Digital Banking Terms and Conditions (Agreement)

Transcription

1 Digital Banking Terms and Cnditins (Agreement) The Digital Banking Agreement ("Agreement") describes yur rights and bligatins as a user f the Digital Banking services ("Service"). It als describes the rights and bligatins f Banterra Bank ("Bank"). Please read the Agreement carefully. By requesting and using ne f these Services and electrnically verifying the receipt f this agreement and disclsure, yu agree t cmply with the terms and cnditins f this Agreement. Any Business accunt accessed thrugh Mbile Banking will nt acquire cnsumer rights thrugh this Agreement and Disclsure. Definitins. The fllwing definitins apply in this Agreement. 1. "Digital Banking" is the internet-based Service prviding access t yur Bank accunt(s) frm ur website at www. banterra.cm r a mbile device using ur phne r tablet apps. 2. "Passwrd" is the custmer-generated cde selected by yu fr use during the sign-n. 3. "Online Accunt" means the Bank accunt frm which yu will be cnducting transactins using a Service. 4. "We", "us", ur r "Bank" refer t Banterra Bank which ffers the Service and which hlds the accunts accessed by the Service. 5. "Yu" r "yur" refers t the wner f the accunt(s), authrized signer n the accunt r smene wh is specifically designated by the Accunt hlder t have access t the accunt. 6. The term Mbile Banking r mbile apps refers t the system that allws custmers f the Bank t cnduct a number f financial transactins thrugh a mbile device. 7. The term Mbile Device refers t any handheld device used t access ur Mbile Banking App using Apple r Andrid Apps r Mbile Web Brwser. These devices typically are smart phnes, tablets, etc. such as Apple IPhne, HTC, LG, Mtrla; IPad, IPd, Windws and Kindle Fire. 8. The term Mbile Banking Service(s) refers t access and transactins n Mbile Banking accunts. Yu may access mre than ne Accunt, view Accunt balances and transactin infrmatin and transfer funds amng designated Accunts. Additinal services may be added at a later date. 9. The term Cmmunicatins includes all ntices, agreements, acknwledgements, receipts and ther infrmatin related t yur Accunts, including but nt limited t disclsures we are required t send by law t yu in writing and Bank marketing advertisements and cmmunicatins. Digital Banking Services Digital Banking Services frm ur website at allws yu t access yur accunts, view Online Statements, utilize Online Bill Pay services and initiate certain transactins frm yur accunt. Once yu submit yur request t enrll fr Online Banking yu will als be enrlled in Bill Pay and Online Statement services. See the Bill Pay and Online Statement sectins belw fr steps t fllw t pt ut f these services and any fees that may apply fr pting ut. Yu may access yur Online Accunts 24 hurs a day, seven (7) days a week. Hwever, the availability f the Services may be suspended fr brief perids f time fr purpses f maintenance, updating and revising f sftware. T register fr the Online Banking system, yu must have at least ne accunt with the Bank. Fr purpses f transactins, the Bank's business days are Mnday thrugh Friday, excluding hlidays and weekends. All Online Banking transactin requests received after 5:00 p.m. CT n business days and all transactins which are requested n Saturdays, Sundays, r Federal hlidays will be prcessed n the Bank's next business day.

2 Digital Banking Services include but are nt limited t: Accunt Access - yu may view all yur accunts nline Transfer funds between specified checking, savings and lan accunts - yu may make ne-time transfers r schedule future r recurring transfers. Nte: Because regulatins require the Bank t limit preauthrized transfers (including Online Banking transfers), the fllwing limitatins apply: Savings Accunts - transfers frm a savings accunt t anther accunt r t third parties by preauthrized, autmatic, telephne r cmputer transfer are limited t six per mnth with n transfers by check, debit card, r similar rder t third parties. Mney Market Accunts - transfers frm a Mney Market accunt t anther accunt r t third parties by preauthrized, autmatic, telephne, r cmputer transfer are limited t six per statement cycle. Review accunt activity histry 90 days accunt activity is maintained nline fr yur review. View check images nline - yu may view a check image nline that is identified with a line under the check number. Pay bills nline - if yu elect t use this Service, yu must have a checking Accunt pen at the Bank. Additinal Services - new services may be intrduced fr Online Banking frm time t time. By using these services when they becme available, yu agree t be bund by the rules that will be made available t yu cncerning these services. Schedule f Fees The Bank ffers the benefits and cnvenience f the Online Banking and Bill Payment services t yu free. Passwrds When yu apply fr Online Banking Services, yu will select a Passwrd t be used by yu t access yur accunts and make transfers between accunts thrugh the Online Banking system. It is very imprtant that yu select a Passwrd yu will remember and that des nt cntain infrmatin abut yu that culd be easily cmprmised. Yu are respnsible fr keeping yur Passwrd and Online Accunt infrmatin cnfidential. Yu may change yur passwrd at any time while in the Online Banking system; select the Settings tab and then Passwrd. Yur Passwrd must have at least 8 characters including at least ne (1) number, ne (1) upper case letter, ne (1) lwer case letter and ne (1) special character. Business Accunt Owners Yu, as an wner f the business, acknwledge and assume the liability f prviding accunt access r user credentials (i.e. User ID, passwrd r ther user authenticatin identifiers) t an emplyee(s) allwing access t an accunt(s) thrugh Online Banking, Bill Pay prduct/services. Online Statement Services Yu will receive an Online Statement fr each f yur checking and savings accunts available thrugh yur Online Banking access. The accunt(s) will n lnger receive paper statements. Online statements prvide all f the infrmatin available n paper statements. Online Statements are nt available thru a mbile app. An message will infrm yu each mnth when yur statement is available. Images f checks fr the mnth can be easily accessed.

