South Shore Bank Digital BankingAuthorization/Agreement

This Agreement for South Shore Bank Digital Banking (the "Agreement") is entered into between the Bank and any customer who uses Digital Banking (the "Service") for Digital Banking and bill payment. This Agreement governs the terms and conditions for Your use of South Shore Bank Digital Banking.

GENERAL TERMS AND CONDITIONS

This Agreement is a contract between You and South Shore Bank in connection with each Service that is described in the rest of this Agreement that applies to services you use from Us, as applicable (each, a "Service") offered through Our online Digital Banking site or mobile applications (the "Site"). The Agreement consists of these General Terms for each Service, and each set of additional terms that follows after the General Terms that applies to the specific Service you are using from Us, and the Error Resolution Procedures for Consumer Accounts. This Agreement applies to Your use of the Service and the portion of the Site through which the Service is offered.

A. DEFINITIONS

The words "You" and "Your" mean the South Shore Bank Account holder who has accepted this Agreement.
The words "We", "Us", "Our" and the "Bank” mean South Shore Bank.
The words “Digital Banking” and the "Service" mean the services available to You under this Agreement that permit You to communicate with Us, access information about Your Account and initiate certain transaction requests involving Your Account using Your internet-enabled computer or mobile device, as more specifically described below.
The word "Account" means any of Your Checking, Savings, Passbook Savings, Money Market High Yield Account, Certificate of Deposit, Retirement and Loan Accounts You may have with Us, that were established primarily for personal, family or household purposes.
The word "Business Day" means every day, except Saturdays and Sundays, and Federal and Massachusetts holidays on which the Bank is closed.

B. AGREEMENTS

Before You use Digital Banking, please read this Agreement, the Bank’s Privacy Policy, the Personal Deposit Account Agreement or other agreement governing the terms of Your Account, and any relevant Account Disclosures in their entirety. By using Digital Banking or by permitting any person to use Digital Banking to access Your Account, You agree to the terms and conditions in this Agreement, and any changes in such terms and conditions that We make from time to time (see the section titled “Changes to this Agreement,” below), and You agree to communicate with Us electronically through the Service and by e-mail, including the electronic transmission of Your personal financial information. If You do not agree with the terms and conditions of this Agreement, You may not use Digital Banking. Your consent to the terms and conditions of this Agreement will be deemed effective for as long as You use Digital Banking. Further, You authorize Us or appropriate third parties to act on transaction instructions You initiate through Digital Banking.

C. COMPUTER REQUIREMENTS

In this Agreement, Your personal computer, tablet, mobile device, software, internet browser, and the related equipment You use to access Digital Banking are referred to collectively as Your "Computer". You are responsible for the installation, maintenance, and operation of Your Computer. We are not responsible for any errors or failures caused by any malfunction of Your Computer, and We are not responsible for any any malfunction, loss, and damage, or injury caused by Your Computer equipment or software, by any computer virus, malware or related problems that may be associated with the use of any software or electronic device. You are also responsible for all telephone and/or cellular service charges You incur in connecting to Digital Banking and for charges by Your internet service provider.

D. ACCESS TO DIGITAL BANKING

You can use Your Computer to access Digital Banking 24 hours a day, 7 days a week, except during any special or scheduled maintenance periods.

E. ACCOUNT REQUIREMENTS

Your Digital Banking provides access to Your South Shore Bank Accounts as noted below.

Checking Accounts, Money Market Accounts, Savings Accounts, Retirement Accounts, and Consumer Loan and Mortgage Accounts: You may view updated balances and transactions and, in some cases, transfer funds between or from, or make payments from certain types of these Accounts.
Certificates of Deposits and Passbook Savings: You may view balances and transactions in these Accounts.
You must be an owner of an Account in order to access it through Digital Banking. You agree that each owner of any joint Account that is owned by two or more Account holders is authorized to access all funds held in that Account.

F. USER TERMS

Digital Banking - The following terms and conditions govern Your use of Digital Banking. The Bank reserves the right to modify these terms and conditions at any time. Your use of Digital Banking constitutes Your acceptance of these terms and conditions and any modifications thereof.
1. You agree that the following uses of Digital Banking are strictly prohibited. You agree to indemnify, hold harmless, and defend the Bank from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable attorney, accountant and expert witness fees) at Your sole expense, arising from Your failure to abide by these restrictions on use of Digital Banking.
  1. Unauthorized communication of any charge or credit card information belonging to any other person or entity.
  2. Unauthorized communication of any information concerning any password or other User ID access number, code, or identification or any other proprietary information belonging to any other person or entity.
  3. Use of Digital Banking to copy, distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to You consenting to such activity. Copying, distributing or transmitting copyrighted materials, other than with permission as specified above, is expressly prohibited.
  4. Communicating any obscene or defamatory information including but not limited to online bulletin boards or in conjunction with e‐mail.
  5. Use of Digital Banking in violation of any telecommunication, postal, or other local laws or regulations of Your country of origin or of the United States or in furtherance or commission of any crime or other unlawful or improper purpose.
  6. The Bank and its suppliers make no warranties or representation of any kind with respect to Digital Banking, whether expressed or implied, including but not limited to merchantability or fitness for a particular purpose. Neither the Bank nor its suppliers nor anyone else who has been involved in the creation, production or delivery of Digital Banking assume any responsibility with respect to Your use thereof. No oral or written information or advice given by the Bank or its suppliers or any of their employees shall create a warranty or in any way increase the scope of this warranty. You may not rely on any such information or advice. The foregoing constitutes The Bank's sole and exclusive liability to You with respect to Your use of Digital Banking.
2. You further agree:
  1. That electronic transmission of confidential business and sensitive personal information is at Your sole risk;
  2. That the Bank has the right to monitor and review electronic transmissions online and in storage; and to remove or reject any material which the Bank, at its sole discretion, believes may be unlawful or objectionable, without prior notice to You.

G. BANKING FUNCTIONS

You may use Digital Banking to perform the following activities, which are limited to the extent, and subject to the terms, noted below:

Transfer Funds - Funds can be transferred immediately between Your Checking, Savings and Money Market Accounts.
We reserve the right to limit the frequency and dollar amount of transactions from Your Accounts for security reasons. Transfers initiated before 1:15 AM EST on weekdays, 11:00 PM EST on Saturdays and holidays, and 7:30 PM EST on Sundays will be processed on the next business day. Transfers via Digital Banking are subject to service availability.
Account Information - The Account information that You access will generally be current as of the end of the previous Business Day, unless another time is specified. Information is available for Your Bank Account for up to the past ninety (90) days.
Electronic Mail - Because normal Internet e‐mail transmissions may not be secure, You agree not to transmit sensitive Account information via e‐mail. You also agree to receive communications regarding Your Account, including change‐in‐terms notices regarding Digital Banking, electronically and will not attempt to circumvent receiving any messages. You are deemed to have received any electronic messages sent to You when they are made available to You. We will not immediately receive e‐mail that You send. Therefore, You should not rel on e‐mail if You need to communicate with Us immediately (for example, if You need to report a lost or stolen Debit/ATM card or to report an unauthorized transaction from one of Your Accounts). We will not take actions based on Your e‐mail requests until We actually receive Your message and have a reasonable opportunity to act. For inquiries involving personal or time sensitive information, You agree to contact Us by telephone at Our Client Information Center at 781.682.3715.

H. SECURITY PASSWORD

For security reasons, You will select Your own password for accessing Digital Banking. You agree to keep this password confidential to prevent unauthorized use of Digital Banking and unauthorized access to Your Account. As an additional safeguard, You should change Your password frequently. If You forget Your password, You must contact Us to have a new temporary password issued to You.

