1 LIBERTY BANK ONLINE BILL PAYMENT ( BILL PAYMENT SERVICE ). 1. USING THE BILL PAYMENT SERVICE As used in this Agreement, the term Payee means the person or entity to whom you wish a bill payment to be directed; Payment Instruction means the information provided by you to us for a bill payment to be made to the Payee (such as, but not limited to, Payee name, your account number with Payee, and Scheduled Date); Pay From Account means your checking account from which a bill payment will be made; Business Day means Monday through Friday, excluding Federal Reserve holidays and any other day that the Bank is not open for business; Scheduled Date means the Business Day of your choice upon which your bill payment will begin processing (a Scheduled Date of a non-business Day will be considered to be the next Business Day); and, Cutoff Time means 2:00 p.m. Central Time ( CT ) on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day. The Bill Payment Service is not approved for use by Commercial Account customers or on any account requiring the signature of more than one person. Any such customer gaining access to the Bill Payment Service does so at your own risk and Liberty Bank and Trust Company will not be liable for such unauthorized use. To gain access to the Bill Payment Service, you must have a checking account, be a registered user of Liberty Bank Online, and accept this Agreement ( Agreement ). Submission of this Agreement constitutes your digital signature under applicable state and Federal law, and your acceptance of this Agreement. After submission of your acceptance of this Agreement, the Bill Payment Service will generally be available to you within two Business Days. To use the Bill Payment Service, you must provide information online to us that identifies your Payee(s). You must provide sufficient information about a Payee and your account with the Payee to permit us to properly direct a payment and permit the Payee upon receipt of a payment to identify you as the payment source. You do this by filling in all fields with accurate information, as directed by the Bill Payment Service screen messages. By providing us with the name and account information of the Payee(s) to whom you wish to direct payment, you authorize us to follow the Payment Instructions that we receive through the payment system. When we receive a Payment Instruction, you authorize us to debit your Pay From Account and remit funds to the Payee(s) on your behalf.
2 You will be able to set up the following types of bill payments: (1) Single Payment: You may schedule a payment to be made one time to a Payee. The payment may be scheduled to BEGIN processing on a future date, or on the same day that you enter the Payment Instruction provided you enter the Payment Instruction before the Cutoff Time of 2 p.m. CT. (2) Recurring Payment: You may schedule payments to Payees to be automatically initiated in a fixed amount on regular intervals. If the Scheduled Date does not exist in a certain month, then payment processing will be initiated on the last Business Day of the month. For example, if you schedule a payment to begin processing on the 30th of each month, your payment for the month of February will be begin processing on or after the 28th of February. The amount of any Single Payment or Recurring Payment shall not exceed $100,000. You will be provided a confirmation number for each payment you schedule using the Bill Payment Service. This number is available on the Transactions screen if you need to refer to it in the future. The confirmation number will help us resolve any questions you may have concerning your transactions. While it is anticipated that most transactions will be processed on the next Business Day after your Scheduled Date, and arrive at the Payee within approximately five (5) Business Days after your selected Scheduled Date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding Payees or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your Payee account. For this reason, it is necessary that all Scheduled Dates selected by you be no less than five (5) Business Days before the bill s actual due date, not the late date and/or a date in the grace period. DO NOT ENTER THE PAYMENT DUE DATE AS THE SCHEDULED DATE. Payment Instructions entered after the Cutoff Time of 2 p.m. CT or on non- Business Days will be considered entered in the Bill Payment Service on the next Business Day. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of Business Days between the Recurring Payment date and the bill s actual due date. The risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. We will use our best efforts to make all your payments properly. However, we shall incur no liability if we are unable to process any payments initiated by you through the Bill Payment Service because of the existence of any one or more of the following circumstances:
3 (1) If, through no fault of ours, your Pay From Account does not contain sufficient funds to complete the transaction; (2) The Bill Payment Service or Online Services is not working properly and you know or have been advised by us about the problem before you execute the transaction; (3) The Payee mishandles or delays a payment sent by us; (4) You have not provided us with the correct name, phone number or account information for the Payee, or you have not provided us with accurate personal information either during enrollment, or you have otherwise provided incomplete Payment Instructions; or (5) Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing five (5) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Pay From Account or cause funds from your Pay From Account to be directed to a Payee which do not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Pay From Account and for directing to the proper Payee any previously misdirected transactions. The following payments are prohibited through the Bill Payment Service: (1) Tax Payments and other governmental fees, (2) Court ordered payments, alimony and child support payments, (3) Payments to Payees outside of the United States, (4) Use of this service by a commercial bank customer, or. (5) Payments made for any illegal purpose. A bill payment is In Process starting at the Cutoff Time on the Scheduled Date and continuing up to the next Business Day after the Scheduled Date. A bill payment is a Pending Payment starting from the time you enter Payment Instructions until the payment is In Process. A bill payment is considered Completed on the next Business Day after the Scheduled Date. You may cancel or edit any Pending Payment (including Recurring Payments) by following the directions within the service. There is no charge for canceling or editing a Pending Payment. When you cancel a Pending Payment the system will assign a confirmation number to the cancellation transaction. The confirmation number will help us resolve any questions you may have concerning your transactions and is available on the Transaction screen if you need to refer to it in the future. If you desire to cancel or stop any payment that is In Process, you must call the Customer Service Department at (504) or Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for