3 Disclsures that may be prvided t yu in an electrnic frmat may include change-in-term ntices, ntices regarding fee changes, amendments t ur Online Banking Agreement, privacy ntices and ther required depsit accunt disclsures. If yu chse t receive infrmatin electrnically, and we have nt yet develped the means fr electrnic delivery f that infrmatin, we will cntinue prviding that infrmatin n paper until available electrnically. When yu accept these terms, yu certify that yu have read the abve terms and request t receive mnthly accunt statements thrugh an Online Banking Accunt. Yu have access t a cmputer that meets the technical requirements set frth abve and have access t a printer r the ability t dwnlad infrmatin in rder t keep cpies fr my recrds. Yu will ntify us f any changes in my Online Banking Accunt r address, r if I n lnger want t receive Online Statements thrugh my Online Banking Accunt. Fees A $1.00 fee, per statement cycle, will be charged if yu chse t receive a paper statement fr any Banterra Green r SmartChice checking accunt(s). N fee will be charged fr these accunts if yu chse t receive yur statements electrnically. Please read the fllwing disclsures and requirements fr accessing electrnic disclsures. Hardware and Sftware Requirements T access mnthly accunt statements thrugh yur Online Banking, yu must be registered fr Online Banking access with a Banterra Bank checking r savings accunt and the fllwing: 1. An Internet cnnectin 2. A 128-bit encrypted Web brwser 3. Valid address 4. Access t a printer r strage medium such as a hard drive s that yu can dwnlad and/r print disclsures and/r statements fr yur recrds 5. Adbe Acrbat Reader 5.0 r higher. This sftware can be dwnladed free f charge frm If Yu Change Yur Mind abut Online Statements in the Future Yu can change back t all paper based statements by cntacting us by r phne. T send an , lg in t Online Banking and click the Supprt tab frm the navigatin bar. Then click the Create a Supprt Request buttn, enter Online Statement Opt Out in the subject line and include the fllwing in yur request fr verificatin: yur name, scial security number, mther s maiden name and accunt number(s) yu wish t pt ut f and then click Send. T cntact us by phne, call during regular business hurs f 7:30 a.m. 5:30 p.m., Mnday thrugh Friday and Saturday 8:00 a.m. - 12:00 p.m. at 866-BANTERRA ( ) and select Optin 2. Yu can pt ut f receiving Online Statements fr specific accunts by cmpleting the Online Statement Opt Out Frm lcated behind Online Banking, under the Supprt tab. Fees may apply if yu chse t receive a paper statement. See the Fees sectin abve fr details. If at any time yu shuld cancel yur Online Banking access r yur Online Banking access changes r becmes inactive, yur Online Statement may nt be available. It is yur respnsibility t ntify the bank if yur Online Banking access changes.

4 Yu can als request paper cpies if a special need arises. We can prepare a paper-based versin f any f the electrnic recrds yu receive fr up t five years after the date it was created. Yur accunt will be autmatically charged ur current fee fr each re-prduced statement r ur current fee fr each re-prduced statement with check images that yu request while receiving Online Statements. T Change Yur Address r Infrmatin Optin T update yur address, lg in t Online Banking and click the Settings tab. Then click the Cntact Inf tab under Security Settings. Enter yur new address and click Submit. If at any time shuld yu change r cancel yur address, r in the event an Online Statement ntificatin is returned as undeliverable due t an incrrect address, yu will nt receive yur ntificatin that yur Online Statement is available. It is yur respnsibility t ntify the bank if yu change yur address. Card On/Off r mbile apps This feature lets yu take cntrl f yur Banterra Visa Debit Card and prtect against unauthrized use. In example: If yu have misplaced yur card, turn it t the Off psitin. If yu find it, and feel yur accunt has nt been jepardized, turn it back On and cntinue t use yur card r If yu use yur card infrequently, r are traveling withut yur card, turn it OFF. Then turn it n when yu are ready t use. Yu are in cntrl. Yur mbile applicatin shws yu whether yur card is On r Off. Turning yur card Off nly impacts future debit card (pint f sale and ATM) transactins. Any previusly authrized transactins will be paid, and any recurring transactins yu had previusly set up will still ccur. Turning yur card Off will nt affect yur checks, mbile r internet transfers, bill payments, r any ther type f transactins in yur accunt(s).* *In all situatins it is yur respnsibility t review activity in yur accunts fr prpriety and t assure that any scheduled r recurring transactins ccur when yur card is Off. Bill Pay Services r mbile apps This is yur bill paying agreement with Banterra Bank. Yu may use Banterra Bank bill paying service, Bill Pay, t direct Banterra Bank t make payments frm yur designated checking accunt t the Payees yu chse in accrdance with this agreement. The terms and cnditins f this agreement are in additin t the accunt agreements, disclsures and ther dcuments in effect frm time t time gverning yur accunt. Instructins fr Setting up Payees & Payments: Payees: Yu may add a new Payee upn lgin t Bill Pay frm either ur website at r mbile app. The Financial Institutin reserves the right t refuse the designatin f a Payee fr any reasn. Payments: Yu may add a new payment t a Payee by accessing the service and entering the apprpriate infrmatin. Mst ther additins, deletins, r changes can be made in writing r by using the service. Yu may pay any Payee with-in the United States (including U.S. territries and APO s / AEO s). Yu may nt make payments fr illegal activities, payments t federal, state r lcal tax agencies r payments f alimny, child supprt r ther gvernment fees r curt directed payments using the Bill Payment service.