I. CLIENT'S RESPONSIBILITY

You are responsible for all transactions You authorize using Digital Banking. If You permit other persons to use Your User ID and password to perform transactions, You are responsible for any transactions they authorize from Your Account.
You should notify Us immediately if You believe Your Account has been accessed or Your User ID and password has been used without Your permission. Contacting Us immediately will help You reduce possible losses. You can lose no more than $50 on a personal Account if You fail to give Us notice of a lost or compromised User ID and password and someone uses Your account without Your permission.
There may be other exceptions to Your liability as stated in the Personal Deposit Account Agreement or provided for by law.

J. BANK'S RESPONSIBILITY

We are responsible for processing Your instructions and requests. However, We will not be liable:

If You do not have adequate funds in an Account to complete a transaction, or if that Account has been closed.
If You have not properly followed the instructions on how to make a transfer or bill payment; if You have not given Us complete, correct and current instructions so that We can make a transfer or bill payment.
If You do not authorize a bill payment soon enough for Your payment to be made and properly credited by the payee by the time it is due.
If We make a timely bill payment but the payee nevertheless does not credit Your payment promptly after receipt.
If withdrawals from Your Account have been prohibited by a court order such as garnishment or other legal process.
If Your Computer is not working properly and this problem should have been apparent to You when You attempted to authorize a transfer or bill payment.
If the U.S. Postal service causes a delay.
If circumstances beyond Our control prevent making a transfer or payment, despite reasonable precautions that We have taken. Such circumstances include, but are not limited to, telecommunication outages, postal strikes, delays caused by payees, fires, and floods. This list is not all‐inclusive. You should refer to Your Personal Deposit Account Agreement for other exceptions to Our liability.

K. PERIODIC STATEMENTS

We will mail or deliver to You, periodic statements for Your Account as provided in the Personal Deposit Account Agreement. In addition to reflecting other Account activity, Your statements will include any transfers or bill payments You authorize using Digital Banking. It is Your responsibility to notify Us immediately if You detect an error on Your periodic statement.

L. REPORTING UNAUTHORIZED TRANSACTIONS

If You believe that an unauthorized transaction has been made from Your Account, telephone Our Client Information Center immediately at 781.682.3715, or write to Us at:

Attention: Client Information Center

South Shore Bank

1530 Main Street

South Weymouth, MA 02190

M. CHARGES FOR SOUTH SHORE BANK DIGITAL BANKING

There are no direct user fees for Digital Banking or the associated Bill Payment features. We may change or add fees for Digital Banking at any time with thirty (30) days prior written or electronic notice. In using Digital Banking, You agree to the service charges and fees provided for in the "Consumer Fee Schedule”" that will continue to apply to Your Account(s).

N. DISCLOSURE OF ACCOUNT INFORMATION TO OTHERS

To protect Your privacy, We will not disclose information to third parties about You and Your Account except:

When We have entered into an agreement with another party to provide certain Digital Banking services. We will provide this party with information about Your Account, Your banking and bill payment transactions and Your electronic mail messages in order to carry out Your instructions.
Where it is necessary for completing transfers and bill payment.
To verify the existence and condition of a Bank Account for a payee or holder of a check issued through Digital Banking.
To comply with laws, government agency rules or orders, court orders, subpoenas or other legal process, or in order to give information to any government agency or official having legal authority to request such information.
Any documentation which indicates that an electronic fund transfer was made shall be admissible as evidence and shall constitute prima facie proof.
At Our discretion, We may disclose to affiliated companies information about Your Account and transactions You have made to or from Your Account.
If You give Us Your written permission.
For any legitimate business need.

O. NO SIGNATURE REQUIRED

When using Digital Banking to pay bills, payment may be in the form of a paper draft. You agree that We may debit Your Bank Account to pay paper drafts that You have not signed. Use of Your Digital Banking User ID and password is Your signature authorization. It is strongly suggested that You print all transaction confirmations.

P. ALERTS

Your enrollment in the Service includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from Us that contain transactional information about Your South Shore Bank Account(s). Alerts are provided within the following categories:

Mandatory Alerts - provide You with important Account notifications, such as information about changes to Your Digital Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
Account Alerts - provide You with notification of important Account activities or when certain changes are made to Your Service Accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for You. Although You may suppress these Account Alerts, We strongly recommend that You do not do so because they provide important information related to Your Accounts.
Additional Alerts - must be activated by You to be enabled. These Additional Alerts can be accessed from the Alerts menu within South Shore Bank Digital Banking. Account Alerts and Additional Alerts must be managed and/or added online through the service. You cannot maintain all Alerts though Your mobile device. We may add new Alerts from time to time or cancel old Alerts. We usually notify You when We cancel Alerts but are not obligated to do so. The Bank reserves the right to terminate its Alerts service at any time without prior notice to You. Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e‐mail message; or (d) Your South Shore Bank Digital Banking message in‐box, by an e‐ mail message. You agree to receive Alerts through these EndPoints, and it is Your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by Your EndPoints service provider. Alert frequency varies by Account and preferences. You agree to provide Us a valid mobile phone number or email address so that We may send You Alerts. If Your email address or Your mobile device's number changes, You are responsible for informing Us of that change. Your Alerts will be updated to reflect the changes that You communicate to Us with regard to Your primary and secondary email addresses or mobile device number.
Alerts via Text Message - To stop Alerts via text message, text "STOP" to 454545 at any time. Alerts sent to Your primary email address will be unaffected by this action. To restore Alerts on Your mobile phone, just visit the Alerts tab in South Shore Bank Digital Banking and click the box next to Your mobile number for the Alerts You would like to receive again. For help with SMS text alerts, text “HELP” to 454545. In case of questions please contact Our Client Information Center at 781.682.3715. Our participating carriers include (but are not limited to) AT&T, T‐Mobile®, U.S. Cellular®, Verizon Wireless.
Limitations - The Bank provides Alerts as a convenience to You for information purposes only. An Alert does not constitute a bank record for the deposit or credit Account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, You acknowledge and agree that Your receipt of any Alerts may be delayed or prevented by factor(s) affecting Your mobile phone service provider, internet service provider(s) and other factors outside the Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold the Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non‐delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) Your reliance on or use of the information provided in an Alert for any purpose.
Alert Information - As Alerts delivered via SMS, email and push notifications are not encrypted, We will never include Your passcode or full Account number. You acknowledge and agree that Alerts may not be encrypted and may include Your name and some information about Your Accounts, and anyone with access to Your Alerts will be able to view the contents of these messages.

Q. CHANGES TO THIS AGREEMENT

We may change this Agreement at any time. Changes to this Agreement will be effective immediately, except those changes which We are required by applicable law to tell You about in advance. Those changes will be effective immediately after We have given You prior written or electronic notice as required by applicable law.

You may obtain a current copy of this Agreement or Personal Deposit Account Agreement by calling Us at Our Client Information Center at 781.682.3715 or writing to Us at:

Attention: Client Information Center

South Shore Bank

1530 Main Street

South Weymouth, MA 02190

R. COMPLETE AGREEMENT, SEVERABILITY, CAPTIONS, AND SURVIVAL.

You agree that this Agreement is the complete and exclusive statement of the agreement between Us, sets forth the entire understanding between Us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between Us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Section 7 of the Mobile Banking (“Mobiliti”) terms, Sections 1, 4-6, 18, 16, 17, 22, and 25-34 of the Bill Pay terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of Ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.

S. ASSIGNMENT

We can assign Our rights and delegate Our duties under this Agreement to a company affiliated with Us or to any other party. You may not assign Your rights or duties to anyone else.

T. TERMINATION

Either You or We may terminate this Agreement and Your Digital Banking enrollment at any time upon giving written notice of the termination to the other party. If You have a joint Account, then any one of You is authorized to terminate the Digital Banking Service. We are not responsible for notifying any remaining Account holders of the termination of Digital Banking. If You terminate Digital Banking, You authorize Us to continue making transfers and bill payments You have previously authorized until such time as We have had a reasonable opportunity to act upon Your termination notice. Once We have acted upon Your termination notice, We will make no further transactions from Your Account, including any transfers or bill payments You have previously authorized. However, You must use Digital Banking to cancel any automatic recurring payments prior to termination; otherwise, We will continue to make such payments. If We terminate Your use of Digital Banking, We reserve the right to make no further transactions from Your Account, including any transactions You have previously authorized.