4 us to act on your request. If you call, we may also require you to confirm your request in writing within fourteen (14) days after you call. We may not be able to stop a payment that is In Process. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. The charge for each stop payment order will be the then current charge for such service as set forth in the current Liberty Bank Fee Schedule. You may obtain a copy of Liberty Bank s current Fee Schedule by visiting any Liberty Bank Branch. Once your scheduled bill payment is In Process, we may remit your payment to your Payee by any one of the following means, at our sole discretion: (1) by electronic funds transfer; (2) by mailing your Payee a check drawn on an account we maintain for this purpose; or (3) by other means. The timing of when your scheduled bill payment is debited from your Pay From Account will be on the day you entered for your bill payment to begin processing, that is the Scheduled Date. 2. STATEMENTS All of your payments made through the Bill Payment Service will appear on your monthly account statement(s) for your Pay From Account. You can also view payment activity on the Transaction Account Activity screen. 3. CANCELING THE BILL PAYMENT SERVICE. You may cancel your use of the Bill Payment Service at any time by calling the Bank at (504) or When you notify us by telephone, we may request that you put your request in writing. When you cancel the Bill Payment Service, all Pending Payments will automatically be canceled by us on your behalf and you will be responsible for paying your bills by other means. You will not receive a refund of any service fee if you cancel. The Bank may cancel or suspend the Bill Payment Service, in whole or in part, at any time without prior notice. Cancellation or suspension shall not affect your liability or obligations under this Agreement. 4. IN THE EVENT A BILL PAYMENT SERVICE TRANSACTION IS RETURNED In using the Bill Payment Service, you are requesting that we make payments for you from your Pay From Account. If we are unable to complete the transaction for any reason associated with your Pay From Account (for example, there are not sufficient funds in your Pay From Account to cover the transaction), the transaction may not be completed. We will attempt to complete the transaction(s) for three successive Business Days. You will receive a return notice from the Bank for the first attempt only. You will be charged a $20 Handling Fee for each returned item that covers the first attempt as well as the two subsequent attempts, if applicable. In such case, you agree that you will reimburse us for the Handling Fee imposed by the Bank as a result of returned items.
5 If your payment results in the overdraft of your account, you agree to pay us upon demand the amount of the overdraft together with the Overdraft Fee per Liberty Bank s most recent Fee Schedule. You agree to pay us whether or not you signed or requested the withdrawal or participated in the transaction creating the overdraft or received any benefit from the withdrawal creating the overdraft. If a payment is returned because of incomplete or inaccurate information regarding the Payee or your account with the Payee, the Bank will charge a Bill Pay Return Item Fee of $25 per item. Unless the collection of such cost is prohibited by the applicable state law, you agree to pay all costs and expenses, including attorneys fees, incurred by us in the collection of any fee imposed by the Bank as a result of a Bill Pay Returned Item. We are hereby authorized to report the facts concerning the return item to a credit reporting agency. 5. OTHER FEES If you subscribe to the Bill Payment Service, you agree to pay the Bank a service fee of $4.95 each month, plus an additional transaction fee of $0.50 per Bill Payment transaction over 10 per month. These fees may be waived for selected products. You authorize the Bank to deduct the Bill Payment Service fee (and any transaction fees, if applicable), on the 1st of each month, from the personal checking account you designate. This fee is in addition to regular transaction fees that may be in effect for your Liberty Bank accounts. You agree that 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 Liberty Bank Online. If you request a copy of the check or electronic order used to may payment to your Payee, you agree to pay us a Research Fee of $7 per requested item. 6. ADDRESS CHANGES You agree to promptly notify Liberty Bank Online Internet Banking of any address change, by calling Customer Service at or You may be requested to submit this information in writing within fourteen (14) days after you call. 7. PAYEE LIMITATION We reserve the right to refuse to pay any Payee to whom you may direct a payment for security reasons or any other reason. We will notify you promptly if we decide to refuse to pay a Payee designated by you. However, this notification is not required, however, if you attempt to make a prohibited payment under this Agreement. 8. INFORMATION AUTHORIZATION
6 Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Bill Payment Service, you agree that we reserve the right to request a review of your credit history at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Payee to resolve payment-posting problems. 9. EQUIPMENT You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing Online Services. The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware, software or any Internet access services. 10. BUSINESS DAYS/HOURS OF OPERATION The Bank's business days are Monday through Friday, except Federal Reserve holidays and any other day on which the Bank is not open for business. Online Services is available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control. All Internet Banking transactions initiated after the Bank's Cutoff Time will be considered as initiated on the next Business Day. 11. LIMITATION OF ACCESS/SECURITY The Bank may terminate Liberty Bank Online in whole or in part at any time without prior notice. The Bank reserves the right to limit or suspend your access to Liberty Bank Online at any time. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes and other means of identification (including, without limitation, Access IDs and Passwords). We reserve the right to block access to Online Services and/or to Bill Pay Services to maintain or restore security to our Site and systems if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). 12. YOUR RESPONSIBILITY Use of your Access ID and Password is the agreed security procedure to access Online Services and Bill Pay Services. In order to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Services and Bill Pay Services, you agree, by using Online Services and Bill Pay Services, to keep confidential and to not give or make available your Access ID, Password or other means to access your accounts to any person not authorized to access your accounts. The loss, theft or unauthorized use of your Access IDs and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line. If you disclose your Access IDs and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. You are responsible for all transfers and Bill Payments you authorize using Online Services. If you permit any other person(s) or entity