5 The Financial Institutin is nt respnsible fr payments that cannt be made due t incmplete, incrrect, utdated infrmatin r insufficient funds. The Bill Paying Prcess Single Payments A single payment will be prcessed n the business day (generally Mnday thrugh Friday, except certain hlidays) that yu designate as the payment s prcessing date, prvided the payment is submitted prir t the daily cut-ff time n that date. The daily cut-ff time, which is cntrlled by the Financial Institutin, is currently 3:00 p.m. Central Time. A single payment submitted after the cut-ff time n the designated prcess date will be prcessed n the next business day. If yu designate a nn-business date (generally weekends and certain hlidays) as the payment s prcessing date, the payment will be prcessed n the first business day fllwing the designated prcessing date. Recurring Payments When a recurring payment is prcessed, it is autmatically rescheduled by the system. Based upn yur selected frequency settings fr the payment, a prcessing date is calculated fr the next ccurrence f the payment. If the calculated prcessing date is a nn-business date (generally weekends and certain hlidays), it is adjusted based upn the fllwing rules: If the recurring payment s Pay Befre ptin is selected, the prcessing date fr the new ccurrence f the payment is adjusted t the first business date prir t the calculated prcessing date. If the recurring payment s Pay After ptin is selected, the prcessing date fr the new ccurrence f the payment is adjusted t the first business date after the calculated prcessing date. Nte: If yur frequency settings fr the recurring payment specify the 29th, 30th, r 31st as a particular day f the mnth fr prcessing and that day des nt exist in the mnth f the calculated prcessing date, then the last calendar day f that mnth is used as the calculated prcessing date. Single and Recurring Payments The system will calculate the Estimated Delivered by Date f yur payment. This is nly an estimate, s please allw ample time (up t 7-10 days if paid by check) fr yur payments t reach yur Payees. Cancelling a Payment A bill payment can be changed r cancelled any time prir t the cutff time n the scheduled prcessing date. Liability Yu are slely respnsible fr cntrlling the safekeeping f and access t yur Persnal Identificatin Number (PIN). If yu want t terminate anther persn's authrity t use the Bill Pay service, yu must ntify the Financial Institutin and arrange t change yur PIN. Yu will be respnsible fr any bill payment request yu make that cntains an errr r is a duplicate f anther bill payment. The Financial Institutin is nt respnsible fr a bill payment that is nt made if yu did nt prperly fllw the instructins fr making a bill payment. The Financial Institutin is nt liable fr any failure t make a bill payment if yu fail t prmptly ntify the Financial Institutin after yu learn that yu have nt received credit frm a Payee fr a bill payment. The Financial Institutin is nt respnsible fr yur acts r missins r thse f any ther persn, including, withut limitatin, any transmissin r cmmunicatins facility, and n such party shall be deemed t be the Financial Institutin's agent. Bank is respnsible nly fr exercising rdinary due care in making payments upn yur authrizatin and fr mailing r sending a payment t the designated payee. We will nt be liable t yu fr any damages yu incur if the estimate f time t allw fr delivery t the payee is inaccurate, r due t delays in mail delivery, change f merchant address r accunt number,

6 the failure f a merchant t accunt crrectly fr r credit the payment in a timely manner, r fr any ther circumstance beynd the cntrl f Bank. Yu are respnsible fr any mnetary lss r penalty (e.g. nn-sufficient funds fee r late fees) that yu may incur due t lack f sufficient funds r ther cnditins that may prevent the withdrawal f funds frm yur accunt t pay a bill payment that yu have requested. Cmputer Requirements Yu are respnsible fr the installatin, maintenance and peratin f yur cmputer and yur sftware. The Bank is nt respnsible fr any errrs r failures frm any malfunctin f yur cmputer r sftware. The Bank is nt respnsible fr any cmputer virus-related prblems that may be assciated with the use f the Online Banking system. The Bank shall have n liability t yu fr any damage r ther lss, direct r cnsequential, that yu may suffer r incur by reasn f yur use f yur cmputer r sftware. The Bank makes n warranty t yu regarding yur cmputer r yur sftware, including any warranty f merchantability f fitness fr a particular purpse. Third Party Sftware; Virus Prtectin The Bank makes n representatins r warranties regarding the accuracy, functinality r perfrmance f any thirdparty sftware that may be used in cnnectin with Online Banking (e.g. Quicken, Quickbks). The Bank is nt respnsible fr any electrnic virus r viruses that yu may encunter. We encurage yu t rutinely scan yur cmputer, diskettes and sftware using a reliable virus prduct t detect and remve any viruses fund. Undetected viruses may alter, crrupt, damage r destry yur prgrams, files and even yur cmputer. Additinally, yu may unintentinally transmit the virus t ther cmputers, diskettes and sftware. Authrizatin t Charge Accunts Yu authrize us t charge yur registered accunt(s) fr any transactins accmplished thrugh the use f Online Banking, including the amunt f any Bill Payment r Transfer that yu make. Yu authrize us t prcess Bill Payments and t transfer funds accrding t the instructins we receive if the instructins are received frm yu thrugh Online Banking. Security Prcedures Yu represent that yu have cnsidered the security prcedures f the Online Banking Services and find that the security prcedures are cmmercially reasnable fr verifying that a Bill Payment, Transfer r ther cmmunicatin purprting t have been issued by yu is, in fact, yurs. In reaching this determinatin, yu have cnsidered the size, type and frequency f Bill Payments, Transfers r ther cmmunicatins that yu anticipate issuing t Bank. Mbile Depsit Mbile Apps This Mbile Depsit User Agreement ("Agreement") cntains the terms and cnditins fr the use f Banterra ( Bank, us r we ) Mbile Depsit services ( Service ) that is prvided t yu ("yu," r "User") as a user f Banterra Mbile Banking Services. Yu agree t cmply with the terms and cnditins f this Agreement and remain subject t the terms and cnditins f all f yur existing agreements with the Bank. 1. General Terms/Services. The Mbile Depsit services ("Services") are designed t allw yu t make depsits t yur checking, savings r mney market accunts frm hme r ther remte lcatins by taking mbile pictures f checks and delivering the images and assciated depsit infrmatin t Banterra s designated prcessr. 2. Acceptance f these Terms. Yur use f the Services cnstitutes yur acceptance f this Agreement. This Agreement is subject t change frm time t time. We will ntify yu f any material change with a new Terms and Agreement at lg-in t Mbile Banking. Yu will be prmpted t accept r reject any material change t this Agreement the next time yu use the Service after Banterra has made the change. Yur acceptance f the revised terms and cnditins alng with the cntinued use f the Services will indicate yur cnsent t be bund by the revised Agreement. Further, Banterra reserves the right, in its sle discretin, t change, mdify, add, r remve prtins frm the Services. Yur cntinued use f the Services will indicate yur acceptance f any such changes t the Services.

