General Terms Applicable to Bill Payment and Transfer Services

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1 Please read this document carefully and print a copy for your reference. You may refer back to it at any time on this website. General Terms Applicable to Bill Payment and Transfer Services Your use of (or allowing another to use) the HSA accountholder Website (the "Site") to issue Instructions to us to: (1) make Payments (the "Bill Payment Service"), or (2) transfer money ( funds ) between your Health Savings Account ( HSA ) and an Account (as defined below) (the "Transfer Service"), means that you agree to the terms and conditions set forth in this agreement ("Agreement"). The Bill Payment Service and the Transfer Service shall be referred to collectively as the "Bill Payment and Transfer Service". You agree that you will not use this service for International ACH Transactions, which are prohibited under this Agreement. The addresses, telephone numbers, and other information, rights and responsibilities contained in this Agreement are limited to Bill Payment and Transfer Service related activities. To use the Bill Payment Service you must have an active HSA with us. To use the Transfer Service you must have an active HSA with us and at least one eligible Account to/from which you may Transfer funds. The following basic features and functions are available to you and may be performed by you when you use the Bill Payment and Transfer Service: Make Payments from your HSA to selected Payees of your choice located within the United States and its territories (certain Payments are excluded as set forth herein) through the Bill Payment Service. Transfer funds from your Account to your HSA through the Transfer Service. Transfer funds to your Account from your HSA through the Transfer Service. Note: Any Transfer made from a savings account is a restricted Transfer subject to certain limitations. Please refer to your applicable deposit account agreement for full details of such limitations. Note: We reserve the right to limit Transfer eligibility to certain types of accounts and to change such eligibility from time-to-time. In the event of a conflict between the terms of this Agreement and the terms and conditions relating to your HSA with us, this Agreement shall control with respect to the subject matter hereof. Definitions As used in this Agreement, the following terms have the meaning set forth below. "Account" means checking and savings accounts (whether held by JPMorgan Chase Bank, N.A. or held by institutions other than us) that you registered for the Transfer Service. You must be the account holder of the Account or an authorized person with respect to the Account. For purposes of the Transfer Service, any Accounts which you may have with JPMorgan Chase Bank, N.A. (other than the HSA) are considered to be held with a third party. The Account must be located in the United States. "Business Day" refers to Monday through Friday, excluding federal holidays. "Cancelled" means when a Payment or Transfer will neither be processed nor sent for any reason. "Completed" means, with respect to the Transfer Service, we have sent a request to Transfer funds to/from the financial institution holding your Account and the financial institution has not rejected our request to Transfer funds on your behalf within the time established by banking institutions. It does not mean funds have necessarily been received into or distributed from your HSA. OBP_EFT_TANDC 1 of 8

2 "Cutoff Time" means 6:00 PM Eastern Time on any Business Day for Payments and 5:00 PM Eastern Time on any Business Day for Transfers. It is the time by which we must receive Instructions to have them considered entered on that particular Business Day. "Delivery Method" means the way your Payment is transmitted to your Payee (i.e., either electronically or via paper check). "Draft" means checks, or other negotiable instruments or items prepared by us or our agents and issued pursuant to your Instructions under the terms of the Bill Payment Service. "Estimated Delivery Date" means the approximate date that the Payment may be delivered to your Payee. Funds may actually arrive at the Payee (and be deducted from the HSA) before or after this date. "Estimated Processing Days" means the average number of days it takes to process, mail and deliver the Payment to the Payee; generally it takes 7 Business Days for paper Payments and typically 2 Business Days for electronic Payments. "Failed" means when a Payment will not be delivered or a Transfer will not be made (in the case of a Transfer from your Account to your HSA, this occurs when the financial institution holding your Account notifies us that your attempted transfer could not be completed). "In Process" means that a Payment or Transfer cannot be changed or Cancelled. "Instructions" means the information provided by you to us for or with respect to a Payment or Transfer. "Paid" means a paper check sent to your Payee on your behalf has cleared or the Payee's bank has not rejected or returned an electronic Payment remitted on your behalf within its allowable time period to return or reject a Payment. "Payee" means the merchant or other person or entity to whom you designate a Payment to be directed. "Payment" means