicable to consumers as provided under the Electronic Funds Transfer Act (EFTA) and its implementing Regulation E. Read this document carefully and retain a copy for your records. This Access Agreement is in addition to other agreements between River City Bank and you, including but not limited to (as applicable), your checking, savings, and other deposit and loan account agreements and disclosures, as may be modified from time to time by us. If there is a conflict between the terms and conditions of this Access Agreement and those contained in your account agreements and disclosures, this Access Agreement will control regarding the Online Services. 1. General Terms Page 3

4 Definitions. In this Access Agreement, defined terms have the meaning given to them. In addition: An account means any account you maintain with us and can include all accounts and products you use with us. Your Account is the account you have designated as the account accessible to the Online Services. An authorized representative is a person with authority of any kind with respect to an Account. Your available balance, available funds and similar words mean the balance in your Account as determined under our funds availability policy. A business is anyone other than a consumer who owns an Account with respect to which an Online Service is requested. A business includes a sole proprietor, corporation, partnership, limited liability company, unincorporated association or any person not a consumer. Business days means Monday through Friday, except federal bank holidays and will also be subject to the business days of our third party vendor to the extent a Service is facilitated in whole or party on behalf of the third party. A commercial account shall mean an account that is not established primarily for personal, family or household purposes, or is otherwise not a consumer account under the EFTA. Communication(s) means instructions and actions from you (or attributable to you under this Access Agreement or otherwise) received by us through the Online Services. A consumer account shall mean an account that is established primarily for personal, family or household purposes, and is subject to the EFTA as a consumer account. The Online Service(s) are the on-line banking interface and the banking services described in this Access Agreement. A payment order is a payment order as defined under Division 11, as amended or revised, of the California Commercial Code, and includes a Communication received by us instructing us to pay, or to cause another bank to pay, a fixed or determinable amount of money to you, to a third party or to any other beneficiary. Your Security Codes are the credentials (such as codes and passwords) that are associated with you and used by us to verify the authenticity of Communications from you. Security Codes are used to access Accounts and to use the Online Services. The Security Codes include any supplemental or alternative method used to verify the authenticity of Communications that may be offered or presented to you by us from time to time. The word includes means including but not limited to the examples given. The word may, when used in reference to us, means at our option and sole discretion. Action (or inaction) that we may take is authorized by you and allowed to us, but is not required. You agree that we will not be liable for any action taken or any failure to act when action or inaction is at our discretion. The words we, us, our, Bank and similar terms are used to refer to River City Bank. Page 4

5 The words you, your, and similar terms are used to refer to the person entering into this Access Agreement and to each person who is an owner of or has an interest in an Account together with the owner s authorized representatives. Agreement. We may act on requests for information, or requests to facilitate any Online Service requested on or associated with an Account, from any Account owner (including joint owners) or their authorized representatives. Each time you use our Online Services or you permit any other person to use our Online Services you are agreeing to the terms and conditions that we have set out in this Access Agreement, including any instructional materials regarding the Online Services, as amended, including instructions presented to you at our website. You agree not to resell or offer an Online Service to another, or to process any transactions for others using an Online Service. If you are a natural person, you certify that you are at least 18 years or older. You authorize us to obtain information about you from others (including credit reporting agencies) as part of our review of your enrollment and from time to time thereafter. You agree to provide us with information as we request, from time to time. WAIVER OF ACCESS RESTRICTIONS: Your Accounts may be subject to access restrictions when you conduct transactions in person or when you are using systems other than with an Online Service. We may limit or deny Online Services to you if there are access restrictions. Conversely, we may process your transactions based on Communications without regard to or any need to comply with access restrictions otherwise applicable to your Accounts. 2. Available Online Services; Cut-off Hours With the Online Services, you can (subject to system limitations): Obtain Account information. Balances may include funds that are not finally collected or available for immediate withdrawal. Account information allows you to view Account summary data and view Account statements (Current and limited previous month s statements). You may also access limited Account histories. Transfer funds between linked Accounts (Excluding certificates of deposit). Initiate advances and make payments [ Loan Payment(s) ] to your loan Accounts with us. Initiate check stop-payment instructions. Set up automated alert notifications ( Alerts ). Order Checks. Initiate bill payments ( Bill Payments ). Receive electronic bills from your billers ( ebills ). Initiate transfers between your accounts with us and to accounts of yours with us and at other financial institutions ( External Account Transfers ). Online Services performed during nightly processing may not succeed when applied to your actual balance at the end of the nightly processing. A Communication received by us after the cut-off time on a business day, or on a day that is not a business day, may be treated by us as if it Page 5