7 3. Limitatins f Service. When using the Services, yu may experience technical r ther difficulties. We cannt assume respnsibility fr any technical r ther difficulties r any resulting damages that yu may incur. Sme f the Services have qualificatin requirements, and we reserve the right t change the qualificatins at any time withut prir ntice. We reserve the right t change, suspend r discntinue the Services, in whle r in part, r yur use f the Services, in whle r in part, immediately and at any time withut prir ntice t yu. 4. Hardware and Sftware. In rder t use the Services, yu must btain and maintain, at yur expense, cmpatible hardware and sftware as specified by Banterra frm time t time. Banterra is nt respnsible fr any third party sftware yu may need t use the Services. Any such sftware is accepted by yu as is and is subject t the terms and cnditins f the sftware agreement yu enter int directly with the third party sftware prvider at time f dwnlad and installatin. 5. Eligible items. Yu agree t depsit nly "checks" as that term is defined in Federal Reserve Regulatin CC ("Reg. CC"). When the image f the check transmitted t Banterra is cnverted t an Image Replacement Dcument fr subsequent presentment and cllectin, it shall thereafter be deemed an "item" within the meaning f Articles 3 and 4 f the Unifrm Cmmercial Cde. Any check that yu attempt t depsit using Mbile Depsit is subject t verificatin by Banterra. Yu agree that yu will nt depsit any f the fllwing types f checks r ther items which shall be cnsidered ineligible items: Checks payable t any persn r entity ther than the persn r entity that wns the accunt that the check is being depsited int; persn r entity ther than yu Checks cntaining an alteratin n the frnt f the check r item, r which yu knw r suspect, r shuld knw r suspect, are fraudulent r therwise nt authrized by the wner f the accunt n which the check is drawn Checks payable jintly, unless depsited int an accunt in the name f all payees. Checks previusly cnverted t a substitute check, as defined in Reg. CC. Checks drawn n a financial institutin lcated utside the United States r nt payable in United States currency. Checks that are remtely created checks, as defined in Reg. CC. Checks nt payable in United States currency. Checks dated mre than 6 mnths prir t the date f depsit. Checks r items prhibited by Banterra s current prcedures relating t the Services r which are therwise nt acceptable under the terms f yur Banterra accunt. Checks payable n sight r payable thrugh Drafts, as defined in Reg. CC. Checks with any endrsement n the back ther than that specified in this agreement. Checks that have previusly been submitted thrugh the Service r thrugh a remte depsit capture service ffered at any ther financial institutin. Checks r items that are drawn r therwise issued by the U.S. Treasury Department Travelers Checks 6. Endrsements and Prcedures. Yu agree t restrictively endrse any item transmitted thrugh the Services with yur signature and "Fr mbile depsit nly r as therwise instructed by Banterra. Yu agree t fllw any and all ther prcedures and instructins fr use f the Services as Banterra may establish frm time t time. 7. Receipt f Items. We reserve the right t reject any item transmitted thrugh the Services, at ur discretin, withut liability t yu. We are nt respnsible fr items we d nt receive r fr images that are drpped during transmissin. An image f an item shall be deemed received upn receipt f an n-screen depsit cnfirmatin within the Mbile App. Receipt f such cnfirmatin des nt mean that the transmissin was errr free, cmplete r will be cnsidered a depsit and credited t yur accunt. We further reserve the right t charge back t yur accunt at any time any item that we subsequently determine was nt an eligible item. Yu agree that the Bank is nt liable fr any lss, csts, r fees yu may incur as a result f ur chargeback f an ineligible item. 8. Returned Depsits. If an eligible item depsited thrugh Mbile Depsit is dishnred, rejected r therwise returned unpaid fr any reasn including insufficient funds, then yu will receive an image, reprductin r substitute f the item and the Bank may set ff the amunt f the returned item by debiting the accunt int which yu depsited the returned item r by transferring funds frm anther accunt held by yu with the Bank.

