BANCO PICHINCHA, C.A., MIAMI AGENCY INTERNET BANKING AGREEMENT

Transcription

1 BANCO PICHINCHA, C.A., MIAMI AGENCY INTERNET BANKING AGREEMENT In cnsideratin fr being granted access t, and use f Banc Pichincha C.A. Miami Agency s Internet Banking Services (the BPMA Internet Services ) (as herein described and defined), yu hereby agree with Banc Pichincha, C.A., Miami Agency ( BPMA ) as fllws: 1. INTRODUCTION This BPMA Internet Banking Agreement (this Agreement ) cntains the terms and cnditins that gvern yur use f the BPMA Internet Services. This Agreement is in additin t, and des nt supersede the Accunt Agreement r any ther agreements that gvern yur accunt(s) and/r services at BPMA. The BPMA Internet Services prvide custmers with the ability t access their financial data and t cmplete banking transactins directly thrugh the Internet frm remte lcatins. Such banking transactins include, but are nt limited t, access t yur Eligible Accunts, transfers f funds t and frm Eligible Accunts, and cmmunicatins with BPMA cncerning yur Eligible Accunts. Infrmatin may be accessed and instructins transmitted using yur persnal cmputer r data terminal, r via the BPMA Internet sftware licensed by BPMA pursuant t the terms f this Agreement. BPMA reserves the right, frm time t time, and at its sle discretin, t mdify and terminate BPMA Internet Services withut any prir ntice t yu. BPMA s ability t prvide yu with the BPMA Internet Services is dependent upn yur telephnic/electrnic capability t access the Internet. If, fr any reasn, yu cannt telephnically/electrnically access the Internet, BPMA, its fficers, emplyees and agents, shall nt be liable fr the failure and/r lack f such access and fr any lss and/r damages resulting therefrm. BY USING THE BPMA INTERNET SERVICES OR ALLOWING ANY OTHER PERSON TO USE THE BPMA INTERNET SERVICES, YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING ADHERENCE TO THE BPMA INTERNET SECURITY GUIDELINE MATERIALS. 2. LANGUAGE AND DEFINITIONS Capitalized terms shall have the meanings set frth in this Agreement. The authritative text f this Agreement and all related dcuments and ntices are in English and yu acknwledge that yu have read and understd the same in their entirety. In this Agreement, the fllwing terms will have the meanings set frth belw: AUTHORIZED PERSON Refers t any persn that yu have designated as an authrized persn in writing t BPMA, as a Sub-User in the Internet Banking Service r DOCX v.2

2 any persn that yu have given access t yur Digital Certificate and/r User ID and Passwrd fr the purpse f btaining infrmatin abut yur Eligible Accunts, transferring funds frm yur Eligible Accunts, making bill payments, r requesting ther bank services. BPMA INTERNET SYSTEM Refers t a set f tls that allws yu t have secure electrnic access t yur Eligible Accunts and a number f financial services thrugh the use f yur persnal cmputer and the Internet. BUSINESS DAYS Our nrmal business days are frm Mnday t Friday except fr United States Federal bank hlidays. Bank hlidays are cnsidered part f the fllwing business day. Saturday, Sunday and Mnday are cnsidered ne business day. DIGITAL CERTIFICATE A digital certificate is a statement guaranteeing the identity f a persn r the security f a website. A security digital certificate assciates an identity with a public key. Only the wner knws the crrespnding private key that allws the wner t decrypt r make a digital signature. The digital signature cmpnent f a security certificate is yur electrnic identity card. The digital signature tells the recipient that the infrmatin actually came frm yu and has nt been frged r tampered with. Digital Certificates and signatures are created fr each sessin yu establish in the Internet Banking Services and are valid fr the time the sessin is active. Digital certificates may be used fr funds transfers and/r accunt inquiries. ELECTRONIC SIGNATURE Refers t the use f yur User ID, Digital Certificate, Passwrd, tkens and/r authenticatin cdes t authenticate and authrize transactins n yur Eligible Accunts. ELIGIBLE ACCOUNT Refers t any accunt(s) that yu have with BPMA that yu have enrlled in the BPMA Internet Services. Yur Eligible Accunts will cntinue t be subject t all ther agreements gverning such accunts, including, withut limitatin, the Accunt Agreement. Additinally, the Eligible Accunts and ther financial services will be subject t BPMA s rules, plicies and prcedures applicable t each such Eligible Accunt r financial service. EST OR EDT U.S. Eastern Standard Time r Eastern Daylight Time (the lcal time in Miami, Flrida). Passwrd Refers t yur persnal secret cde. Yur Passwrd is a unique cde knwn exclusively by yu and must be used alng with yur User ID and/r Digital Certificate. Yur Passwrd is used t identify yu and t authenticate transactins perfrmed thrugh the BPMA Internet Service. The Bank des nt have access t yur Passwrd. USER ID Refers t an acrnym f numbers and/r letters that is used t access the BPMA Internet system. Yur User ID is knwn by yu and the Bank. It will be used t identify yu as the wner f the Eligible Accunt(s).