6 were received on the next business day. At our option, however, we may treat it as received the same day as the day of receipt. There can be a delay between the time when you send a Communication to us and the time we receive it. Our current cut-off hour for transfers between linked Accounts is 8 p.m. Our current cut-off hour for Loan Payments, Bill Payments, External Account Transfers and check stop payment orders may have separate cut-off hours, identified below. All times provided in this Access Agreement will refer to Pacific Time. 3. Eligible Accounts When you initially activate the Online Services, all accounts with your taxpayer identification number will be linked to the Online Services. If you open an account after your initial activation, you will need to call us at or to add the new account(s) to your linked accounts for the Online Services. We are not, however, obligated to establish access to any or all of your Accounts, and not all Online Services may be available with all Accounts. Some Online Services may not be available without special application to and approval by us, or may be limited to specific types of Accounts. If you close an Account which you have designated for a particular Online Service (for example Bill Payment Services), you must notify us and identify a new designated account for the selected services. Additionally, if you close all Accounts, you must notify us to cancel the Online Services. Eligible Accounts include the following types: checking, money market, savings and time deposits. In some cases, we may allow loans and lines of credit to be linked, in which case you agree that the relevant loan agreement, note or other document is modified to the extent necessary to allow the transfers or other Online Services that may be utilized. Certificates of deposit are time deposits where early withdrawal penalties may result. No online transactional activity is allowed on certificates of deposit, which are view only. Accessibility to Accounts may vary based on the Online Service(s) you use. You agree to review the configuration of your Account(s) at commencement of the Online Services, and periodically thereafter. 4. Transfer Limitations For certain types of transactions/transfers from a money market or savings account, you are permitted to make no more than six transfers and withdrawals, or combination of them, per calendar month or statement cycle, to another account or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, including by check, draft, debit card or similar order by you and payable to third parties. If you exceed these limits, we may impose a fee, close or convert your Account, limit your use of the Online Services, or any combination of the foregoing. 5. Sufficient Funds You must have sufficient available funds in your Account to cover the amount of any transaction that would be charged to your Account. Depending on the Service you are using, you may be Page 6

7 required to have sufficient funds available as of a particular day, and possibly be required to continue to maintain the available funds in your Account for an extended period. Subject to limitations set out in this Access Agreement, you can request payments up to the amount of available funds or available credit in your Account. We may hold (or freeze ) funds at any time after you have initiated an Online Service for any reason, including as a means of reducing risks that there will be insufficient funds for completing the Online Service. If we do hold funds, we may treat the held funds as not available for other purposes, and reject other transactions (for example, checks or other transfer instructions). We may allow overdrafts/overlimits or negative balances, but we also may discontinue the practice at any time with or without prior notice to you. If you do not have sufficient or available funds or credit, you may be charged an overdraft or other fee (such as fees for returned checks or other electronic items), as set forth herein and in the Service Fees and Charges Section of this Access Agreement. Nothing in this Access Agreement, or any course of dealing between us, shall be construed as our commitment or obligation to lend you money. 6. Computer Equipment and Software to Access the Online Services You are responsible for providing and maintaining any equipment that is necessary for the Online Services, such as telephones, terminals, modems and computers. You agree to use equipment that is compatible with our programs, systems and equipment, which we may change from time to time. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Online Services, even if we have previously approved their use. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE ONLINE SERVICES, OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU. You agree to notify us promptly if any software or equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to repair or replace the defective software or equipment. To use the Online Services, you must have a sufficiently powerful computer hardware and appropriate software. At this time, this includes an Internet browser that supports 128-bit encryption. Some Online Services may require you to download software from our website; in some cases, we may place software on your computer as part of our security and/or verification tools. You agree to maintain the confidentiality of the Security Codes at all times and not to provide access to them to anyone that you do not authorize to access your Accounts through the Online Services. You expressly acknowledge that any wireless access to the Online Services initiated by you may not be secure and, in such cases, you assume the risk associated with unauthorized access to the Online Service and any information contained therein, resulting from such wireless connectivity. For commercial accounts (as applicable), you agree to implement and maintain administrative, technical and physical safeguards to protect against unauthorized access to or use of any Account information which you may access or store on your computer or other data storage systems. 7. Privacy and Confidentiality Page 7