8 9. Availability f Funds. Yu agree that items transmitted using the Services are nt subject t the funds availability schedules disclsed in ur Funds Availability Disclsure (Regulatin CC) since the depsit is nt made in persn t a bank emplyee. In general, if an image f an item yu transmit thrugh the Service is received and accepted befre 4:00 p.m. Central Standard Time n a business day that we are pen, we cnsider that day t be the day f yur depsit. Otherwise, we will cnsider that the depsit was made n the next business day we are pen. Funds depsited using the Services will generally be made available the next business day frm the day f depsit but Banterra may delay availability f funds as Banterra, in its sle discretin, deems relevant. Ntificatins f delayed availability r disapprval f the depsit may nt be available t yu via the Mbile App and instead may cme via , the mail r ther acceptable means. 10. Dispsal f Transmitted Items. Upn yur receipt f a cnfirmatin frm Banterra that we have received an image that yu have transmitted, yu agree t prminently mark the item as Electrnically Presented and t never represent the item. Yu agree t retain the check in a secure lcatin fr at least 14 calendar days frm the date f the image transmissin. After 14 days, and after yu have cnfirmed the depsited funds, yu agree t destry the check that yu transmitted as an image, mark it "VOID", r therwise render it incapable f further transmissin, depsit, r presentment. Shredding the check is ne way t destry it. Destrying the check prevents it frm being presented fr depsit r payment anther time. Yu will be liable fr checks that are presented mre than nce. During the time the retained check is available, yu agree t prmptly prvide any retained item r a sufficient cpy f the frnt and back f the item t Banterra upn request t aid in the clearing and cllectin prcess, t reslve claims by third parties with respect t any item, r fr Banterra audit purpses. 11. Depsit Limits. We may establish limits n the dllar amunt and/r number f items r depsits frm time t time.. Ttal daily depsits are limited t $5,000 by default and n mre than 10 items per day (midnight t midnight). Depsits submitted ver these limits will nt be accepted.. Shuld a custmer wish t make depsits utside f these limits, they shuld cntact the bank befre attempting t depsit the check via the mbile device. If yu attempt t initiate a depsit in excess f these limits, we may reject yur depsit. Once a depsit is rejected, it may nt be electrnically depsited again. If we permit yu t make a depsit in excess f these limits, such depsit will still be subject t the terms f this Agreement, and we will nt be bligated t allw such a depsit at ther times. 12. Depsited Funds n Hld. We may place a hld n yur accunt fr the amunt f a depsited check t ensure that there are sufficient funds t cver the check amunt if the depsited check is returned unpaid. If we d place a hld n yur depsit, yu will be ntified f the dates the funds will be available fr the payment f checks r withdrawals. 13. Presentment. The manner in which the items are cleared, presented fr payment, and cllected shall be in Banterra s sle discretin subject t the Depsit Accunt Agreement gverning yur accunt. 14. Errrs. Yu agree t ntify Banterra f any errrs r suspected errrs regarding items depsited thrugh the Services as sn as pssible after they ccur, and in n event later than 60 days after the applicable Banterra accunt statement is sent. Unless yu ntify Banterra within 60 days, such statement regarding all depsits made thrugh the Services shall be deemed crrect, and yu are prhibited frm bringing a claim against Banterra fr such alleged errr. 15. Errrs in Transmissin. By using the Services yu accept the risk that an item may be intercepted r misdirected during transmissin. Banterra bears n liability t yu r thers fr any such intercepted r misdirected items r infrmatin disclsed thrugh such errrs. 16. Image Quality. The image f an item transmitted t Banterra using the Services must be legible, as determined in the sle discretin f Banterra. Withut limiting the freging, the image quality f the items must cmply with the requirements established frm time t time by Banterra, American Natinal Standards Institute (ANSI), the Bard f Gvernrs f the Federal Reserve Bard, r any ther regulatry agency, clearinghuse r assciatin. 17. User Warranties and Indemnificatin. Yu warrant t Banterra that: Yu will nly transmit eligible items. Images will meet the image quality standards. Yu will nt transmit duplicate items. Yu will nt re-depsit r re-present the riginal item.

9 All infrmatin yu prvide t Banterra is accurate and true. Yu will cmply with this Agreement and all applicable rules, laws and regulatins. Yu are nt aware f any factr which may impair the cllectability f the item. Yu agree t indemnify and hld harmless Banterra frm any lss fr breach f this warranty prvisin. 18. Cperatin with Investigatins. Yu agree t cperate with us in the investigatin f unusual transactins, pr quality transmissins, and reslutin f custmer claims, including by prviding, upn request and withut further cst, any riginals r cpies f items depsited thrugh the Service in yur pssessin and yur recrds relating t such items and transmissins. 19. Terminatin. We may terminate this Agreement at any time and fr any reasn. This Agreement shall remain in full frce and effect unless and until it is terminated by us. Withut limiting the freging, this Agreement may be terminated if yu breach any term f this Agreement, if yu use the Services fr any unauthrized r illegal purpses r yu use the Services in a manner incnsistent with the terms f yur Depsit Accunt Agreement r any ther agreement with us. We may turn ff the Service if we suspect fraud, if yu misuse Mbile Depsit, have excessive verdrafts r returned items r fr ther reasns in ur sld discretin. 20. Enfrceability. We may waive enfrcement f any prvisin f this Agreement. N waiver f a breach f this Agreement shall cnstitute a waiver f any prir r subsequent breach f the Agreement. Any such waiver shall nt affect ur rights with respect t any ther transactin r t mdify the terms f this Agreement. In the event that any prvisin f this Agreement shall be deemed t be invalid, illegal, r unenfrceable t any extent, the remainder f the Agreement shall nt be impaired r therwise affected and shall cntinue t be valid and enfrceable t the fullest extent permitted by law. 21. Ownership & License. Yu agree that Banterra retains all wnership and prprietary rights in the Services, assciated cntent, technlgy, and website(s). Yur use f the Services is subject t and cnditined upn yur cmplete cmpliance with this Agreement. Withut limiting the effect f the freging, any breach f this Agreement immediately terminates yur right t use the Services. Withut limiting the restrictin f the freging, yu may nt use the Services (i) in any anti-cmpetitive manner, (ii) fr any purpse which wuld be cntrary t Banterra s business interest, r (iii) t Banterra s actual r ptential ecnmic disadvantage in any aspect. Yu may use the Services nly fr nn-business, persnal use in accrdance with this Agreement. Yu may nt cpy, reprduce, distribute r create derivative wrks frm the cntent and agree nt t reverse engineer r reverse cmpile any f the technlgy used t prvide the Services. 22. Disclaimer f Warranties. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. 23. Limitatin f Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST NATIONAL BANK OF MUHLENBERG COUNTY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. 24. User Security. Yu agree t keep yur mbile device secure and t clse yur Mbile Banking Applicatin when nt in use. If yu suspect yur mbile device has been lst r stlen, yu must ntify Banterra immediately by calling 866-BANTERRA ( ), ptin 2 t disable yur mbile banking applicatin. 25. Other Terms. Yu may nt assign this Agreement. This Agreement shall be gverned by the laws f the state f which yur accunt is held and f the United States. A determinatin that any prvisin f this Agreement is unenfrceable r invalid shall nt render any ther prvisin f the Agreement unenfrceable r invalid.

10 Accessing Banterra Bank Accunts n yur Mbile Device Dwnlad the Banterra Bank Mbile Banking App t yur Mbile Device. Banterra Bank des nt permit yur Passcde r any accunt infrmatin t be stred n yur device. When a new versin f the Banterra Bank Mbile App is available, yu will be ntified f the update via an alert in the app stre fr yur device. Simply update and cntinue using yur mbile banking app. We reserve the right t mdify Mbile Banking and Mbile Banking Services at any time, including Bill Pay and Mbile Depsit services. In the event f any mdificatins, yu are respnsible fr making sure that yu understand hw t use the App as mdified. By use f the mdified services, yu agree t the terms and cnditins that apply t them. We will nt be liable t yu fr any lsses caused by yur failure t prperly use Mbile Banking, Mbile Banking Services r yur Mbile Device. The availability, timeliness, and prper functining f Mbile Banking and Mbile Banking Services depends n many factrs, including yur Mbile Device, yur Mbile Device lcatin, wireless netwrk availability and signal strength, and the prper functining and cnfiguratin f hardware, and sftware. Neither we nr any f ur service prviders, warrants that Mbile Banking, Mbile Banking Services, r the sftware App will meet yur requirements, perate withut interruptin r be errr-free, and neither we nr ur service prviders, shall be liable fr any lss r damage caused by any lack f availability r imprper functining f Mbile Banking r Mbile Banking Services, r fr any actins taken in reliance theren, fr any reasn, including service interruptins, inaccuracies, delays, lss f date r lss f persnalized settings. Yu agree, when yu use Mbile Banking and Mbile Banking Services, yu remain subject t any terms and cnditins f yur existing agreements with any unaffiliated service prviders, including, but nt limited t, yur mbile service prvider (i.e. AT&T, Verizn, etc.) and that this Agreement des nt amend r supersede any f thse agreements. Yu understand that thse agreements may prvide fr fees, limitatins and restrictins which might impact yur use f Mbile Banking (such as data usage r text messaging charges impsed n yu by yur mbile service prvider fr yur use f r interactin with Mbile Banking Services, which may include dwnlading the sftware, receiving r sending Mbile Banking text messages) r ther use f yur Mbile Device when using the sftware r ther prducts and services prvided by Mbile Banking, and yu agree t be slely respnsible fr all such fees, limitatins and restrictins. Yu agree that nly yur mbile service prvider is respnsible fr its prducts and services. Accrdingly, yu agree t reslve any prblems with yur prvider directly withut invlving us. Neither we, nr any f ur service prviders, assume respnsibility fr the peratin, security, functinality r availability f any related netwrk, Mbile Device r mbile netwrk which yu utilize t access Mbile Banking. Mbile Banking and Sftware are prvided As Is withut warranty f any kind, express r implied including, but nt limited t warranties f perfrmance r merchantability r fitness fr a particular purpse r nn-infringement r any ther warranty as t perfrmance, accuracy r cmpleteness. Yu agree t exercise cautin when utilizing Mbile Banking n yur Mbile Device and t use gd judgment and discretin when btaining r transmitting infrmatin. Neither we, nr ur service prviders, are liable fr failures t perfrm ur bligatins under this Agreement resulting frm fire, earthquake, fld, r any failure r delay f any transprtatin, pwer, cmputer r cmmunicatins system r any ther r similar cause beynd ur cntrl. Yu represent that yu are the legal wner f the accunts and ther financial infrmatin which may be accessed via Mbile Banking. Yu represent and agree that all infrmatin yu prvide t use in cnnectin with Mbile Banking is accurate, current and cmplete and that yu have the right t prvide such infrmatin t us fr the purpse f using Mbile Banking Services. Yu agree nt t misrepresent yur identity r yur accunt infrmatin. Yu agree t keep yur persnal infrmatin ( address, etc.) up t date and accurate. Yu represent that yu are an authrized user f the Mbile Device yu will use t access Mbile Banking Services, and that yu are authrized t dwnlad and install the sftware App n yur Mbile Device.

