Capital Bank Individual Online Banking Agreement

Transcription

1 What This Agreement Cvers This Agreement between yu and Capital Bank, SSB (Capital Bank) gverns the use f Online Banking services (the Agreement ). These services permit Capital Bank custmers (cnsumers, sle prprietrs and ther business custmers) t perfrm a number f banking functins thrugh the use f a cmputer r, fr sme functins, a mbile device (e.g., tablet r smartphne). Unless indicated therwise by the cntext, "linked Capital Bank accunts" r "linked accunts" refers t all f yur accunts with Capital Bank r its affiliates that yu have linked t Online Banking. Accepting the Agreement When yu use any f the Online Banking services described in this Agreement, r authrize thers t use them, yu agree t the terms and cnditins f this entire Agreement and t thse f any related agreements gverning any particular services prvided thrugh Online Banking. Relatinship with Other Agreements Yur use f Online Banking services may als be affected by the agreements between us fr yur linked Capital Bank accunts r fr ther services prvided t yu by the Bank r its affiliates ( Services ). When yu link an accunt t Online Banking services, yu d nt change the agreements yu already have with us fr that accunt. Yu shuld review thse agreements fr any applicable fees, fr limitatins n the number f transactins yu can make, and fr ther restrictins that might impact yur use f an accunt with Online Banking. T the extent that any prvisin in this Agreement, ther than a chice f law r venue prvisin, cnflicts with any prvisin f any ther underlying service r accunt agreement between us fr yur linked Capital Bank accunts, the prvisin in the underlying service r accunt agreement will be the cntrlling prvisin. Hwever, if the chice f law r venue prvisin in this Agreement cnflicts with the chice f law r venue prvisin in any ther underlying Service r Accunt agreement, the chice f law r venue prvisin in this Agreement will cntrl. Online Banking fr Cnsumers and Businesses Yu may use Online Banking t: Transfer funds between yur linked Capital Bank accunts (r between accunts at ther institutins) n either a ne-time r recurring basis, including as a payment t a linked installment lan r mrtgage. Transfer funds frm yur linked Capital Bank Accunt t Capital Bank depsit accunts f ther individuals. View current balance infrmatin fr yur linked Capital Bank accunts. Review available transactins fr yur linked accunts. 1

2 Perfrm self-service accunt maintenance such as re-rdering checks, rdering cpies f paid checks, requesting cpies f mnthly checking r saving statements, stpping payment n checks, changing address and phne, and changing yur Online ID and Online passcde. Send us secure nline mail messages and questins regarding yur Online Banking service. Sme f the abve services may nt be available fr certain accunts r custmers. Bill Payment In additin t the Online Banking features listed abve, Capital Bank custmers with eligible depsit accunts may als use the ptinal Bill Payment Service ( Bill Payment ). If yu are a Capital Bank custmer with a depsit accunt, yu may use Bill Payment t: Make ne-time r recurring payments nline frm yur linked checking accunt(s), and mney market depsit accunt(s) t cmpanies r individuals ( Payees ) that yu select. Use the e-bills feature t: Receive bills frm participating Payees View Payee bill summary and bill detail infrmatin. See the Terms and Cnditins fr Bill Payment at the fllwing link fr mre detailed infrmatin: Bill Payment Prcessing Capital Bank custmers with a depsit accunt may use Bill Payment in the fllwing manner: Payments can be scheduled frm linked checking and mney market savings accunts. Payments can be scheduled frm a persnal checking r mney market savings accunt maintained at anther financial institutin that yu have added thrugh Bill Payment. By ding s, yu certify that any accunt yu add thrugh Bill Payment is an accunt frm which yu are authrized t make payments, and any payment yu make using the Bill Payment will debit an accunt that yu are legally authrized t use. When yu add an accunt maintained at anther financial institutin, yu d nt change the agreements yu have with that financial institutin fr that accunt. Yu shuld review thse agreements fr any applicable fees, fr limitatins n the number f transactins yu can make, and fr ther restrictins that might limit yur use f such an accunt with the Bill Payment. Payments can be entered as a ne-time transactin, recurring transactins, r as payments that are autmatically scheduled upn the receipt f an e-bill. 2

