Electronic Banking Agreement and Initial Disclosures

Electronic Banking Agreement and Initial Disclosures Effective: May, 2012; Revised: May, 2014 I. Introduction A. Applicability Welcome to First National Bank & Trust. This Online Banking Agreement and Initial Disclosures between you and us, together with the OLB Addendum (defined below) and any instructional material or guides we provide to your relating to the subject matter hereof (collectively, the “Agreement”) sets forth the terms and conditions for the use of our online banking and telephone banking services. You should read this Agreement carefully and in its entirety, because the terms, conditions, disclosures and other provisions in it are very important. Also, you should keep an electronic or printed copy of it with your records. By subscribing to the Service or using all or any part of the Service, you accept and agree to the terms and conditions of this Agreement. We also suggest that you print a copy of the Software License Agreements (defined below) included with the Personal Financial Software (defined below). ARBITRATION AND WAIVER OF JURY TRIAL. THIS AGREEMENT CONTAINS PROVISIONS FOR BINDING ARBITRATION AND WAIVER OF JURY TRIAL, WHICH ARE FOUND NEAR THE END OF THIS AGREEMENT. YOUR ACCEPTANCE OF THIS AGREEMENT INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH PROVISIONS. WHEN ARBITRATION IS INVOKED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT, OR HAVE A JURY DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR ARBITRATION. B. The Service You may use a Personal computer ("PC") to access the Service via FNB&Trust Online (www.FNBandT.com). C. Third-Party Service Provider We may enter into one or more contracts with third-party service providers to provide or assist in providing one or more of the Services. For that reason, we have contracted with Jack Henry & Associates, a third party service provider. Jack Henry & Associates is not a part of the Bank. Jack Henry & Associates is a third party beneficiary to this Agreement. II. Definitions 64274 v2 65586 v1 The following definitions apply in this Agreement, in addition to other definitions found elsewhere in this Agreement. Account (or the plural thereof), singularly and collectively, and whether expressly designated as an "eligible" or "FNB&T" Account or not (unless the context shows that it has a different meaning), refers to each of your eligible* checking, savings, money market, loan, eligible* line of credit, and *eligible mortgage Accounts, you have with us. *Some of your Accounts may not be eligible for certain transactions using the Service. All eligible Accounts must be accessible via FNB&Trust Online Banking (www.FNBandT.com) Account Agreement (or the plural thereof), singularly and collectively, means any Account agreement, such as the deposit account agreement or other applicable agreement, as amended from time to time, relating to a deposit Account, loan, or other relationship you have with us. Affiliate means, with respect to any Person, another Person that directly or indirectly owns or controls such Person, is owned or controlled by such Person, or is under common ownership or control with such Person; and the term also includes each of such Persons' senior executive officers, directors, executives, managers, members or partners. Applicable Law means, as to any Person, a requirement imposed by any federal, state, local or other law, regulation, rule, ordinance, determination of an arbitrator, order of a court, or determination, order, finding, advisory opinion, guideline, or requirement of any other governmental authority, which is applicable to and binding upon such Person, including without limitation, the laws, regulations and orders administered by The Office of Foreign Assets Control (OFAC), and the Financial Crimes Enforcement Network (FinCEN). Authorized Payee means a Payee that you have designated and the Bank has accepted as a Payee for purposes of using the Bill Paying Service. The use of the term, "Payee," alone, does not necessarily mean that such Payee is not an Authorized Payee, depending on the context used. Bill Paying Service means the Service included in this Agreement for the payment of Payees. Business Days mean Monday through Friday, except Federal Reserve holidays. Consumer means a natural Person (an individual) who has a Consumer Account. If that Person also holds one-or more non-Consumer Accounts, that Person is not a Consumer with respect to such Accounts. Consumer Account means a checking, savings, or other consumer asset Account held by a natural person (i.e., an individual) which is primarily for personal, family, or household purposes. Deliver-By Date refers to the date on which your payment will be delivered to the Payee. FNB&T or FNB&Trust refers to The First National Bank & Trust, with its main office in Atmore, Alabama, and its Affiliates where any of your Accounts may be located. FNB&Trust Online Banking means the Internet application through which you may access the Service. OLB Addendum means the addendum referred to in the definition of “Agreement” above, which contains information such as fees, deadlines and holidays. The OLB Addendum will be maintained on the Bank’s website (www.fnbandt.com) and may be revised from time to time. 2 64274 v2 65586 v1 Payee may include any business, merchant, or professional with a valid five digit United States Postal Service ZIP address that generates a bill or invoice for services, or services provided on your behalf, or any individual. Payee Account refers to the account to which the Payee will credit your payment. Payee Information refers to information about a Payee that is used to properly direct payment to the Payee and permit the Payee to identify the correct Payee Account. Person refers to an individual, corporation, partnership, limited liability company, association, joint venture, business trust, estate, trust, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity. Recurring is used with respect to some payments and transfers to mean a payment or transfer that is made on a regular basis in the same amount each time, such as a monthly car note payment, or one that is made on a regular basis in varying amounts, such as a monthly utility bill. Scheduled Payment means a payment that you have scheduled to be made to a Payee. Send On Date means the date that you schedule a payment to a Payee to be processed by us, or such adjusted date as may be required from time to time as provided for herein. Service (or the plural thereof) refers, singularly and collectively, to any or all of FNB&Trust Online Banking Services described in this Agreement which allows you to electronically access Account and transaction information, transfer funds, originate transactions, and pay bills on a Personal computer. Software License Agreement(s) means the software license agreements governing your use of the Personal Financial Software. System Requirements means the current hardware and software minimum requirements to access the Service. See the System Requirements in the FNB&Trust Online Banking Frequently Asked Questions for details. Telephone Banking is also known as First Access 24/7 Banking. It means the Service we provide under this Agreement whereby you may use your touchtone telephone to execute certain transactions and inquiries as described in this Agreement. We, us, or our, or the Bank, refers to FNB&T and any agent, independent contractor, designee or assignee that FNB&T may, in its sole discretion, involve in the provision of the Service. You or your refers to each and every Person who subscribed to the Service pursuant to this Agreement, including any such Person who is using the Service by or through a Person