11 Yu agree nt t give r make available yur Mbile Banking passwrd r ther means t access yur accunt t any unauthrized individuals. If yu permit ther persns t use yur Mbile Device and PIN r ther means t access yur Mbile Banking Service, yu are respnsible fr any transactins they authrize. If yu believe that yur PIN, Mbile Device r ther means t access yur accunt has been lst r stlen, r that smene may attempt t use Mbile Banking t access yur Accunts withut yur cnsent, yu must ntify us in accrdance with the ntificatin requirements set frth in the Banterra Bank s Electrnic Funds Transfer Disclsure. This agreement gverns the use f the Banterra Bank s Mbile Banking and Mbile Banking Service and each persn wh is referenced n Banterra Bank s recrds as the Accunt Hlder r any individual specifically designated by the Accunt Hlder t have access t the accunt. Each Accunt Hlder is jintly and individually liable fr all transactins initiated thrugh Mbile Banking Services, including verdrafts, even if the Accunt Hlder did nt participate in the Mbile Banking event that resulted in the transactin. In additin t this Agreement, yu and the Bank agree t be bund by and cmply with the requirements f the agreements applicable t each f yur Accunts. Yur use f the Mbile Banking Service is yur acknwledgment that yu have received these agreements and intend t be bund by them. Yu shuld review yur ther Accunt disclsures including the charges that may be impsed fr electrnic funds transfers r the right t make transfers listed in the fee schedules accmpanying thse disclsures. The terms f this Agreement, applicable fees, and service charges may be changed r amended by Banterra Bank frm time t time. Further, Banterra Bank may revise r update the Mbile Banking prgram frm time t time. In the event f a change t this agreement r a change t the prgram r services, yu will receive a ntice sent t yur address, r a ntice will be mailed t yu via U.S. mail r the ntice may be psted n ur website. If the Bank sends a ntice f the change via r psts it n ur website, yu will be deemed t have received it three days after it is sent r psted. If the Bank sends a ntice via U.S. mail, yu will be deemed t have received it five days after it is sent. The revised terms and cnditins shall be effective at the earliest date allwed by applicable law. We reserve the right t terminate this Agreement and yur use f Mbile Banking and Mbile Banking Services in whle r in part at any time withut prir ntice. Yur cntinued use f Mbile Banking and Mbile Banking Services, after revised terms and cnditins have been given t yu, cnstitutes yur acceptance f the revised terms and cnditins. This Agreement will becme effective n the date yu access yur accunt thrugh Mbile Banking r the date a change t the agreement is received by yu and shall remain in full frce and effect until terminatin by either party. If we terminate this Agreement r yur use f the Mbile Banking Service fr any ther reasn, we will prmptly ntify yu. We will require written ntice in rder fr yu t terminate the cntract. This ntice may be mailed t the Banterra Bank, Attentin: E-Banking Department, P. O. Bx 291, Eldrad, IL r may be presented in persn, t any Banterra Banking lcatin. Additinal Services: New services may be intrduced fr Mbile Banking access frm time t time. The Bank will ntify yu f the existence f these new services. By using these services when they becme available, yu agree t be bund by the rules that apply t these services. Fees The Bank ffers the benefits and cnvenience f the Mbile Banking Service t yu free f charge. Any fees assciated with the use f yur Mbile Device will still apply. Maintaining Yur Mbile Banking Prfile If yur mbile device is lst, stlen r the number is changed yu must ntify the bank at as sn as pssible. Mbile Banking Cancellatin Yu may cancel Mbile Banking at any time by cntacting us by r phne. T send an , click n the Supprt tab frm the main navigatin bar. Under Supprt Center, click the link, Create Supprt Request. Select Mbile Banking frm the list f categries, enter Mbile Banking

12 Cancellatin in subject line, then type yur request t cancel Mbile Banking and yur accunt number(s) and click send. T cntact us by phne, call during regular business hurs f 7:30 a.m. 5:30 p.m., Mnday thrugh Friday and Saturday 8:00 a.m. - 12:00 p.m. at 866-BANTERRA ( ) and select Optin 2. Yur request t cancel Mbile Banking will nt result in any charges r fees t yur accunt. Yur Mbile Banking Respnsibilities In additin t the terms and cnditins in ther sectins f this Agreement and yur Respnsibilities in the Electrnic Funds Transfers Prvisins sectin belw: Yu agree t mnitr yur Accunt and imprtant Accunt infrmatin thrugh yur Online Banking Service, peridic statements fr yur Accunt, if applicable and imprtant ntices abut yur Accunt delivered by us electrnically r by mail, in additin t any services r infrmatin yu may receive thrugh Mbile Banking. Yu agree t keep infrmed f any changes t Mbile Banking by regularly visiting ur website. Yu agree t take every precautin t ensure the safety, security and integrity f yur Accunt and transactins when using Mbile Banking. Yu agree nt t leave yur Device unattended while lgged int Mbile Banking and t lg ff immediately at the cmpletin f each access by yu. Yu agree nt t prvide yur passwrd r ther access infrmatin t any ther persn. If yu d, we will nt be liable fr any damage resulting t yu. Yu agree nt t use any persnally identifiable infrmatin when creating shrtcuts t yur Accunt. Yu agree t ntify us immediately if yu lse, r change r cancel the number f, yur registered Device. If yu believe that smene may have unauthrized access t yur Mbile Banking, yu agree t cancel yur Mbile Banking assciated with the Device immediately. Yu agree t cmply with all applicable laws, rules and regulatins in cnnectin with Mbile Banking. We make n representatin that any cntent r use f Mbile Banking is available fr use in lcatins utside f the United States. Accessing Mbile Banking frm lcatins utside f the United States is at yur wn risk, and yu are respnsible fr cmpliance with lcal laws. Yu agree yu will: Lck yur Mbile Device r take ther steps necessary t stp unauthrized use f Mbile Phne Banking; Ntify us immediately if yur Mbile Device is lst r stlen, r if yu change yur Mbile Device r Mbile Device phne number. Fees We d nt charge a fee fr ur current Mbile Banking including EFTs. Hwever, please see the Statement f Fees fr any excess transactin fees that may apply t yur Accunt. Als, yu are respnsible fr web access and/r data r text message charges that may be billed by yur mbile carrier. Check with yur mbile carrier fr details n specific fees and charges that may be applicable. Our Limited Liability fr Use f Mbile Banking Our Mbile Banking services are prvided t yu n an AS-IS AND AS AVAILABLE BASIS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO MOBILE BANKING OR ITS CONTENT OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE OR ANY ADVERTISEMENTS, OR WEBSITES IN CONNECTION WITH THAT SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MOBILE BANKING (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MOBILE BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE MOBILE BANKING SERVICE. Sme jurisdictins d nt allw the exclusin f certain warranties, s the abve exclusins may nt apply t yu. Yu may als have ther legal rights, which vary by state. In additin, see Electrnic