3 Payments entered n ur system befre 5:00 p.m. MST n a bank business day will be scheduled and begin prcessing n the same bank business day. Payments that are entered after this cut-ff time r n a day that is a nn-bank business day will be scheduled and prcessed the next bank business day. Scheduled recurring payments that fall n a weekend r a nn-bank business day will be prcessed n the prir bank business day. Yu authrize us t make payments in the manner we select frm the fllwing methds, amng thers: Electrnic Transmissin Electrnic-t-Check Payment Laser Draft Payment Fr all details relating t terms and cnditins f Bill Payment, please visit the fllwing link: E-Bills E-Bills is a feature f Bill Payment that enables yu t receive bills electrnically frm participating Payees. Apprval f e-bills Participating Payees establish their wn criteria fr reviewing requests t receive e- Bills and have sle discretin t accept r decline yur request. We d nt participate in this decisin. Accessing e-bills frm a Third Party In sme cases we btain the e-bill frm the web site f the Payee. T d s, we will ask yu fr infrmatin needed fr this purpse, such as any required passwrd. When yu prvide this infrmatin, yu authrize us t access the third party web site t retrieve the accunt infrmatin n yur behalf, and yu appint us yur agent fr this limited purpse. Timely Delivery and Cntent f e-bills We take n respnsibility if (a) a Payee des nt prvide the necessary data t frward an e-bill in a timely manner, r (b) the cntent r data cntained in the e-bill is nt accurate r cmplete. If yu d nt receive an e-bill, r if the e-bill cntains inaccurate r incmplete infrmatin, it is yur respnsibility t cntact the Payee directly. We are nt respnsible fr any late charges r ther adverse cnsequences. Any questins regarding the cntents f yur e-bill shuld be directed t yur Payee. Stp e-bills 3

4 All parties have the right t cancel the service at any time. We will ntify yu if Capital Bank r a Payee discntinues e-bills. If yu request that an e-bill be discntinued, we require seven (7) bank business days fr the Payee t receive and prcess the request. Privacy When yu establish e-bills with a participating Payee yu will prvide certain infrmatin that will be frwarded nt the Payee t cmplete yur enrllment. If yu have cncerns abut the future use f this infrmatin yu shuld cntact yur Payee directly. Participatin by Payees Occasinally a Payee may chse nt t participate in Bill Pay, r may require additinal infrmatin befre accepting payments. If the Payee refuses t accept an electrnic r check payment frm the Bank, r if we determine that the Payee cannt prcess payments in a timely manner, we may decline future payments t this Payee. In the unlikely event that this ccurs, we will prmptly send yu a ntice. Any bligatins that yu wish t pay thrugh Online Banking with Bill Pay must be payable in U.S. dllars t a Payee lcated in the United States. We reserve the right t restrict categries f Payees t whm payments may be made using the service. Yu shuld nt use the service t make: Tax payments Curt-rdered payments Payments t settle securities transactins Ppmney SM In additin t the services listed abve, Ppmney SM allws yu t send mney frm yur Capital Bank checking r savings accunt t anther Capital Bank custmer r a custmer f anther U.S.-based bank by using a recipient's address r mbile phne number. Anther Capital Bank custmer r a custmer f a different U.S. based bank may als send mney t yur persnal r small business accunt using yur address r mbile phne number. Please nte that there are dllar amunt and ther limits fr these transfers that may differ frm the ther Services. Fr mre detailed infrmatin n Ppmney SM, please see the fllwing Terms and Cnditins at the link prvided here: Descriptin f Ppmney SM Service and Cnsent Ppmney SM allws yu t send mney frm yur Capital Bank persnal checking r savings 4

5 accunt t anther Capital Bank custmer r a custmer f anther U.S.-based bank by using a recipient's address r mbile phne number. Anther Capital Bank custmer r a custmer f a different U.S.-based bank may als send mney t yur persnal r small business accunt using yur address r mbile phne number. In rder t send r receive mney transfers, yu must register thrugh Online Banking frm yur cmputer r Mbile Banking frm yur mbile device. Recipients f yur mney transfers must als register with Capital Bank r anther bank participating in Ppmney SM. