Online Banking Agreement

 

We’ll never ask you for any personal information, or to update confidential information, such as your, Access ID, PIN or social security number via email, text or phone solicitations. We’ll never send you an email or text with links directing you to any sites but https://www.nantucketbank.com and our social media web pages on Facebook, Twitter and Google. Even with those website or social media links, we’ll never ask for any personal or confidential information, nor should you share it.

ONLINE BANKING AGREEMENT:
TERMS AND CONDITIONS FOR ONLINE BANKING

Nantucket Bank, A Division of Blue Hills Bank requires that all persons accessing our online banking service (“Online Banking Service”), bill payment service (“Bill Payment Service”) and electronic statement service (whether accessed through Internet Banking or directly from our website) (“eStatements”) and any customer who uses financial management software, in conjunction with our Online Banking Service or Bill Payment Service, (collectively, “Online Banking Services”), adhere to the following terms and conditions set forth in this agreement (“Agreement”). By requesting or using Online Banking Services or permitting someone else to use them on your behalf, you indicate your acknowledgement and acceptance of these terms and conditions, which are subject to change from time to time.

You should retain a copy of this Agreement for your files. You may also access this Agreement online, and you may print or store a copy from there for your records.

INTRODUCTION

In the terms and conditions that follow, the terms “you” and “your” refers to the person opening, accessing, transacting and/or using Nantucket Bank, A Division of Blue Hills Bank for the services contemplated, and the terms “we,” “us” and “our” will refer to the Nantucket Bank, A Division of Blue Hills Bank and any affiliate, subsidiary, agent, independent contractor, designee, or assignee we may, in our sole discretion, involve in the provision of the electronic services.

CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS

Electronic Delivery of notices: To serve you more efficiently, we will provide to you with your consent and as required by applicable law your disclosures, documents and statements (“notices”) electronically via our website, by e-mail, or by text (rather than by postal mail or in person) for the deposit account, Online Banking Services, e-Statement service or other related electronic service you have selected. The notices include, but are not limited to:

– Deposit account application, instructions, account signature card, deposit account agreement and all related document disclosures required by applicable federal and state law;

– Periodic statements and account notices;

– Change-In-Terms notices;

– Annual Privacy notice;

– Communications about Online Banking Services, e-Statement service or related electronic service, whether available now or in the future;

– Information, instructions and subsequent notices about any additional services that you request subject to this agreement.

Consent is Required: By submitting the application to open an account, our Online Account Services, our e-Statement service or any other electronic service, you affirmatively consent to receive, and acknowledge that you can access, receive and retain, all notices electronically, whether sent by e-mail or other electronic means. You further acknowledge that by accessing the Bank’s website at https://www.nantucketbank.com you satisfy the hardware and software requirements discussed more fully below. If you do not consent to receiving the notices electronically, you cannot open your account(s) or electronic service(s) via our website. You may open your account(s) at any of our branch locations. For a list of our branch locations, visit our website, https://www.nantucketbank.com, or call us at 508-228-0580.

Scope of Consent: Your consent to receive notices and to do business electronically, and our agreement to do so, applies only to the services relating to any deposit or loan account(s) you maintain with us and designate for use with any electronic service, whether existing now or in the future. If any such deposit account is a joint deposit account, you agree that we may consider any notices as being given to all account owners when such notices is given to you in a manner contemplated by this consent.

Withdrawal of Consent: You may withdraw your consent to receive notices electronically by contacting us using the information at the end of this agreement. If you withdraw your consent, your electronic service(s) will be terminated, and you will receive future notices in paper form. Termination of this consent will not affect the legal validity and enforceability of any notices, electronic or otherwise, before the effective date of termination of this content.

Requesting Paper Copies: If you consent to receive the notices electronically, you can also request a paper copy of the notices by contacting us using the information at the end of this agreement. We will not charge you a fee for providing a paper copy of the notices.

System Requirements: To receive an electronic copy of the notices, you must have the following equipment and software:

– A personal computer or other access device which is capable of accessing the Internet (e.g. you must have a modem and available phone line, a cable Internet connection or some other means of access to the Internet), and you must have an active email account with an Internet service provider.

– An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires a current web browser version, such as Microsoft® Internet Explorer and your system must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software meet these requirements.

– Software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader®.

Receiving Electronic Notices: We will send notices to your e-mail or text address you designate, post notices on the Bank’s website or Online Banking Service with appropriate notices to you as permitted by applicable law. We will treat any notices we send to you electronically as if it were sent by U.S. mail, postage prepaid, and will consider any such notices received within three (3) business days of the date sent by us, even if you do not receive the email or access the Bank’s website during that time. You agree to notify us promptly if your mailing address, email address, text information or any other information changes by contacting us using the information at the end of this agreement.

Printing the Notices: To retain a copy of the notices, your system must have the ability to either download or print files. You must have a functioning printer connected to your personal computer or other access device, which is able to print notices on plain white 8 ½ x 11 inch paper.

Communications: To the extent permitted by applicable law, any communication you send to us will not be effective until we receive it and have had a reasonable opportunity to act on it. We recommend that you do not use e-mail or text to communicate confidential information since Internet or wireless transmission may not be secure. We therefore strongly suggest that you report all matters requiring immediate attention (e.g. reports of alleged unauthorized payments, errors or fraud) to us by contacting us using the information at the end of this agreement. We may require you to provide us with written confirmation regarding any such matter. You also agree that we may send you an electronic notice in response to any communication you send to us, regardless of whether your original communication to us was sent electronically.

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ELECTRONIC FUNDS TRANSFER AGREEMENT YOUR RIGHTS AND RESPONSIBILITIES

This Electronic Funds Transfer Agreement, authorized and accepted by you when you opened your account as documented in the Important Account Information for Our Customers disclosure, sets forth your rights and responsibilities with regards to your use of electronic banking transactions, such as preauthorized credits or payments, telephone transfers, Online Banking Service, bill payment services, the use of a the Nantucket Bank, A Division of Blue Hills Bank’s ATM Card and Debit Card and any other electronic transactions. Please read the Electronic Funds Transfer section carefully because it tells you your rights and obligations for electronic transactions.

PERSONAL ACCOUNT FEE SCHEDULE

Please refer to our Fee Schedule for all fees and charges for our electronic banking services. Electronic transactions are subject to overdraft fees, if applicable. In addition to the fees set forth in our Fee Schedule, there may be other fees associated with performing certain transactions not owned or operated by the us. These other fees are not assessed by us and will not be waived.

YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS FOLLOWS MASS LAW STATES YOU CANNOT LOSE MORE THAN $50 IF YOU FAIL TO GIVE US NOTICE OF UNAUTHORIZED USE. NANTUCKET BANK, A DIVISION OF BLUE HILLS BANK ADHERES TO MASS LAW.

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DEFINITIONS. The following definitions apply in this Agreement.

– “Account” means any account that you have with us for personal, family or household use such as checking, savings, money market, consumer loans, residential mortgage loans and/or personal lines of credit.

– “Account Access” means your ability to access account and transaction information for your accounts and transfer funds between eligible accounts through the Online Banking Service.

– “Account Agreement” means the agreements between you and us that governs the use of your account, including the Important Account Information for Our Customers disclosure which includes our funds availability agreement and electronic funds transfer agreement, line of credit agreements, Fee Schedule and any other agreement provided to you as a part of maintaining and using our account(s) and services.

– “Alerts” and “Notifications” are interchangeable terms to indicate a communication that you establish or the Bank transmits on your behalf.

– “Authorized User” refers to a person who is a primary owner or secondary owner (joint owner) of any account.

– “Business Day” means Monday through Friday; Saturdays, Sundays and holidays are excluded.

– “Credentials” refers to the confidential information you use to access your accounts electronically. These secret pieces of information may include an Access ID, Password, Site Key (picture) and phrase and/or secret questions and secret answers.

– “Cut-off time” refers to the time that transactions are effectively dated.

– “Electronic” means electrical, digital, magnetic, wireless, optical, or electromagnetic technology, or any other technology that entails similar capabilities.

– “eStatements” refers to our electronic statement delivery service. There are two unique services: (1) accessing eStatements directly in our Online Banking Service and using Online Banking Service’s credentials; (2) accessing eStatements via a secure Internet website at https://www.nantucketbank.com with unique credentials established by you. Both services are governed by the aforementioned Online Banking Agreement.

– “Mobile Banking Service” and “eMobilesm” refers to the mobile banking service offered through Online Banking. We only endorse access to your Online Banking using a mobile device when you enroll in eMobilesm. eMobilesmand Mobile Banking Services are used intermittently in this agreement to refer solely to the mobile banking service offered through Online Banking.

– “Online Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Online Banking Agreement.

– “Online Account” is the Nantucket Bank, A Division of Blue Hills Bank account from which you will be conducting transactions using the Service.

– “Password” is a series of numbers and/or letters that you select after the initial sign-on, which establishes your connection to the Service.

– “Payee” means a party to which you wish a bill payment to be directed.

– “Payment Instructions” means the information provided by you for a bill payment to be made to your Payee (e.g., Payee name, account number, payment date).

– “Personal Computer” means hardware, such as a desktop computer, your home computer, a personal computer, a public computer, a Macintosh computer, a mobile phone, a netbook or any similar type of device used to access your accounts at the Bank. For your security, we do not recommend that you access our Online Services using a mobile phone or similar device, at this time.

– “Scheduled Payment Date” means the Business Day you designate for your bill payment to be made.

– “Site Key” refers to the personal picture and secret phrase you select as a method of ensuring you are always on our Internet site.

ACCESS METHODS. To access Online Services, e-Statements or any other Internet service, you will need personal computer connected to the Internet with a Bank certified browser that supports 128-bit encryption (for up-to-date lists of certified browsers please contact us). You will need an Access ID and a Password. With our Online Banking Service, you will also have a Site Key, as well as answers to secret questions selected by you to log into our services.

In using our services, you acknowledge that you will be sending financial and other data as well as electronic messages directly to and from the Bank through the Internet and any personal financial software (“PFM”) software that is licensed to you by Intuit® or any licensee. You agree that the Bank is not responsible for any security breaches of your personal computer, including the fraudulent retrieval of Online Banking Services, credentials obtained from viruses on your personal computer, the Internet or PFM software. If you are using a wireless Internet connection, you must have adequate security to prevent unauthorized retrieval of confidential Online Banking Service and/or e-Statement information.