If either You or We end Your rights to use Digital Banking, We will no longer be required to complete any of Your Digital Banking transactions. You will remain obligated to Us under this Agreement for all Your Digital Banking transactions, even if they occur or are completed after this Agreement is ended.

U. GOVERNING LAW

This Agreement shall be interpreted and governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its provisions or conflicts of law.

MOBILITI TERMS AND CONDITIONS: SOUTH SHORE BANK

Thank You for using South Shore Bank Mobile Banking combined with Your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 454545. To cancel, text "STOP" to 454545 at any time. For purposes of these Mobiliti Terms and Conditions, the word “Client” means You and any person You permit to use the Mobile Banking Service to access Your Account.

In case of questions please contact Our Client Information Center at 781.682.3715, email Us at cic@southshorebank.com or visit South Shore Bank Privacy Policy

Terms and Conditions

Program: The Bank offers its Clients mobile access to their Account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their Accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, Clients may select the type of alerts and other preferences which will determine, together with their Account data, the frequency of alerts delivered to the Client. This program will be ongoing. Message & Data rates may apply. Clients will be allowed to opt out of this program at any time.
Questions: You can contact Us at 781.682.3715.
To Stop the Program: To stop the messages from coming to Your phone, You can opt out of the program via SMS. Just send a text that says "STOP" to this number: 454545. You'll receive a one-time opt-out confirmation text message. After that, You will not receive any future messages.
Terms & Conditions: By participating in Mobile Banking, You are agreeing to the terms and conditions presented here.
o Our participating carriers include (but are not limited to) AT&T, T-Mobile® & Verizon Wireless.

Mobile Banking and any software You may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of The Bank or Our service provider.

Privacy and User Information. You acknowledge that in connection with Your use of Mobile Banking, The Bank and its affiliates and service providers, including NCR, and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about Your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by You or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by You. The Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, You agree that You will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom You do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by The Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of The Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose The Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that You will not attempt to: (a) access any software or services for which Your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other Clients of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

Mobile Deposit Service. Mobile Check Deposit allows You to make deposits of checks to Your checking Accounts from home or a remote location by scanning an original check and delivering the image and deposit information to Us or Our processor using Your mobile device. Upon enrollment in Mobile Banking, You will see the Deposit option.

Mobile Deposit Limits. Limits are set per day and per user. Please see your limits when you access the mobile deposit function on the mobile application.
Eligible Items. We can accept third-party check or checks payable to You, drawn on a US bank. We can’t accept checks that contain evidence of alteration, or that You know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn, travelers’ checks, savings bonds, money orders, foreign checks, substitute checks, or returned checks, checks that are incomplete, postdated, or stale dated checks (more than 6 months old).
Endorsement. Items that can be deposited are checks payable to the Account owner or joint owners that have been properly endorsed with “For Mobile Deposit Only to South Shore Bank” AND the owner’s signature. NOTE: Any check that You attempt to deposit using Your Mobile Device is subject to verification by The Bank. The Bank may reject any item for deposit for any reason, such as lack of proper endorsement, and will not be liable to You.
Availability. Deposit by 5PM EST and Your funds will usually be available within the next two business days. The Bank’s funds availability exception policies, as fully set forth in Our Funds Availability Policy Disclosure, also apply to deposits made via the Remote Service. In the event the Bank receives a check image for deposit where it has reason to doubt the collectability of that deposit, We may delay availability of that deposit. In such cases, We will notify You of this action. Please keep Your paper check until the funds are posted to Your Account. Once the deposit is confirmed please shred the check in a secure manner. Image Quality: The image of an item transmitted to the Bank using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse, or association.
Limitations of Service. When using the Services, You may experience technical or other difficulties. We cannot accept responsibility for any technical or other difficulties or any resulting damages that You may incur. We reserve the right to change, suspend or discontinue the Services, in whole or part, or Your use of the Services, in whole or in part, immediately and at any time without prior notice to You.
User Warranties and Indemnification. You warrant to the Bank that You will only transmit eligible items; images will meet the image quality standards; You will not transmit duplicate items; You will not re- deposit or re-present the original item; all information You provide to the Bank is accurate and true; You will comply with all applicable rules, laws and regulations; You are not aware of any factor which may impair the collectability of the item; You agree to indemnify and hold harmless the Bank for any loss for breach of this warranty provision. Please Note: All deposits are subject to verification and can be adjusted upon review. We reserve the right to deny access to the use of Our Remote Mobile Service without prior notice if unable to confirm Your authority to access the Remote Mobile Service or We believe such action is necessary for security reasons.
Disclaimer of 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 will meet Your requirements or will be uninterrupted, timely, secure, or error-free. We make no warranty that the results that may be obtained will be accurate or reliable or that any errors in the services or technology will be corrected.
Limitation of 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 these services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if the bank has been informed of the possibility thereof.

Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or other URLs as may be updated by Google.

THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

https://www.southshorebank.com/privacy/

Privacy and User Information - Data Analytics. You acknowledge that in connection with Your use of Mobile Banking, the Bank and its affiliates and service providers, including Fiserv, Inc., and its affiliates, may receive data about Your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by You or from other sources in connection with Mobile Banking or the Software. The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by You.

Biometric Login for Mobile Banking. Biometric login is an optional biometric sign-in method for South Shore Bank Mobile Banking that may be available for certain mobile devices that have a built-in biometric scanner. To use biometric login, You will need to first save Your fingerprint/facial feature scan on Your mobile device (for more help with biometric scanning, contact the manufacturer that supports Your mobile device). Biometrics are stored on Your device only and the Bank never sees or stores Your biometric information. You acknowledge that by enabling biometric login, You will allow anyone who has biometric information stored on Your device access to Your personal and payment Account information within South Shore Bank Mobile Banking. The Bank reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If Your device doesn’t recognize Your biometric information, You can sign in using Your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, You will need to set it up for each device. You can enable or disable biometric login anytime within South Shore Bank Mobile Banking.

Additional Considerations. Mobile Banking is currently offered as a free Service of the Bank to those enrolled in Digital Banking. There may be additional data costs related to the use of the Mobile Banking service. You should review Your current agreement or contact Your mobile service provider for any charges that may apply for data usage on Your phone.

BILL PAY TERMS AND CONDITIONS: SOUTH SHORE BANK

Our Service Providers. We are offering you the Bill Pay Service through one or more Service Providers that We have engaged to render some or all of the Service to you on Our behalf. However, notwithstanding that We have engaged such a Service Provider to render some or all of the Service to you, We are the sole party liable to you for any payments or transfers conducted using the Service and We are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that We have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that We have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to Us. Service Provider and certain other capitalized terms are defined in a "Definitions" Section at the end of these Bill Pay terms. Other defined terms are also present at the end of each set of Terms that follow after these Bill Pay terms, as applicable.
Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time pursuant to Section Q (Changes to This Agreement) of the General Terms. Further, We may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, We reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service's more recent revisions, updates, upgrades or enhancements.
Our Relationship with You. We are an independent contractor for all purposes, except that We act as Your agent with respect to the custody of Your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with Our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).
Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Our prior written consent, which We may withhold in Our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of Our rights and responsibilities under this Agreement to independent contractors or other third parties.
Notices to Us Regarding the Service. Except as otherwise stated below, notice to Us concerning the Site or the Service must be sent by postal mail to:

South Shore Bank
1530 Main Street
South Weymouth, MA 02190

We may also be reached at 781.682.3715 or toll free at 800.875.3553 for questions and other purposes concerning the Service. We will act on Your telephone calls as described below in Section 21 of these Bill Pay terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
Notices to You. You agree that We may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided Us, mailing it to any postal address that you have provided Us, or by sending it as a text message to any mobile phone number that you have provided Us, including but not limited to the mobile phone number that you have listed in Your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate Your consent to receive required disclosures through electronic communications by contacting Us as described in Section 5 of these Bill Pay terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate Your use of the Service if you withdraw Your consent to receive electronic communications.
Text Messages, Calls and/or Emails to You. By providing Us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from Us and Our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from Us for Our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from Us or Our affiliates and agents. Please review Our Privacy Policy for more information.
Receipts and Transaction History. You may view Your transaction history by logging into the Service and looking at Your transaction history. You agree to review Your transactions by this method instead of receiving receipts by mail.
Your Privacy. Protecting Your privacy is very important to Us. Please review Our Privacy Policy in order to better understand Our commitment to maintaining Your privacy, as well as Our use and disclosure of Your information.
Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
Prohibited Payments. The following types of payments are prohibited through the Service, and We have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and Payments that violate any law, statute, ordinance or regulation; and Payments that violate the Acceptable Use terms in Section 13 of these Bill Pay terms below; and Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and Tax payments and court ordered payments.
Except as required by applicable law, in no event shall We or Our Service Providers be liable for any claims or damages resulting from Your scheduling of prohibited payments. We encourage you to provide notice to Us by the methods described in Section 5 of these Bill Pay terms above of any violations of the General Terms or the Agreement generally.
Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of Your activities related to Your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and Our Service Providers have the right but not the obligation to monitor and remove communications content that We find in Our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on Our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without Our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause Us or Our Service Providers to lose any of the services from Our internet service providers, payment processors, or other vendors. We encourage you to provide notice to Us by the methods described in Section 5 of these Bill Pay terms above of any violations of the General Terms or the Agreement generally.
Payment Methods and Amounts. There are limits on the amount of money you can send or receive through Our Service. Your limits may be adjusted from time-to-time in Our sole discretion. For certain Services, you may have the ability to log in to the Site to view Your individual transaction limits. We or Our Service Provider also reserve the right to select the method in which to remit funds on Your behalf though the Service, and in the event that Your Eligible Transaction Account is closed or otherwise unavailable to Us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of Our Service Provider, or draft check drawn against Your Account.
Your Liability for Unauthorized Transfers. Immediately following Your discovery of an unauthorized Payment Instruction, you shall communicate with the Bank for the Service in the manner set forth in Section 5 of these Bill Pay terms above. You acknowledge and agree that time is of the essence in such situations. If you tell Us within two (2) Business Days after you discover Your password or other means to access Your Account through which you access the Service has been lost or stolen, Your liability is no more than $50.00 should someone access Your Account without Your permission. If you do not tell Us within two (2) Business Days after you learn of such loss or theft, and We can prove that We could have prevented the unauthorized use of Your password or other means to access Your Account if you had told Us, you could be liable for as much as $500.00. If Your monthly financial institution statement contains payments that you did not authorize, you must tell Us at once. If you do not tell Us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without Your authorization after the sixty (60) days if We can prove that We could have stopped someone from taking the money had you told Us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling Us, We will extend the time periods specified above to a reasonable period.
Taxes. It is Your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is Your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to Your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Failed or Returned Payment Instructions. In using the Service, you are requesting that We or Our Service Provider attempt to make payments for you from Your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with Your Eligible Transaction Account (for example, there are insufficient funds in Your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of Your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, Our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from Us or Our Service Provider. In each such case, you agree that:
You will reimburse Our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, Your Eligible Transaction Account to allow the debit processing to be completed.
Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
Address or Banking Changes. It is Your sole responsibility and you agree to ensure that the contact information in Your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting customer care for the Service as set forth in Section 5 of these Bill Pay terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
Information Authorization. Your enrollment in the applicable Service may not be fulfilled if We cannot verify Your identity or other necessary information. Through Your enrollment in or use of each Service, you agree that We reserve the right to request a review of Your credit rating at Our own expense through an authorized bureau. In addition, and in accordance with Our Privacy Policy, you agree that We reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding Your Eligible Transaction Account. You further understand and agree that We reserve the right to use personal information about you for Our and Our Service Providers' everyday business purposes, such as to maintain Your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify Your identity, to determine Your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect Our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, We and Our Service Providers may use Your information for risk management purposes and may use, store and disclose Your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and Our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, We and Our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:
Mobile Subscriber Information. You authorize Your wireless carrier to disclose information about Your Account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of Your business relationship with Us. This information may also be shared with other companies to support Your transactions with Us and for identity verification and fraud avoidance purposes.
Device Data. We may share certain personal information and device-identifying technical data about you and Your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by Us and Our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by Us. We will not share with service providers any information that personally identifies the user of the applicable device.
Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact Us as set forth in Section 5 of these Bill Pay terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by Us. You agree that We may terminate or suspend Your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect Your liability or obligations under this Agreement.
Errors, Questions, and Complaints.
1. In case of errors or questions about Your transactions, you should as soon as possible contact Us as set forth in Section 5 of the Bill Pay terms above.
2. If you think Your periodic statement for Your Account is incorrect or you need more information about a transaction listed in the periodic statement for Your Account, We must hear from you no later than sixty (60) days after We send you the applicable periodic statement for Your Account that identifies the error. You must:
  1. Tell Us Your name;
  2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  3. Tell Us the dollar amount of the suspected error.
3. If you tell Us orally, We may require that you send Your complaint in writing within ten (10) Business Days after Your oral notification. Except as described below, We will determine whether an error occurred within ten (10) Business Days after you notify Us of the error. We will tell you the results of Our investigation within three (3) Business Days after We complete Our investigation of the error and will correct any error promptly. However, if We require more time to confirm the nature of Your complaint or question, We reserve the right to take up to forty-five (45) days to complete Our investigation. If We decide to do this, We will provisionally credit Your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If We ask you to submit Your complaint or question in writing and We do not receive it within ten (10) Business Days, We may not provisionally credit Your Eligible Transaction Account. If it is determined there was no error, We will mail you a written explanation within three (3) Business Days after completion of Our investigation. You may ask for copies of documents used in Our investigation. We may revoke any provisional credit provided to you if We find an error did not occur.
Intellectual Property. All other marks and logos related to the Service are either trademarks or registered trademarks of Us or Our licensors. In addition, all page headers, custom graphics, button icons, and scripts are Our service marks, trademarks, and/or trade dress or those of Our licensors. You may not copy, imitate, or use any of the above without Our prior written consent, which We may withhold in Our sole discretion, and you may not use them in a manner that is disparaging to Us or the Service or display them in any manner that implies Our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is Our exclusive property or that of Our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to Us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to Us and Our licensors, shall also be deemed Our and Our licensors' exclusive intellectual property, and shall not be subject to any obligation of confidentiality on Our part. By submitting any such materials to Us, you automatically grant (or warrant that the owner of such materials has expressly granted) to Us and Our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for Your convenience. By providing these links, We are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, We cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, Your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use Our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that We do not control. You may link to the home page of Our Site. However, you may not link to other pages of Our Site without Our express written permission. You also may not "frame" material on Our Site without Our express written permission. We reserve the right to disable links from any third-party sites to the Site.
Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available Your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that Your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without Your consent, you must inform Us at once at the telephone number provided in Section 5 of the Bill Pay terms above. See also Section 15 of these Bill Pay terms above regarding how the timeliness of Your notice impacts Your liability for unauthorized transfers.
Remedies. If We have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached Your obligations under this Agreement, We may terminate, suspend or limit Your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as We deem appropriate; refuse to provide Our services to you in the future; and/or take legal action against you. In addition, we, in Our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 30 of these Bill Pay terms are cumulative and are in addition to the other rights and remedies available to Us under this Agreement, by law or otherwise.
Disputes. In the event of a dispute regarding the Service, you and We agree to resolve the dispute by looking to this Agreement.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
Law and Forum for Disputes. Unless Our Account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless Our Account agreement with you states otherwise, you agree that any claim or dispute you may have against Us (other than those which are arbitrated under Section 31 of these Bill Pay terms above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 31 of these Bill Pay terms. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT.
Indemnification. You agree to defend, indemnify and hold harmless Us and Our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney's fees) made or incurred by any third party due to or arising out of Your breach of this Agreement and/or Your use of the Site or the applicable Service.
Release. You release Us and Our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of Our authorized representatives. No delay or omission on Our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 27 AND 28 OF THESE BILL PAY TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Definitions.
1. "ACH Network" means the funds transfer system, governed by the NACHA Rules, which provides funds transfer services to participating financial institutions.
2. "Affiliates" are companies related by common ownership or control.
3. "Eligible Transaction Account" is a transaction Account from which Your payments will be debited, Your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit Account, credit card Account, or debit card Account, including any required routing information.
4. "Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
5. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
6. "Service Provider" means companies that We have engaged (and their Affiliates) to render some or all of the Service to you on Our behalf.
BILL PAYMENT SERVICE ADDITIONAL TERMS
Description of Service. The Bill Pay Service (enables you to receive, view, and pay bills from the Site.
Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on Your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, Your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft check drawn on Your Account, the draft check arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft check, Your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
The Service Guarantee. Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to Your Account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with Section 41 of these Bill Pay terms (Payment Scheduling).
Payment Authorization and Payment Remittance. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit Your Eligible Transaction Account and remit funds on Your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit Your Eligible Transaction Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will attempt to make all Your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 43 of these Bill Pay terms) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
If, through no fault of the Service, Your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of Your overdraft account;
The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from Your Eligible Transaction Account or causes funds from Your Eligible Transaction Account to be directed to a Biller which does not comply with Your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to Your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
Stop Payment Requests. The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer care for the Service in the manner set forth in Section 5 of these Bill Pay terms above. Although the Service will attempt to accommodate Your request, the Service will have no liability for failing to do so. The Service may also require you to present Your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Exception Payments Requests. Exception Payments may be scheduled through the Service; however Exception Payments are discouraged and must be scheduled at Your own risk. Except as required by applicable law, in no event shall the Service be liable for any claims or damages resulting from Your scheduling of Exception Payments. The Service Guarantee (as described in Section 42 of these Bill Pay terms) does not apply to Exception Payments.
Bill Delivery and Presentment. The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of Your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting Your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
1. Presentation of electronic bills. You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of Your Billers, and (b) the Biller has arranged with Our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary "trial basis." In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for Your acceptance. We are not a party to such terms.
2. Paper Copies of electronic bills. If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of Your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding Your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
3. Sharing Information with Billers. You authorize Us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as Your Billers and which We have identified as offering electronic bills for purposes of matching Your identity on the Service's records and the Biller's records to (a) activate Your affirmative request for electronic bills, and/or (b) confirm Your eligibility for "trial basis" electronic bills.
4. Information held by the Biller. We are unable to update or change Your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally, it is Your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller Your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching Your identity against its records or informing you about the Biller's services and/or bill information.
5. Activation. We will notify the Biller of Your request to receive electronic billing information. The presentment of Your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While Your electronic bill feature is being activated it is Your responsibility to keep Your Accounts current. Each electronic Biller reserves the right to accept or deny Your request to receive electronic bills.
6. Authorization to obtain bill data. You authorize Us to obtain bill data from Your Billers that you have requested to send you electronic bills, and from Your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide Us with Your user name and password for that Biller. By providing Us with such information, you authorize Us to use the information to obtain Your bill data.
7. Notification. We will attempt to present all of Your electronic bills promptly. In addition to notification within the Service, We may send an e-mail notification to the e-mail address listed for Your Account. It is Your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is Your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
8. Cancellation of electronic bill notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of Your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify Your electronic Biller(s) as to the change in status of Your Account and it is Your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
9. Non-Delivery of electronic bill(s). You agree to hold Us harmless should the Biller fail to deliver Your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
10. Accuracy and dispute of electronic bill. We are not responsible for the accuracy of Your electronic bill(s). We are only responsible for presenting the information We receive from the Biller. Any discrepancies or disputes regarding the accuracy of Your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.
11. This Agreement does not alter Your liability or obligations that currently exist between you and Your Billers.
Disclosure of Account Information to Third Parties. It is Our general policy to treat Your Account information as confidential. However, We will disclose information to third parties about Your Account or the transactions you make in the following situations pursuant to Our Privacy Policy (as further described in Section 9 (Your Privacy) of these Bill Pay terms), in addition to the circumstances set forth in Section 21 of these Bill Pay terms (Information Authorization):
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of Your Account to a third party, such as a credit bureau or Biller;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or,
6. If you give Us Your written permission.
Service Fees and Additional Charges. You are responsible for paying all fees associated with Your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Billing Account. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from Your designated Billing Account. Any financial fees associated with Your standard deposit Accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by Your telephone and Internet service provider. Section 17 of these Bill Pay terms (Failed Or Returned Payment Instructions) applies if you do not pay Our fees and charges for the Service, including without limitation if We debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.
Biller Limitation. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Biller designated by you, as set forth in Section 12 of these Bill Pay terms (Prohibited Payments).
Returned Payments. In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to Your Biller, or void the payment and credit Your Eligible Transaction Account. You may receive notification from the Service.
Information Authorization. In addition to Section 21 of these Bill Pay terms (Information Authorization), you agree that the Service reserves the right to obtain financial information regarding Your Account from a Biller or Your financial institution (for example, to resolve payment posting problems or for verification).
Bill Capture. The following Bill Capture terms and conditions in this Section 60 (Bill Capture) only apply to Bill Capture (as defined below). If Bill Capture is not available to you within Our mobile banking application, then this Section 60 (Bill Capture) does not apply.
Your use of Our mobile banking application may include the ability to add bill payment payees by utilizing Your mobile phone to take pictures of Your paper bills ("Bill Capture"). Once you take the picture, Bill Capture extracts and prefills Biller information such as the name, address and account number of the Biller into Our mobile banking app for use with the Service or matches the bill to an existing Biller and prefills the amount due and due date. Bill Capture is subject to the following terms: You shall use Bill Capture only for Your own use in accordance with the terms of this Agreement; We do not guarantee that Your mobile device will be compatible with Bill Capture; and
You bear sole responsibility for confirming that the information captured by Bill Capture matches the information on the applicable bill pay stub, and in no event will We be liable for any results from Your use of extracted data from Bill Capture with the Services, including, without limitation, any late fees for payments sent to an improper Biller or improper account.
Bill Discovery. The following Bill Discovery terms and conditions in this Section 62 (Bill Discovery) only apply to Bill Discovery (as defined below). If Bill Discovery is not available to you from Our Site, then this Section 62 (Bill Discovery) does not apply.
The bill discovery feature ("Bill Discovery") enables the automatic searching, identification, and retrieval of information about Your Billers and bills based on matching information about Your identity. In order to enable Bill Discovery, you will need to authorize the Service to access and use information from Your consumer report from a credit bureau and/or Our Biller network in order for Bill Discovery to identify potential matches. By providing Your consent within the Bill Discovery portion of the Site, you authorize the Service to access and use such information until you withdraw Your consent. You may withdraw Your consent within the Bill Discovery portion of the Site at any time. If Bill Discovery has identified Biller matches, the Service will allow you to add these Billers to Your user profile. New Billers added through Bill Discovery are subject to Section 55 (Bill Delivery and Presentment) of these Bill Pay terms.
Definitions.
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be. "Billing Account" is Your checking Account from which all Service fees will be automatically debited.
"Due Date" is the date reflected on Your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
"Eligible Transaction Account" is as defined in Section 39 of the Bill Pay terms, except that it shall be limited to an Account that you hold with Us, and from which bill payments will be debited.
"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
"Payment Instruction" is as defined in Section 39 of the Bill Pay terms , and is further defined as the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
"Scheduled Payment Date" is the day you want Your Biller to receive Your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS

Description of Service, Authorization and Processing.
The term "Transfer Money Terms" means these Account to Account Transfers Additional Terms. The Account to Account transfer Service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "Service") enables you to transfer funds between Your Account(s) that you maintain with Us on the one hand, and Your Account(s) that are maintained by other financial institutions, on the other hand.
You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) We may act on Your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When We receive a Transfer Instruction from you, you authorize Us to (i) debit Your Eligible Transaction Account and remit funds on Your behalf to the External Account designated by you and to debit Your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit Your Eligible Transaction Account and remit funds on Your behalf from the External Account designated by you and to debit Your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize Us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If We delay or block a Transfer Instruction that you have initiated, We will notify you in accordance with Your user preferences (i.e. email, push notification).
We will use reasonable efforts to make all Your transfers properly. However, We shall incur no liability if We are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of Your overdraft account;
2. The Service is not working properly and you know or have been advised by Us about the malfunction before you execute the transaction;
3. The transfer is refused as described in Section 6 of the Transfer Money Terms below;
4. You have not provided Us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or
5. Circumstances beyond Our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and We have taken reasonable precautions to avoid those circumstances.
It is Your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing Us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but We do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
Transfer Methods and Amounts. Section 14 of the Bill Pay terms above (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and We are attempting to return funds to such Account.
Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Service).
Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Section 5 of these Bill Pay terms. Although We will make a reasonable effort to accommodate Your request, We will have no liability for failing to do so. We may also require you to present Your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
Service Fees and Additional Charges. You are responsible for paying all fees associated with Your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize Us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with Us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Service. Any financial fees associated with Your standard deposit Accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by Your telephone and Internet service provider. Section 17 of the Bill Pay terms above (Failed Or Returned Payment Instructions) applies if you do not pay Our fees and charges for the Service, including without limitation if We debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 17 of the Bill Pay terms above should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, We will notify you promptly if We decide to refuse to transfer funds.
Returned or Failed Transfers. In using the Service, you understand transfers may be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to Your Account that We debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, We may require you to contact Us or the financial institution for Your External Account to initiate a request to receive such funds. You may receive notification from Us.
Definitions
"Account", for purposes of these Transfer Money Terms, means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
"Eligible Transaction Account", for purposes of these Transfer Money Terms, is as defined in Section 39 of the Bill Pay terms, except that it shall be limited to a checking, money market or savings Account that you hold with Us.
"External Account", for purposes of these Transfer Money Terms, is Your account at another financial institution (i) to which you are transferring funds from Your Eligible Transaction Account; or (ii) from which you are transferring funds to Your Eligible Transaction Account.
"Transfer Instruction", for purposes of these Transfer Money Terms, is a specific Payment Instruction (as defined in Section 39 of the Bill Pay terms) that you provide to the Service for a transfer of funds.