who has not subscribed to the Service, except to the extent limited by the context (e.g., in provisions limiting "you" to Consumers if you are not a Consumer or not only a Consumer). III. Security A. Username You will be asked to choose your personal Username consisting of 6 – 25 characters, and a password with a minimum of 8 characters with one number, one uppercase letter, one lowercase letter and one special character (!,@,#,$,%,^,&,*) which you will use to obtain access to your Accounts. You authorize us to follow any instructions entered through the Service using your Username. If you are an individual, 3 64274 v2 65586 v1 you agree not to give or make available your Username to any Person. If you are not an individual, you agree not to give or make available your Username to any Person other than, on a strict need-to-know basis, to a Person or Persons who is/are associated with you for the purpose of fulfilling the responsibilities for which your Accounts exist, and in whom you have absolute confidence in each such Person's competence, integrity, loyalty, and honesty, solely for the purpose of carrying out the responsibilities for which your Accounts exist. Without limiting the foregoing, no Person who is employed by FNB&T or who says that he or she is representing FNB&T has any right, duty, or authority to ask you for such information. Also, and without limiting the foregoing, FNB&T will never ask you to disclose such information to us through the Internet or otherwise, so if you ever receive an email or other request that asks for such information or other personal information, even if it appears to be from FNB&T, you should not provide the requested information. We do not monitor your protection of your Username, and therefore, we will assume that any transaction initiated with the use of your Username has been initiated by you or otherwise authorized by you. We may ask you to change your Username from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your user ID or any other personalization of your Accounts. You are also solely responsible for controlling the safekeeping of and access to, your Username. Subject to the limitations summarized in this Agreement which are specifically limited to Consumer Accounts, all bill payments made using your Username are conclusively presumed to have been authorized by you. We have no obligation to authenticate any request for a bill payment which is made with your Username, unless the disclosure of the Username to a Person was due to our negligence. Without limiting the foregoing, and again subject to the limitations in this Agreement relating to Consumer Accounts, you are liable for all transactions you make, or that you authorize another Person to make (even if that person exceeds his or her authority), or that another Person whom you have intentionally or negligently permitted to have access to your Username makes even if that Person was not authorized to make a transaction. If you want to terminate a Person's authority or otherwise desire to change your Username, you must notify us and arrange to change your Username. You will also be responsible for any bill payment request that you make that contains an error or is a duplicate of another bill payment. B. Additional Security Measures In addition to your Username (which only you will know), we may ask you to create and provide responses to additional authentication questions that only you will know in order to verify your identity. You will be asked to create these questions and responses one time and will be presented with a question and prompted for a response at random when you access the Service and/or make certain transactions using the Service. These questions and your correct responses help us to provide stronger protection of your Account information and your transactions. To assist you in keeping your Account and access information secure, we recommend that you do not click any links to Internet sites that you do not already know to be secure. Doing so can sometimes result in cybernet thieves becoming able to cause spyware or other forms of malware to infect your PC and to cause you to incur losses through such thieves' manipulation of information on your PC even though the linked site does not appear harmful. We reserve the right to prevent access to the Service and/or refuse to process any payment or transfer for security reasons or if for any reason we suspect fraud. You agree to cooperate with us in the investigation and prosecution of any Person who has obtained and used your Username without your authorization. There are other security measures that you should take to protect your online security, including those found by clicking the “FAQ” link at www.fnbandt.com. 4 64274 v2 65586 v1 IV. Bill Paying Service A. General You may make payments from your Account through the Service to any business, merchant, or professional with a valid address that generates a bill or invoice for services or services provided on your behalf. We reserve the right to refuse to allow you to designate any particular Payee or class of Payee. Payments may be made only to Payees with a 5-digit United States Postal Service ZIP code address, including APO/FPO addresses. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-ordered payments through the Service. Any user of this Service shall comply with all Applicable Laws and regulations including the laws and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC). We reserve the right to refuse to process any bill payment we reasonably believe violates Applicable Law or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities. We will notify you if we do not process a bill payment. B. Your Authorized Payee List You must provide sufficient information about each Payee as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct Payee Account to credit with your payment. This information may include, among other criteria, the name, address, and phone number of the Payee and your Payee Account number. You agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments, and you authorize your Payees to release such information to us. You can enter your Payee Information directly on your PC. Additions, deletions, and modifications to Payee Information are entered directly on your PC and are communicated to us the next time you log on to the Service. For FNB&Trust Online Banking, the change will be immediate upon confirmation of the change. If you want to add a new payee to your list of Authorized Payees, you can submit your request by using the “Add A Payee” button on our web site. You may add a new Scheduled Payment to a Payee only if the Payee is on your list of Authorized Payees, by accessing the Service and entering the appropriate information. Most other additions, deletions, or changes can be made by using the Service. We reserve the right to refuse the designation of a Merchant for any reason. C. Scheduling Bill Payments To electronically schedule a payment with your PC, you may do so by using the "Add A Payee" button on our website and entering the appropriate information. When you schedule a bill payment, you authorize us to withdraw the amount of your payment from your Account and remit funds on your behalf. You also authorize the credit of returned payments resulting from using the Bill Paying Service. D. How Bill Payments are Delivered We may remit your payments by mailing your Payee a paper check, by electronic funds transfer, or by other means. Payees who have a relationship established to receive electronic delivery of payments by us will receive your payment information by a computer link. The Deliver-By Date will depend on how the payment is sent. The Deliver-By Date for electronic payments is generally one Business Day after the Send On Date. For Payees that are unable to receive electronic payments, or who elect to not receive electronic payments, we may send payments by a paper draft drawn on your Account. You agree that all paper drafts issued on your authorized instructions will be the same as if actually signed by you. We send all checks through the United States mail. The Deliver-By Date for paper drafts is generally determined by the Payee zip code. We are not responsible for postal delays or processing delays by the Payees. Occasionally, a Payee chooses not to participate in the Service, or may be unable to process payments in a timely manner. In such cases, we may decline to make future payments to these Payees. 5 64274 v2 65586 v1 E. Processing Your Bill Payments You will be asked to specify the Send On Date. For electronic payments, we will reduce the available balance in your Account on the Send On Date by the amount of the Scheduled Payment. For electronic payments, your Account will be charged one business day before the Deliver-By Date. For bill payments in the form of paper drafts, your account will be charged when check is cashed by the merchant. If the Send On Date for a non-Recurring Payment falls on a weekend or a Federal Reserve Holiday, your payment will be processed on the next Business Day. Although you may schedule bill payments by using the Service 24 hours a day, 7 days a week, payments will be withdrawn from your Account only on Business Days, subject to system availability. You agree to have available and collected funds on deposit in your Account in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to us. If any payment you request exceeds the balance of available collected funds in the Account either at the time you request the payment or at any later time that your Account is scheduled to be debited, we need not make such payment and shall incur no liability to you for such inaction. If we, in our sole discretion, nevertheless elect to make such payment even if you do not have an overdraft account, then an overdraft shall be created. The amount of the overdraft, and any related fees, costs and expenses, shall be due and payable by you immediately, without the need for demand by us and we may debit any other account you have with us (whether it is an "Account" otherwise subject to this Agreement or not) for this amount or in the event of any erroneous credit that has been given to your Account. You will be charged a fee for the overdraft as provided in the OLB Addendum. To secure any such overdraft, you hereby grant us a security interest in all of your assets in our possession or held for by us. F. Future Bill Payments You may schedule a payment for a future Business Day up to 18 months in advance. G. Recurring Bill Payments You may schedule payments for a fixed amount for delivery on or about the same date every month (a "Recurring Payment"). The Deliver-By Date for a Recurring Payment is calculated for each payment based on the Send On Date you enter and the form of payment required for that particular Payee. If the Deliver-By Date does not exist in a certain month, the Deliver-By Date will be the last Business Day of the month and the Send On Date will be adjusted to allow for the appropriate delivery time for that particular Payee. For example, if the Deliver-By Date is for the 30th of each month, the Deliver-By Date for the month of February will be the last business day in February and the Send On Date for an electronic Payee will generally be two Business Days prior. If the originally scheduled Send On Date falls on a day other than a Business Day in any month, the actual Send On Date will be the previous Business Day. If the calculated Deliver-By Date falls on a day other than a Business Day in any month, the Deliver-By Date will be the previous Business Day and the Send On Date will be adjusted to allow for the appropriate delivery time for that particular Payee. 6 64274 v2 65586 v1 H. Scheduling Bill Payments You must properly schedule the Send On Date to include adequate time for your payment to be processed and delivered on or before the Deliver-By Date. You must schedule your payments before 2:00 p.m. Central Time, USA, on a Business Day. For all payments: i. You must provide us with the correct Payee name, address, account information, and the correct payment amount. ii. Your Account, including any overdraft plan, must contain sufficient funds to complete the payment or transfer. iii. The payment may be made to a business and/or person. iv. Your PC hardware, software, telephone line, and Internet Service Provider, if applicable, must be functioning properly. v. We are not responsible for failure to deliver any payment that we have reserved the right to refuse to process as provided in this Agreement. vi. If you schedule a future-dated or recurring payment to occur on a day of the month that does not exist (e.g, the 31st of the month), the payment request will be submitted on the last Business Day of the month and will be credited to your Account on the third Business Day after the payment request is submitted. DUE TO CIRCUMSTANCES BEYOND OUR CONTROL AND FOR WHICH WE HAVE NO RESPONSIBILITY, SOME MERCHANTS TAKE LONGER TO POST PAYMENTS THAN OTHERS. WE RECOMMEND SENDING YOUR FIRST PAYMENT WITH MORE THAN ENOUGH TIME TO POST BEFORE THE DELIVER-BY DATE. AFTER YOUR FIRST PAYMENT HAS POSTED YOU WILL HAVE A BETTER UNDERSTANDING OF HOW MUCH TIME TO ALLOW FOR EACH MERCHANT. I. Stopping or Modifying Bill Payments You may use your PC to electronically change both the payment amount and the Send On Date of any Scheduled Payment at any time prior to 2:00 p.m., Central Time, USA, on the Send On Date. You may also delete any payment at any time prior to 2:00 p.m. Central Time, USA, on the Send On Date. You may attempt to do so in this manner after that date; however, in light of the limitations on our ability to stop an electronic bill payment after we have initiated the processing of such payment, we can give no assurance that such payment will be stopped and will have no liability if your attempt to stop such payment is not successful. NOTICE: This agreement does not apply to preauthorized transfers between you and persons you have authorized to obtain payments from your account. Provisions for stopping payment of regularly recurring transfers that you have authorized are included in your Account Agreement and not in this Agreement. J. Reviewing Payments and Payment Information Payment Information and records of past and future Scheduled Payments are stored on the Bill Pay system and are accessible through the "Payment History" link. K. Incomplete Payments If we remit your payment to a Payee by mailing your Payee a check, and the check has not been presented for payment, you may contact us if you require assistance in researching your payment by visiting our office, by calling (251) 368-3148 or toll free at 877-575-2440 and asking 7 64274 v2 65586 v1 for Electronic Banking, or by writing to us at First National Bank & Trust, Electronic Banking, P.O. Box 27, Atmore, Alabama 36504. L. Returned Payments In using the Service, you understand that payments may be returned for various reasons unrelated to the performance of the Service, such as, but not limited to, the Payee account number is not valid, the Payee is unable to locate the account, or the Payee account is paid in full. We will use reasonable efforts to research and correct the returned payment, or void the payment and credit your Account. You may receive notification from us when this occurs. V. Transfers Among your FNB&T Accounts A. General You may use the Service to transfer funds between any of your Accounts held