USER CONFIDENTIALITY/SECURITY. The safety of our customers’ accounts and account information is of paramount importance to Nantucket Bank, A Division of Blue Hills Bank. We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same. We identify users by their unique security credentials including Username, Password, answers to secret questions and registered computer identification. All transactions initiated with your security credentials are attributed to you. You agree not to give or make available your security credentials to any other individual, including anyone claiming to represent us. You agree to assume responsibility for all transactions initiated through the Online Banking Service with your Nantucket Bank, A Division of Blue Hills Bank credentials, up to the limits allowed by applicable law. While Nantucket Bank, A Division of Blue Hills Bank continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their credentials are giving up the full benefit of our security measures and legal protections to which they may be entitled. No Nantucket Bank, A Division of Blue Hills Bank representative will ever call and ask for your Access ID or User Password.

You are responsible for keeping your credentials and account data confidential. We are entitled to act on transaction instructions received using your credentials and you agree that the use of your credentials will have the same effect as your signature authorizing the transaction. If you authorize other persons to use your credentials in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing at the address below, that you have revoked the authorization and changed your credentials and you are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have reasonable opportunity to act upon the change of your credentials.

SUBSCRIPTION TO THE SERVICES. You authorize us to use third parties to provide the electronic services to you on our behalf.

YOU MUST HAVE A NANTUCKET BANK, A DIVISION OF BLUE HILLS BANK ACCOUNT. As an initial matter, you must have an account opened and in good standing with us to use our Online Banking Service, e-Statement service or any of our electronic services. You must be clearly authorized to access any account(s) associated with your Online Banking Service. This means that your name conspicuously appears in each associated account’s legal title, indicating your authority to deposit, withdraw, or exercise control over the funds in that are in the account. Authorized account(s) are those used for personal, family, or household purposes. Your Online Banking Service and any associated account will be governed by the agreements, disclosures, and other documents provided to you in connection with the opening of your account, as they may be amended from time to time. All applicable fees noted in the Fee Schedule, and, or this Agreement, shall apply. Governing rules as indicated in the Important Account Information for Our Customers, Fee Schedule and, specifically, Electronic Funds Transfer agreement (located in Important Account Information for Our Customers), apply and may be amended from time to time. If you have any questions about the information in these documents, please contact us via a means located at the end of this Agreement.

ONLINE BANKING SERVICE– FEATURES AND FUNCTIONALITY

  1. Account Access: You may designate accounts for online access or viewing. These include your checking, statement savings, passbook savings, money market, CD, IRA and loan accounts. Your Bill Payment Account(s) may only be linked to checking accounts (personal accounts only, excluding money market checking accounts). When you access your account, you may obtain an account balance and summary information, available funds information, cleared transactions and ATM and POS transactions. The available funds information may include any overdraft protection you may have.
  • Transfer funds from checking, statement savings or money market accounts to another checking statement savings or money market account with us.
  • Make payments to loan accounts with us from your checking, statement savings or money market accounts
  • Get information about your Nantucket Bank, A Division of Blue Hills Bank deposit or loan account for balance, activity and terms of individually linked accounts.
  1. Transfers of Funds: In addition to viewing account information, you may use Online Banking to transfer money (does not apply to passbook savings account). Transfers from statement savings accounts or money market accounts to another account or to third parties by preauthorized, automatic, telephone, facsimile, or computerized transfer are limited to six per monthly statement cycle. Continued transfers/withdrawals exceeding these numbers will result in the permanent restriction of these transfers. (For Retirement money market accounts, you are not allowed any checks or drafts to third parties.)

You may make a one-time Account Transfers or schedule future or recurring Account Transfers. You may use Account Transfer to move funds among your Bank’s checking accounts, statement savings accounts and money market accounts. You may also transfer from your Bank’s checking, statement savings and money market account to make loan payments.

  1. Bill Payment Services (“eBillPay”): eBillPay is a service that allows you to set –up billers to make one-time and recurring bill payments. In addition, if the biller offers the service, you are able to have the bill sent directly to the eBillPay site. This makes paying your bills easier, as you have your bills and payment tools at your fingertips. Please see Addenda A for the complete Terms and Conditions of The Bill Payment Service.
  2. eStatements: When you subscribe to eStatements, you affirmatively consent that you can access, receive, and retain periodic account disclosures, such as monthly statements and change-in-terms notices, regarding any account, whether existing now or in the future, in the formats we may use. You affirmatively consent to the receipt of such disclosures electronically and discontinuance of paper statements, notices and disclosures.
  3. We may send email communications to your email address as recorded to notify you of your statement availability. Regardless of receipt of such a notice, you acknowledge that you are responsible for retrieving your statement on a periodic basis, as you must notify us of any discrepancies within sixty days from your statement date.
  4. You may cancel the service by notifying us. It may take a full statement cycle to complete your request, so we suggest that you do not close your service until you receive a paper statement.
  5. We recommend that you download or print your statements for future reference.
  6. Electronic Alerts (“eAlerts”):We provide automatic and voluntary alerts. We strongly recommend that you do not suppress these alerts as some are intended to provide added security to your service.
  7. Automatic eAlerts are sent to you following certain changes made online to our Online Banking Service, such as a change in your email address or login credentials. You do not need to activate these alerts.
  8. Voluntary eAlerts must be activated by you. eAlerts allow you to choose alert messages for your accounts. Bill Pay Service eAlerts can be established by you. Account balance or payment due date are examples of eAlerts that can be set-up.
  9. Because alerts are not encrypted, we will never include your identifying information such as Access ID or account number. Likewise, we will never ask you to provide this type of information via an email or text. However, eAlerts may include your name and some information about your accounts. Anyone with access to your email or text may be able to view the contents of these alerts.
  10. eAlerts will be sent to the address, email or text, you have provided as your primary address. If your address changes, you are solely responsible for notifying us of that change. We are not responsible for an alert not being delivered if you have not notified us of an address change or given us reasonable time to act on such a request. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We do the best to provide alerts in a timely manner with accurate information. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any eAlert; for any errors in the content of an eAlert or for any actions taken or not taken by you or any third party in reliance of an eAlert.
  11. Stop Payment Instructions:Except for those electronic instructions, which are completed immediately, you may cancel or change a Bill Payment using Online Banking Service, providing that your original instruction has not be acted upon by us. We may not have a reasonable opportunity to act on any stop payment or cancel instruction on or after the Business Day for which the transaction is scheduled to be initiated. Stop payment instructions sent after normal Business hours or on non-Business days will not be executed until the next Business Day or until we have had reasonable time to act on your instruction. In addition, if the item has already been debited from your account, we will not be able to place a stop payment on the account. . Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so if we do not receive your request in a timely manner. Stop payment orders on checks (Bill Pay payments may or may not be a paper check, contact the Bank to determine stop payment eligibility) whether oral, written, or electronic, will be in effect for a period of six months. Electronic Funds Transfer via ACH (Automatic Clearing House) will be in effect until you rescind the stop payment order. You must confirm any oral stop payment order in writing within 14 days after your initial inquiry. If we do not receive your written request, you stop payment will be considered invalid. For check stop payment, after six months, any stop payment order will terminate and must be renewed in order to continue in effect. The Bank may pay any check that is presented following the lapse of any stop payment order.
  12. Cut-off Times: Cut-off times may vary by our Online Banking Service. All cut-off time listed below are in Eastern Standard Time and refer to business days unless otherwise indicated.

Online Banking Account Transfer (transfers occur in real-time; however, for transfers made after the cut-off time and on Sunday may not reflect in your account immediately)

Monday – Friday 7:00 am – 11:00 pm

Saturday 7:00am – 8:00pm

Online Banking Bill Pay Service 10pm

Expedited Payments 4pm

  1. SecureForms: You may use SecureForms to execute specific requests directly to the bank. These forms are secure and your privacy is highly regarded. SecureForms are acted upon as we receive them, throughout our normal banking day. If we receive a SecureFrom after 4pm, we will execute your request on the next banking day. Once we receive a request, we will contact you to verify the information. If your inquiry requires an immediate response, please contact the Bank directly via phone.
  2. SecureMail: When you eMail using the SecureMail service through Online Banking, you are sending a secure message directly to the Bank. The information is encrypted and therefore you are able to send private information, as only authorized Bank personnel can read and respond to your eMail. SecureMail is supported during normal banking hours. Our service commitment to respond to your inquiry is no greater than four hours. If your inquiry requires an immediate response, please contact the Bank directly via phone.
  3. Mobile Banking Service (“eMobilesm”): eMobilesmcan be accessed through the Options tab in Online Banking. You are responsible for the use of this service, not limited to the phones enrolled or your use of the service on your device. See Addendum B.

New Services: You may be notified of new services being introduced for Online Banking from time to time. By using these services when they become available, you agree to be bound by the terms and conditions that will be made available to you concerning these services.

 

INSUFFICIENT FUNDS. If you have instructed us to make a payment for which there are insufficient available funds in your selected account on the date the payment scheduled for payment, the payment may or may not be made. In either instance, you are responsible repayment of funds that may have created a negative account balance as we paid your biller in earnest.

It is your responsibility to contact us to resolve the matter. When your account is blocked, no electronic payments through the Bill Pay Service will be made.

If the matter is resolved to our satisfaction, we may reinstate the service. Once the Bill Pay Service is reactivated, you will have to reschedule payments. We will not be liable for any payments that are not executed due to your selected Bill Payment Service Account having insufficient funds. If a payment is made even though sufficient funds were not available in your Bill Payment Account and we are unable to recover the amount of the payment by debit to the Payee or by charging your Bill Payment Account, you agree to repay the funds owed immediately upon demand. In all cases, you are responsible for making alternate arrangements for the payment or to reschedule the payment through the Bill Payment Service.

For all Online Banking Services, such suspension and/or reinstatement decisions remain our sole discretion.