8 All information gathered from you in connection with using the Online Service will be governed by the provisions of our consumer privacy policy (applicable to consumer accounts only), as well as our Internet privacy statement, which you agree to review by accessing on our homepage. In addition, we will disclose information to third parties about your account or the transfers you make: Where it is necessary for completing transfers, or In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or In order to comply with government agency or court orders, or If you give us your written permission, or As otherwise required or permitted by law. 8. Linking Accounts If you have more than one Account, you can request that we link the relationships together for access through the Online Services. Your request to link Accounts will be and remain subject to approval by us. You may also be required to enter into supplemental agreements with us. Any signer on any linked Account, acting alone, is authorized by you to access and use Online Services for any other linked Account, whether or not that person would be authorized to transact on the other linked Account in the absence of this Access Agreement. As to commercial accounts (as applicable), you represent and warrant that you have authorization from the Account owner to engage in each Online Service used by you affecting an Account that is linked. You make this representation and warranty at the time the Accounts are linked and each time you use an Online Service to access or transact on an Account. These representations and warranties are in addition to any others contained in this Access Agreement or in any supplemental agreements that may be required by us. 9. Security Code Credentials During your enrollment for the Online Services, you are required to select or will be assigned certain numbers, codes, marks, signs, public keys or other means of authenticating your identity and electronic communications in your name. These may include a customer number, logon name, and password. These credentials, with the other potential components of your Security Codes, will give access to your Accounts through the Online Service. You agree to change all passwords with sufficient frequency so as to protect confidentiality, and in any event no less frequently than every 365 days. You agree to keep all Security Codes confidential; you agree not to write them down. Passwords should not be easy to guess: for example, your children s or pet s names, birth dates, addresses or other easily recognized identification related to you. In addition to protecting your account information, you should also take precautions to protect your personal identification information, Page 8

9 such as your driver s license and Social Security Number. It is your responsibility to protect personal information with the same level of care that you protect your account information. It is also recommended you do not have your browser automatically remember your password. We may offer to you or require you to use additional authentication tools or methods from time to time. If you choose not to implement supplemental authentication tools, your access to some or all Online Services may be limited. The term Security Codes will include any supplemental authentication tools that are used by you. 10. Contact in Event of Unauthorized Transfer If you believe any part of your Security Code, including your password, has been lost or stolen call: or or write: PO Box 15247, Sacramento, CA You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission Sending an to us using the Online Services is not a secure method of communication and we recommend that you do not send personal, financial or confidential information by . Messages sent to us through are not reviewed by Bank personnel immediately after they are received. If immediate attention is required, you must contact us by telephone or in person. You acknowledge that the Internet is inherently insecure and that all data transfers (including transfer requests and electronic mail) occur openly on the Internet. This means that the data transfers potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Online Services will not be monitored or read by others. Your messages may be acted upon by us if received in a manner and in a time providing us a reasonable opportunity to act. Nevertheless, unless otherwise provided herein, messages will not serve as a substitute for any requirement imposed on you to provide us with written notice. or messages sent by us to you will be deemed received by you when sent by us to you at your address as shown on our records. You agree to notify us (using the Online Service or otherwise in form acceptable to us) whenever your address changes. You agree that information or messages made available to you via the Online Services will be deemed received by you when first posted on our website or made available to you. You agree to access the Online Service from time to time, in no event less than monthly, to access this information or the messages. 12. Loan Payments Page 9