by us or one of our Affiliates, subject to any limits or restrictions we may impose from time to time. B. Cut-off Time for Transfers Transfers between Accounts initiated via the Service and received by us by 6:00 p.m. Central Time Monday through Friday will be effective on the current Business Day. Transfers between Accounts initiated via the Service and received after 6:00 p.m. Central Time Monday through Friday, or all day Saturday, Sunday, and banking holidays will be effective the following Business Day. Transfers between Accounts initiated via the Service to a business loan Account and received by us by 6:00 p.m. Central Time Monday through Friday will be effective on the current Business Day. Transfers to business loan Accounts initiated via the Service and received after 6:00 p.m. Central Time Monday through Friday, or all day Saturday, Sunday, and banking holidays will be effective the following Business Day. C. Limitations on Frequency of Transfers The number of transfers between your Accounts may be subject to the limitations that apply to the maximum number of automatic or repeating withdrawals from certain types of accounts. Refer to your Account Agreements for details. D. Limitations on Dollar Amount of Transfers/Bill Payments Except as limited by Account type and applicable Account Agreements, each transfer between Accounts and the maximum aggregate amount that can be transferred between Accounts per day is unlimited. Each bill payment from an Account may range in amounts up to $99,999.99. E. Future Transfers Transfers scheduled for a future date will be effective at 6:00 a.m. Central Time on the requested date of transfer. For example, a transfer scheduled to occur on September 3, will be effective at 6:00 a.m. on September 3. The transfer will be viewable via the Service in available balance on the date of the scheduled transfer. The transfer will be viewable via the Service in transaction history the day following the transfer. 8 64274 v2 65586 v1 F. Stopping or Modifying a Scheduled Transfer A scheduled transfer may be stopped or modified at any time the day prior to the scheduled transfer date. For example, a transfer scheduled for September 3 may be modified or stopped at any time prior to 6:00 a.m. Central Time on September 3. VI. Additional Services A. Online Statements You may elect to stop or resume the mailing of paper statements for your Accounts by changing your statement delivery preferences by logging on to FNB&Trust Online Banking (www.FNBandT.com), clicking the personal banking tab, and then clicking the View Statements link and following the instructions. Only Accounts accessible via FNB&Trust Online Banking (www.FNBandT.com) may be enrolled for online statement delivery. Accounts are displayed on the Statements page in FNB&Trust Online Banking. If you currently receive a consolidated periodic statement that includes multiple Accounts and you select online statement delivery and identify all of the Accounts included in the consolidated periodic statement, then all Accounts shown on the consolidated statement will be automatically enrolled for online statement delivery. For joint Accounts, only one Account owner need enroll for online statement delivery. If you receive cancelled checks with your periodic statement and choose to receive your periodic statement via online statement delivery, you will no longer receive cancelled checks in the mail, but will instead received on-line images of the canceled checks. We may deliver information to you about your Accounts via the FNB&Trust Online Banking Message Center, email (if you have provided us with your email address), US Postal Service, or within the online statement itself. It is your responsibility to notify us if your contact information changes. We may continue to mail information to you, including any information that you have authorized us to provide to you electronically. We may discontinue the online statement service at any time in our discretion and resume mailing paper statements to you. We may also add, modify, or delete any feature of the online statements service in our discretion. We will provide you with notice of any change or termination in the online statement service. All of your payments and transfers made through the Service will appear on your periodic Account statement. The Payee Name, payment amount, and withdrawal date will be reflected for each payment made through the Service. B. Check and Deposit Images You may view digital images of recent cancelled (paid) checks and deposit slips. Online images may be viewed only for such periods of time as we may establish, after which copies are normally available from our archives upon request (we may charge a fee for such copies). As is common industry practice with various check "truncation" or "safekeeping" services, we destroy the original items but retain the images for at least the number of years required by law. If an image of a 9 64274 v2 65586 v1 check is missing or is illegible, we will attempt to provide you with a legible copy upon your request, if you give us adequate information to identify the specific check. However, we will have no liability to you if we are unable to provide a copy within your requested timeframe, or at all, due to any reason other than our gross negligence, willful misconduct or criminal conduct. We reserve the right to charge a fee for such requests in some circumstances, such as when the image is missing or illegible due to circumstances beyond our control. C. Balance Inquiries You may use the Service to check the balance of your Accounts. The balances shown may differ from your records because they may not include deposits that are not available for withdrawal, outstanding checks, or other withdrawals, payments, or charges. D. Electronic Messaging The Service provides you with the ability to send secure messages by clicking the “Requests & Messages” link within the “Customer Services” section located at the top of any OLB page or you may email us at electronicbanking@fnbandt.com and receive electronic messages to and from us. Or if you email us at electronicbanking@fnbandt.com, we will reply with a secure message to you. Please remember that we will not immediately receive an electronic message sent by you. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. You agree to keep your email address that you have provided to us for use in connection with the Services, as well as your mailing address, current and updated with us at all times. To notify us of an email or mailing address change, please call us at the telephone number elsewhere in this Agreement during our normal business hours. You also may update your e-mail address at FB&Trust Online Banking. Except to the extent otherwise required by Applicable Law or regulation, you agree that we are under no obligation to re-send, re-transmit, or otherwise deliver to you any Services notifications or information that we have transmitted to your e-mail address and that has been returned “undeliverable” or otherwise rejected for delivery. Electronic messaging CANNOT be used to notify us of lost or stolen user IDs or passwords; nor can electronic messaging be used to notify us of unauthorized transactions. Notification of these occurrences must be done as specified in the Contact in Event of Errors, Questions, or Unauthorized Transfer section of this Agreement. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive email messages to or from the general public. E. Telephone Banking You may access the Service through First Access 24/7 Telephone Banking for certain types of transactions. These transactions and the method of accessing them are identified in FNB&Trust’s Frequently Asked Questions located at www.fnbandt.com. VII. Contact in Event of Errors, Questions, or Unauthorized Transfers A. For Non-Consumer Accounts If you believe your Username has been lost or stolen, or if you believe that someone has transferred or may transfer money from your Account without your permission, call us at: 10 64274 v2 65586 v1 (251) 368-3148, and ask for Electronic Banking, or write: First National Bank & Trust Electronic Banking P.O. Box 27 Atmore, Alabama 36504 If you leave a message, your call will be returned promptly during normal business hours. In addition, with regard to debit cards: To report a lost or stolen debit card 866-546-8273 Available 24 hours a day, 7 days a week. However, it is important to contact us as soon as possible under any such circumstances in order to protect your rights and to give us the opportunity to investigate the matter and to try to avoid or limit losses. Therefore, even if you do write, we advise that you first call us because under such circumstances time is of the essence, and a letter may not arrive in time to limit your losses or liability. In case of other errors or questions about any payment or other transfer initiated from or to your Account, also contact us immediately in one or more of the ways set forth above. B. Additional Error Resolution Notice Applicable to Consumer Accounts Only For your Consumer Account, telephone us or write us at the address shown above as soon as you can in case of errors or questions about your electronic transfers, including any time you believe your Username has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission. If you think your statement or receipt is wrong, or if you need more information about a transaction listed on a statement, or if you think your statement or information regarding a transaction listed on your statement or a receipt is wrong or you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When contacting FNB&T regarding an error resolution, please be prepared to communicate the following information: i. Your name and Account number. ii. The error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. iii. The dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account. 11 64274 v2 65586 v1 We will tell you the results within 3 Business Days after we finish our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. VIII. Liability A. Liability Provisions Applicable to Consumer Accounts Only If the applicable Account is a Consumer Account, then if and to the extent this provision is more favorable to you than other provisions of this Agreement (outside of this section) regarding liability, then this provision shall control. You should notify us AT ONCE if you believe anyone has improperly paid or obtained money from your Account without your permission, or if your Username have been lost, stolen or compromised, or if you suspect any fraudulent activity in your account(s). Telephoning is the best way of keeping your possible losses down. Failure to act promptly could cause you to lose substantially all the money in your account (plus your maximum overdraft privilege amount). But if your Username have been lost, stolen or compromised, and you tell us within 2 Business Days of discovering the loss or misappropriation, and someone used your Username or check information without your permission, you can lose no more than the lesser of $50 or the amount of unauthorized transfers occurring before you gave us notice. If you do not tell us within the foregoing 2 Business Day period, you can lose up to, but no more than, $500 if we establish that we could have stopped the use of your Accounts had we received notice in a timely manner, except to the extent that the provisions in the next paragraph apply. Notwithstanding the foregoing limitations on your liability, if an unauthorized payment or other electronic fund transfer appears on a periodic statement provided to you, then you must take the steps reasonably necessary to contact us or the applicable third-party service provider no later than 60 days after we have sent the first statement on which the problem or error appeared to provide us with the pertinent information. (If you notify us verbally, we may also require that you send us your complaint or question in writing or electronically within 10 Business Days after the verbal notice.) If you fail to notify us within the 60-day period, you may not recover any of the money you lost after the close of the 60-day period if we can establish that the loss could have been avoided had you notified us within that time. If a good reason, such as a long trip or an extended hospital stay, kept you from telling us within the 60-day period, we will extend the time period to the extent caused by such reason. Our telephone number and address are shown above. Our Business Days are stated in the Definitions of this Agreement. B. Limitation on Bank Liability for All Payments and Other Transfers These provisions apply to all Accounts; however, they do not limit or expand the provisions in this Agreement for the protection of Consumer Accounts. If we do not complete a bill payment or other transfer to or from your Account in the correct amount according to your timely, properly entered and transmitted instructions according to our Agreement with you, we will be liable for your losses or damages. Also in the case of late bill payments caused by us or the service provider, provided none of the foregoing circumstances are applicable, we or the applicable service provider will bear responsibility for any late payment charges up to $50.00 should a properly and timely entered and transmitted bill payment post after its Deliver-By Date. We or the service provider will first attempt to have the fee waived by the payee and if unsuccessful the fee will be reimbursed up to the amount of $50.00. However, neither we nor the service provider will incur any liability if we are unable to complete any bill payments or transfers because of any of the following reasons: i. You have not provided us with the complete, correct and current name, address, phone number, or account information for the Payee upon initiation of the payment; 12 64274 v2 65586 v1 ii. Any act, failure to act, delay, or other circumstances caused in whole or in part by facts or occurrences beyond our reasonable control (such as, but not limited to, fire, flood and other natural disasters, garnishment or other legal process, electrical power or telecommunication outage, deficiencies in your telephone line quality, labor unrest (including postal strikes), other delay in U.S. Mail, delays caused by Payees, or any defect or malfunction of your PC, operating software, modem, or telephone line, or other interference from an outside force) which prevent the proper execution of the transaction despite our reasonable precautions; iii. Our or a service provider’s equipment or software or some other aspect of the payment processing center is not working properly and you know or have been advised about the malfunction before you execute the transaction; iv. Your equipment or software is not working properly; v. For reasons other than the fault of the Bank or a service provider, your Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account, or if the Account has been closed; vi. For reasons other than that of the Bank or a service provider, if a timely bill payment is made but the Payee nevertheless does not credit your payment promptly after receipt; vii. You attempt to pay a person who has not been properly designated by you as a Payee; viii. You did not properly follow the instructions for making a bill payment, including your failure to enter your instructions soon enough to cause the bill to be timely paid, or