ALOSTAR BANK OF COMMERCE AGREEMENT FOR ONLINE SERVICES
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1 ALOSTAR BANK OF COMMERCE AGREEMENT FOR ONLINE SERVICES This Agreement sets forth the terms and conditions which apply to your Online Services. This Agreement along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which cover your rights and obligations concerning the Services for which you are applying, and is intended to supplement the Consumer Deposit Agreement which governs your account(s) with us. Please read this Agreement carefully. I. DEFINITION OF TERMS As used in this Agreement, the following words have the meanings given below: A. ACH means a transaction processed through the Automated Clearing House. B. Account Disclosures means the applicable terms and conditions governing a Deposit Account and/or Loan Account, including the applicable account agreement and disclosures, the electronic fund transfer agreement and disclosures, and the applicable fee schedule, all as may be amended from time to time. C. Consumer Account means a Deposit Account or a Loan Account owned by one or more individuals and used for personal, family or household purposes. Other accounts, including business and other non-personal accounts are considered Non-Consumer Accounts. D. Deposit Account means an eligible checking, savings, CD or money market type deposit account. E. External Account means an account owned by you, to or from which you may transfer funds or make Loan Payments using our online ACH origination service, at another financial institution F. Important Notices means a notice that we deliver online. These notices may be delivered with your statements, within Online Banking, or otherwise posted to your electronic mailbox. These may include, for example, 1. Notices, which may include renewal, termination, maturity, delinquency, approval, requests for additional information, change of terms, overdraft, and other notices; {BH } 1
2 2. Disclosures, which may include initial, periodic, annual, adverse action, and other legal disclosures; 3. Privacy statements; 4. Regular periodic statements; and 5. Service notifications. G. Law means Federal Law applicable to the Service, and to the extent not superseded by Federal Law, the laws of the State of Alabama. H. Loan Account means an eligible personal loan, personal line of credit, home equity loan, home equity line of credit, or residential mortgage loan. I. Online Service(s) has the same meaning as Services. J. Service(s) means information, communication, transactions and services provided to you by us through any non-branch remote channel (excluding ATMs), including, but not limited to, the online services described in this Agreement. K. We, us, AloStar, and Bank mean AloStar Bank of Commerce. L. You and Your(s), Depositor and Account Holder mean each person who applies to use the Service and each person who uses the Service with the permission of an applicant. II. ACCEPTANCE OF AGREEMENT When you use the Services or you permit any other person or other entity to use the Services, you agree to the terms and conditions we have set out in this Agreement and any instructional material that we provide you regarding the Services. Your use of the Services may be made by use of certain alphanumeric characters, special characters, personal identifiers, codes, marks, signs, images, phrases, keys or other means of establishing your identity and acceptance of the electronic communications that are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic, and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering. III. DESCRIPTION OF SERVICES A. Viewing Transaction History 2
3 Online Banking allows you to review transaction information for Deposit Accounts or Loan Accounts registered with the Service. We may but are not required to make previous transaction information, also referred to as transaction history, available for you to view through the Service. If transaction history is available through the Service, we may, at our option, change the length of time that transaction history is available or may discontinue its availability, without prior notice. B. Download Information You may download transaction information for any of your Deposit Accounts or Loan Accounts, for which this Service is available, into most personal financial management (PFM) software programs that support the statement download process but you do so at your own risk. If you download account information, you are responsible for maintaining the security and confidentiality of that information. C. Viewing Online Documents You may be offered Important Notices and documents for viewing online. In addition to viewing with your browser, we may make the document available in PDF format. To view, download, or print documents in this format, you may need to utilize Adobe Reader, a flashplayer or other software, which may require updating from time to time. D. Transfers Between Accounts 1. Permitted Transfers You may use the Service to transfer funds between Deposit Accounts ( Internal Transfers ) or between a Deposit Account and an External Account ( External Transfers ), which you own or control, either individually or jointly, with others or, if we agree, in our discretion, for which you are an authorized signer, and from which you have an unrestricted right to withdraw funds. Internal Transfers and External Transfers are referred to jointly as Transfers, unless the context indicates otherwise. Your ability to transfer funds from certain accounts may be restricted or limited by either federal law, regulation, or the terms and conditions of the Account Disclosures. Each Transfer through the Service from a Deposit Account that is a savings or money market account is counted as one of the six limited transactions permitted each month or monthly statement cycle period, as described in the Account Disclosures. Please see your Account Disclosures for any other limitations or fees that may be associated with Transfers. 3