10 Generally. When using the Loan Payment feature, you must designate the Account ( Loan Account ) to which the Loan Payments are to be applied. In addition, you will be required to identify the Account from which payment will be made ( Payment Account ), the amount of the payment and the date you want the payment to be processed from your Loan Payment Account ( Payment Processing Date ). Sufficient Funds; Payment Account Ownership. You represent that you have sufficient available funds in your Payment Account to cover the amount of your Loan Payments. Additionally, you represent that you are the owner of the Payment Account and that the Loan Payment transfer will not violate any restriction on the Payment Account. One-Time Payment. You can use the Loan Payment feature to make a one-time Loan Payment. A one-time Loan Payment will be processed on the Payment Processing Date; provided the Payment Account has sufficient available funds, and the Payment Processing Date selected by you is a business day and you submit your one-time Loan Payment instruction prior to the Loan Payment cutoff hour for that date. If you select a Payment Processing Date that is not a business day, or submit your Loan Payment instruction after the Loan Payment cutoff hour for that date, then the Payment Processing Date will be the next business day. For cutoff hours for Loan Payments, see the heading, Loan Payment Cutoff Hour, below. Recurring Payments. You can use the Loan Payment feature to make recurring Loan Payments. The Loan Payment feature will allow you to schedule Loan Payment instructions that will cause a Loan Payment to be processed from the account you identify, on your selected frequency on an ongoing basis. However, if the future Payment Processing Date is on a non-business day, then the new future Payment Processing Date may be the next business day. Prepayment Premiums. The terms and conditions of any prepayment premium, prepayment fee or other charge contained in your applicable loan agreement will apply for Loan Payments made online. Loan Payment Cutoff Hour. Our current cutoff hour for Loan Payments is 9:00 p.m. Scheduling Payments in Advance of the Loan Payment Due Date. You are responsible for ensuring that you initiate a Loan Payment instruction in time for the payment to be received by us before its due date ( Loan Payment Due Date ) (without taking into account any grace period). We are not responsible for any damages, costs or fees you may suffer if you do not allow sufficient time between the Payment Process Date and the Loan Payment Due Date. Payment Changes and Cancellation. You may change or cancel a Loan Payment instruction via the Online Service as long as you submit the change or cancellation request by 5:00 pm of the scheduled Payment Processing Date ) prior to the Payment Processing Date for the Loan Payment instruction and you follow the Loan Payment instructions provided by the Online Service for changes and cancellations. Page 10

11 Accurate Information. The Loan Payment will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way the Loan Payment may be delayed or misdirected. 13. Bill Payments. Generally. When using the Bill Payment Service you must designate the Account ( Bill Payment Account ) from which the Bill Payments are to be made, the complete name of the payee, your Account number and the payee s remittance address (as exactly as shown on the billing statement or invoice), the amount of the payment and the date the payment is expected to be delivered to the payee ( Deliver By Date ). The system will calculate when to process your Bill Payment based on the payment type and the Deliver By Date ( Payment Processing Date ). Dollar Limits. Bill Payments are subject to a dollar limit of $9, per transaction and $9, aggregate total each day. Cut-off Hour. Bill Payment instructions received by us after 12:00 p.m. or on a day that is not a business day of ours (or of any bill payment vendor or intermediary that we may use) may be treated by us as received on the next business day. Same-day Bill Payment instructions may be required to be submitted at an earlier time on a business day. Setting-Up Payees. When you sign onto the Bill Payment Service, you must establish your list of payees. A payee is anyone, including us, whom you designate to receive a Bill Payment; provided that we accept the payee for the Bill Payment Service. If we accept the payee, then the payee will be placed on your authorized list of payees. Each time you want to initiate a Bill Payment, the payee must be on your authorized list of payees, and if payment will be facilitated electronically to the payee s financial account (rather than by paper check) the payee s receiving financial account must be within the United States, including Guam, Puerto Rico, U.S. Virgin Islands, and international U.S. military bases). We are not responsible if a Bill Payment is not made to a payee because you provided us with incomplete, incorrect or outdated information regarding the payee or we attempted to make a payment to a payee that is not on your authorized list of payees. Also, we reserve the right to refuse to approve a payee for your authorized list of payees and to otherwise prohibit payment to a payee via the Bill Payment Service. One-Time Payment. You can use the Bill Payment Service to make a one-time Bill Payment. A one-time Bill Payment will be processed on the Payment Processing Date; provided that the Payment Processing Date selected by you is a business day and you submit your one-time Bill Payment instruction prior to the Bill Payment cutoff hour for that date. If you select a Payment Processing Date that is not a business day or submit your Bill Payment instruction after the Bill Payment cutoff hour for that date, then the Payment Processing Date will be the next business day. Page 11

12 Recurring Payments. You can use the Bill Payment Service to make recurring Bill Payments. The Bill Payment Service will allow you to schedule Bill Payment instructions that will cause a Bill Payment to be processed from the selected Bill Payment Account on your selected frequency on an ongoing basis. However, if the future Payment Processing Date is on a non-business day, then the new future Payment Processing Date may be the next business day. Available Funds. For Bill Payments, you will need to have sufficient available funds in your designated Bill Payment Account to cover the amount of the Bill Payment on the Payment Processing Date. If payment is facilitated using a demand draft drawn directly against the Bill Payment Account, sufficient available funds must remain on deposit in the Bill Payment Account until the demand draft has cleared. You can initiate Bill Payments up to the available funds in your Bill Payment Account, plus any linked credit or other overdraft facility (as applicable). If you exceed these limits, then we may prevent (or reverse) Bill Payments in any order and in any amount that we choose, even if the result is to reduce your transactions to a level below the amounts needed to pay your bills. Non-Recommended Payees. We do not recommend that you use the Bill Payment Service to pay your federal, state or local taxes, courts or other governmental entities. These agencies normally require an accompanying coupon, which cannot be provided via the Bill Payment Service. We will not be liable for penalties, interest or other damages of any kind if you try to use the Bill Payment Service to remit or pay money for taxes, or to courts or governmental agencies. Scheduling Payments in Advance of the Due Date. The Payment Processing Date is the date that we will initiate the Bill Payment. You need to select a Deliver by Date sufficiently in advance of the due date of your bill ( Due Date ) to allow the payee to receive it before the Due Date set by your payee and without taking into account any grace period that may be offered by your payee. Electronic bills will be paid within one (1) to three (3) days of the close of business of the Payment Processing Date. Some companies you pay through the Bill Payment Service are not set up for electronic payment and therefore will receive a paper draft on your behalf. These paper draft payments can take up to five (5) business days from the close of business of the Payment Processing Date to process before the payee receives the payment. You are responsible for selecting a Deliver by Date that ensures the timely receipt of your Bill Payment by the payee before its Due Date (without taking into account any grace period). We are not responsible for any damages you may suffer if you do not allow sufficient time between the Payment Processing Date and the Due Date of your bill or obligation, without counting any grace period offered by the payee. Payment Changes and Cancellation. You may change or cancel a Bill Payment instruction via the Service as long as you submit the change or cancellation request prior to the cutoff hour on Payment Processing Date for the Bill Payment instruction, provided the Bill Payment status has not changed to processing. Accurate Information on Payees. The Bill Payment will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way the Bill Payment may be delayed or misdirected. If the Service provides you with a series of options Page 12

13 regarding payee address or location, you are responsible for correcting that information if such information does not agree with your records or with your particular bill. We and the others that handle your Bill Payment (including the payee s bank) are entitled to rely on information you supply, such as the payee s account number or the routing number of the payee s bank, even if the name you give to us and the number you give to us identify different persons. 14. External Transfers Generally. The External Account Transfer feature allows you to transfer funds: (i) between your deposit accounts that you maintain with us; and (ii) between your deposit account(s) that you maintain with us on the one hand, and your account(s) that are maintained by other financial institutions, on the other hand. Dollar Limits. External Account Transfers are subject to a dollar limit of $5,000 per transaction and $5,000 aggregate total each day. Cut-off Hour. External Account Transfers received by us after 3:00 p.m. or on a day that is not a business day of ours (or of any bill payment vendor or intermediary that we may use) may be treated by us as received on the next business day. Designated Account. When using the External Account Transfer Service, you must designate the account ( Designated Account ) from which the transfers are to be made, in addition to other details prompted by the External Account Transfer Service (e.g., the name of the payee, applicable account number, and routing number, the amount of the transfer and the transfer date ( Transfer on Date ). You represent and warrant that you are either the sole owner or a joint owner of the Designated Account and the recipient account and that you have all necessary legal right, power and authority to transfer funds between the Designated Account and the recipient account. Verification of External Accounts. In order to set up your external account for the External Account Transfer Service, you will be prompted to validate your ownership of the external account. You authorize us to originate micro deposits to your designated external account to facilitate the validation process. Once the micro deposits have been received for credit to the designated external account, you will need to access the details of the micro deposits and communicate them back to the External Account Transfer Service. Once this process is successfully completed, the validated external account will be eligible to receive funds using the External Account Transfer Services. Setting-Up Payees. When you use the External Account Transfer Service, you must designate who the recipient of the funds transfer will be, including any detailed prompted by the External Account Transfer Service. A recipient is anyone, including us, whom you designate to receive a transfer. We reserve the right to refuse to prohibit payment to a recipient via the External Account Transfer Service. Page 13

14 Timing. External Account Transfer will be debited from your Designated Account on the Transfer on Date; provided that the Transfer on Date selected by you is a business day and you submit your one-time transfer instruction prior to the transfer cutoff hour for that date. If you select a Transfer on Date that is not a business day or submit your transfer instruction after the transfer cutoff hour for that date, then the Transfer on Date may be the next business day. Available Funds. You will need to have sufficient available funds in your Designated Account to cover the amount of your External Account Transfer and applicable fees. You can initiate External Account Transfer Service instructions up to the available funds in your eligible Account, plus any linked credit or other overdraft facility (as applicable). Depending on the method used to submit your External Account Transfer, your Designated Account may not be debited on the Transfer on Date. Regardless of whether your Account is debited on the Transfer on Date or at a later time, you must continue to maintain sufficient available funds in your Designated Account to cover the amount of the External Account Transfer and applicable fees until it is ultimately debited from your Designated Account. Accurate Information on Payees. The External Account Transfer will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way the transfer may be delayed or misdirected. We and the others that handle your transfer (including the payee s bank) are entitled to rely on information you supply, such as the payee s account number or the routing number of the payee s bank, even if the name you give to us and the number you give to us identify different persons. Authorization and Revocation. You agree and acknowledge that when you use the External Account Transfer Services to initiate a transfer you authorize us to initiate an ACH transaction to your external account. Also, you agree that for recurring and future dated transfers, this authorization will remain in effect until revoked by you through the External Account Transfer Services. We must receive your revocation request by 3:00 p.m. Your External Account Transfers cannot be cancelled once we have begun processing. Notice.- You agree and acknowledge that we are not required to give you next day notice after our receipt of any External Account Transfer credit for a rejected or returned External Account Transfer request, instead notification is sufficient by posting the re-credited amount to the applicable Designated Account used for the debit and listing it on your periodic statement. 15. ebill Delivery and Presentment. This 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 ( ebill Service ). Information provided to the Biller. The ebill Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else s information to gain Page 14

15 unauthorized access to another person s bill. The ebill Service may, at the request of the Biller, provide to the Biller your 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 ebill Service and/or bill information. Activation. Upon activation of the electronic bill feature the ebill Service 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 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. Authorization to obtain bill data. Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data. Notification. The ebill Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the ebill Service, the Bill Pay Services may send an notification to the 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 ebill 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. Cancellation of electronic bill notification. The electronic Biller 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 Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The ebill Service 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. The ebill Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation. Non-Delivery of electronic bill(s). You agree to hold the ebill Service harmless 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. Accuracy and dispute of electronic bill. The ebill Service is not responsible for the accuracy of your electronic bill(s). The ebill Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. Page 15