3 WE, US, OUR, OR BANK are used t refer t BPMA. YOU OR YOUR is used t refer t the custmer f BPMA that is the wner f an Eligible Accunt r an Authrized Persn. 3. PROPRIETARY INFORMATION AND LICENSE Yu acknwledge and agree that all cmputer sftware prgrams, data bases, user manuals, files, dcuments and ther recrds, trade names and lgs relating t the BPMA Internet Services (the IBS Materials ) are and shall be the sle and exclusive prperty f BPMA. During the term f this Agreement, and pursuant t its prvisins, BPMA grants t yu a nn-exclusive, nn-transferable license t use the IBS Materials, ther than the trade names, lgs and ther intellectual prperty, strictly in cnnectin with its activities and transactins as a custmer f BPMA. Yu shall nt duplicate any f the utput r prduct f the BPMA Internet Services, ther than fr yur wn persnal use at the site specified herein, and yu shall nt permit use f the BPMA Internet Services, whether gratuitusly r fr a valuable cnsideratin, by any ther persn r entity whatsever. Yu further agree that yu shall nt reprduce r cpy the IBS Materials r disclse, transfer r therwise make available any f the IBS Materials, in whle r in part, t any ther persn r entity. Yu may nt disassemble r reverse engineer the IBS Materials r cause any prtin f the IBS Materials t be made subject t mdificatin, deviatin, data transmissin, adaptatin r translatin, in any frm, in whle r in part, unless expressly permitted by BPMA in writing. Upn terminatin f this Agreement, yu shall return t BPMA all IBS Materials in yur pssessin and/r cntrl. Yu hereby acknwledge that the IBS Materials are prprietary t BPMA and are prvided by BPMA t yu fr use exclusively in accrdance with the license granted by BPMA t yu pursuant t the terms f this Agreement, and yu will hld the IBS Materials in strict cnfidence and yu will nt disclse all r any prtin f the IBS Materials t any persn ther than yur agents r emplyees and nly n an as needed basis in cnnectin with yur persnal use f the BPMA Internet Services in accrdance with the terms f this Agreement. 4. EQUIPMENT In rder t access the BPMA Internet Services, yu will need t have equipment that meets the minimum requirements established by us frm time t time, which at a minimum include the fllwing: a. Internet access accunt with an Internet service prvider r similar cmpany prviding internet access; b. Persnal Cmputer r cmpatible equipment capable f cnnecting t the internet using ne f the supprted Internet brwser prgrams; and

4 c. Internet brwser prgram with encryptin supprt. Micrsft Internet Explrer versin 8.x (r higher) are recmmended. Other internet brwsers may be able t access ur Internet Banking Service, hwever we prvide n assistance with such prgrams. Any hardware and peripheral equipment needed t access and use the BPMA Internet Services are t be btained and prvided by yu. The maintenance f all such equipment shall be yur sle respnsibility. Liability fr Equipment Failure r Lss r Errneus Data The ability f BPMA t prvide the BPMA Internet Services t yu is dependent upn yur capability t access the BPMA Internet Services. If, fr any reasn, yu cannt access the BPMA Internet Services, BPMA, its fficers, emplyees and/r agents, shall nt be liable fr the failure and/r lack f such access and fr any lss and/r damages resulting therefrm. Furthermre, yu will bear the liability r the risk f any errrs r lss f data, infrmatin, transactins r ther lsses that may be due t the failure f yur cmputer system, hardware, sftware r equipment r third party cmmunicatins prvider. We shall have n liability t yu fr any damage r ther lss, direct r cnsequential, which yu may incur by reasn f yur cmputer system, hardware, sftware r equipment r third-party cmmunicatins prvider. Changes/Interruptins in Services We may n a regular basis perfrm maintenance n ur equipment r system, which may result in interrupted service r errrs in the Internet Banking Service. We als may need t change the scpe f the Internet Banking Service frm time t time. We will attempt t prvide prir ntice f such interruptins and changes, but we cannt guarantee that such ntice will be prvided. 5. ACCESS AND USE OF BPMA INTERNET SERVICES T have access t the Internet Banking Service, yu must be the authrized user f at least ne Eligible Accunt with BPMA. If yu have mre than ne Eligible Accunt, we may link the relatinships tgether with the primary Eligible Accunt. Yu may expressly request that certain accunts nt be linked t the Internet Banking Service. Accunts that are linked under the Internet Banking Service must have ne cmmn wner and signer. Only an Authrized Persn will be permitted t access t linked Eligible Accunts. Nn-linked accunts will nt be accessible thrugh the Internet Banking Service. If yur Eligible Accunt is a limited transactin accunt, each payment r transfer yu make thrugh the Internet Banking Service will cunt twards the number f transfers yu are permitted in each statement perid. If yu clse yur primary Eligible Accunt, yur access t the Internet Banking Service will end and any unprcessed transactins will be canceled. We undertake n bligatin t mnitr transactins thrugh the BPMA Internet Services t determine that they are made n behalf f an Authrized Persn and we will nt be liable fr any lsses suffered by yu as a result f misuse by unauthrized users f the BPMA Internet Services.

5 Yu may nt use the BPMA Internet Services, the IBS Material r any infrmatin available frm the BPMA Internet Services in any manner that wuld be illegal r vilate any freign, federal, state r lcal law r rdinance. 6. SECURITY GUIDELINES T prvide restricted and prtected access t the BPMA Internet Services and t ensure secure cmmunicatins within the Internet Banking Service, Yu create a unique User ID and Passwrd t access the BPMA Internet Services during the enrllment prcess alng with persnal identifying infrmatin that will be validated by the BPMA befre activating yur service. Yur are als required t establish challenge questins t be used as authenticating factrs by the Internet Banking Service. Fr yur prtectin, we encurage yu t peridically change yur Passwrd. Yur User ID, Passwrd and challenge questins must be kept cnfidential and secure since these are yur Electrnic Signatures which prvide access t yur Eligible Accunts via the BPMA Internet Services. By using the service r by signing the applicatin yu are authrizing the Bank t rely n yur User ID and Passwrd t identify yu when prviding banking services t yu. It is yur respnsibility t secure, prtect and maintain in strict cnfidence yur User ID and Passwrd. Yur User ID and Passwrd shuld never be disclsed t unauthrized persns and shuld nt be written dwn. Yu shuld never leave yur accunt infrmatin displayed in an area accessible by thers and shuld never leave a lgged n terminal unattended while using the BPMA Internet Services. T prevent unauthrized access, users must sign ff the system as sn as their task is finished. BPMA retains the right after a perid f n activity t autmatically lg yu ff the system, but BPMA shall nt be liable t yu fr failure t d s. The BPMA Internet Services has a feature that autmatically disables a User ID after three (3) cnsecutive unsuccessful lg n attempts have been made using an incrrect User ID and/r Passwrd. The BPMA Internet Services utilizes a security feature that will prmpt the user t answer ne f their security challenge questins, and yu must prvide the crrect respnse t such challenge questin(s) in rder t be restred in the system. We reserve the right t blck access t the Internet Banking Service t maintain r restre security t ur site and systems, if we reasnably believe yur access cdes have been r may be btained r are being used r may be used by unauthrized persn(s). Ntwithstanding ur effrts t insure that the Internet Banking Service is secure, yu acknwledge that the Internet is inherently insecure and that all data transfers, including electrnic mail, ccur penly n the Internet and ptentially can be mnitred and read by thers. We cannt and d nt warrant that all data transfers utilizing the BPMA