4 Internal Transfers may be sent from your eligible Loan Account to a Deposit Account. Transfers are available to Loan Accounts directly from Deposit Accounts through the transfer features of the Service. To make payments to Loan Accounts from Deposit Accounts, see, Loan Payments, Section below. 2. Registering External Deposit Accounts The External Transfer Service requires that you subscribe to the Service by completing an External Transfer request. External Transfer Accounts are subject to approval and must be verified. You must authenticate and validate your authority to act with respect to your External Account(s) to our satisfaction. After an External Account has been approved and verified it will be registered and added to your approved account transfer list. All requests for funds transfers must be completed by you using the transfer option available through the Services. By registering an External Account, you authorize us to initiate debit and credit entries to and from a Deposit Account and the External Account, which authorization shall remain in full force and effect until you delete the External Account registration with us online or by calling us. We may require you to place your revocation request in writing, and we have a reasonable opportunity to act on your request. You understand that your written revocation must be delivered to the contact address listed at the end of this Agreement. All External Transfers are ACH transactions and as such you and each External Transfer are subject to the National Automated Clearing House Association (NACHA) Operating Rules in effect. Not all types of accounts are eligible for ACH transfers. You may be subject to penalties by a third-party financial institution, or may suffer negative tax consequences, for certain transactions involving retirement (401K, IRA, etc.), savings, trusts, loans, custodial and other types of accounts. It is your responsibility to verify with a third-party financial institution any restrictions regarding transfer to and from any External Account that you register. When an External Transfer has successfully been initiated, our transfer records will reflect that it has been posted. The amount of an External Transfer from your Deposit Account may be debited as soon as we have initiated your External Transfer. The amount of an External Transfer to your Deposit Account will not be credited until funds are actually received and the Transfer is deemed to be effective, which may take several business days; in addition, in such case, your funds may not be immediately available when credited to your Deposit Account. Please refer to our Funds Availability Policy for more information. You acknowledge and agree that AloStar Bank of Commerce is relying upon the information you provided in originating an External Transfer on your behalf. Any errors in the information, including incorrect or 4
5 inconsistent account names and numbers or the ABA/routing number or name of the financial institution holding your authorized account(s), are your responsibility. Although you represent and warrant that you are the owner of each authorized account(s) and have impute your name and account number (or any other number), you understand and agree that the External Transfer instructions identify an authorized account by name and account number. You acknowledge that the relevant financial institution may execute those instructions by reference to the account number only, even if such number does not correspond to the name. You further acknowledge and understand that financial institutions holding your authorized account(s) may not investigate discrepancies between names and account numbers. In addition, you agree that AloStar Bank of Commerce has no responsibility to investigate discrepancies between names and account numbers. If you discover an External Transfer that was made in error, you must notify us in writing within (5) business days after the transaction settlement date. Upon our receipt of such notice and a reasonable opportunity to act, we may but are not obligated to, initiate a reversal entry on your behalf in accordance with NACHA Operating Rules. We do not guarantee that the funds transferred by the entry in question will be returned to you. The maximum dollar limit of any External Transfer from your Account is limited to the available balance in the Deposit Account from which the Transfer is to be made, but in no event is to exceed established daily and monthly limits that are disclosed elsewhere. The maximum dollar limit of any External Transfer into your Deposit Accounts or Loan Accounts, for which the Service is available, is not to exceed established daily and monthly limits that are disclosed elsewhere. E. Stop Payments on a Check In addition to the stop payment disclosures outlined in the Account Disclosures pertaining to your Deposit Account, we may accept stop payment requests online for single, paper check item drawn on a Deposit Account accessed through the Service. This feature does not apply to paper check items drawn on Loan Accounts. You will be charged for initiating a stop payment request through the Service in accordance with our then current Fee Schedule applicable to the Deposit Account on which the check was drawn. Online removal of a stop payment request may only be accepted for stop payment requests for a single, paper check item. If you would like to remove a stop payment request placed on a check series, you must contact us. 5
6 F. Online Statements and Important Notices You will be able to view statements and certain Important Notices online for Deposit Accounts that currently receive monthly paper statements. 1. Online Delivery Service By choosing the Online - delivery service, you are requesting online delivery of periodic statements and certain Important Notices for one or more Deposit Account(s). With online delivery of statements, you will not receive a paper copy of your paid and cancelled checks. We have no obligation to store the original of any cancelled check. You agree that your statements provide sufficient information to determine the authenticity of all your transactions, including whether any are forged, altered or unauthorized. You may request us to provide a copy of your cancelled checks, subject to any research or check copy fees, as provided for in the Account Disclosures. 2. Online Delivery Notice You are deemed to have received your statements, including information on cancelled checks and other information contained in or delivered with the statements and other Notices, when they are mailed, or otherwise made available. You continue to be responsible for examining your statements (including information about cancelled checks) and Notices and reporting any error or discrepancies in accordance with Law and the Account Disclosures. 3. Termination of Online Delivery G. Self-Service You or we may terminate this Service at any time upon written or verbal notice to the other. Certain accounts may be offered with an Online Delivery option only. If you choose to stop Online Delivery for such accounts, paper delivery will be provided in the future and your account may be subject to certain other provisions set forth in the rules applicable to such account, which may include, for example, additional fees, reduced interest and termination. You may perform self-service account maintenance such as re-ordering checks, ordering copies of paid checks, requesting copies of monthly checking or saving statements, changing address and phone, and changing your online identification and access codes. H. Loan Payments 6
7 You may initiate Loan Payments on Loan Accounts. Payments may be made from Deposit Accounts with us ( Internal Loan Payments ) or from an external deposit account at another institution that you own, or control, either individually or jointly, with others, or if we agree, in our discretion, for which you are an authorized signer, and from which you have an unrestricted right to withdraw funds ( External Loan Payments ). By registering an External Account and scheduling an External Loan Payment, you authorize us to initiate debit and credit entries to and from the External Account and the designated Loan Account, and to make adjustments and corrections as we deem necessary. Internal Loan Payments and External Loan Payments are referred to jointly as Loan Payments, unless the context indicates otherwise. I. Bill Pay Services Terms and Conditions of the Online Bill Pay Services are contained in Addendum A, see below. IV. GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL SERVICES A. Computer Equipment To use the Services you must have access to a computer and the Internet. You are responsible for the installation, maintenance, and operation of the computer and browser software you use to access the Services. The risk of error, failure, or non-performance is your exclusive risk and includes the risk that you do not operate the computer or software properly. You understand that the computer you use must meet commercially reasonable standards required to access and use the Services, which may be updated from time to time. We are not responsible in any manner for any errors or failures from any malfunction of the computer or the software nor are we responsible for any electronic virus, viruses, worms, spyware, malware, or similar software that you may encounter. We have no liability to you for any damage or other loss, direct or consequential, that you may suffer or incur by reason of your use of the computer, software or the Internet. We make no warranty to you regarding the computer, software, or the Internet connection you use to access the Services, including any warranty of merchantability or fitness for a particular purpose. B. Unavailable, Delayed or Inaccurate Account Information We strive to provide complete, accurate and timely account information through the Service. However, unless otherwise required by Law, we will not be liable to you if any such information is unavailable, delayed or inaccurate. With respect to electronic fund transfer problems, such as unauthorized transactions or our failure to properly complete authorized transactions, the extent of our liability is described below. 7
8 C. Insufficient Available Funds When you use the Service(s), you must have sufficient funds available in the selected Deposit Account, External Account or Loan Account, including available overdraft protection coverage, if applicable, to cover the amount of the transfers, loan payments or payments from such account, and any associated fees. We may process transactions that exceed your available balance, plus any available overdraft protection, but we are not obligated to do so. Please see your Account Disclosures for information on Insufficient funds. Processing transactions from your External Account are subject to the rules of the entity holding the External Account, and we will not be held accountable for any decisions by the entity holding the External Account as to insufficient available funds, nor as to any fees they may impose. We are under no obligation to notify you if we do not complete a Loan Payment for any reason, including, without limit, because there are insufficient funds in your Deposit Account to process a transaction or an External Loan Payment is rejected or returned, unless otherwise required by law. In all cases, you are responsible for either making alternate arrangements for the payment, which may include rescheduling the payment through the Service. D. Your Liability for Unauthorized Use You agree to notify us immediately if you believe your access code has become known or an unauthorized transaction has occurred involving your account. Telephoning is the best way of keeping your possible losses to a minimum. Please call us at , or write to us at: AloStar Bank of Commerce, 3680 Grandview Parkway, Suite 200, Birmingham, Alabama We may also require you to provide your notification to us in writing. If you notify us within two business days after you learn that your access code may have become known by an unauthorized person, you can lose no more than $50.00 if an unauthorized person uses your access code without your permission to initiate a transaction. If you do not notify us within two business days, and we can prove that we could have stopped someone from using your Access Code without your permission if you had told us, you could be liable for as much as $ Also, if your statement shows transfers or payments that you did not make or authorize, notify us at once. If you do not notify us within 60 days after the first statement reflecting the disputed transaction was mailed to you, or otherwise made available, you may not recover any money you lose after the 60 days, in addition to the above amounts, if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason, such as a long trip or hospital stay, kept you from notifying us, we may extend the time periods. 8
9 E. Our Liability for Failure to Make Payments or Paying Late If we do not send a Payment or make a Transfer on time, or in the correct amount according to your instructions given in accordance with this Agreement and the transaction relates to a Consumer Deposit Account, we will be liable for your proximate caused damages except as noted below. Except as required by Law, we will not be liable for any loss relating to any Deposit Account, any other account with us, or the Service. For instance, we shall not be liable if, through no fault of ours, you do not have enough available funds in your Deposit Account to make the Payment or Transfer or the Payment or Transfer would exceed any permitted overdraft protection you have with us; or circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, acts of war, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transaction despite reasonable precautions taken by us; or your computer, your telephone, the phone lines, or the Bank's computer systems are not working properly or are temporarily unavailable, and this problem should have been apparent to you when you attempted the Transfer or Payment; or the funds in your Deposit Account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal; or the information supplied by you or a third party involving the Deposit Account, Payment or Transfer, is incorrect, incomplete, or untimely; or we have a reasonable basis for believing that unauthorized use of your access code account has occurred or may be occurring; or the Payee does not process a Payment promptly or correctly; or for any other reason specified in this Agreement. Without limiting the foregoing and except as specifically provided herein, we shall also not be liable for late charges, interest, penalties or other amounts incurred for failure to allow sufficient time for processing and delivery of any Transfers or Payments so long as we have complied with the provisions of this Agreement. UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. F. Reporting Unauthorized Transactions, Payment Problems, Errors or Questions Call, write to us or send a message via secure message system as soon as possible if you think your statement, or Loan Account transaction information is wrong or if you need more information about a transaction listed on your statement or shown on the Service records. We must hear from you no later than 60 days after we send, or otherwise make available, the FIRST statement on which the problem or error appeared. The telephone number and address you may use are , AloStar Bank of Commerce, 3680 Grandview Parkway, Suite 200, Birmingham, Alabama
10 Tell us your name and account number. Describe the error, payment or 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 ten business days. If your complaint or error is with regard to a Consumer Deposit Account: We will tell you the results of our investigation within 10 business days (or 20 business days if the transaction occurs while your account is a new account under Regulation E) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days (or 90 calendar days for a transaction on a new account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten business days (or 20 business days in the case of a transaction on a new account) for the amount you think is in error. 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 ten business days (or 20 business days in the case of a transaction on a new account), we may not provisionally credit your account. If we decide that there was no error, we will revoke any provision credit and send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents we used in our investigation. You agree that we may respond to you by the secure message system with regard to any claim of error or unauthorized electronic fund transfer or any question related to the Services. You will be deemed to have received any such message within three days of the date sent by us, regardless of whether you log on to the Service within that time frame. G. Disclosure of Account Information We will disclose information to third parties about your account or the transactions you make: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (iii) in order to comply with reporting or other legal requirements (including, for example, legal process); (iv) if you give us your permission; (v) to offer you additional products and services from us and others that we think might be of interest to you; (vi) to otherwise conduct our business; and (vii) as otherwise permitted by Law. Notwithstanding the above, we will not disclose such information where prohibited from doing so by applicable Law. See our Privacy Policy for additional information. H. Business days; Scheduling Transactions 10
11 Our business days are Monday through Friday, except federal holidays. If the date a transaction is scheduled is a day other than one of our business days, we will initiate the transaction on the next business day. You may submit instructions for transactions to be made on the same business day provided that your request is submitted prior to the internal deadline established by us from time to time (Internal Cutoff Time). If a transaction is entered by you after our Internal Cutoff Time and/or not on a business day, the transaction will be initiated the next business day. You may also schedule transactions to be initiated on a future business day. The Services are generally available seven (7) days a week. The Services may be unavailable from time to time for scheduled maintenance. There also may be unscheduled down time, but we will work to minimize such interruptions in service. I. Limitation on Transactions Except as noted below or in the rules applicable to your account: The maximum dollar limit on any payment is equal to the available balance in your Deposit Account or Loan Account plus the available balance in any linked Deposit Account or any available line of credit that is providing overdraft protection to the Deposit Account from which the payment is to be made, but in no event is to exceed established daily and monthly limits, that are disclosed elsewhere, without our prior written approval. The maximum dollar limit of any Internal Transfer is equal to the available balance in the Deposit Account or Loan Account from which the Transfer is to be made plus the available balance in any other linked Deposit Account, or available line of credit that is providing overdraft protection to the Deposit Account from which the Transfer is to be made. For security reasons, we may from time to time impose limits or restrictions on the number and dollar amount or types of Transfers or transactions that you can make using the Service. Also, there may be additional limitations described elsewhere in this Agreement, and your ability to initiate transactions may be limited by the terms of other agreements you have with us or as described in other disclosures we have made to you, or by applicable law. You agree to abide by and be bound by all applicable limitations. If you have provided instructions for more than one transaction to be processed on the same business day, we may select to process them in any order, at our option. 11
12 J. Recurring Transactions You may choose to schedule a transaction to occur at regular weekly, monthly, quarterly, annually or other intervals that we may make available. A recurring transaction is any transaction other than a one-time transaction (whether scheduled for the future or for the same day). If your recurring transaction is scheduled to occur on the 29th, 30th, or 31st of the month and that month does not have the required number of days, your transaction will be initiated on the first business day of the next month. K. Debiting Your Deposit Account Funds may be withdrawn from your Deposit Account designated for a transaction on the business day applicable to the transaction; once your transaction has been initiated, you will not have use of the funds in your Deposit Account, even if they have not yet been received by a Payee in the case of Bill Pay or credited to your Loan Account in the case of a Loan Payment; they will not be available for payment of transactions, calculation of minimum balances, interest accrual or otherwise. L. Canceling or Changing Transactions If you would like to cancel or change individual or repeating transaction you have scheduled, the best way to do this is to use the Service (e.g., not via an online message, telephone or letter). Transactions may be canceled or changed using the Service, provided such is submitted no later than the Internal Cutoff Time on the business day applicable to the transaction. If you do not use the Service to cancel or change a transaction, or if you send us a message through our secure message system, letter, or call us to change or cancel a transaction, we must receive your request at least three business days before the date the transaction is scheduled to be processed. You may call us at the number at the end of this Agreement, or you may write to: AloStar Bank of Commerce, 3680 Grandview Parkway, Suite 200, Birmingham, Alabama If you call, we may require that you send us a written confirmation of your request within ten (10) days after your call. If we do not receive such a request to change or cancel a transaction within at least three business days before it is to be initiated, we will not be liable for any losses or damages incurred by you if the transaction was not canceled or changed. M. Access Codes and Security During your enrollment for the Services, you are required to select or will be assigned a User ID and password. Additional numbers, words, physical devices 12
13 or other means of authentication may be required at our discretion. Use of these access codes is the agreed security procedure to access the Services through any of the computer equipment. You agree to keep these access codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. Providing your access codes to another person effectively constitutes a grant of authority to access your accounts for all purposes including, without limit, under the Electronic Funds Transfer Act and Regulation E; such authorization shall continue until you have notified us that such person is not authorized to act with regard to your accounts and the Service, and we have had a reasonable opportunity to act on the notice. If the confidentiality of your access code is or you believe may be compromised, you shall notify us immediately by calling us at the number at the end of this Agreement. N. Electronic Mail Electronic Mail ( ) transmissions may not be secure. We, therefore, request that you do not send us or ask for sensitive information, such as personal identification, account numbers or other financial information, via any third party system. If you wish to contact us electronically, please use the secure message system through the Service. If you send us a message using the secure message system, we will receive it by the following business day. You agree that we may take a reasonable period of time to act on any message received. You must promptly notify us of any change in your address by calling us at the number at the end of this Agreement. O. Periodic Statements You will be mailed or otherwise made available electronically, periodic statements for your eligible account(s) with the regularity provided for in the applicable account agreement. In addition to reflecting your other account activity, your statements will include any transfers or bill payments you authorize using the Services. P. Credit Information You acknowledge and agree that we, or a third party acting as our agent, may obtain and use information from credit bureaus and consumer reporting agencies in connection with any accounts, products and services offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debits and references. Q. Termination or Inactivity We can terminate one or all of the Services provided to you without notice to you for any reason (except where such notice is required by Law) including, without limit, if you do not comply with this Agreement or the agreements 13
14 governing your Deposit Accounts or Loan Accounts. Termination of the Service will cancel any scheduled transfers and payments. Without limiting the foregoing, after 90 consecutive days of inactivity, whether or not a fee is paid and whether or not there are any scheduled transfers or payments pending, you may be automatically locked out or the Service may be terminated. R. Cancellation of Service If you wish to cancel your Service, you may do so through the Service or by calling us. The best way to cancel the Service is to call us at the number set forth at the end of this Agreement. You must first cancel all scheduled payments or transfers. This will insure future transfers or payments you make directly to the Payee will not be duplicated. If you do not do so, we may, but are not required to, process such transfer or payment as if the Service had not been terminated. Once you have cancelled all scheduled payments or transfers, you must contact us to cancel the Service as described above. We reserve the right to cancel your use of the Service(s) at any time without prior notice or reason except as required by Law including, without limit, if you have insufficient funds in any of your accounts. S. Eligibility for Services Not all of the Services described are available to everyone or for all accounts. Therefore, you and/or your account may not be eligible for one or more Services. We reserve the right to determine in our sole discretion the eligibility of you and your account(s) for any Service. T. New Services We, from time to time, may introduce new Services or modify or delete existing Services in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified Services when they become available, you agree to be bound by the rules concerning those Services. All of the Services available Online are provided as is without warranty of any kind either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. U. Fees Once you are an enrolled user of the Services, you may be charged the applicable online and other fee(s) whether or not you use the Services, in accordance with our then current Fee Schedule. You authorize us to automatically deduct all applicable charges and fees from a Deposit Account. If your service charge account is closed and you have another Deposit Account, we may charge that account for fees owed for using the Services. 14
15 V. Change in Terms If this Service relates to a Consumer Account, we will mail or deliver a written notice to you at least 21 days before the effective date of any change in a term or condition disclosed in this Agreement if the change would result in increased fees or charges or increased liabilities for you, unless prior notice is excused by Law. Otherwise, we may modify the Agreement at any time without notice, except as may be required by Law. You agree that we may send any such notice to you either via the secure message system, upon log on to the Services, , or regular mail, unless otherwise required by Law. W. Entire Agreement This Agreement, as it may be amended from time to time, together with any other disclosures or other documents incorporated herein by reference, including but not limited to, the Account Disclosures, contains the entire agreement between you and us and supersedes all oral conversations, other communications, and previous agreements, if any, with regard to the Services. X. HOW TO CONTACT US By telephone to: By Mail at: By at: AloStar Bank of Commerce, 3680 Grandview Parkway, Suite 200 Birmingham, Alabama customerservice@alostarbank.com Rev. 05/12 15
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