any Instructions to pay a Payee on your behalf via the Bill Payment Service and/or Instructions which have been processed through the Bill Payment Service, as the context requires. "Pending" means any Instruction that you have ordered to be made which has not been Cancelled by you before the Cutoff Time on the Process Date or Transfer Date, as applicable. All Payments and Transfers are Pending starting from the time you enter Instructions until the respective items are In Process. "Process Date" means the date we will initiate the Payment Instructions. In most cases, this is the same date that we will withdraw or charge funds from your HSA. "Reference Number" means the unique number that we send in response to your Instructions to confirm that your Instructions have been received by us. "Rejected" means a Payment that did not pass the Payment validation process or the Transfer to could not be processed by ACH. "Repeating" means automatic recurring Payments to the same Payee or repeating Transfers from your Account to your HSA, in each case for the same amount which you authorize for transmission. If a repeating Payment occurs on a non-business Day, then the Payment will be initiated on the previous Business Day. If a repeating Transfer occurs on a non-business Day, then the Transfer will be initiated on the next Business Day. "Resubmitted" means that an electronic Payment has encountered delivery errors and has been submitted on your behalf as a paper check Payment. Please note that Resubmitted Payments may be delivered later than the original Estimated Delivery Date; you may wish to contact your Payee(s) and inform them of the delay. "Returned" means an electronic Payment that was returned by your Payee and not Paid or a Transfer through the Transfer Service was not processed by the institution that holds your Account. Reasons why Payments or Transfers are returned can include, for example: the information you submitted does not match what your Payee or financial institution has on file, the HSA or Account (as applicable) to which you OBP_EFT_TANDC 2 of 8

3 instructed us to schedule this Payment or Transfer has been frozen, closed or does not exist or your Payee refused the Payment. "Reversed" means that the Payee has accepted our request to stop an electronic Payment on your behalf. Funds will be returned to your HSA; a fee will apply. "Stopped" means a check Payment was successfully stopped as per your request. The original Payment amount has been returned to your HSA; a fee will apply. "Transfer" means any Instructions that have been processed through the Transfer Service. "Transfer Date" means the day on which your Transfer request is initiated. Transaction History/Statements All of your Payments and Transfers made through the Bill Payment and Transfer Service will appear on the HSA transaction activity located on the Site or, if applicable, on paper statements for your HSA. Disclosure of Account Information to Third Parties We may disclose information to third parties about your HSA or the Payments and Transfers you make: 1. as necessary to complete transactions. 2. in connection with the investigation of any claim you initiate. 3. to comply with government agency or court orders. 4. in accordance with your written permission. 5. as otherwise permitted by the terms of our privacy policy. Our privacy policy, which includes details about our information sharing practices, was provided to you when you opened your HSA. It can be viewed by clicking on the "Privacy/Security" link on any of our website pages. Cancellation of Your Bill Payment Service You can cancel the Bill Payment Service via the Site or by calling the number on the back of your HSA debit card. When you call us, we may also require you to put your request in writing. All Pending Payments will automatically be cancelled upon submission of your request to cancel the Bill Payment Service. When you cancel the Bill Payment Service, you will no longer be able to access any of your Bill Payment Service features, including without limitation, Payee and prior Payment information and you will be responsible for paying your bills by other means. You will not receive a refund of any service fee if your Bill Payment Service is cancelled. Such notice will serve to cancel your Bill Payment Service only, not your HSA relationship with us. If you close your HSA, it will automatically cancel your Bill Payment Service. Suspension of Your Bill Payment Service We may suspend your Bill Payment Service in our sole discretion. Suspension of your Bill Payment Service / Outbound Transfers will automatically cancel any pending Payments for each day that the Bill Payment Service is suspended. You will be able to access and view your Bill Payment Service functionality, but will not be able to perform any actions such as add, edit, or delete Payees, schedule, edit or cancel Payments. Only we will be able to reactivate your suspended Bill Payment Service. OBP_EFT_TANDC 3 of 8