6 Internet Services, the BPMA website, r transmitted t and frm us, will nt be mnitred r read by thers. Electrnic Mail Yu can use electrnic mail t cntact us abut inquiries, maintenance and/r prblem reslutin issues. Electrnic mail is nt a secure methd f cmmunicatin ver the Internet and we recmmend yu d nt send cnfidential infrmatin by electrnic mail. Reprting Unauthrized Transactins Yu are respnsible fr all transfers and bill payments yu authrize using the BPMA Internet Services, including thse made by Authrized Persns. Yu are slely respnsible fr ntifying us immediately if yu think yur User ID r Passwrd has been lst r stlen. If yu believe that an unauthrized transactin has been r may be cnducted frm ne f yur Eligible Accunts r, if yu believe that yur User ID r Passwrd have becme lst r stlen r have becme knwn t an unauthrized party, yu must ntify us immediately. Yu may ntify us by cntacting Custmer Service area at (305) , r sending a fax t us at (305) , r yu may e mail us at Custmer.Service@pichinchamiami.cm r write t us at: Banc Pichincha Miami Agency Internet Banking 396 Alhambra Circle, Penthuse 2 Cral Gables, Flrida Calling us immediately will help yu prevent and/r reduce pssible lsses. T the extent a transactin is an electrnic funds transfer, yu can nly lse $50.00 if yu ntify us within tw (2) business days f discvering any unauthrized use f the services r yur access cdes. Hwever, yu can lse as much as $ if yu d nt ntify us within tw business days f discvering the unauthrized use and we can prve that we culd have stpped the unauthrized use had we been ntified earlier. If yu think that an electrnic transactin shwn n yur mnthly statement is incrrect, r if yu believe an unauthrized transactin has taken place, yu must cntact us as sn as pssible. We must be ntified within 60 days after any such statement is mailed r electrnically transmitted t yu. By cntacting us, yur liability fr unauthrized transactins will nt exceed $ Hwever, yu risk unlimited lsses n transactins made after the 60-day perid if we can prve that we culd have prevented the unauthrized use had we been ntified within the 60-day perid. 7. CONFIDENTIAL INFORMATION BPMA shall use its best effrts t hld in strict cnfidence and nt t disclse, ther than t its emplyees, agents and/r certain third parties utside f BPMA, infrmatin relating t the yur accunts and transactins received by BPMA in the curse f rendering the BPMA Internet Services, except t the extent disclsure is requested r authrized by yu; is necessary fr, r wuld assist in, a transactin yu requested r initiated r is required by legal prcess r by any regulatry r supervisry authrity. Yu acknwledge and agree that BPMA may emply third party servicers, agents and/r independent cntractrs t perfrm the BPMA Internet Services, and yu agree that

7 BPMA shall nt be liable fr any disclsure f yur infrmatin made by such third party servicers, agents and/r independent cntractrs. Fr additinal infrmatin abut ur privacy practices, please see BPMA s Privacy Plicy, as same may be revised frm time t time by BPMA. Yu understand and acknwledge that the disclsure f infrmatin abut yur accunts r the transfers yu make is gverned by such Privacy Plicy. This Privacy Plicy has been prvided t yu by BPMA and appears n the BPMA Internet Services fr yur review. Yu acknwledge that the IBS Materials are prprietary t BPMA and are prvided by BPMA t yu fr use exclusively in accrdance t the license granted by BPMA t yu herein, and yu will hld the IBS Materials in strict cnfidence and nt disclse all r any prtin f them t any persn ther than yur agents r emplyees and nly n an as needed basis in cnnectin with yur use f the BPMA Internet Services in accrdance with the terms f this Agreement. 8. THIRD-PARTY WEBSITES AND/OR PRODUCTS AND SERVICES Our website may prvide links t third-party websites, which are nt under the cntrl f BPMA. BPMA makes n representatins abut third-party websites. When yu access a nn-bpma website, yu d s at yur wn risk. BPMA is nt respnsible fr the reliability f any data, pinins, advice, r statements made n third-party websites. BPMA prvides these links merely as a cnvenience. The inclusin f such links des nt imply that BPMA endrses, recmmends, r accepts any respnsibility fr the cntent f such websites. BPMA s website may mentin third-party prducts and services fr infrmatinal purpses. BPMA makes n recmmendatins r endrsements abut third-party prducts and services. 9. AVAILABLE SERVICES Depending n the features yu select, yu can use the BPMA Internet Services fr the fllwing services, amng thers: a. Accunt Infrmatin: Yu may btain an accunt summary, interim statements, and accunt transactin histry fr up t six mnths depending n the Eligible Accunt. b. Transfers: Subject t the restrictins set frth in this Agreement, yu may transfer funds t and frm any f yur Eligible Accunts, frm yur Eligible Accunts t yur accunts at ur Head Office in Quit, Ecuadr, and frm yur Eligible Accunts t third party accunts at ther financial institutins. Per transfer limits may apply t all transfers f funds frm yur Eligible Accunts. An additinal transfer authenticatin prcedure needs t be applied separately fr funds transfer instructins. c. Stp Payments: Yu may place a temprary stp payment rder n any f yur Eligible Accunts. Yu are respnsible, hwever, fr verifying that the check yu wish t place a stp payment n has nt yet been cleared. Regular fees apply fr every stp payment rder. Yu will need t prvide yur Digital Certificate and/r user ID and PIN and specify the number f the check. Stp payments placed thrugh the BPMA Internet

8 Services will be in frce and effect slely fr a perid f 24 hurs frm the time f receipt, and need t be ratified in writing by yu t the Bank within such perid in cnfrmance with the terms and prvisins f the Accunt Agreement gverning yur accunt(s) at BPMA. If the Stp Payment rder is nt ratified t the Bank in writing within such 24 hurs, it will be autmatically canceled. d. Cmmunicatins: Yu may send us nline messages and questins cncerning yur Eligible Accunt(s) and the BPMA Internet Services. e. Bill Payments: Subject t the restrictins set frth in this Agreement, yu may rder Bill Payments frm any f yur Eligible Accunts t any third party at ther U.S. financial institutins. Bill Payments may be in the frm f an ACH payment r via paper check. 10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY NEITHER WE, NOR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS MAKE ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, TO YOU REGARDING THE BPMA INTERNET SERVICES AND/OR THE IBS MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OR TRADE. WE DO NOT AND CANNOT WARRANT THAT THE BPMA INTERNET SERVICES WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL OF THE BPMA INTERNET SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. BPMA S SOLE RESPONSIBILITY/LIABILITY FOR ANY ERRORS, ACTS OR OMISSIONS IN CONNECTION WITH THIS AGREEMENT AND/OR THE BPMA INTERNET SERVICES SHALL BE LIMITED TO THE CORRECTION, AT NO ADDITIONAL CHARGE TO YOU, OF ANY ERRONEOUS DEBITS OR CREDITS TO YOUR ACCOUNT AT BPMA. FURTHERMORE, BPMA'S SOLE RESPONSIBILITY/LIABILITY IN THE EVENT OF ANY PROBLEM WITH THE IBS MATERIALS, AND IN PARTICULAR WITH THE BPMA INTERNET COMPUTER SOFTWARE, SHALL BE LIMITED TO THE CORRECTION, AT NO ADDITIONAL CHARGE TO YOU, OF THE PROBLEM WITH THE IBS MATERIALS. EXCEPT FOR THE CORRECTION OF ERRORS AND/OR PROBLEMS AS PROVIDED IN THE PRECEDING SENTENCES, BPMA SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING FROM OR UNDER THIS AGREEMENT, FROM YOUR USE OF THE BPMA INTERNET SERVICES AND THE IBS MATERIALS, AND/OR FROM BPMA S TERMINATION OF THIS AGREEMENT AND THE BPMA INTERNET SERVICES, REGARDLESS OF THE FORM OF ACTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL BPMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVE BE LIABLE FOR: (A) ANY FAILURE OR DELAY IN PROVIDING THE BPMA INTERNET SERVICES ARISING FROM ANY CAUSE BEYOND BPMA S REASONABLE CONTROL, INCLUDING WITHOUT