7 to use Online Services or Bill Pay Services or to access or use your Access IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities they authorize from your accounts. You agree to immediately notify us by calling (504) or during normal customer service hours of any unauthorized use of your Access IDs and Passwords or of any other breach of security, or if you believe someone may attempt to use Online Services or Bill Pay Services without your consent or has transferred money without your permission. 13. DAMAGES THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST PROFITS, CAUSED BY LIBERTY BANK ONLINE OR BILL PAY SERVICES, OR THE USE THEREOF, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE OR ANY INTERNET ACCESS SERVICES. 14. WARRANTIES DISCLAIMER THE ONLINE SERVICES AND BILL PAY SERVICES, AND RELATED DOCUMENTATION ARE PROVIDED AS IS, AND WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 15. ERRORS OR QUESTIONS In case of errors or questions about your Liberty Bank Internet Banking and/or Bill Payment Service, call the Bank at (504) or , or write to us at Liberty Bank Online Customer Service, P.O. Box 60131, New Orleans, LA MISCELLANEOUS TERMS In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the Understanding Your Deposit Account Agreement that you received when opening your depository account, as amended, and with all applicable State and Federal laws and regulations. The Bank may amend or change this Agreement (including applicable fees and service charges) by sending you notice by electronic mail or by regular mail sent to your address as it appears on your account records. You agree that the Bank may also send you future notices and disclosures about your accounts with the Bank by electronic mail, where permitted by law. Any use of the Online Services and Bill Pay Services after we send you
8 a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services and/or related 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 programs, services, and/or related material, and to limit access to Online Services and/or Bill Pay Services more recent revisions and updates. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. 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. We refer you to the Understanding Your Deposit Account Agreement that you received when opening your depository account, as amended, for additional terms and conditions and disclosures that apply to your accounts with the Bank, as this Agreement is an addendum to such Understanding Your Deposit Account Agreement. 17. HARM TO COMPUTER SYSTEMS/DATA You agree that we will not be responsible or liable for any direct, indirect, incidental or consequential damages which may result from harmful components such as viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by using Liberty Bank and Trust Company Online Services or Bill Pay Services, or by downloading information, software, or other materials from our site. 18. SHARING INFORMATION/PRIVACY We may share customer transaction and experience information with affiliates within Liberty Bank and Trust Company. We may share other customer information among Liberty Bank and Trust Company affiliates; however, you may opt out of such sharing of "other customer information" between Liberty Bank and Trust Company affiliates by sending your request and your name, address, social security number, telephone number, and account type and number to Liberty Bank and Trust Company, Post Office Box 60131, New Orleans, Louisiana ATTN: Opt Out Desk or us at If you obtain any of our products or services jointly with one or more other individuals, your opt-out decision also will apply to each of those other individuals. 19. OWNERSHIP OF MATERIALS The content and information on our site is copyrighted by Liberty Bank and Trust Company and the unauthorized reproduction or distribution of any portion is prohibited. Our logos and products are trademarked and servicemarked and may not be used without our permission. Trademarks or servicemarks of others that are referenced on our web site are the property of their respective owners. No part of these pages or screens may be
9 copied (except as strictly necessary for you to view these materials on your own computer), republished, redistributed, modified, or otherwise used or exploited by you without our prior written consent. 20. SEVERABILITY If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction. 21. AREA OF SERVICE The Services described in this Agreement are solely offered to citizens and residents of the United States of America and may not be accessed while outside of the USA. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No contents from this site may be downloaded or otherwise exported in violation of United States Law. 22. COLLECTION EXPENSES If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses including attorney's fees unless the collection of such cost is prohibited by the applicable state law. 23. GOVERNING LAW This Agreement is governed by and interpreted in accordance with all applicable federal laws and regulations and the laws of the State of Louisiana. 24. ARBITRATION PROVISION Any controversy, claim or dispute arising out of or relating to this Agreement, shall, upon the election by Liberty Bank and Trust Company, be settled by arbitration pursuant to this Arbitration Provision and the code of procedure of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. If Liberty Bank elects arbitration, the Claim shall be referred to either the National Arbitration Forum ( NAF ), JAMS/Endispute ( JAMS ), or the American Arbitration Association ( AAA ) as selected by us. Each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator. Arbitration may proceed in your absence if we have given written or electronic notice of the proceedings to you. You agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and the issuance of execution for its collection. The arbitrator shall not have the right to award punitive damages or
10 speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.