13 Funds Transfer Disclsure sectin fr limits f liability prvisins fr transfers made using Mbile Banking, which sectin applies nly t the extent nt cnsistent with this limitatin f liability prvisin. IN NO EVENT WILL BANK, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR MOBILE BANKING), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MOBILE BANKING. THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. Because sme states d nt allw the exclusin r limitatin f liability fr cnsequential damages, the abve limitatins may nt apply t yu. Mbile Banking is nt cvered by Bank s Online Banking Guarantee, including Mbile Banking fr custmers wh are als enrlled in ur nline banking service. Indemnificatin Yu agree t indemnify, defend, and hld Bank and its affiliates, fficers, directrs, emplyees, cnsultants, agents, Mbile service prviders, and licensrs harmless frm any and all third party claims, liability, damages and/r csts (including but nt limited t reasnable attrneys' fees) arising frm (a) a third party claim, dispute, actin, r allegatin f infringement, misuse, r misapprpriatin based n infrmatin, data, files, r therwise in cnnectin with the service; (b) yur vilatin f any law r rights f a third party; r (c) yur use, r use by a third party, f Mbile Banking. Amendment The Financial Institutin has the right t change this agreement at any time by ntice mailed t yu at the last address shwn fr the accunt n the Financial Institutin's recrds, by psting ntice in branches f the Financial Institutin, r as therwise permitted by law. Terminatin The Financial Institutin has the right t terminate this agreement at any time. Yu may terminate this agreement by written ntice t the Financial Institutin. The Financial Institutin is nt respnsible fr any fixed payment made befre the Financial Institutin has a reasnable pprtunity t act n yur terminatin ntice. Yu remain bligated fr any payments made by the Financial Institutin n yur behalf. Yu agree t ntify us in writing t discntinue the Bill Payment service. Terminatin This Agreement may be terminated in accrdance with the fllwing prvisins: 1. Terminatin fr Cause: We may immediately terminate yur Mbile Banking privileges, withut ntice t yu, under the fllwing circumstances: Yu d nt cmply with the agreement gverning yur depsit r lan accunts r Yur accunts are nt maintained in gd standing. 2. Vluntary Terminatin: T terminate this Agreement, yu must ntify the Bank and prvide yur name, address, the Mbile Service(s) yu are discntinuing, and the requested terminatin date f the Mbile Service. Yu may ntify the Bank by ne f the fllwing methds: Sending an by lgging in t Online Banking. Click the Supprt tab frm the navigatin bar, then click the Create a Supprt Request buttn, enter Mbile App Terminatin in the subject line and click Send. Cntacting us by phne, call during regular business hurs f 7:30 a.m. 5:30 p.m., Mnday thrugh Friday and Saturday 8:00 a.m. - 12:00 p.m. at 866-BANTERRA ( ) and select Optin 2. By mailing a ntice t Banterra Bank, P.O. Bx 291, Eldrad, IL 62930; r Delivering a written ntice in persn t any Banterra Banking lcatin.

14 Entire Agreement This Agreement, as it may be amended frm time t time, tgether with any ther disclsures r dcuments prvided t yu abut yur Mbile Banking services and Accunts, cntains the entire agreement between yu and supersedes any ther r ral cmmunicatins and previus agreements, if any, with regard t Mbile Banking. Gverning Law Any Accunt will cntinue t be gverned by the laws described in the Accunt agreement. This Agreement will be cnstrued and interpreted in accrdance with federal law applicable t Mbile Banking and t the extent nt superseded by federal law, the laws f the state withut regard t cnflict-f-law rules. Cnsent t Receive Electrnic Cmmunicatins Unless therwise required by applicable law, any ntice r written cmmunicatin given pursuant t this Agreement may be sent t yu electrnically. Yu authrize us t prvide t yu, electrnically, any and all cmmunicatins regarding each f the Accunts yu designate t access via Online r Mbile Banking. All cmmunicatins prvided in either electrnic r paper frmat frm us t yu will be cnsidered in writing. Fr yur recrds, yu shuld print r dwnlad a cpy f each cmmunicatin that is prvided t yu electrnically. Yu cnsent t receive via electrnic delivery all required disclsures and cmmunicatins regarding all depsit accunts, lan accunts and lines f credit yu have specified t access thrugh Online r Mbile Banking. In additin, yu agree t receive Bank marketing advertisements and cmmunicatins via electrnic delivery. Disclsures and ther cmmunicatins that may be delivered t yu electrnically may include, but are nt limited t: Peridic statements fr Online Statement Accunt Users Legal and Regulatry Ntices fr yur Accunt, including but nt limited t: 1. Privacy Plicy and Annual Privacy Ntice 2. Annual Electrnic Funds Transfer Ntice Ntices r disclsures fr any change-in-terms infrmatin fr yur accunt Fees r Charges Applicable t the Accunt Other ntices we may be required t prvide Bank Marketing Advertisements and Cmmunicatins Fr each f the Online r Mbile Banking accunts yu access, we have n bligatin t prvide yu r any ther wner r authrized signer n the accunts, with a paper cpy f any cmmunicatin, unless and until, cnsent fr electrnic cmmunicatins is withdrawn as described in this dcument. A paper cpy f any statement r disclsure may be btained by making a request in persn at any Banterra Banking lcatin r by sending us a written request fr a paper cpy t Banterra Bank, P. O. Bx 291, Eldrad, IL r by printing a cpy f yur nline statement r disclsure. A fee may apply fr each additinal printed r electrnic cpies f previus statements requested. N fee shall apply fr prviding cpies f ther disclsures as required by law. We reserve the right, but assume n bligatin, t prvide a paper cpy (instead f an electrnic) f any cmmunicatin that yu have authrized us t prvide electrnically. Hw t Withdraw Yur Cnsent t Electrnic Cmmunicatins Yu may withdraw yur cnsent t receive yur statements, disclsures and all ther cmmunicatins frm us electrnically, by prviding a ntice t us in writing. Any withdrawal f yur cnsent t receive electrnic statements, disclsures and cmmunicatins will be effective after we have a reasnable time t prcess yur withdrawal, up t 10 days frm receipt f the withdrawal f cnsent. This ntice may be made in persn at any Banterra Banking lcatin r by mailing a ntice t: Banterra Bank Electrnic Banking Department P. O. Bx 291 Eldrad, IL 62930