TERMINATION. Unless otherwise required by applicable law, we may terminate this Agreement for any reason in our sole discretion without prior notice. You also have the right to terminate the services provided under this Agreement by calling or writing to us at the telephone number or address set forth below. If you call, we may require you to put your request in writing and send it to us within ten Business Days after you call. However, termination of this Agreement will be effective the day you call.

Since termination requests take up to 30 days to process, you should cancel all outstanding payment or transfer orders in addition to notifying us of your desire to terminate the service. We will not be liable for payments or transfers not canceled, or payments or transfers made due to lack of proper notification by you of service termination.

If you do not access our Online Banking Service, sign on to the Online Banking Service or have any transaction scheduled through Online Banking Service during any consecutive 90 day period we may cancel your Online Banking Service and require you to reapply through our online registration process. If you do not pay at least one bill during any consecutive 90 day period we may cancel your Bill Payment Service and require you to reapply through our online registration process.

OUR LIABILITY. We will process and complete all Online Banking Services which comply with the terms of this Agreement. If we do not complete such a transaction, we will be liable for any losses or direct damages you may suffer. In no event shall we be liable for any indirect, special, incidental or consequential damages. In addition, we shall incur no liability if we are unable to complete any transaction initiated by you or on your behalf because of the existence of one or more of the following circumstances:

  1. Through no fault of ours, your Account, and any overdraft account if applicable, does not contain sufficient available funds to complete the payment. Transactions are based on available funds in accordance with our Funds Availability schedule found in the document titled Important Information for Our Customers, which you received when you opened your account(s).
  2. Online Banking Services, your communication line, your access device (laptop, personal computer, mobile, tablet, etc), or modem was not functioning properly and you knew about the malfunction or were advised of it by us when you started the transaction.
  3. The Payee mishandles or delays crediting or accounting for a payment properly sent by us.
  4. You did not properly initiate a transaction or provide us with the correct names and account information for those Payees to which you wish to direct payment.
  5. Circumstances beyond our control (such as, but not limited to, fire, power outage, equipment or technical breakdown, delays in the mail delivery, flood, or other outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
  6. You instruct us to make a type of payment, such as tax payment or court-ordered payment.
  7. The funds are subject to legal process or other hold or encumbrance restricting such transfer.
  8. Your subscription to our Online Banking Service, e-Statements, your account(s), your Non-bank Account or PFM service has been terminated for any reason.
  9. For any other failure or error, unless such failure or error was the result of the Bank’s gross negligence.
  10. You knowingly accessed our Online Banking Service or e-Statements without the protection and pro-active use of industry accepted and up-to-date security methods, such as anti-virus software or      firewalls, to safely store and keep your confidential information.
  11. You used unsupported browsers, a mobile phone or unprotected Internet connection, such as wireless Internet access, to view our Online Banking Services or e-Statement.
  12. We have reason to believe that transactions are being transacted with or without your actual knowledge that do not conform to our operating standards.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

LIMITATION OF LIABILITY. Disclaimer of Liability: You are responsible for the correct setup and installation of software required to access the Internet. We are not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet Service Provider providing your connection to the Internet or caused by any browser software. Neither the Bank nor any of the Bank’s service providers are liable for damages (whether direct, indirect, special or consequential or otherwise), including economic, property, personal or other loss or injury, whether caused by hardware or software or system-wide failure, arising out of your use of the Online Banking Service, or from the installation, use or maintenance of the equipments, software or other items necessary to operate the Online Banking Service.

Disclaimer of Warranties:

  1. Warranties of Merchantability and Fitness.NETHER THE BANK NOR ANY SOFTWARE SUPPLIER OR  INFORMATION PROVIDER, MAKES ANY WARANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING THE ONLINE BANKING SERVICE INCLUDING, BUT NOT LIMITED TO, ANY  WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICLUAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPERIETARY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROGHIBTED BY LAW.
  2. Computer Related Warranties.Neither the Bank nor any software supplier or information provider is liable for any computer virus or software related problems which may be attributable to the services provided in connection with the Online Banking Service.

FRAUD PREVENTION

In order to protect yourself against fraud, you need to adhere to the following guidelines:

  1. Do not give out your account information, Access ID(s), Password(s), Site Key (picture) and secret phrase, secret questions, answers to your secret questions, PFM Password, and/or Social Security Number to anyone. Employees will never ask you for your Access ID(s), Password(s), Site Key (picture) and secret phrase, secret questions and/or answers to your secret questions. Our employees do not need this information to assist you.
  2. Do not leave your personal computer unattended while you are using our Online Banking Service or e-Statements. And, when you logoff, make sure to completely close your browser.
  3. Never leave your account information within range of others.
  4. Do not send privileged account information (account number, Access ID, Password, Site Key (picture) and secret phrase, secret questions, answers to secret questions, PFM Password, Social Security Number, etc.) via e-mail or text.
  5. We require that you use and regularly update industry accepted security tools, such as anti-virus software and firewalls, on your personal computer. We will not be liable for any losses due to your negligence from not using updated and regulated anti-virus software, firewalls and the like.
  6. Do not respond to emails with hyperlinks or emails suggesting that they are being sent from Nantucket Bank, A Division of Blue Hills Bank. If there are hyperlinks, open your Internet browser and type in your recognized and secure website, http://nantucketbank.com.
  7. We strongly do not recommend the use of bookmarking websites. Many Internet browsers do not have security protocols that prevent unauthorized access to these bookmarking services. You should always access eStatements or Online Banking via https://www.nantucketbank.com.
  8. Contact us immediately if you are concerned about information you receive from us or have general concerns about the validity of your security.

UNAUTHORIZED USE: Notify us AT ONCE if you believe that your Access ID, Password, Site Key (picture) and secret phrase, secret questions’ answers, or PFM secret Password has been lost, stolen or otherwise compromised. As a preliminary step, you should also immediately change your Password, Site Key (picture) and secret phrase, and/or secret question if you know these have been compromised.

Telephoning is the best way of minimizing your possible losses. If you think your Access ID, Password, Site Key (picture) and secret phrase, secret questions’ answers and/or PFM secret Password has been lost, stolen or used without your permission, contact us immediately using one of the means noted at the end of this Agreement. In addition, if you give your Access ID, Password, Site Key (picture) and secret phrase, secret questions’ answers or PFM secret Password to any other person, you will be deemed to have authorized that person to access any and all accounts noted in Online Banking Services or e-Statements.

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If your monthly financial institution statement contains transfers 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 may extend the period.

ELECTRONIC NOTICE: E-MAIL AND TEXT MESSAGING: To the extent permitted by applicable law, any e-mail or text you send us will not be effective until we receive it and have had a reasonable opportunity to act on it. We therefore strongly suggest that you report all matters requiring immediate attention (for example, reports of alleged unauthorized payments or errors or requests for stop payments) to us by contacting us via a means noted at the end of this Agreement. We may, however, require you to provide us with confirmation of any oral or electronic stop payment request or notice of alleged error. You also agree that we may send you an electronic notice in response to any communication you send to us, regardless of whether your original communication to us was an e-mail or text.

E-mail and text transactions are not secure. Thus, we request that you do not send us or ask for sensitive information such as account numbers, Access IDs, secret Passwords, Social Security Numbers, account information, etc. via e-mail or text.

EQUIPMENT: We are not responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power, Internet service or phone service; (ii) the disconnection of your phone service by your provider or deficiencies in the quality of your phone service; or (iii) any defect or malfunction of your personal computer.

SUSPENSION: In the event of repeated failed payments or transfers; we reserve the right to suspend your subscription to our Online Banking Service. This suspension may be without prior notice to you. If your subscription is suspended, transactions, which were previously recurring and/or scheduled, will be canceled. In the event your subscription is suspended, we will notify you at your last noted address, and all inquires or correspondence relating thereto, including requests for reinstatement, should be directed to the Bank.

AMENDMENTS TO TERMS AND CONDITIONS: We may amend or change this Agreement at any time. If the change adversely affects you, we will give you notice prior to the effective date of the amendment to the extent required by applicable law. Such notification may be by U.S. Mail, e-mail or text to your address, as it appears on our records, and you will be deemed to have received such communication three business days after it is sent.

ADDRESS CHANGES: We may rely on your address, including, without limitation, your e-mail address, as it appears on our records for any and all communications we send to you unless and until you notify us in writing at the address set forth below and we have had a reasonable opportunity to act on such notice.

EVIDENCE: Any documentation provided to you that indicate that an electronic fund transfer was made to another person shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

GOVERNING LAW, LITIGATION: This Agreement has been delivered to us and accepted by us in the Commonwealth of Massachusetts. Any action or suite brought in connection with this Agreement or the transactions contemplated herein may be brought in a court in Suffolk or Norfolk County, Massachusetts, the parties hereto irrevocably submitting and consenting to the non­exclusive jurisdiction of each thereof, and each party irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that the same has been brought in an inconvenient forum. This Agreement is governed by the laws of the Commonwealth of Massachusetts and applicable federal laws. In the event of any conflict between these provisions and any applicable law or regulation, these provisions all be deemed modified to the extent, and only to the extent, required to comply with such law or regulation. IN THE EVENT OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, IN EACH CASE WHETHER NOW OR EXISTING HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE, YOU AND WE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL RIGHTS TO A TRIAL BY JURY AND AGREE THAT YOU OR WE MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE FOREGOING WAIVER.

Nantucket Bank, A Division of Blue Hills Bank
104 Pleasant StNantucket MA  02554

Please note modification to Addenda A: eBillPay, section titled YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS, 2nd sentence “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.”

Modified as follows:YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS FOLLOWS MASSACHUSETTS LAW STATES YOU CANNOT LOSE MORE THAN $50 IF YOU FAIL TO GIVE US NOTICE OF UNAUTHORIZED USE. REFER TO YOUR COMPLETE RESPONSIBLITIES IN THE ABOVE SECTION ‘UNAUTHORIZED USE.’ NANTUCKET BANK, A DIVISION OF BLUE HILLS BANK ADHERES TO MASSACHUSETTS LAW.

Online Banking Agreement Addendums

Addendums for the Terms and Conditions of the Bill Payment Service (eBillPay with Popmoney) and Mobile Banking Terms and Conditions (eMobile) are a part of the Online Banking Agreement.