did not otherwise properly follow the instructions for using the Service or the Personal Financial Software; ix. A bill payment is not made or is not timely made due to incomplete, incorrect, or outdated information provided by you regarding a Payee, or you attempt to pay someone through the Service that is not on your Authorized Payee list; x. We or a service provider reasonably believe that a transaction may be unauthorized, and based on that belief the bill payment or transfer is not completed; and/or xi. If we have the right to refuse to process a payment or transfer as provided in this Agreement. In addition, we are not liable for any failure to make a bill payment if you fail to notify us promptly upon the first to occur of your acquisition of actual notice or knowledge that you have not received credit from a Payee for a bill payment after it should have been received, or the expiration of 30 days following the Send On Date. Also, and without limiting the foregoing, we are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent. IX. Liability Provisions Applicable to Non-Consumer Accounts A. Your Sole Risk For non-Consumer Accounts, except as provided below, you will use the Services at your sole risk, including the risk of erroneous or fraudulent transactions. Please refer to the applicable Account Agreement for other important disclosures regarding your rights and responsibilities. B. Our Standard of Care and Liability Except to the extent otherwise provided herein with respect to Consumer Accounts, we will be responsible for performing the Services that we agree to provide to you as described in this Agreement, using substantially the same degree of skill and care that we generally apply in performing Services for our other clients. In the absence of our gross negligence, willful misconduct, or criminal conduct in performing or failing to perform the affected Service, if we materially breach this Agreement, our liability will be limited to: (i) restoration, as soon as reasonably practicable, of any interrupted Service; (ii) reperformance of the affected Service at our expense, e.g., correcting, reversing or otherwise making accurate any errors in performance; or (iii) failing (i) and (ii) above, compensation to you for any actual monetary damages you incur as a result of our material breach of this Agreement. Except as otherwise expressly provided in this Agreement or required by law, our liability will not exceed the lesser of: (1) the actual amount of such damages or (2) the aggregate amount of fees you paid to us for the affected 13 64274 v2 65586 v1 Service during the 12-month period immediately preceding the date on which such damages occurred, or such lesser number of months that you have received the Service. Without limiting the foregoing or any other limitation in this Agreement on our potential liability, we are not responsible for any loss, damage, or injury resulting from an interruption in the availability of the Service, or any computer virus that you may encounter using the Service. We encourage you to routinely scan your PC using a reliable virus protection product to detect and remove viruses from your PC. C. Our Efforts to Assist in Event of Fraudulent Activity If you promptly give us notice of fraudulent activity in your non-Consumer account, we will attempt to take commercially reasonable steps to determine if there are available banking measures that can be taken to avoid or limit your losses, such as measures that may be available to financial institutions through the ACH network to reverse transfers, even though we did not act or omit to act in a way that caused such fraudulent activity or resulting losses. However, in doing so, we will not assume or increase any liability for which we would not otherwise be obligated by other provisions of this Agreement or by law. X. Disclaimer of Warranty; Exclusion of Damages A. Disclaimer of Warranty UNLESS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND WE MAKE NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING ANY SERVICES, OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. B. Exclusion of Damages EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, CAUSED BY THE SERVICE OR THE USE THEREOF OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE FINANCIAL SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. XI. Termination You may terminate your use of the Service at any time by visiting our office, by calling us at (251) 368- 3148, toll free at 877-575-2440 and asking for Electronic Banking, by email to electronicbanking@fnbandt.com or by writing to us at First National Bank & Trust, Electronic Banking, P.O. Box 27, Atmore, Alabama 36504. You must notify us at least 10 days prior to the date on which you wish to have your Service terminated. If you call us, we may require that you put your request in writing. If you have Scheduled Payments within this 10-day period, you also must separately cancel those payments pursuant to the Stopping and Modifying Bill Payments section of this Agreement. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for Scheduled Payments during the 10 days following our receipt of your written notice of termination, and all accrued fees and charges. If there is more than one Account owner or if more than one Person is authorized to access the Account via the Service, we may terminate the Service upon the request of any Account owner or other Person authorized to access the Account. 14 64274 v2 65586 v1 We may terminate your use of the Service, in whole or in part, at any time without notice. Upon termination, you will remain liable for payments, transfers and other transactions in process, and all accrued fees and charges. XII. Fees You agree to pay the fees specified in the current OLB Addendum as amended from time to time, which are incorporated herein by reference. In the event of an increase in the amount of a fee for bill payments or transfers or the right to make such payments or other transfers applicable to your Consumer Accounts, if applicable, you will be given written notice of such increase by mail or hand delivery at least 21 days before the increase goes into effect. Fees may also be assessed if you request one or more of the services listed below. Please contact First National Bank & Trust at 251-368-3148 or toll free at 877-575- 2440 for details concerning the fees or any increases for details. Without limiting the foregoing, additional charges apply for customer requested services and other items: • Return Check due to your error • Check copy mailed or faxed to you or Bank • Check copy mailed to Merchant • Stop Payment • Return ACH items due to your error or Bank error • Overnight carrier delivery charge per item • Research fee for items over 8 months old • We also reserve the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred. There will be no charge for any item if needed to correct our error. We reserve the right to determine whether you are using the Service as a Consumer or as a business or both, and to adjust your monthly fees accordingly. In addition, other service charges may apply. For example, there may be additional fees charged against your Accounts if a transaction you initiate using the Service causes any of your Accounts to be overdrawn, exceed the maximum permissible number of transactions for the Accounts, or exceed any other qualifiers for the Accounts. You authorize us to deduct all applicable subscription, service, and use fees for the Service from a deposit or savings Account designated by you. If we are unable to deduct all applicable fees from your designated Account for any reason (such as, the Account has been closed or there are not sufficient funds in the designated Account), you authorize us to deduct all applicable fees for the Service from any of your other Accounts. You may designate a different Account for service charge deductions, by notifying a local branch, or calling the Bank's Electronic Banking Services at (251) 368-3148, or calling toll free at 877-575-2440, by using FNB&Trust’s Online Banking secure messaging by clicking the “Requests & Messages” link within the “Customer Services” section located at the top of any OLB page or you may email us at electronicbanking@fnbandt.com. XIII. Dispute Resolution: Arbitration Agreement; Waiver of Class Action Rights; Jury Trial Waiver A. General This section constitutes the arbitration agreement between you and us and includes a mutual waiver of class action rights. This arbitration agreement governs any dispute arising from or relating to your Account, this Agreement, or any transaction conducted via the Service, including: • interpretation of the Agreement (including the meaning of this arbitration agreement and whether a disagreement is a "dispute" subject to binding arbitration as provided for in this arbitration agreement), 15 64274 v2 65586 v1 • the Service, • the terms under which you are allowed to access and use the Service, the process or procedures you use in order to obtain access to the Service (including required security procedures), and our right to change, suspend or terminate all or part of the Service, this Agreement or your access to the Service, and • any other services that you can access through our website (collectively and severally, "Covered Disputes") Disputes arising under any separate agreement governing your Accounts will be governed by the dispute resolution and governing law provisions of that agreement, which also take precedence over this section. B. Non-Judicial Resolution of Disputes You and we agree that any Covered Disputes between or among you and us, regardless of when it arose, will, upon demand by either you or us, be resolved by the following arbitration process. You understand and agree that you and we are each waiving the right to a jury trial or a trial before a judge in a public court. As an exception to this arbitration agreement, both you and we retain the right to pursue in small claims court in the state where you reside any dispute that is within that court's jurisdiction. C. Jury Trial Waiver in Event Arbitration Agreement does not Apply to a Dispute IN THE EVENT THAT THE ARBITRATION AGREEMENT IS INVALID OR OTHERWISE UNENFORCEABLE FOR ANY REASON, OR BOTH PARTIES WAIVE THE APPLICATION OF THE ARBITRATION AGREEMENT, OR FOR ANY OTHER REASON JUDICIAL LITIGATION FOR WHICH A JURY TRIAL WOULD OTHERWISE BE PERMITTED TAKES PLACE NOTWITHSTANDING THE ARBITRATION AGREEMENT, THEN YOU AND WE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER OF US MAY HAVE TO TRIAL BY JURY AGAINST EACH OTHER, AND AGAINST ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, MEMBER, PARTNER, CONTRACTOR OR OTHER AFFILIATE OF EITHER YOU OR US OR OF ANY OTHER PERSON DESCRIBED ABOVE, IN RESPECT TO ANY LITIGATION BASED ON, ARISING OUT OF, OR RELATED TO THE ON-LINE BANKING AGREEMENT, INCLUDING WITHOUT LIMITATION THE SERVICES, ANY BILL PAYMENT, TRANSFER, STOP PAYMENT OR OTHER MATTER CONTEMPLATED THEREBY, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), ARISING OUT OF, OR ARISING UNDER, OR RELATED TO ANY OF THE FOREGOING, OR TO ANY AGREEMENT CONTEMPLATED TO BE EXECUTED OR FULFILLED IN CONJUNCTION WITH THE ON-LINE BANKING AGREEMENT. D. Definition of Disputes A dispute is any unresolved disagreement between or among you and us. It includes claims based on broken promises or contracts, torts (injuries caused by negligent or intentional conduct) or other wrongful actions. It also includes statutory, common law, and equitable claims. A dispute also includes any disagreement about the meaning of this arbitration agreement, and whether a disagreement is a "dispute" subject to binding arbitration as provided for in this arbitration agreement. E. Binding Arbitration; Waiver of Class Action Rights; Severability Binding arbitration is a means of having an independent third party resolve a Covered Dispute without using the court system, judges or juries. Either you or we may require the submission of a Covered Dispute to binding arbitration at any reasonable time notwithstanding that a lawsuit or other proceeding has been commenced. If either you or we fail to submit to binding arbitration following a lawful demand, 16 64274 v2 65586 v1 the one who fails to so submit bears all costs and expenses (including attorney's fees and expenses) incurred by the other compelling arbitration. Neither you nor we will be entitled to join or consolidate Covered Disputes by or against others in any arbitration, or to include in any arbitration any Covered Dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. Each arbitration, including the selection of the arbitrator will be administered by the American Arbitration Association ("AAA"), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules"). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement will control. Arbitrator(s) must be a member of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Covered Dispute. You and we each agree that in this relationship: • You and we are participating in transactions involving interstate commerce; • Each arbitration is governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws governing the relationship between you and us about which the Covered Dispute arose. To find out how to initiate an arbitration, please call any office of the AAA or visit the AAA website at www.adr.org. If any of the provisions of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be unlawful or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable. However, the jury trial waiver shall remain enforceable. F. Rights Preserved This arbitration agreement and the exercise of any of the rights you and we have under this arbitration agreement do not stop you or us from exercising any lawful rights to use other remedies available to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or court appointment of a receiver by a court having jurisdiction. G. Miscellaneous All statutes of limitations applicable to any Covered Dispute apply to any arbitration between you and us. The provisions of this arbitration agreement will survive termination, amendment, or expiration of your Account relationship or the governing Agreement or any other relationship between you and us. This arbitration agreement constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications concerning dispute resolution. If more than one arbitration agreement entered into by you and us is potentially applicable to a Covered Dispute, the one most directly related to the Account or transaction that is the subject of the dispute will control. H. Fees and expenses of arbitration You must pay the applicable AAA filing fee when you submit a written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for an arbitration on documents alone without oral 17 64274 v2 65586 v1 hearing, will be allocated according to the AAA's Rules, except that for claims of less than $1,000.00, you will only be obligated to pay a filing fee of $15.00 and we will pay all of the AAA's other costs and fees. At your written request, we will temporarily advance up to $500.00 towards the filing, administrative, and/or hearing fees for any Covered Dispute in excess of $1,000.00 which you may have filed against us, after you have paid an amount equivalent to the fee, if any, for filing a claim for such a Covered Dispute in state or federal court (whichever is less) in the judicial district in which you reside. However, if you elect an in-person arbitration process, you must pay your share of the higher administrative fee and the additional costs for this process. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative, and/or hearing fees in connection with the arbitration including, but not limited to, those costs and fees paid by us on your behalf. Unless inconsistent with applicable law, you and we will each bear the expense of our own attorneys', experts', and witness fees, regardless of who prevails in the arbitration. XIV. General A. Entire Agreement This Agreement, including any instructional material or guides, constitutes the complete and exclusive agreement related to the Service, and supplements the Software License Agreements, the Account Agreements, and any other agreement or disclosure related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein. B. Waivers No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us. C. Assignment You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties. D. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Alabama, without regard to that state's conflict of laws provisions, together with any applicable federal laws or regulations, including Regulation E. E. Compliance with Applicable Laws. Any user of this Service shall comply with all Applicable Laws. We reserve the right to refuse to process any transaction we reasonably believe violates Applicable Law, or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities. We will notify you if we do not process a transaction. F. Amendments We may amend this Agreement from time to time by posting the amended agreement on our website along with a notice that this Agreement has been amended, or by notice mailed to you at the last address 18 64274 v2 65586 v1 shown for the Account on our records, or by any other reasonable notification method. You may obtain the most recent version of this Agreement by visiting our website or calling (251) 368-3148 or toll free at 877-575-2440 and asking for Electronic Banking, or by using FNB&Trust’s Online Banking secure messaging by clicking the “send message” link within the Message Center box located on the left side of the “Account Summary” page or you may email us at electronicbanking@fnbandt.com, to request a copy. Continued use of the Service following notice of amendment constitutes acceptance of any amendments to this Agreement. G. Severability If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect. H. Service Hours The Service is available 24-hours a day, seven days a week, except during maintenance periods, for the scheduling, modification or review of payment orders, and for initiation of funds transfers and balance inquiries. Please refer to the description of each Service for specific processing schedules and cut-off times. I. Business Days Our Business Days are Monday through Friday. Federal Reserve Holidays are not included. J. Service Notifications We may add, modify or discontinue the Service at any time, including placing or changing restrictions/limits on the types or amounts of transfers or payments, or changing the terms and conditions governing the Service. We may send you electronic notifications concerning the Services, including notice of a change or termination of the Service. We may also temporarily suspend your use of the Service at any time for security reasons or any other reason in our discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause. K. Confidentiality Subject to Applicable Law, we will disclose information to third parties about you and your Accounts or the transfers you make: (i) where it is necessary for completing transfers; or (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 government agency or court orders; (iv) if you give us permission; (v) as stated in the First National Bank & Trust Privacy Policy (located by clicking "Privacy & Security" link at the bottom of the www.fnbandt.com site); and (vi) as otherwise required or permitted by law or government regulation. L. Access to other Products and Services We may provide you access to other financial products and/or services offered by us, our affiliates, or third parties with whom we have contracted. Access to these products or services may be provided through the use of hyperlinks within the Service. You agree that when you use these other services, you will be subject to any terms and conditions applicable to the particular product or service. In the event of a conflict between this Agreement and any terms and conditions applicable to other services, this Agreement shall control as to the subject matter addressed herein. 19 64274 v2 65586 v1 XV. STOP PAYMENT TERMS AND CONDITIONS By directing First National Bank & Trust to stop payment on the requested transaction(s), the account holder agrees that First National Bank & Trust is not obligated to honor a stop payment request that does not contain accurate information provided in a timely manner. The account holder understands that it is necessary to provide the correct information related to the transaction and that a failure to do so may result in the payment of the above item. The account holder agrees to hold harmless and indemnify the Financial Institution for all expenses, costs, and damages incurred by payment of the above item if such payment is the result of failure of the account holder to furnish any item of information requested above completely, accurately, and correctly, according to the time requirements noted below. Verbal stop payment orders will cease to be binding after 14 calendar days unless written confirmation is provided to the Financial Institution by the account holder within that 14 day period. Stop Payments of ACH/Electronic Check Items Affecting Consumer Accounts This stop payment order shall remain in effect until the earlier of (1) the withdrawal of the stop payment order by the account holder, or (2) the return of the debit entry, or, where a stop payment order is applied to more than one debit entry under a specific authorization involving a specific Originating Company, the return of all such debit entries. For PPD entries, IAT entries, and recurring WEB entries: Three banking days advance notice prior to the expected transfer date of the debit entry is required to implement the stop payment request. If the stop payment order is received within three banking days of the expected transfer date, the Financial Institution will attempt to satisfy the request of the account holder, but will not be held liable if sufficient time was not provided. For ARC entries, TEL entries, Single Entry WEB entries, RCK entries, POP entries, and BOC entries: The stop payment request must be provided to the Financial Institution in such a time and in such a manner as to allow the Financial Institution reasonable time to act on the request prior to acting on the debit entry. Stop Payment of ACH/Electronic Check Items Affecting Non-Consumer Accounts The stop payment order is effective for six months unless it is renewed in writing. The stop payment order must be provided to the Financial Institution at such time and in such manner as to allow the Financial Institution a reasonable opportunity to act upon the stop payment order prior to acting on the debit entry. Stop Payments of Check/Share Draft/Paper Draft Items A stop payment order is effective for six months and may be renewed for additional six-month periods by written request to the Financial Institution within the period during which the stop payment order is effective. The stop payment request must be provided to the Financial Institution in such a time and in such a manner as to allow the Financial Institution reasonable time to act on the request prior to acting on the item. 20 64274 v2 65586 v1