4 Cutoff Times All Cutoff Times referenced in this Agreement reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance of such Cutoff Times to eliminate the possibility of missing the cutoff. Instructions entered after the Cutoff Time or on non-business Days will be considered entered in the Bill Payment and Transfer Service on the next Business Day. Transfer Service To use the Transfer Service you must maintain at least one eligible HSA with us and at least one Account, between which you may Transfer funds. Transfers to your Account may be made in amounts of up to $ per transaction. The minimum Transfer amount allowed through the Transfer Service is $1.00. The maximum total dollar amount of all Transfers from is $99, in the aggregate attributable to any Business Day. We may modify these amounts from time to time without notice to you. You authorize us to charge your HSA with us for all Transfers of funds that you initiate through the Transfer Service and you agree to have sufficient funds to cover each such Transfer you schedule and any fees that might be associated with such Transfer. We will not be obligated to make any Transfer you may request unless there are sufficient available funds in your HSA with us or your Account to cover the Transfer. If sufficient funds are not available we will not retry the transaction and the Transfer will be immediately rejected. Transfers to an Account will be deducted from your HSA with us on the calendar date initiated. Transfers from Accounts are subject to the processing times of the financial institution holding your Account. Instructions for Transfers that we receive by the Cutoff Time on a Business Day will be sent to the holder of your Account on the same day for processing. Transfer Instructions relating to Accounts and the transmission and issuance of data related to such Instructions shall be received pursuant to the terms of this Agreement and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("Regional ACH") (collectively, the "Rules") and you and we agree to be bound by such Rules as in effect from time-to-time. In accordance with such Rules, any credit to your HSA held by us or your Account shall be provisional until such credit has been finally settled by us or the institution which holds your Account. You acknowledge that you have received notice of this requirement and of the fact that if we do not receive final settlement for a Transfer for any reason, we shall charge back the amount of such Transfer to your HSA with us or the Account (as applicable) or any other of your accounts or claim a refund from you. Please note: While JPMorgan Chase Bank, N.A. may be the custodian of your HSA (or may hold the HSA on behalf of your HSA custodian or trustee), for purposes of this Transfer Service, any Accounts which you may otherwise have with JPMorgan Chase Bank, N.A. are considered to be held with a third party. Bill Payment Service Description of Service: As a Bill Payment Service subscriber, you can arrange, at your option, for the payment of bills from your HSA. You can only select Payees located within the United States and its territories to pay using the Bill Payment Service, subject to our and the Payee's approval with the following exceptions: you agree not to use the Bill Payment Service to pay Payees to whom you are obligated for tax payments, payments made pursuant to court orders, fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law. The minimum Payment allowed through the Bill Payment Service is $1.00. The maximum total OBP_EFT_TANDC 4 of 8

5 dollar amount of all Payments is $99, in the aggregate attributable to any Business Day. To use the Bill Payment Service you must provide sufficient information online to us to properly identify your Payees, direct your Payment and permit the Payee to identify you as the Payment source upon receipt of a Payment. You must complete all required fields with accurate information. By providing us with the names and account information of those Payees to whom you wish us to direct Payments, you authorize us to follow the Instructions that we receive through the Bill Payment Service. When we receive a Payment Instruction, we will send funds to the Payee on your behalf, from the funds in your HSA. You authorize us to charge your HSA for all Payments authorized through the Bill Payment Service. We and any agent used by us in connection with the Bill Payment Service is authorized to prepare Drafts drawn on your HSA and/or electronically debit your HSA for the purpose of making Payments. We are authorized to accept any Draft drawn on the HSA on presentment and charge the HSA even though it does not bear your signature where such Draft has been issued as part of the Bill Payment Service. Such Drafts may originate from us or any financial institution in the United States used by us or any of our agents. WE SHALL NOT BE RESPONSIBLE FOR ANY CHARGES IMPOSED, OR ANY OTHER ACTION, BY A PAYEE RESULTING FROM A LATE PAYMENT, INCLUDING ANY APPLICABLE FINANCE CHARGES AND/OR LATE FEES UNLESS WE CAUSE PROCESSING DELAYS THAT CAUSE YOUR PAYMENT TO BE LATE. [Is this in addition to the liability provision on page 6?] Your responsibilities: You agree to have sufficient available funds in the HSA on the Process Date for Payments you schedule. We will not be obligated to follow any Instructions unless and until there are sufficient available funds in your HSA. If there are insufficient available funds to cover a Payment, we will not retry the Payment and it will be immediately rejected. A status of "Failed" will appear online and a fee will be assessed. Because your Payment Instructions are transmitted to us on your computer, the Payment will not be sent to your Payee with the Payee's Payment stub. Payments received without the Payment stub are sometimes processed at a different location. Some Payees may take longer to post the Payment to your HSA if the Payment stub is not included with the Payment, although federal regulations may limit certain creditors (such as credit card issuers) to a period of up to five (5) days. For this reason, we recommend that you contact your Payees to ensure that you have the right address and that you schedule Payments in sufficient time to allow for your Payment to be sent to your Payee and the Payment to be posted. Delivery Method: We remit two types of Payments on your behalf to your Payees - electronic and paper check. If your Payee is capable of receiving Payments electronically, we make every effort to transmit your Payment electronically so that Payments are received by the Payee as quickly as possible. Other Payees are not capable of accepting electronic Payments and those Payees are paid by a paper check issued on your behalf. The Bill Payment Service screens will indicate the Delivery Method and lead time expected for each type of Payment your Payee will ordinarily receive. The Delivery Method for a Payee is subject to change from time-to-time thereafter. We will withdraw the applicable funds from your HSA on the Process Date to cover your Payments. If a Payee no longer accepts electronic Payments, or the Payment encounters delivery errors, Payments to that Payee will be delivered by paper check. Additionally, if a Payee no longer accepts electronic Payments, the Estimated Delivery Date will be changed to seven (7) Business Days after the Process Date for all subsequent Payments and for the most current if the Payee provides us with sufficient notice. If a Payee begins accepting electronic Payments, Payments to that Payee will be processed electronically and the Estimated Delivery Date will be changed accordingly for all subsequent Payments. In addition, if an electronic Payment is undeliverable the Payment may be Resubmitted by paper check. You can see changes to a Delivery Method on the Site. Please note that, in some situations, if a Payment is scheduled to be sent electronically to a Payee who can no longer process Payments using the Delivery Method in which it was Sent, then that Payment may be late and we will not be responsible for any associated late charges that might be incurred as a result. We shall have no liability for late Payments arising from changes in your Payee's OBP_EFT_TANDC 5 of 8

6 Delivery Method as we have no control over your Payee's acceptance of or changes to a particular Delivery Method. While it is anticipated that most Payments will be delivered within 5-7 Business Days from the Process Date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting Payments by slow responding companies or financial institutions, some Payments may take a few days longer to be credited by your Payee to your Payee account. FOR THIS REASON, YOU NEED TO ENTER A PROCESS DATE WHICH IS SUFFICIENTLY IN ADVANCE OF THE ACTUAL DUE DATE (NOT THE LATE DATE) OF YOUR PAYMENT OBLIGATION TO ENSURE THAT YOUR PAYMENT ARRIVES ON OR BEFORE YOUR DUE DATE AND NOT AFTER THE DUE DATE OR DURING THE GRACE PERIOD. Canceling Payments: You may cancel any Pending Payment via the Bill Payment Service if you do so no later than the Cutoff Time, on the Process Date. You may not cancel a Payment after the Cutoff Time has passed. Stop Payment Request: You can request a stop payment on a Payment that has gone out as a paper check and has not been Paid. Stop payments can be requested by contacting HSA Customer Service. At the time that you place a stop payment request, we may not be able to tell you whether the check has been Paid or is in the process of being Paid. You will be able to see the status of your stop payment request online. Under certain circumstances, the law may allow the party in possession of the check to enforce payment, despite the stop payment order. Reverse Electronic Payment Request: You can request a reversal on a Payment that has been processed electronically and has not been Paid. Reversals can be requested by contacting HSA Customer Service. At the time that you place a reversal request, we may not be able to tell you whether the Payment has been Paid or is in the process of being Paid. You will be able to see the status of your reversal request online. Under certain circumstances, the law may allow a third party to enforce Payment, despite the reverse payment order. Duplicate Payments Duplicate one-time Payments entered for the same amount, Payee name and Process Date will be rejected and an error message will be displayed on the Site. If a Repeating Payment is entered that duplicates a Repeating Payment Instruction in its entirety, it will be rejected and an error message will be displayed on the Site. If a onetime Payment is set-up and it duplicates an existing Payment within a Repeating Payment series, both Payments will be processed according to the Instructions entered; there will be no notification that the Payments were duplicates of each other. Stale Dated Payments Paper checks which may be issued to your Payees are not negotiable after the designated period noted on the check, usually 90 days. Occasionally, paper check Payments are not cashed by your Payee within the negotiable period. When this happens, our processor will return the funds to us, usually within 3-5 days, and upon receipt thereof, we will immediately credit your HSA. We have no liability to you, your Payee or any other party for refusing Payment on any check that remains outstanding after the end of the negotiable period. Merchant or Payee Limitation We reserve the right to refuse to pay any Payee whom you may designate for a Payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you. This notification is not required if you attempt to pay any Payments prohibited under this Agreement. OBP_EFT_TANDC 6 of 8