Member FDIC                                                                                                      Member DIF

Effective 01.14.13

 

 

ADDENDA A: eBillPay with Popmoney

TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

SERVICE DEFINITIONS

“Service” or “The Service” means the bill payment service offered by Nantucket Bank, A Division of Blue Hills Bank, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc .

“Agreement” means these terms and conditions of the bill payment service.

“Customer Service” means the Customer Service department of Nantucket Bank, A Division of Blue Hills Bank. Please see the ERRORS AND QUESTIONS section below for Customer Service contact information.

“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.

“Payment Instruction” is 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).

“Payment Account” is the checking account from which bill payments will be debited.

“Billing Account” is the checking account from which all Service fees will be automatically debited.

“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.

“Scheduled Payment Date” is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

“Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.

PAYMENT SCHEDULING

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application 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.

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 the guidelines described under “Payment Scheduling” in this Agreement.

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 payment system. 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 Payment 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 Payment 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 use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee 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:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. 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;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. 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 Payment Account or causes funds from your Payment 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 Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. 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 Service. Although the Service will make every effort 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.

PROHIBITED PAYMENTS

Payments to Billers outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTMENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:

Information provided to the Biller — The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation — Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data — Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification — The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service 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.

Cancellation of electronic bill notification — The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) — You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill — The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding
the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

EXCLUSIONS OF WARRANTIES

THE 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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 800-877-8021 during Customer Service hours.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you tell us within two (2) Business Days after you discover your password or other means to access your account 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 transfers 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 may extend the period.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

  1. Telephone us at 800-533-9313 during Customer Service hours;
  2. Contact us by using the application’s e-messaging feature; and/or,
  3. Write us at:

Nantucket Bank, A division of Blue Hills Bank

104Pleasant St

Nantucket MA 02554

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

  1. Tell us your name and Service account number;
  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.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, 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 Payment 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 Payment 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. The Service may revoke any provisional credit provided to you if we find an error did not occur.

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 ONLY in the following situations:

  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

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. 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 for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, please contact Customer Service via one of the following:

  1. Telephone us at 800-533-9313 during Customer Service hours; or,
  2. Write us at:

Nantucket Bank, A division of Blue Hills Bank
104 Pleasant St

Nantucket MA 02554

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

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 use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, 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).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, 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.

THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

 

TERMS OF USE (for PopmoneySM Personal Payments Service)

 

  1. This Terms of Use document (hereinafter “Agreement”) is a contract between you and NANTUCKET BANK, A DIVISION OF BLUE HILLS BANK (hereinafter “we” or “us”) in connection with the Popmoney® Personal Payments Service (the “Popmoney Service” or      “Service”) offered through our online banking site or mobile applications (the “Site”) (the “Service”). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.
  2. Description Of Service.The Popmoney Service enables you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars (or in gift card value, if applicable). Although the ACH Network is often used to execute Popmoney Service Payment Instructions for the Popmoney Service, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through www.Popmoney.com (the “Popmoney Website”) and if you choose to initiate or receive a payment at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the “terms of use” for the Popmoney Website and applicable laws and regulations, in each case as in effect from time to time.
  3. Service Providers.We are offering you the 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 Popmoney Service and we are solely responsible to you      and any Sender, Receiver and Requestor to the extent any liability      attaches in connection with the Popmoney 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 bottom of this Agreement.
  4. We may      amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version      will be effective at the time it is posted unless a delayed effective date      is expressly stated in the revision. Any use of the Service after a notice      of change or after the posting of a revised version of this Agreement on      the Site will constitute your agreement to such changes and revised      versions. 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 Services more recent revisions, updates, upgrades or enhancements.
  5. 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      Receivers to whom you send payments).
  6. 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.
  7. 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:
    Nantucket Bank, A Division of Blue Hills Bank

104 Pleasant St
Nantucket MA 02554

We may also be reached at 800-877-8021 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.

  1. 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 7 above. We reserve the right to charge you a      reasonable fee not to exceed twenty (20) dollars 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.
  2. 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 at that number      and/or e-mails from us for our everyday business purposes (including      identify verification). You further consent to receiving text messages      from us at that number, and/or e-mails from us for marketing purposes.      Please review our Privacy Policy for more information.
  3. Receipts      and Transaction History.You may view your Popmoney 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 or periodic statements by mail.
  4. 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.
  5. 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.
  6. 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.
  7. 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:
    1. Payments       to or from persons or entities located in prohibited territories (including       any territory outside of the United States); and
    2. Payments       that violate any law, statute, ordinance or regulation; and
    3. Payments       that violate the Acceptable Use terms in section 15 below; and
    4. 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 or 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
    5. 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 greyhound racing, lottery tickets, other ventures that       facilitate gambling, games of skill (whether or not it is legally defined       as a lottery) and sweepstakes; and
    6. 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,       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 or check cashing, or (6) provide credit repair or       debt settlement services; and
    7. Tax       payments and court ordered payments.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.

 

  1. 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 7 above of any violations of this section or the Agreement      generally.
  2. Payment      Authorization and Payment Remittance.
    1. By       providing us with names and telephone numbers, email addresses, and/or       bank account information of Receivers to whom you wish to direct       payments, you authorize us to follow the Payment Instructions that we       receive through the Service. Once registered, you authorize us to credit       your Eligible Transaction Account for payments remitted to you on behalf       of a Sender without further approval from you.
    2. When we       receive a Payment Instruction from you, you authorize us to debit your       Eligible Transaction Account for the amount of any such Payment       Instruction plus any related fees in effect (and as disclosed on the       Site) at the time you initiate the Payment Instruction, and to remit       funds on your behalf. You acknowledge and agree that any applicable fees       will be charged when we receive a Payment Instruction from you,       regardless of whether the Payment Instruction is ultimately completed.       You also authorize us to credit your Eligible Transaction Account for the       receipt of payments, including but not limited to those payments returned       to us from Receivers to whom you sent payment(s) and those payments that       were cancelled and returned to you because the processing of the Payment       Instruction could not be completed.
    3. You       acknowledge and agree that if your Payment Instructions identify an       account by name and account number, the relevant financial institution       may execute those Payment Instructions by reference to the account number       only, even if such account number does not correspond to the account       name. You further acknowledge and agree that financial institutions       holding the account may choose to not investigate discrepancies between       account names and account numbers and that we have no responsibility to       investigate discrepancies between account names and account numbers.
    4. You agree       that we will not be liable in any way for any payments that you may       receive, regardless of whether you authorized the Sender to send them to       you.
    5. We will       use reasonable efforts to complete all your Payment Instructions       properly. However, we shall incur no liability if we are unable to       complete any transaction because of the existence of any one or more of       the following circumstances:
      1. If,        through no fault of ours, the Eligible Transaction Account does not        contain sufficient funds to complete the Payment Instruction or the        Payment Instruction 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 Payment Instruction;
      3. The        payment is refused as described in Section 20 below;
      4. You have        not provided us with the correct information, including but not limited        to the correct Payment Instructions or Eligible Transaction Account        information, or the correct name and address or mobile phone number of        the Receiver to whom you are initiating a Payment Instruction; 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, or interference        from an outside force) prevent the proper execution of the Payment        Instruction.
    6. It is the       responsibility of the Sender and the Receiver to ensure the accuracy of       any information that they enter into the Service (including but not       limited to the Payment Instructions and name, telephone number and/or       email address for the Receiver to whom you are attempting to send a payment),       and for informing us as soon as possible if they become aware that this       information is inaccurate. We will make a reasonable effort to stop or       recover a payment made to the wrong person or entity once informed, but       we do not guarantee such stoppage or recovery and will bear no       responsibility or liability for damages resulting from incorrect       information entered by the Sender or Receiver.

 

  1. Initiation      of Payment Instructions.You may initiate (a) a one-time Payment Instruction      to a Receiver for which processing shall be initiated immediately, (b) a      one-time Payment Instruction to a Receiver for which processing shall be      initiated at a later specified date up to one (1) year, and (c) a      recurring series of Payment Instructions to a Receiver for which processing      shall be initiated on the specified dates. Further details about each of      these options can be found on the Site.

Payment Instructions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a “Two-Step Transfer”). If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the Payment Instruction and receive the payment.

You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) , or receipt of a gift card, if applicable, may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account or the delivery of a gift card, if applicable.

You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) business days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of section 20, below.

 

  1. Receiving      Payments.If another person wants to initiate a Payment      Instruction (including in response to a Popmoney Request, if applicable)      using the Popmoney Service to an Eligible Transaction Account you hold or,      as applicable, if you as a Requestor want to initiate a Popmoney Request,      he, she or you can do that from the Site or from an Eligible Transaction      Account at a financial institution that participates in the Popmoney      Service or at the Popmoney Website. Or, as applicable, if another person      wants to send you a gift card using the Service, he or she can do that      from an Eligible Transaction Account at a financial institution that      participates in the Service and makes available the purchase of gift cards      through the Service.

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender’s Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender’s initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney Requests, each as applicable, from others through the Service.

You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender’s account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

If applicable, if you as a Requestor initiate a Popmoney Request using the Service you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by the you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.

  1. Payment      Methods and Amounts.There are limits on the amount of money or gift      card value you can send or receive through our Service. Your limits may be      adjusted from time-to-time at our sole discretion. You may log in to the      Site to view your individual transaction limits. We also reserve the right      to select the method in which to remit funds on your behalf, and the      method to return funds to you in the event that your Eligible Transaction      Account is closed or otherwise unavailable to us. These payment methods      may include, but may not be limited to, an electronic or paper check      payment.
  2. Payment      Cancellation, Stop Payment Requests and Refused Payments.Sender      may cancel the initiation of a Payment Instruction or stop a Payment      Instruction at any time until the processing of the Payment Instruction      into the Receiver’s Eligible Transaction Account has begun. Our ability to      stop a Payment Instruction or recover funds associated with an      unauthorized Payment Instruction will depend on the manner in which the      Payment Instruction was initiated, and whether the Payment Instruction to      the Receiver’s Eligible Transaction Account has begun processing. Although      we will make a reasonable effort to accommodate a stop payment request and      to recover funds associated with an unauthorized Payment Instruction, we      will have no liability for failing to do so. We may also require you to      present your stop payment request or request to recover funds in writing      within fourteen (14) days after contacting customer care. The charge for      each stop payment or fund recovery request will be the current charge for      such stop payment or funds recovery service as set out in the applicable      fee schedule or as disclosed through the Site. Payments not claimed by a      Receiver will be automatically cancelled ten (10) days after the      processing of the payment begins. When a Sender initiates a Payment      Instruction, the Receiver is not required to accept the payment. You agree      that you as a Sender will not hold us liable for any damages resulting      from a Receiver’s decision to accept or not to accept a Payment      Instruction initiated or attempted through the Service. We will, to the      extent permitted by law, make reasonable attempts to return any unclaimed,      refused, refunded, prohibited, or denied payment to your Eligible      Transaction Account or use other reasonable efforts to return such payment      to you as permitted by law.
  3. Your      Liability For Unauthorized Transfers.Immediately following your      discovery of an unauthorized Payment Instruction, you shall communicate      with customer care for the Service in the manner set forth in section 7,      above. You acknowledge and agree that time is of the essence 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 may in our sole discretion extend the period.
  4. Mobile      Phone Users.Your phone service provider is not the provider of      the Service. Users of the Service will receive text messages relating to      their Payment Instructions and other notices from time to time if a mobile      phone number is provided. Data and messaging charges from your      telecommunications provider may apply, and you are responsible for any      such charges. In the event your enrolled mobile device is lost or stolen,      you agree to update your enrollment information and make the appropriate      changes to disable the use of such device. You understand that there are      risks associated with using a mobile device, and that in the event of      theft or loss, your confidential information could be compromised. If you      have questions about mobile service, you may send a text message with the      word “HELP” to this number: 767666. To stop receiving text      messages on your mobile phone, text “STOP” to this number:      767666.
  5. 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.
  6. Service      Fees and Additional Charges.You understand and agree that 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. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE      FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS      COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO      OUR FAULT, except for those fees that are specifically use-based, such      as Request Money, if applicable. There may be a charge for additional      transactions and other optional services. You agree to pay such charges      and authorize us to deduct the calculated amount from your designated      Eligible Transaction Account for these amounts and any additional charges      that may be incurred by you. Any financial fees associated with your      standard deposit accounts (or Other Eligible Transaction Accounts) will      continue to apply. You are responsible for any and all telephone access fees      and/or Internet service fees that may be assessed by your telephone and/or      Internet service provider.
  7. Failed Or      Returned Payment Instructions.In using the Service, you are requesting us to      attempt to make payments for you from your Eligible Transaction Account.      If we are unable to complete the Payment Instruction 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 not be completed. In some instances, you will receive a      return notice from us. In each such case, you agree that:
    1. You will       reimburse us immediately upon demand the amount of the Payment       Instruction if we have delivered the payment to the Receiver but there       are insufficient funds in, or insufficient overdraft credits associated       with, your Eligible Transaction Account to allow us to complete the debit       processing;
    2. For any       amount not reimbursed to us within fifteen (15) days of the initial       notification, a late charge equal to one and a half percent (1.5%)       monthly interest or the legal maximum, whichever rate is lower, for any       unpaid amounts may be imposed;
    3. You may       be assessed a fee by our Service Provider and by us if the Payment       Instruction cannot be debited because you have insufficient funds in your       Eligible Transaction Account, or the transaction would exceed the credit       or overdraft protection limit of your Eligible Transaction Account, to       cover the payment, or if we cannot otherwise collect the funds from you;       the fee amount will be as set forth in your fee schedule from us       (including as disclosed on the Site) or your account agreement with us.       You hereby authorize us to deduct these amounts from your designated       Eligible Transaction Account, including by ACH debit;
    4. You will       reimburse us for any fees or costs we incur in attempting to collect any       amounts from you; and
    5. We are       authorized to report the facts concerning the return to any credit       reporting agency.
  8. 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. Changes can be made within the user      interface of the Service or by contacting customer care for the Service as      set forth in section 7 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.
  9. Refused      Payments.We reserve the right to refuse to pay any Receiver.      We will attempt to notify the Sender promptly if we decide to refuse to      pay a Receiver designated by the Sender. This notification is not required      if you attempt to make a prohibited payment under this Agreement.
  10. Returned      Payments.In using the Service, you understand that Receivers      may reject Payment Instructions or otherwise return payments. We will use      reasonable efforts to complete Payment Instructions initiated through the      Service.
  11. Information      Authorization.Your enrollment in the Service may not be fulfilled      if we cannot verify your identity or other necessary information. Through      your enrollment in the Service as a Sender, 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, 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 Services in statistical      form for pattern recognition, modeling, enhancement and improvement,      system analysis and to analyze the performance of the Services.
  12. Service      Termination, Cancellation, or Suspension.If you wish to cancel the      Service, you may contact us as set forth in section 7 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 nor suspension shall affect your liability or      obligations under this Agreement.
  13. 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 7 above.
    2. If you       think your transaction history is incorrect or you need more information       about a transaction listed in the transaction history, we must hear from       you no later than sixty (60) days after the transaction in which the       problem or error appears is first posted in the transaction history. 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 verbally, we may require that you send your complaint in writing       within ten (10) Business Days after your verbal notification. We will       tell you the results of our investigation within ten (10) Business Days       after we hear from you, 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.
  14. Intellectual      Property.“Popmoney” is a trademark of CashEdge      Inc. or its Affiliates. 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.
  15. 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.
  16. 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 7 above. See also section 21 above regarding      how the timeliness of your notice impacts your liability for unauthorized      transfers.
  17. 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 36 are cumulative and are in addition      to the other rights and remedies available to us under this Agreement, by      law or otherwise.
  18. In the      event of a dispute regarding the Service, you and we agree to resolve the      dispute by looking to this Agreement.
  19.      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 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.
  20. 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 37 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 37 of this Agreement. 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.
  21. 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 attorneys      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 Service.
  22. 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 Service. In addition, 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.
  23. 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.
  24. 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.
  25. 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 37 AND 38 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.
  26. 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      Services and the portion of the Site through which the Services are      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 hereof are for convenience only and shall not control or affect      the meaning or construction of any of the provisions of this Agreement.      Sections 3, 6-9, 12, 23, 25, 32 and 35-44, 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.
    1. “ACH       Network” means the funds transfer system, governed by the NACHA       Rules, that provides funds transfer services to participating financial       institutions.
    2. “Affiliates”       are companies related by common ownership or control.
    3. “Business       Day” is every Monday through Friday, excluding Federal Reserve       holidays or other days that banks are legally closed
    4. “Eligible       Transaction Account” is a transaction account from which your       payments will be debited, your Popmoney Services fees will be       automatically debited, or to which payments and credits to you will be       credited. 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.
    5. “Payment       Instruction” is the information provided by the Sender to the       Popmoney Service for a payment to be made to a Receiver (such as, but not       limited to, name, mobile telephone number, email address, and bank       account and routing number information).
    6. “Payment       Network” means a debit or credit network (such as the ACH Network or       ACCEL / Exchange payment network) through which funds may be transferred.
    7. “Popmoney       Request” means functionality that, if provided to you, allows a       Requestor to request that another individual initiate a Payment       Instruction to the Requestor through the Popmoney Service.
    8. “Receiver”       is a person or business entity that is sent a Payment Instruction through       the Service.
    9. “Requestor”       is a person that requests an individual to initiate a Payment Instruction       through the Popmoney Service.
    10. “Sender”       is a person or business entity that sends a Payment Instruction through       the Service.
    11. “Service       Provider” means companies that we have engaged (and their       Affiliates) to render some or all of the Service to you on our behalf.
  27. Waiver of      Jury Trial.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 or any intended third party      beneficiary arising under or relating to this Agreement.
  28. Waiver of      Class Action Claims.Both parties agree to waive any right to assert any      dispute or claim against the other party or any intended third party      beneficiary arising under or relating to this Agreement as a class action.
  29. Both      parties agree to resolve any dispute or claim between the parties or any      of their respective Affiliates or any Service Provider or other intended      third party beneficiary arising under or relating to this Agreement      through binding arbitration. Both parties stipulate and agree that this      Agreement evidences a transaction in interstate commerce, and that the      Federal Arbitration Act applies. The arbitration award shall be final and      binding and judgment thereon may be entered by any court of competent jurisdiction.      The only exceptions to this arbitration agreement are as follows: a. We      and you expressly agree that under no circumstances shall any dispute or      claim arising under or relating to this Agreement be subject to      arbitration on a classwide or collective basis. Only the disputes or      claims of individual parties may be arbitrated. b. We or you may, at the      option of the claiming party, pursue any claim in small claims court      instead of arbitration, provided that the claim must not exceed $5,000 or      the jurisdictional limit of the small claims court, whichever is less; and      the small claims court must otherwise have jurisdiction of the claim and      the parties.
  30. Arbitration      Procedure.You or we may commence arbitration, at the claiming      party’s election, administered either by JAMS (formerly known as      “Judicial Arbitration and Mediation Services”), or the American      Arbitration Association (“AAA”). The arbitration shall take      place before a single arbitrator, selected pursuant to the selection procedures      in the applicable commercial or consumer arbitration rules of the      administrator (JAMS or AAA). The JAMS or AAA rules, shall apply subject      only to the following exceptions and modifications. a. You may, if you      wish, commence arbitration pursuant either to (i) the AAA Consumer      Arbitration Procedures, or (ii) the JAMS “minimum standards” for      consumer arbitration. In all such consumer arbitrations we will pay the      balance of the applicable arbitration administrative fee to the extent      required by the JAMS or AAA procedures or standards you have chosen. b.      You or we (whoever is the party commencing the arbitration) may elect to      resolve the dispute in a cost effective manner through binding      non-appearance-based arbitration. If the claiming party selects      non-appearance-based arbitration, the parties agree that the following      rules shall apply: (i) the arbitration may be conducted telephonically,      and/or online, or be based solely on written submissions, at the election      of the party commencing the arbitration; (ii) the arbitration shall not      require any travel or personal appearance by the parties or witnesses      unless otherwise mutually agreed by the parties; and (iii) discovery shall      not be permitted. c. When we or you (whoever is the party commencing      arbitration) do not select non-appearance-based procedures, the parties      agree that there shall be no discovery except whatever discovery the      arbitrator determines is necessary for fair resolution of the claim or      dispute. d. Neither we nor you shall seek any award of attorney’s fees,      including an award of fees from any Service Provider or other intended      third party beneficiary of this Agreement, in any arbitration claim      arising under or relating to this Agreement, except that the arbitrator      may award attorney’s fees when (and only to the extent that) the      applicable law requires an award of attorney’s fees to the prevailing      party.
  31. Arbitrability      Issues to Be Decided By Arbitrator.The Arbitrator, and not any      federal, state, or local court or agency, shall have exclusive authority      to resolve any dispute relating to the interpretation, applicability,      enforceability or formation of this Agreement including, but not limited      to any claim that all or any part of this Agreement is void or voidable.
  32. Law and      Forum for Disputes.This Agreement shall be governed by and construed      in accordance with the laws of the State of Georgia, 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. You agree that any      claim or dispute you may have against us (other than those which are      arbitrated under section 31 above) must be resolved by a court located in      Gwinnett County, Georgia. You agree to submit to the personal jurisdiction      of such courts for the purpose of litigating all such claims or disputes.      The United Nations Convention on Contracts for the International Sale of      Goods shall not apply to this Agreement.
  33. You agree      to defend, indemnify and hold harmless us and our Affiliates and Service      Providers and the officers, directors, agents, employees, representatives,      and contractors of each of these, from any loss, damage, claim or demand      (including attorneys 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 Service.
  34. If you      have a dispute with one or more other users of the Site or the Service,      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 such disputes. In addition, you waive and      release any and all provisions, rights and benefits conferred either (i)      by ? 1542 of the California Civil Code, which reads: “Section 1542.      General release; extent. 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 known by him must have materially affected      his settlement with the debtor;” or (ii) by any law of any state or      territory of the United States, or principle of common law, which is      similar, comparable or equivalent to ? 1542 of the California Civil Code.
  35. No Waiver.We shall      not be deemed to have waived any of our 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.
  36. Intellectual      Property.All 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, shall also be deemed our 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 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.
  37. 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.
  38. 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, whether intentionally or inadvertently. 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 27 above.      See also section 16 above regarding how the timeliness of your notice      impacts your liability for unauthorized transfers.
  39. 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.
  40. Limitation      of Liability.YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME,      THE SERVICE OR SITE 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 OR OTHER REASONS. IN NO      EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS,      DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES,      AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL,      INCIDENTAL, CONSEQUENTIAL, 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND      CONTRACTORS OF EACH 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 31, 32 AND      33 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. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES      AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,      REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD      PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND      THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND 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. THE FOREGOING SHALL CONSTITUTE YOUR      EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND      SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,      REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE      PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
  41. Complete      Agreement, Severability, Captions, and Survival.This Agreement sets forth the      entire understanding between us and you with respect to the Services and      the portion of the Site through which the Services are offered. 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 hereof are for convenience only and shall not      control or affect the meaning or construction of any of the provisions of      this Agreement. Sections 6, 7, 26, 28-37, and 40-43, as well as any other      terms which by their nature should survive, will survive the termination      of this Agreement.