9 LIMITATION, STRIKES, LOCKOUT, RIOT, WAR, GOVERNMENTAL REGULATION, COMMUNICATION LINE FAILURE, EQUIPMENT MALFUNCTION, FAILURE OF BPMA S SERVICERS, AGENTS OR INDEPENDENT CONTRACTORS TO PERFORM, OR ACTS OF GOD; AND/OR (B) ANY INDIRECT, INCIDENTAL SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS AND/OR DAMAGE WHATSOEVER, EVEN IF BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND/OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN ACTION, IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF BPMA AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH THE BPMA INTERNET SERVICES. 11. INDEMNITY Yu hereby agree t indemnify and hld BPMA harmless frm and against any and all liabilities, bligatins, lsses, damages, penalties, actins, judgments, suits, csts and expenses, including withut limitatin, reasnable attrney s fees (and attrney s fees incurred n appeal), and any ther csts r disbursements f any kind r nature whatsever, by whmever brught r caused, which may be impsed upn, incurred by, r asserted against BPMA, in any way relating t, arising ut f, r in cnnectin with: (a) this Agreement; (b) the use f the BPMA Internet Services and the IBS Materials; and/r (c) any unauthrized use f the BPMA Internet Services by persns gaining access theret frm r thrugh yu. This prvisin shall survive the terminatin f this Agreement. 12. FUNDS TRANSFER AND OTHER PROTECTED TRANSACTIONS Ntwithstanding any terms r prvisins f this Agreement t the cntrary: (a) all funds transfer transactins instructins, bill payments and/r any kind f instructins cmmunicated by yu t BPMA via the BPMA Internet Services shall cntinue t be gverned by the terms and cnditins f the Accunt Agreement entered int between yu and BPMA, and withut limiting t the freging, funds transfers shall be subject t the security prcedures designated by yu fr funds transfer transactins; and (b) all letter f credit and ther credit facility instructins cmmunicated by yu t BPMA via the BPMA Internet Services shall cntain the prper verificatin infrmatin required by Bank t verify the authenticity f such instructins. 13. INTERNET BANKING FEE The Bank reserves the right t charge a Mnthly Fee and/r Usage Fee assciated with the use f the BPMA Internet Services. The Bank will ntify yu in writing f any changes in the BPMA Internet Services charges and fees structure. If the Bank chses t charge a fee, yu authrize us t autmatically deduct all applicable charges and fees frm any f yur Eligible Accunts and nce yu are an enrlled user f the Internet