EXTERNAL FUNDS TRANSFER TERMS & CONDITIONS

The External Funds Transfer Service (“Service”) allows you to transfer funds between Your linked Accounts at the Bank and certain deposit or investment accounts (checking, savings, or money market accounts) at other financial institutions - assuming, of course, that the transfer is permitted by the financial institution and by law.

Acceptance of Terms: This Agreement sets out the terms and conditions (the "Terms") which Our service provider and the Bank will provide and how you may use the Service. When you click on the "I Agree to accept the terms and conditions" button, you agree to accept the Terms, including any amendments to this Agreement or any changes in the Terms. If you do not agree to all of the Terms, do not accept the Terms & Conditions. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service. the Bank reserves the right to change the Terms under which the Service is offered in its sole discretion at any time; however, the Bank will notify you of any material change to the Terms. In most cases, you will receive the notice online the next time you log in; however, the bank reserves the right to notify you by email or by conventional mail, in its discretion. You agree that if you continue to use the Service after We notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. If you do not agree to the changes, or if at any time you wish to discontinue Your use of the Service, you can unsubscribe by contacting the Bank. Once Your Account with the Bank has terminated for any reason, you will have no further right or access to use the Service. Business Days: The Service will process requests for transfers on business days. Our business days are Monday through Friday. Holidays and Bank Holidays are not included. How the Service Works: The Bank will verify Your other financial institution accounts that you link to the Service. You authorize Us to validate the accounts through the use of a test transfer (known as a trial deposit), in which one or more low value payments will be both credited to and debited from the linked account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of Your Accounts will never be less than the actual balance. Once the test transfer is complete We will ask you to access Your linked account to tell Us the amount of the test credit or debit or any additional information reported by Your bank with this test transfer. We may also verify accounts through requiring the entry of information you ordinarily use to access the account provider's web site, or by requiring you to submit proof of ownership of the account. An “Inbound Transfer” moves funds into an Account at the Bank from an account outside the Bank. An “Outbound Transfer” moves funds from an Account at the Bank to an account outside the Bank. You will need to register each of Your non-South Shore Bank Accounts that you wish to use for these transfers. You agree that you will only attempt to register Accounts for which you have the authority to transfer funds. The Bank will post Inbound Transfers to Your Account on the "Deliver By" date. For Outbound Transfers, Your funds will be debited on the Business Day following the "Send On" date and arrive at Your external financial institution on the "Deliver By" date. Consult Your external financial institution for details on when funds will post to Your account. For transfers into a Bank Account, the funds may not be available until the third Business Day after the "Deliver By" date. For transfers into South Shore Bank Accounts, the funds will become available in accordance with the terms of Your Account Agreement.

Cut-off Time: Standard Transfers: 5:00 p.m. EST

Any transfer made after the cut-off time will be initiated on the next Business Day. Modifying or Cancelling Transfers: Pending transfer instructions can be cancelled or modified until the status changes to "In Process." Instructions cannot be cancelled or modified after cut-off time for the transfer date. Transfer Fees: There is no fee to initiate Inbound Transfers or Outbound Transfers. We may change Our fee schedule at any time. If We make a change, you will be notified in writing as required by applicable law. Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by Us but not yet paid prior to Your cancellation of such service.

Transfer Limits: Generally, transfer limits are set at $1500 daily and $3000 monthly but may change at any time. You may contact the Bank to verify the limits established for you. These daily and monthly dollar limits apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a Business Day counts toward the applicable limit for the next Business Day. A transfer remains "In Process" until fully processed. Standard transfers typically remain "In Process" until the close of the third Business Day after the transfer is initiated. We may at any time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using Our Service. Any decrease will be subject to notice, if required by law, but you agree that We may reduce Your limits without prior notice upon occurrence of a Disqualifying Event.

Disqualifying Events:

• Any of Your Accounts with the Bank are not current or are not in good standing.

• You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Bank Account during the current or three prior calendar months.

• You have had any prior transfer to or from a non -South Shore Bank account canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.

Communications: You understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

• This Agreement and any amendments, modifications or supplements to it.

• Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.

• Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.

• Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.

• Any other communication related to the Service.

Status Email: The Bank will periodically send messages to Your primary email address during the external funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. Primary email address is defined in digital banking and you are responsible for updating the address should it change. Email messages regarding the funds transfer process do not contain any non-public personal information and cannot be suppressed.

Transfers subject to the Rules of the Accounts: All funds transfers are also subject to the rules and regulations governing the relevant Accounts. You authorize Us to select any means to execute Your funds Transfer instructions. You understand that to affect Your funds transfer instruction We utilize the Automated Clearing House (ACH), using applicable ACH Rules. Electronic transfers sent or received via automated clearing house are subject to the rules of the National Automated Clearing House Association ("NACHA") and Regulation E. Our Liability for Failure to Complete Transfers: If We do not complete a transfer to or from Your Account on time or in the correct amount according to Our Agreement with you, We will be liable for Your losses or damages. However, there are some exceptions. We will NOT be liable: (a) if, through no fault of ours, you do not have enough money in Your Account to make the transfer; (b) if circumstances beyond Our control (such as fire or flood) prevent the transfer, despite reasonable precautions that We have taken; (c) if the Bank’s website was not working properly and you knew about the breakdown when you started the funds transfer or (d) for any other reason stated elsewhere in this Agreement. If We are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current annual percentage rate that is otherwise applicable to the Account from which the funds transfer should have occurred. In the event We are ever liable to you for damages due to a transfer, Your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorneys' fees.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

In the Event of Unauthorized Transfer: If you believe Your password or Shared Secret has been lost or stolen, or that someone has transferred or may transfer money from Your Account without Your permission, contact Us using the instructions on Our site. Consumer Liability: You agree to notify Us AT ONCE if you believe Your password has been lost or stolen. Telephoning Us promptly is the best way to protect you from possible losses. If you never tell Us, you could lose all of the money in Your Account (plus Your maximum overdraft line of credit). You can see a complete statement of all Your funds transfers effected or pending at any time by clicking on the History tab. If Your statement shows transfers that you did not make, notify Us AT ONCE. If you do not tell Us within 60 days after the transfer was posted to Your statement, you may not get back any money you lost after the 60 days, if We can prove that We could have stopped someone from taking the money if you had told Us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Us, We will extend the time periods. Indemnification: You agree to indemnify, defend and hold harmless the Bank, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from Your use of the External Funds Transfer Service, Our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, Your violation of the Terms or Your infringement, or infringement by any other user of Your South Shore Bank Account, of any intellectual property or other right of any person or entity. This Agreement shall take effect immediately upon the acceptance of Your application for the External Funds Transfer Service within Online Banking.

ONLINE EXTERNAL LOAN PAYMENT TERMS & CONDITIONS

Thank you for using the Bank’s online external loan payment service. This service allows you to make a payment to Your South Shore Bank loan from Your account held at another financial institution. These terms and conditions (“Terms and Conditions”) describes how the services works and the rules of use. By authorizing a payment(s), you (“You”, “Your”) as the customer and Account holder agree to these Terms and Conditions. Further, each time the online external loan payment service (“Service”) is used, or you allow any other person to use the Service in connection with Your South Shore Bank (“We”, “Us”) Account, you are confirming Your acceptance of the Terms and Conditions, as amended and in effect at that time. The Bank may modify the terms and conditions applicable to the Service from time to time. Customers in good standing who have access to online banking are eligible to use this Service. If you initiate a payment through this service on the last day of your grace period, the payment may not credit before the end of your grace period. We encourage you to consult a member of our Client Information Center at 781.682.3715 when this scenario presents itself.

Service Information

• Your account at the other financial institution will be debited (charged) and funds will be credited to Your South Shore Bank loan.

• Payments will be credited when processed by the other financial institution, which generally takes 2-3 business days. Payments submitted after the cutoff time of 5:00 PM EST, will be submitted for processing the next business day (M-F, excluding holidays).

• Payments scheduled on a weekend or a holiday will be initiated on the next business day.

• Some loan types may not be eligible for this Service. Loans eligible for online payments will be displayed in the drop down menu within the payment scheduling screen, and are subject to change without notice.

• To change or cancel a scheduled payment, submit a cancellation request before 5:00 PM EST on the payment date in the External Loan Payment section in digital banking. If after the cutoff time, please call Our Client Information Center or you may also be able to stop payment by notifying the other financial institution that holds the account from which payment will be debited.

• Dollar limits as well as daily and monthly limits may apply. If you attempt to initiate a payment in excess of these limits, the Service will not allow you to continue.

Your Rights and Responsibilities

• You understand the Bank is relying on the information you provide in Your payment request. If the information is incorrect for any reason, the debit may be returned and the loan payment reversed.

• Notify Us immediately by phone at 781.682.3715 or in person at any branch location during business hours if you suspect Your online banking credentials may have been compromised, any unauthorized or fraudulent items have posted to Your Accounts, or you have any other security concerns regarding Your banking relationship. You agree to provide Us any financial information We reasonably request in the event of unauthorized activity or access.

• If the debit is rejected by the other financial institution for any reason, including insufficient funds, the loan payment will be reversed. This may result in a late payment, late payment fees, and fees at Your other financial institution.

• If a loan payment is reversed or rejected, it is Your responsibility to re-initiate the transaction or make a payment to Your South Shore Bank loan by other means.

Legal Information

• The Bank may post adjustments and/or corrections for a transaction, if necessary.

• While We strive to keep Our systems available at all times, the Service may be temporarily unavailable due to system maintenance or service interruptions from third parties such as Internet service providers, cellular service providers and Internet software. In addition to this Service, payments can be made at any of Our branch locations during business hours or contact Us at 781.682.3715 for more payment options.

• The Bank may cancel, modify or restrict the use of this service at any time without prior notice (ex: for security purposes, NSF items, returned payments, etc.)

• You agree to hold the Bank and the Bank's service providers harmless from any claims, liabilities, attorney's fees, service fees and other costs resulting from use of this Online External Loan Payment service.

• The payment will be processed electronically through the Automated Clearing House (ACH) and must comply with all applicable laws.

By using this Service, you authorize the Bank to electronically debit Your external account to make a payment to Your South Shore Bank loan, as designated in the payment scheduling request. You confirm you have the authority to authorize debits from the designated account at the depository institution you identify, and you understand and agree to the above terms and conditions.

ACH and Wire Transfer Requests

By enrolling in the Service and accessing it using Your User ID and password, and such other security and identification methods as We may require from time to time, such as security questions or one-time passcodes, you acknowledge and agree that this system includes security procedures for transfers initiated through this Service that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which We implement in compliance with these procedures, unless you have given Us prior notice of possible unauthorized use of Your password and We had a reasonable opportunity to act on such notice.

You will need to provide certain identifying information about each non-South Shore Bank account in order to register that account for this Service. For inbound transfers, you agree that you will only attempt to register non-South Shore Bank personal accounts that you own or for which you have the authority to transfer funds.

The Bank cannot guarantee the timely delivery or return of funds as a result of the failure of another financial institution to act in a timely manner.

For each transfer, We will e-mail a confirmation to you at the e-mail address indicated in Our records. The confirmation will note the date and the amount of the transfer and the bank or institution to or from which the transfer was made. You agree to examine the confirmation promptly upon receipt and to notify Us immediately of any discrepancy between the confirmation and Your records. The Bank will not be liable for interest compensation, as otherwise set forth in this Agreement, unless the Bank is notified of the discrepancy within 30 days from the date of Your receipt of the confirmation or Your bank statement including the transfer, whichever is earlier. You acknowledge and agree that if a payment order relating to a transfer describes a beneficiary inconsistently by name and account number, payment might be made by the beneficiary's bank on the basis of the account number, even if it identifies a person different from the named beneficiary, and that Your obligation to pay the transfer issued by you to Us shall not be excused by such payment.

You agree that you will have sufficient available funds in the designated deposit Account to cover all transfers on the date scheduled. If an Account does not have sufficient available funds on the scheduled date, We may elect not to initiate one or more of the transfers. If We do elect to initiate the transfer, which may involve one or more attempts on subsequent business days, it may cause an overdraft in Your Account in which case you shall be liable for the overdraft and any overdraft fees, as set forth in Your Deposit Agreement.

You agree that the Bank may use any means or routes which We in Our sole discretion consider suitable to execute Your transfer. The Bank hereby gives notice that Same-Business-Day domestic transfers may be executed through Fedwire, a funds transfer system operated by the Federal Reserve Banks, through the Automated Clearing House (ACH), a funds transfer system or through SWIFT (Society for Worldwide Interbank Financial Telecommunication). With respect to payment orders relating to the transfer which are executed through Fedwire, Federal Reserve Regulation J and all applicable Federal Reserve operating rules shall govern the payment orders. With respect to payment orders relating to the transfer which are executed through the ACH, the National Automated Clearing House Association (NACHA) Operating Rules shall govern the payment orders. With respect to payment orders relating to the transfer which are executed through SWIFT, the SWIFT operating rules shall govern the payment orders. Three-Business-Day ACH transfers and Next-Business-Day ACH transfers may be made through the Automated Clearing House processor selected by Us or directly to another bank, and you agree will be subject to the National Automated Clearing House Association rules or Our agreement with the other bank, in effect at such time, as applicable.