“Account” means a checking, money market or savings account.

“Affiliates” mean companies related by common ownership or control.

“Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

“Recipient Account” is the account to which your funds will be credited.

“Sender” means the Transaction Account holder initiating a transfer through the Service.

“Service Provider” means companies that we have engaged to render some or all of the Service to you on our behalf.

“Site” means the online banking website through which the Service is offered.

“Transaction Account” is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.

“Transfer Instruction” is the information provided by you to the Service for a transfer of funds to a Recipient Account.

TERMS OF USE Account-to-Account (“A2A”)SM Transfer Service –

 

  1. This      Terms of Use document (hereinafter “Agreement”) is a contract      between Nantucket Bank, A Division of Blue Hills Bank (hereinafter      “we” or “us”) and you (hereinafter “you”) in      connection with the A2A Transfer Service (the “Service”) offered      through our online banking site (the “Site”). This Agreement      applies to your use of the Service and the portion of the Site through      which the Service is offered. By accessing the Service, you acknowledge      that you have read and agree to this Agreement. Please read this Agreement      carefully. This Agreement outlines the legally binding terms and      conditions for your use of the Service.
  2. Service      Providers.We are offering you the Service through one or more      “Service Providers” that we have engaged to render some or all      of the Service to you on our behalf. 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 intended 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      terms are defined in a “Definitions” section at the end of this      Agreement.
  3. We may      amend this Agreement and any applicable fees and charges for the Service      at any time by posting a revised version on the Site. The revised version      will be effective at the time it is posted unless a delayed effective date      is expressly stated in the revision. Any use of the Service after a notice      of change will constitute your agreement to such changes. Further, we may,      from time to time, revise or update 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      and updates. We also reserve the right to terminate the Service in its      entirety.
  4. 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 guarantee the identity of any user of the      Service (including but not limited to Accounts to which you send      payments).
  5. 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.
  6. 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, or by mailing it to any postal address that you      have provided us. For example, users of the Service may receive certain      notices (such as notice and receipt of transfers) as text messages on      their mobile device. 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 27      below. We reserve the right to charge you a reasonable fee not to exceed      twenty (20) dollars to respond to each such request. We reserve the right      to close your account if you withdraw your consent to receive electronic      communications.
  7. Calls to      You.By      providing us with a telephone number (including a mobile number), you      consent to receiving autodialed and prerecorded message calls from us at      that number for non-marketing purposes. For example, we or our Service Provider      may contact you in connection with validating or processing a transaction      that you’ve requested through the Service.
  8. Receipts      and Transaction History.You may view at least six months of your      transaction history with the applicable Service Provider by logging into      your account and looking at your account transaction history. You agree to      review your transactions by this method instead of receiving receipts by      mail.
  9. 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.
  10. 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.
  11. Acceptable      Use.You may      use the Service to transfer funds as described in section 12 below. 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. In addition, you are      prohibited from using the Service for activities that: (a) violate any      law, statute, ordinance or regulation; (b) payments related to illegal      gambling, illegal gaming and/or any other illegal activity with an entry      fee or a prize, including, but not limited to casino games, sports      betting, horse or greyhound racing, lottery tickets, other ventures that      facilitate gambling, games of skill and sweepstakes (c) violate any      property or proprietary right of any third party, including any copyright,      trademark, or right of publicity or privacy under the laws of any      jurisdiction; (d) impose an unreasonable or disproportionately large load      on our infrastructure; (e) 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; (f) 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; (g) 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 (h) 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 27 below of any      violations of this section or this Agreement generally. In no event shall      we or our Service Providers be liable for any claims or damages resulting      from or related to your violation of the acceptable uses of the Service or      this Agreement. We and our Service Providers reserve the right to monitor      and remove any comments you post or submit through the Service.
  12. Transfer      Authorization and Processing.(a) The Service enables you to transfer funds: (i)      between your Accounts that you maintain with us; and (ii) 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 the sole owner (and not a joint      tenant) of the Transaction Account and the Recipient Account and that you      have all necessary legal right, power and authority to transfer funds from      the Transaction Account to the Recipient Account. Further, you represent      and warrant that the Recipient Account is located in the United States.
    (b) When we receive a Transfer Instruction from you, you authorize us to      debit your Transaction Account and remit funds on your behalf to the      Recipient Account designated by you and to debit one of your Accounts as      described below in Section 18 (Service Fees and Additional Charges). You      also authorize us to reverse a transfer from your Recipient Account if the      debit is returned from the Transaction Account for any reason, including      but not limited to nonsufficient funds. (c) 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 Transaction 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 14 below;
    4. You as a       Sender have not provided us with the correct information, including but       not limited to the correct Transaction Account or Recipient 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. (d) 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 Recipient 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.
  13. Transfer      Methods and Amounts.We may, at our sole discretion, impose limits on      the amount of money you can transfer through our Service. We also reserve      the right to select the method in which to transfer funds on your behalf,      and the method to return funds to you in the event that the Recipient      Account is closed or otherwise unavailable to us.
  14. Transfer      Cancellation Requests and Refused Transfers.You may cancel a transfer at any      time until it begins processing (as shown in the Service). We will, to the      extent permitted by law, make reasonable attempts to return any unclaimed,      refused, refunded, prohibited, or denied transfer to your Transaction      Account. If this is unsuccessful (for example, the Transaction Account has      been closed) we will make reasonable attempts to mail you a paper check.      If after ninety (90) days (or longer, depending on our then-current      standard for unclaimed checks) that check has not been cashed, we will      stop payment on it and transfer funds to an “unclaimed funds”      account, and will subsequently handle the unclaimed funds as required or      otherwise permitted by applicable law.
  15. Stop      Payment Requests.If you as a Sender desire to stop any transfer that      has already been processed, you must contact customer care for the Service      pursuant to section 27. 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.
  16. Your      Liability For Unauthorized Transfers.If you tell us within two (2)      Business Days after you discover your password or other means to access      your Account has been lost or stolen, your liability is no more than      $50.00 should someone access your Account through the Service 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 transfers 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 may in our sole discretion extend      the period.
  17. It is      your responsibility to determine what, if any, taxes apply to transfers      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 transfers, or for      collecting, reporting or remitting any taxes arising from any transfer.
  18. Service      Fees and Additional Charges.Applicable fees will be disclosed in the user      interface for the Service. Any applicable fees will be charged regardless      of whether the Service was used, except for fees that are specifically      use-based. There may be a charge for additional transactions and other      optional services. You agree to pay such charges and authorize us to      deduct the calculated amount from the applicable Account you hold with us,      whether a Transaction Account or Recipient Account, for these amountsand      any additional charges that may be incurred by you. If we hold both the      Transaction Account and the Recipient Account, then you authorize us to      deduct such amounts and charges from the Transaction 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/or Internet service fees that may be assessed by your telephone and/or      Internet service provider.
  19. Failed Or      Returned Transfers.In using the Service, you are requesting us to make      transfers for you from your Transaction Account. If we are unable to      complete the transfer for any reason associated with your Transaction      Account (for example, there are insufficient funds in your Transaction      Account to cover the transaction), the transfer may not be completed. In      some instances, you will receive a return notice from us. In each such      case, you agree that: (a) You will reimburse us immediately upon demand      the transfer amount that has been returned to us; (b) For any amount not      reimbursed to us within fifteen (15) days of the initial notification, a      late charge equal to one and a half percent (1.5%) monthly interest or the      legal maximum, whichever rate is lower, for any unpaid amounts may be      imposed; (c) You may be assessed a fee by our Service Provider and by us      if the transfer is returned because you have insufficient funds in your      Transaction Account to cover the requested transfer or if we cannot      otherwise collect the funds from you; the fee amount will be as set forth      in your fee schedule from us or your Account agreement with us. You hereby      authorize us to deduct these amounts from your designated Transaction      Account by ACH debit; (d) You will reimburse us and our Service Provider      for any fees or costs we or they incur in attempting to collect the amount      of the return from you; and, (e) We and our Service Provider are      authorized to report the facts concerning the return to any credit      reporting agency.
  20. 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, address, phone      numbers and email addresses. Changes can be made either within the      application or by contacting customer care for the Service. Any changes in      your Transaction Account or Recipient Account should also be made in      accordance with the procedures outlined within the Service’s help files.      All changes made are effective immediately. We are not responsible for any      transfer processing errors or fees incurred if you do not provide accurate      Transaction Account, Recipient Account, or contact information.
  21. Refused      Transfers.We reserve the right to refuse any transfer to a      Recipient Account. We will notify you promptly if we decide to refuse to      transfer funds to a Recipient Account. This notification is not required      if you attempt to make a prohibited transfer under this Agreement.
  22. Returned      Transfers.In using the Service, you understand transfers may      be returned for various reasons such as, but not limited to, Recipient      Account number is not valid. We will use reasonable efforts to research      and correct the transfer to the intended Recipient Account or void the      transfer and credit your Transaction Account. You may receive notification      from us.
  23. Information      Authorization.Your enrollment in the Service may not be fulfilled      if we cannot verify your identity or other necessary information. Through      your enrollment in the Service, you agree that we and our Service      Providers reserve the right to request a review of your credit rating at      our own expense through an authorized bureau.
  24. Service Cancellation by You.In the      event you wish to cancel the Service, you may telephone us at 800-877-8021      during customer care hours; and/or write us at
    Nantucket Bank, A division of Blue Hills Bank
    104Pleasant St