10 Banking Service, yu will be charged an applicable Mnthly Fee and/r Usage Fee whether r nt yu use the services. 14. INACTIVITY If yu d nt lg n t the Internet Banking Service r have nt had any scheduled payments t be prcessed thrugh such system ver a perid f ninety (90) days, yur service may be canceled r suspended by BPMA, at its sle discretin. 15. OUR RESPONSIBILITY We, r a third party acting as ur agent, are respnsible fr cmpleting fund transfers frm yur Eligible Accunt(s) n time accrding t yur prperly entered and transmitted instructins. Hwever, neither the service prvider nr we will be liable: If yu d nt have adequate mney in a depsit accunt t cmplete a transactin frm the accunt, r if the accunt has been clsed. If yu have nt prperly fllwed sftware instructins n hw t make a transfer. If yu have nt given cmplete, crrect and current instructins s that a transfer can be made. If withdrawals frm any Eligible Accunt has been prhibited by a curt rder such as garnishment r ther legal prcess. If we, r ur agent reasnably believe that a transactin may be unauthrized, and based theren, the transactin is nt cmpleted. If yur equipment and/r the sftware were nt wrking prperly and this prblem shuld have been apparent t yu when yu attempted t authrize a transfer. If circumstances beynd ur r ur agent's cntrl prevent us frm making a transfer, despite reasnable precautins that we have taken. Such circumstances include, but are nt limited t, cmputer failure, telecmmunicatin utages, pstal strikes and ther labr unrest, delays caused by payees, fires, flds, and ther natural disasters. If the transfer wuld cause yur balance t g ver the credit limit f an established line f credit r the credit limit fr any credit arrangement set up t cver verdrafts. If yu, r anyne authrized by yu, cmmits any fraud r vilates any law r regulatin. There are ther exceptins t ur liability as stated in the Accunt Agreement entered int between yu and BPMA. 16. HOURS OF OPERATION Our Custmer Service persnnel will be available t assist yu during business days frm 8:45 a.m. t 5:00 p.m. EST r EDT, as applicable. Even thugh yur funds transfer

11 instructins can be prcessed nly n business days, yu can use the Internet Banking Service twenty fur (24) hurs a day, seven (7) days a week, except during perids f emergency r any scheduled maintenance perids. 17. PRIVACY Our Privacy Plicy describes persnal infrmatin we may cllect abut yu, including yur name, address, telephne number, and ther infrmatin we receive frm yu, infrmatin abut yur Accunt and transactins, and infrmatin we receive frm credit reprting agencies and ther surces. Yu authrize us t disclse this infrmatin t affiliates and nnaffiliated third parties as permitted by applicable law except as yu r we limit thse disclsures under the terms f ur Privacy Plicy. We prvide a cpy f ur Privacy Plicy with this the Accunt Agreement and will prvide it thereafter as required by applicable law. We are authrized t release any infrmatin and/r dcumentatin relevant t yu and/r any Accunt that is requested by a gvernmental authrity (whether lcal, state r federal); r by any third party pursuant t any Prcess (hereafter defined). If authrized by Custmer in writing, Bank shall have the right t reprt infrmatin abut yu and/r any Accunt t any cnsumer reprting agency, bank r financial institutin, as well as t any persn r entity t whm yu give Bank as a reference. Bank is authrized t state t third parties purprting t have an item drawn n an Accunt whether such Accunt has a cllected balance sufficient fr payment f the item. 18. SEVERABILITY If any prvisin f this Agreement is vid r unenfrceable in any jurisdictin, such ineffectiveness r unenfrceability shall nt affect the validity r enfrceability f any ther prvisin f this Agreement in that r any ther jurisdictin. 19. NO SIGNATURE REQUIRED When any payment r ther nline service generates items t be charged t yur accunt, yu agree that based n yur secured nline request, we may debit any f yur designated Eligible Accunt r the accunt n which the item is drawn withut requiring yur signature n the item, and withut prir ntice t yu. 20. AMENDMENTS We have the right t change any part f this Agreement at any time, and we can add, change, r delete fees and ther prvisins relating t the Internet Banking Service, and t the nature, extent and enfrcement f the rights and bligatins yu may have under this Agreement. If required by law, we will give yu written ntice (either by mailing it t yu t yur last knwn address r by psting in a cnspicuus place at BPMA s ffice) that will explain what is being changed prir t the effective date f the change. Yur