Future scheduled or recurring transfers scheduled for a weekend or a non-business day will be processed on the prior business day.

Cancelling Transfers

If you direct Us to begin processing a transfer immediately or a transfer's status is In Process or Processed, you no longer have the right to cancel it. The Bank may at its option accept Your cancellations or amendments to a transfer. You acknowledge that if the Bank attempts to cancel or amend a transfer, then the reversal request or amendment must be agreed to by each financial institution which has accepted a payment order related to the transfer at issue before it will be acted upon and you further agree that the Bank shall have no liability if a cancellation or amendment is not completed.

You can cancel future scheduled and recurring domestic transfers prior to midnight EST on the date processing for the transfer is scheduled to be initiated by accessing the Transfers page and selecting To/From my accounts at other banks or To someone else or business This is the preferred method for cancelling transfers. You may also request to cancel a future scheduled or recurring transfer by calling Us at 781.682.3715. .After you cancel a future-dated transfer, the status changes to Canceled.

Liability
The following applies to Same-Business Day Domestic Wire transfers. The liability for Three-Business Day ACH transfers and Next-Business Day ACH transfers involving a transfer to or from a South Shore Bank consumer Account is described below.

If We fail or delay in making a transfer pursuant to Your instructions, or if We make a transfer in an erroneous amount that is less than the amount per Your instructions, unless otherwise required by law or as otherwise provided in this Agreement, Our liability shall be limited to correcting the error. If We make a payment or transfer in an erroneous amount that exceeds the amount per Your instructions, or if We permit an unauthorized payment or transfer after We have had a reasonable time to act on a notice from you of possible unauthorized use, unless otherwise required by law or as otherwise provided in this Agreement, Our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days' interest. If We become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, loss or damage from subsequent wrongful dishonor resulting from Our acts or omissions or lost profits, even if We are advised in advance of the possibility of such damages. We shall not be liable for Your attorney's fees, except as required by law.

You expressly agree that the Bank shall be liable to you only for Our negligent performance or non-performance of the ACH and Wire Transfer services, and that Our responsibility shall be limited to the exercise of reasonable and ordinary care. Unless otherwise required by law, the Bank shall not be liable for any error or delay on the part of any third party or for any other act or omission of any third party, including without limitation third parties used by the Bank in executing any payment order relating to a transfer or performing a related act, and no such third party shall be deemed to be Our agent.

Error Resolution Procedures for Consumer Accounts

In Case of Errors or Questions About Your Electronic Transactions
Call Us at 781.682.3715
You may also write Us at:
South Shore Bank
1530 Main Street
South Weymouth, MA 02190

Contact Us immediately if you think:
- Your statement or transaction record is wrong action record is wrong
- You need more information about a transaction listed on Your statement
- An unauthorized person has discovered Your Online Banking password
- Someone has transferred or may transfer money from Your Account without Your permission
  We must hear from you no later than 60 days after We have sent the FIRST statement on which the problem or error appeared (or 90 days if the problem or error relates to a transfer from an account maintained at another financial institution). Please see below regarding reporting an error involving an unauthorized transaction.
  If you tell Us verbally, We may require you to send Us Your complaint or question in writing or via email within ten (10) business days (Online Banking customers may use secure online mail). When you contact Us, please provide the following information:
- Your name and Account number
- The date and dollar amount of the transaction in question
- The name of the Payee if the transaction in question is a bill payment
- A description of the transaction about which you are unsure
  Please explain as clearly as you can why you believe there is an error or why you need more information.
  We will determine whether an error occurred within 10 business days after We hear from you, and We will promptly correct any error We have made. If We need more time, however, We may take up to 45 days to investigate Your complaint or question. In this case, We will provisionally credit Your Account within 10 business days for the amount you think is in error, so that you have the use of the money during the time it takes Us to complete Our investigation. If We ask you to put Your complaint or question in writing, and We do not receive Your letter in 10 business days, We reserve the right not to provisionally credit Your Account. For errors involving new Accounts, We may take up to 90 days to investigate Your complaint or question and up to 20 business days to provisionally credit Your Account. We will tell you the results within 3 business days after We complete Our investigation. If We conclude there was no error, We will send you a written explanation. You may request copies of the documents that We used in Our investigation.
  
  Limitation of Liability for Online Banking Transactions
  Tell Us at once if you believe Your Online Banking password has been compromised or if someone has transferred or may transfer money from Your Account without Your permission. The best way to minimize Your loss is to call Us immediately. The unauthorized use of Your Online Banking services could cause you to lose all of Your money in Your Accounts.
  You will have no liability for unauthorized transactions if you notify Us within 60 days after the statement showing the transaction has been sent to you. If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period, If We can show that We could have stopped the transaction if you had notified Us in time. If a good reason (such as a long trip or hospital stay) kept you from telling Us, We may extend the time periods.
  If you give Your User ID and password and grant authority to make transfers to a person who exceeds the authority given, you are responsible for all transactions that person performs unless you notify Us that the transfers by that person are no longer authorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
  Note: These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act. Our liability policy regarding unauthorized Online Banking transactions on consumer deposit Accounts may give you more protection, provided you report the transactions promptly. Also, the state law applicable to Your Account may give you more time to report an unauthorized transaction or may give you more protection.
  Our Liability for Failure to Complete Transactions
  If We do not complete a transaction to or from Your Account on time, or in the correct amount according to Our agreement with you, We will be liable for Your losses or damages. However, there are some exceptions. For instance, We will not be liable:
- If, through no fault of ours, you don't have enough available funds in Your Account
- or credit to cover the transaction or transfer
- If Online Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer
- If circumstances beyond Our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken
- If there are postal delays or processing delays by the Payee
- There may be other exceptions not specifically mentioned Disclaimer of Warranties, Limitation of Liability and Indemnification

Disclaimer of Warranties, Limitation of Liability and Indemnification

A. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES. WE AND OUR VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES DESCRIBED OR PROVIDED. NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOR PURPOSES OF THIS AGREEMENT, “VENDOR(S)” MEANS ANY THIRD-PARTY SERVICE PROVIDER, NETWORK OR PARTNER FINANCIAL INSTITUTION WE MAY ENGAGE TO PERFORM FUNCTIONS FOR US UNDER THIS AGREEMENT.

NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE WEB SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.

B. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR FAILURE TO EXECUTE ANY TRANSFER OR PERFORM A RELATED ACT IF SUCH FAILURE IS DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS. FIRE, OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS. OR FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

C. Indemnification

You acknowledge and agree that you are personally responsible for Your conduct while using the Services, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Us, Our Vendors, including Our or their owners, directors, officers, agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of Your use, misuse, errors, or inability to use the Services, or any violation by you of the terms of this Agreement or Your breach of any representation or warranty contained in this Agreement.

Shared Access Agreement

Granting Access to Other People (Shared Access)

As the authenticated primary user of online banking, you have the ability to entitle another person or persons (subusers) with access to Your online banking site and with certain authorities with respect to Your Accounts. Shared Access include view-only access, making transfers between designated Accounts and initiating payments from designated Accounts, granted individually or in combination. You have sole authority and control in sharing access with, managing and disabling subusers and/or their respective authority. You authorize Us to act on transaction instructions initiated under the credentials of an authenticated subuser, just as if it was initiated under Your credentials. When granting Shared Access, you assume total liability for any and all activities of a subuser with respect to Your Accounts, and you agree to hold Us harmless in any claim you make against a subuser for breach of Your agreement with said subuser pursuant to Shared Access.

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GENERAL TERMS AND CONDITIONS