7 Bill Payment and Transfer Service Fees The following fees apply to your Bill Payment and Transfer Service. Such fees shall be paid by you in accordance with the terms of this Agreement and your HSA custodial account agreement, as applicable. We may change the amount or type of any of the below fees or add additional fees at any time in accordance with the terms hereof or your HSA custodial account agreement, as applicable. In addition to the fees set forth in this section, you will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with the Site. Bill Payment Service Fees: Copy of Check Stop Payment Stop Electronic Payment Insufficient Funds $10.00 per copy $20.00 per occurrence $20.00 per occurrence $1.00 per occurrence Transfer Service Fees: Return of Electronic Funds Transfer $10.00 per occurrence Your Liability for Unauthorized Transfers or Payments If you permit other persons to use the Bill Payment and Transfer Service or your Password, you are responsible for any transactions they authorize. If you believe that your Password has been lost or stolen or that someone has made Payments from, transferred funds to or may transfer funds to your HSA without your permission, notify us AT ONCE, by calling the HSA Customer Service number on the back of your HSA debit card or writing us at HSA Customer Service, PO Box 30207, Tampa, FL Telephoning us is the best and fastest way of keeping your possible losses to a minimum. If you do not do so, you could lose all the money in your HSA. Our Liability for Failure to Complete Bill Payments and Transfers If we do not complete a Transfer or Payment in the correct amount or according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example: (A) If, through no fault of ours, your HSA with us or your Account does not contain sufficient funds to make the Transfer or your HSA does not contain sufficient funds to make a Payment. (B) The Bill Payment and Transfer Service, your operating system or your software was not functioning properly at the time you attempted to initiate such Transfer or Payment and it was evident to you at the time you began the OBP_EFT_TANDC 7 of 8

8 Transfer or Payment. (C) Circumstances beyond our control, such as fires, floods, acts of God, power outages and the like. (D) The Payee or, for Transfers, the financial institution holding your Account, mishandles or delays processing or posting a Payment or Transfer sent by the Bill Payment and Transfer Service. (E) If you have not provided us with complete and correct Payment or Transfer information, including without limitation the financial institution name, address, account number, Transfer or Payment amount. The list of examples set out in this paragraph is meant to illustrate circumstances under which we would not be liable for failing to make a Transfer or Payment and is not intended to list all of the circumstances where we would not be liable. Errors and Questions about Bill Payment and Transfer Services In case of errors or questions about your Payments or Transfers you should telephone or write us as soon as you can, at the address or phone number set forth in the section above entitled "Your Liability for Unauthorized Transfers or Payments". We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared or if you do not receive statements the date on which the problem or error first appeared on your transaction history, whichever is earlier. Tell us your name and HSA account number. Describe the error or the Transfer or Payment you are uncertain about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error. If you tell us in person or by telephone, we may require that you send us your complaint or question in writing. We will investigate your complaint or question. If we have made an error, we will correct it promptly. If we find that there is no error, we will send you a written explanation of the results of the investigation. In case of errors or questions about your Transfers that appear on your Account statements, please contact the financial institution that provided such statement to you in accordance with the terms and conditions of your Account. Please note: While JPMorgan Chase Bank, N.A. may be the custodian of your HSA (or holds your HSA on behalf of your HSA custodian or trustee), for purposes of this Bill Payment and Transfer Service any accounts which you may otherwise have with JPMorgan Chase Bank, N.A. are considered to be held with a third party J.P. Morgan Chase & Co. JPMorgan Chase Bank, N.A. Member FDIC OBP_EFT_TANDC 8 of 8