Nantucket MA 02554
Any transfer(s) we have already processed before the requested cancellation date will be completed by us.

  1. Service      Cancellation, Termination, or Suspension by Us, and Other Remedies for      Breach.If we      have reason to believe that you have engaged in any of the prohibited      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 and at any time. Neither termination nor      suspension shall affect your liability or obligations under this      Agreement.
  2. In the      event of a dispute regarding the Service, you and we agree to resolve the      dispute by looking to this Agreement. You and we agree that this Agreement      is the complete and exclusive statement of the agreement between us and      you, which supersedes any proposal or prior agreement, oral or written,      and any other communications between us and you relating to the subject      matter 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      this Agreement will prevail.
  3. Errors, Questions, and Complaints.(a)      Except as otherwise stated in this Agreement, notice to us concerning the      Site or the Service must be sent by postal mail to:
    Nantucket Bank, A Division of Blue Hills Bank
    104Pleasant St
    Nantucket MA 02554

In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 800-877-8021 during customer care hours, provided such telephone calls will not constitute legal notices under this Agreement; and/or write us at:

Nantucket Bank, A division of Blue Hills Bank
104 Pleasant St
Nantucket MA 02554

(b) If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. In the notice, 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. (c) If you notify us orally, we       may require that you send your complaint in writing within ten (10)       Business Days after your oral notification. We will tell you the results       of our investigation within ten (10) Business Days after we hear from       you, 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 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 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.
  1. Waiver of      Jury Trial.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 or any intended third party      beneficiary arising under or relating to this Agreement.
  2. Waiver of      Class Action Claims.Both parties agree to waive any right to assert any      dispute or claim against the other party or any intended third party      beneficiary arising under or relating to this Agreement as a class action.
  3. Both      parties agree to resolve any dispute or claim between the parties or any      of their respective Affiliates or any Service Provider or other intended      third party beneficiary arising under or relating to this Agreement      through binding arbitration. Both parties stipulate and agree that this      Agreement evidences a transaction in interstate commerce, and that the      Federal Arbitration Act applies. The arbitration award shall be final and      binding and judgment thereon may be entered by any court of competent      jurisdiction. The only exceptions to this arbitration agreement are as      follows: a. We and you expressly agree that under no circumstances shall      any dispute or claim arising under or relating to this Agreement be      subject to arbitration on a classwide or collective basis. Only the disputes      or claims of individual parties may be arbitrated. b. We or you may, at      the option of the claiming party, pursue any claim in small claims court      instead of arbitration, provided that the claim must not exceed $5,000 or      the jurisdictional limit of the small claims court, whichever is less; and      the small claims court must otherwise have jurisdiction of the claim and      the parties.
  4. Arbitration      Procedure.You or we may commence arbitration, at the claiming      party’s election, administered either by JAMS (formerly known as      “Judicial Arbitration and Mediation Services”), or the American      Arbitration Association (“AAA”). The arbitration shall take      place before a single arbitrator, selected pursuant to the selection      procedures in the applicable commercial or consumer arbitration rules of      the administrator (JAMS or AAA). The JAMS or AAA rules, shall apply      subject only to the following exceptions and modifications. a. You may, if      you wish, commence arbitration pursuant either to (i) the AAA Consumer      Arbitration Procedures, or (ii) the JAMS “minimum standards” for      consumer arbitration. In all such consumer arbitrations we will pay the      balance of the applicable arbitration administrative fee to the extent      required by the JAMS or AAA procedures or standards you have chosen. b.      You or we (whoever is the party commencing the arbitration) may elect to      resolve the dispute in a cost effective manner through binding non-appearance-based      arbitration. If the claiming party selects non-appearance-based      arbitration, the parties agree that the following rules shall apply: (i)      the arbitration may be conducted telephonically, and/or online, or be      based solely on written submissions, at the election of the party      commencing the arbitration; (ii) the arbitration shall not require any      travel or personal appearance by the parties or witnesses unless otherwise      mutually agreed by the parties; and (iii) discovery shall not be      permitted. c. When we or you (whoever is the party commencing arbitration)      do not select non-appearance-based procedures, the parties agree that      there shall be no discovery except whatever discovery the arbitrator      determines is necessary for fair resolution of the claim or dispute. d.      Neither we nor you shall seek any award of attorney’s fees, including an      award of fees from any Service Provider or other intended third party      beneficiary of this Agreement, in any arbitration claim arising under or      relating to this Agreement, except that the arbitrator may award      attorney’s fees when (and only to the extent that) the applicable law      requires an award of attorney’s fees to the prevailing party.
  5. Arbitrability      Issues to Be Decided By Arbitrator.The Arbitrator, and not any      federal, state, or local court or agency, shall have exclusive authority      to resolve any dispute relating to the interpretation, applicability,      enforceability or formation of this Agreement including, but not limited      to any claim that all or any part of this Agreement is void or voidable.
  6. Law and      Forum for Disputes.This Agreement shall be governed by and construed      in accordance with the laws of the State of Georgia, 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. You agree that any      claim or dispute you may have against us (other than those which are      arbitrated under section 31 above) must be resolved by a court located in      Gwinnett County, Georgia. You agree to submit to the personal jurisdiction      of such courts for the purpose of litigating all such claims or disputes.      The United Nations Convention on Contracts for the International Sale of      Goods shall not apply to this Agreement.
  7. You agree      to defend, indemnify and hold harmless us and our Affiliates and Service      Providers and the officers, directors, agents, employees, representatives,      and contractors of each of these, from any loss, damage, claim or demand      (including attorneys 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 Service.
  8. If you      have a dispute with one or more other users of the Site or the Service,      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 such disputes. In addition, you waive and      release any and all provisions, rights and benefits conferred either (i)      by ? 1542 of the California Civil Code, which reads: “Section 1542.      General release; extent. 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 known by him must have materially affected      his settlement with the debtor;” or (ii) by any law of any state or      territory of the United States, or principle of common law, which is      similar, comparable or equivalent to ? 1542 of the California Civil Code.
  9. No Waiver.We shall      not be deemed to have waived any of our 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.
  10. Intellectual      Property.All 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, shall also be deemed our 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 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.
  11. 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.
  12. 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, whether intentionally or inadvertently. 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 27 above.      See also section 16 above regarding how the timeliness of your notice      impacts your liability for unauthorized transfers.
  13. 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.
  14. Limitation      of Liability.YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME,      THE SERVICE OR SITE 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 OR OTHER REASONS. IN NO EVENT SHALL      WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS,      AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND      CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL,      INCIDENTAL, CONSEQUENTIAL, 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES,      AND CONTRACTORS OF EACH 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 31, 32 AND      33 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. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES      AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,      REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD      PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND      THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND 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. THE FOREGOING SHALL CONSTITUTE YOUR      EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND      SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,      REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE      PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
  15. Complete      Agreement, Severability, Captions, and Survival.This Agreement sets forth the      entire understanding between us and you with respect to the Services and      the portion of the Site through which the Services are offered. 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 hereof are for convenience only and shall not      control or affect the meaning or construction of any of the provisions of      this Agreement. Sections 6, 7, 26, 28-37, and 40-43, as well as any other      terms which by their nature should survive, will survive the termination      of this Agreement.

“Account” means a checking, money market or savings account.

“Affiliates” mean companies related by common ownership or control.

“Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

“Recipient Account” is the account to which your funds will be credited.

“Sender” means the Transaction Account holder initiating a transfer through the Service.

“Service Provider” means companies that we have engaged to render some or all of the Service to you on our behalf.

“Site” means the online banking website through which the Service is offered.

“Transaction Account” is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.

“Transfer Instruction” is the information provided by you to the Service for a transfer of funds to a Recipient Account.

ADDENDA B: Mobile Banking – Terms and Conditions for Mobile Banking

Thank you for using the Mobile Banking Services (“Services”) and any related Software (“Software”) provided by Nantucket Bank, A Division of Blue Hills Bank (“Financial Institution”) combined with your handheld’s text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.

Terms and Conditions:

  1. Program: Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS). Enrollment requires identification of the user’s banking relationship with Financial Institution 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. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.
  2. Questions: You can contact us at cs@nantucketbank.comor 800-533-9313, or send a text message with the word “HELP” to this number: 48179.We can answer any questions you have about the program.
  3. 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: 25215. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
  4. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider

Privacy and User Information. You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Financial Institution 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 the Services 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 Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and 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 the Services and 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 the Services and 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 Financial Institution (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 Financial Institution or any third-party service provider involved in the provision of the Services; or (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 Financial Institution, any third-party service provider involved in providing the Services, 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: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

Use of Google Maps. You agree to abide by (1) the Google terms and conditions of use found athttp://maps.google.com/help/terms_maps.htmland (2) the Google Legal Notices found athttp://www.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.

Messaging and Data Charges: By participating in the Services or using the Software you agree that the Services or Software may require the use of your mobile device’s data and text messaging capabilities and that standard data and text messaging charges apply in accordance with your Service Agreement with your Mobile Service Provider. You agree that Nantucket Bank, A Division of Blue Hills Bank is not responsible for any charges you may incur while using the Services and Software provided as part of this agreement.

“Smartphones” and Other Web Enabled Devices: You acknowledge that Smartphones and other Web Enabled Devices are subject to the same security risks as computers that are attached to the internet and agree that it is exclusively your responsibility to maintain the most up to date and comprehensive anti-virus and anti-spyware programs on such devices. You agree to hold Nantucket Bank, A Division of Blue Hills Bank harmless for any and all security risks associated with the use of your device and this service.

Addendum

Mobile Banking is provided for your convenience and does not replace your monthly account statement(s), which are the official record of your account(s). The information contained within Mobile Banking and any related software is for informational purposes only. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through Mobile Banking may be delayed or impacted by factor(s) pertaining to your internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through Mobile Banking. Additionally, not all of the products, services or functionality described on the online banking site(s) or your online banking agreement are available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service or functionality at any time. We may discontinue access for 180 days of inactivity or without notice as part of the regular course of business. We will do our best to notify you as soon as possible of the discontinuance.

Information available via Mobile Banking, including balance, transfer and payment information may differ from the information that is available directly through the Online Banking site without the use of a mobile device. Information available directly through online banking without the use of a mobile device may not be available via Mobile Banking, may be described using different terminology (including capitalized terms used in the Agreement or on our online banking site(s), or may be more current than the information available via Mobile Banking, including but not limited to account balance information. The method of entering instructions via Mobile Banking may also differ from the method of entering instructions directly through the Online Banking without the use of a mobile device. Processing of payment and transfer instructions may take longer through Mobile Banking. We are not responsible for such differences including but not limited to delays, whether or not attributable to your use of the Mobile Banking.

Additionally, you agree that neither we nor our service providers will be liable for any errors in the content of information obtained or transmitted through Mobile Banking, or for any actions taken in reliance thereon (including, but not limited to, the type of alerts and other preferences selected by you). You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of any agreement between you and your communication service provider or the provider of any other mobile application. Any losses or charges incurred through loss of mobile device or the safeguarding or failure to safeguard passwords will remain your full responsibility.

The Bank reserves the right to change these Terms and Conditions at any time. When material changes are made, we will notify you. You are solely responsible for providing updated addresses as necessary. Revised Terms and Conditions shall become effective at the earliest date allowed by applicable law or regulation. In the event of any conflict between the Mobile Banking Terms and Conditions and other terms and conditions related to your account(s) to which Mobile Banking and any related software may be applicable, the Terms and Conditions of Mobile Banking will prevail solely with respect to the conflicting provisions and solely to the extent of the conflict. Continued use of Mobile Banking and any related Software constitutes your agreement with and acceptance of this Agreement, as well as any future changes to these Terms and Conditions.

For a Print Version of these Terms and Conditions, access our full website at

https://www.nantucketbank.com/disclosures/online-banking-agreement/

Exclusion of Warranties. You have requested that Nantucket Bank, A Division of Blue Hills Bank allow you to access your accounts remotely by mobile device utilizing the internet. Except as otherwise expressly stated in these Terms and Conditions on in the Agreement for Internet Banking, Nantucket Bank, A Division of Blue Hills Bank makes no representation or warranty, either express, implied or statutory, concerning the Services including that any Software application provided by Nantucket Bank, A Division of Blue Hills Bank to facilitate mobile banking by you through your mobile device will operate uninterrupted or error free. You expressly confirm acceptance and use of any Software application “as is” and without warranty of any character whatsoever and you assume all risk of loss resulting from conducting mobile banking. You are exclusively responsible for providing mobile internet connection service compatible with the Services and any Software application provided by Nantucket Bank, A Division of Blue Hills Bank for the Services to be provided.

No Liability and Hold Harmless. Nantucket Bank, A Division of Blue Hills Bank will use commercially reasonable efforts and ordinary care to provide you with access to the Services in accordance with these Terms and Conditions. In no event, however, shall Nantucket Bank, A Division of Blue Hills Bank be liable for its failure to provide access to mobile banking services or for your failure to receive message service whether either as a result of an error in or interruption of any Software application or as a result of any failure or interruption of your mobile device service or equipment. Without limiting the generality of the foregoing, Nantucket Bank, A Division of Blue Hills Bank shall not be liable to the you for delays or errors occurring by reason of circumstances beyond the control of Nantucket Bank, A Division of Blue Hills Bank, including without limitation, the failure of communication networks and interference with or interruption of internet access or service, the failure of equipment, or any acts of civil, military, or banking authorities, national emergencies, labor difficulties, fire, flood or other catastrophes, acts of God, insurrection, war, riots, failure of transportation, failure of vendors, communication or power supply, or malfunction of or unavoidable difficulties with its equipment. Nantucket Bank, A Division of Blue Hills Bank shall not be liable for consequential, incidental, special or, exemplary damages or lost profits, even if you advise Nantucket Bank, A Division of Blue Hills Bank of the possibility of such damages. You acknowledge and agree that you are solely responsible for protecting the confidentiality and security of your username and password, both of which are required in order to access banking information through mobile and internet banking. You further acknowledge having been informed that the Bluetooth (and any other short-range wireless connectivity) application on your mobile device must be turned off when accessing mobile banking in order to protect the privacy of the User Information. You assume and accept all responsibility for the accuracy of all transactions performed or undertaken utilizing the Services made available by Nantucket Bank, A Division of Blue Hills Bank at your request. You shall hold Nantucket Bank, A Division of Blue Hills Bank harmless from and against any liability of any character attributable to your use of the Services.

Online Banking Agreement

Mobile Check Deposit

  1. Service:  Mobile check deposit is designed to allow you to make deposits to your checking accounts from your SmartPhone (Apple or Android supported devices which may change from time to time at our discretion and without notice) by creating images using the camera on the SmartPhone device and delivering the images and associated deposit information to the Bank.
  2. Eligible items.You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to the Bank is converted to an Image Replacement Document (IRD) for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

  • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into;
  • Checks containing an alteration on the front of the check or item, or which 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;
  • Checks payable jointly, unless deposited into an account in the name of all payees;
  • Checks previously converted to a substitute check, as defined in Reg. CC;
  • Checks drawn on a financial institution located outside the United States;
  • Checks that are remotely created checks, as defined in Reg. CC;
  • Checks not payable in United States currency;
  • Checks dated more than 6 months prior to the date of deposit;
  • Checks or items prohibited by the Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of the Bank’s account(s) you maintain with us;
  • Checks payable on sight or payable through Drafts, as defined in Reg. CC;
  • Checks with any endorsement on the back other than that specified in this agreement;
  • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution;
  • Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
  1. Endorsements and Procedures.You agree to restrictively endorse any item transmitted through the Services as “For deposit only, account #______” or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Mobile Check Deposit services as may establish from time to time.
  2. Receipt of Items.We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you view the posted deposit to your account.  Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
  3. Availability of Funds.You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 8:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited use our existing Funds Availability scheduled, unless the check cannot be deposited or accepted.  In such situations, your transaction will be declined when it is deposited.  If your deposit is declined after it has been made, we reserve the right to debit your account for the amount of the entire deposited item in question.  We will notify you through written notification.  In some instances, to ensure that the message is received in a timely manner, we may email a notification to you.
  4. Disposal of Transmitted Items.Upon your receipt of a confirmation that the deposit has been successfully credited to your account, without an additional notifications or adjustments, You agree to retain the check for at least 30 calendar days from the date of the image transmission. We suggest that you mark “Deposited via Mobile Phone on xx/xx/xxxx (date) to ensure that we do not mistakenly try to redeposit the item(s).  After 30 days, You agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to the Bank upon request.
  5. Deposit Limits.We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. The current daily dollar limit is $5,000.00 per business day.
  6. Presentment.The manner in which the items are cleared, presented for payment, and collected shall be at the Bank’s sole discretion subject to the Bank’s account opening and online banking services agreement(s).
  7. Errors.You agree to notify the Bank of any suspected errors regarding items deposited through the mobile check deposit service right away, and in no event later than 30 days after the applicable account statement is sent. Unless you notify the Bank within 30 days, such statement regarding all deposits made through the mobile check deposit service shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
  8. Errors in Transmission.By using the mobile check service you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
  9. Image Quality.The image of an item transmitted to the Bank must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
  10. User Warranties and Indemnification.You warrant to the Bank that:
  • You will only transmit eligible items;
  • 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 this Agreement and all applicable rules, laws and regulations;
  • You are not aware of any factor which may impair the collectability of the item(s);
  • You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision.
  1. Cooperation with Investigations.You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through mobile check deposit in your possession and your records relating to such items and transmissions.
  2. Termination.We may terminate mobile check deposit at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Important Information About Your Account agreement, Online Banking Services Agreement, or any other agreement with us.

The Mobile Banking Terms and Conditions are a part of the Online Banking Agreement.

Member FDIC

Member DIF

REV 07.23.14