12 cntinued use f the Internet Banking Service n r after the effective date f any change r amendment will indicate yur cncurrence with such changes r amendments. 21. WAIVER We may waive any term r prvisin f this Agreement at any time r frm time t time, but any such waiver shall nt be deemed a waiver f the term r prvisin in the future. 22. BINDING NATURE This Agreement shall be binding upn yur heirs, successrs in interest and assigns. 23. FORCE AND EFFECT This Agreement shall remain in full frce and effect at all times hereafter unless subsequently terminated pursuant t its prvisins. Neither yur signature r that f BPMA shall be required n this Agreement t give frce and/r effect theret. 24. CAPTIONS The use f captins and/r headings in this Agreement are fr cnvenience nly and are nt part f this Agreement. Accrdingly, they shall nt affect the meaning r interpretatin f any f the prvisins heref. 25. GOVERNING LAW This Agreement and the perfrmance hereunder shall be gverned by and cnstrued in accrdance with all applicable laws f the State f Flrida and the United States f America. 26. FORUM All actins, suits r prceedings arising ut f this Agreement, an Eligible Accunt r any transactin between yu and the Bank relating t the Internet Banking Service shall be subject t the nn-exclusive jurisdictin f the state and federal curts situated in Miami-Dade Cunty, Flrida. 27. PERSONAL JURISDICTION With respect t any such actin, suits r prceeding, yu hereby expressly and irrevcably (1) submit t the nn-exclusive jurisdictin f such curts t the fullest extent permitted by law; (2) waive any right t assert that this Agreement may nt be enfrced in r by such curts, and yu agree nt t seek and hereby expressly waive any review by any curt f any ther cuntry r jurisdictin which may be called upn t grant an enfrcement f the judgment f any such curt; (3) waive any bjectin it may nw r hereafter have based upn imprper venue r frum nn cnveniens with respect t such

13 actins, suits r prceedings in such curts; and (4) agree that service f prcess may be made upn yu by service persnally upn any fficer f yu r upn yu at yur address by registered r certified mail, return receipt requested (with such service t be deemed effective when delivered r when delivery is refused), and yu hereby waive cmpliance by BPMA with any requirement r applicable law which may require service t be made in any ther manner. Final judgment against yu (a certified r exemplified cpy f which shall be cnclusive evidence f the fact and f the amunt f any indebtedness f yu hereunder r thereunder) in any such actins, suits r prceedings shall be cnclusive and may be enfrced in any ther jurisdictin by suit n the judgment. Nthing herein shall be deemed t preclude r in any way limit the right f BPMA t sue r take any actin against yu in any tribunal wherever lcated having jurisdictin ver yu r any f yur assets r prperties. 28. ASSIGNMENT This Agreement may nt be assigned by yu withut BPMA s prir written cnsent, and any assignment withut such cnsent shall be null and vid. BPMA may assign the rights r delegate the duties under this Agreement t a cmpany affiliated with us r t any ther party. 29. TERMINATION Except as prvided by the inactivity sectin f this agreement, either party may terminate this Agreement and any service prvided hereunder at any time upn giving at least ten (10) business days prir written ntice f terminatin t the ther party. If yu terminate the service, yu authrize us t cntinue making fund transfers r ther transactins yu have previusly authrized until we have a reasnable pprtunity t act upn yur terminatin ntice. Once we have acted upn yur terminatin ntice, we will make n further transfers r ther transactins frm yur Eligible Accunt(s), including any funds transfers yu had previusly authrized. We reserve the right t terminate r t discntinue supprt f any sftware r equipment withut written ntice. Yu will remain respnsible fr all utstanding fees and charges incurred befre the date f cancellatin. 30. ENTIRE AGREEMENT This Agreement cntains the cmplete understanding between yu and BPMA n the matters set frth herein and it supersedes all prir r cntempraneus agreements r understandings n such matters. 31. CONSENT TO ELECTRONIC DELIVERY OF NOTICES Yu agree that any ntice r ther type f cmmunicatin prvided t yu pursuant t the terms f this Agreement, and any future disclsures required by law, including electrnic fund transfer disclsures, may be made electrnically by psting the ntice n the BPMA

14 Internet Services website r by . Yu agree t ntify us immediately f any change in yur address. 32. WAIVER OF JURY TRIAL YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING OR LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, ARISING OUT OF OR OTHERWISE RELATED TO, THIS AGREEMENT AND ITS SUBJECT MATTER, YOUR USE OF THE INTERNET BANKING SERVICE AND IBS MATERIALS OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO OR RELEVANT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR BPMA TO OFFER YOU THE INTERNET BANKING SERVICE. Miami, Flrida, U.S.A. February 2015