16 16. Check Stop Payment Services ( Check Stop Payment Service ) You may request a stop payment on a check issued on your Account(s) by completing the form presented as part of the Check Stop Payment Service and submitting all the required information to us ( Check Stop Payment ). Check Stop Payments must be received by us in sufficient time prior to presentment of the relevant item for payment that we have a reasonable opportunity to act on the request. All Check Stop Payment orders, renewals and revocations of stop orders will be subject to our current policy on stop payment orders. Requests received after our cut-off hour, currently 9:00 p.m. or on a day that is not a business day may be deemed received the following business day. For significant or material items, contact us by coming to one of our branches or by telephone in addition to using the Online Services for Check Stop Payment. There will be a fee assessed for each Check Stop Payment request whether or not we receive the request in time to place the Check Stop Payment. You must give us timely, complete and accurate information, including the check date, payee, EXACT amount of the check, check number and reason for the stop request. If any information is incomplete or inaccurate, we will not be responsible for failing to stop payment on the check. You may use the Check Stop Payment Service to stop payment on checks that you have written against your Accounts. If you wish to cancel or amend any other Online Service transaction (for example, the Bill Payment Service), you should use the process applicable to that Online Service and you will be subject to any limitations or inability to stop applicable to that Online Service. You may not use the Check Stop Payment Service to stop payment on any ACH/EFT transaction, point-of-sale ACH/EFT transfer; any cashier s check, certified check or other official institution check you have purchased from us or any check which we have guaranteed. Additionally, the Check Stop Payment Service may not be used to stop payment on a check issued in connection with any loan, such as a home equity line of credit ( Credit Check ). If you wish to stop payment on a Credit Check, you must call River City Bank Customer Service at or You understand that your Check Stop Payment request is conditional and will not be effective if we have not had a reasonable opportunity to respond to your request, or that stopping payment may subject us to risk of loss or damages under any law or regulation (including clearing house or other processor rules). A Check Stop Payment request against a check is effective only against the check that is described in the Check Stop Payment request form; and does not cancel or revoke any authorization for future or recurring ACH/EFT transfers by you or by the same biller or originator. A Check Stop Payment order is effective for six (6) months only and will expire automatically, at which time you are responsible for any renewal desired by you for another six (6) month term. 17. Account Alerts. Page 16

17 The account Alerts feature is a convenience tool that permits you to request automated notification of specific situations. You are responsible to input accurate information to set up the account notifications. Alerts do not replace standard communications you receive from us concerning your accounts. If you elect to receive Alerts by text messaging from us, you acknowledge that such messages will be automatically sent to your wireless access device. You assume all responsibility for the secure receipt of the text messages and acknowledge that these Alerts are not sent through a secure channel and may be intercepted or read by others. Receipt of Alerts may be delayed, or prevented by factor(s) affecting your Internet service provider(s), phone operator(s), and other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any Alert. We will not be liable for losses or damages arising from: (i) nondelivery, delayed delivery, or wrong delivery of any Alert: (ii) inaccurate content in an Alert; or (iii) your use or reliance on the contents of any Alert for any purposes. We reserve the right to terminate any request from you, for any Alert, at any time. The information in any Alert may be subject to certain time lags and/or delays. You will manage the types and timing of your Alerts, and the Alerts may be stopped or suspended by you at any time. 18. ACH Entries. Electronic transfers (for example Bill Payments and External Account Transfers) that are made through the Automated Clearing House Network ( ACH ) are subject to the rules of the ACH, and you agree to be bound by the Operating Rules of the ACH, including the rule making payment to the Biller/recipient provisional until receipt by the Biller s/recipient s bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the Biller/recipient the amount of the electronic transfer. Furthermore, you agree that any payment by us to you for any returned credit entry or credit reversal is provisional until receipt by us of final settlement for such entry. If final settlement is not received, we are entitled to a refund from you of the amount credited, and we may charge your account for the amount credited. We may refuse to permit the use of any amount credited for a credit reversal if we believe that there may not be sufficient funds in your account to cover charge back or return of such reversal. 19. Use of Vendors; Use of Information. We may use one or more vendor(s) to provide the Services, and you understand that various financial intermediaries and their servicers may be involved in processing any one of your transfer instructions. These intermediaries may benefit from interest that accrues on transfers between the time your Account is debited and the time the recipient account is credited. Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of us and any other person you authorize us to obtain information regarding you, your account and your payment obligations (or the absence of them) from any party that was involved in the transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information. 20. Payment Methods. Page 17

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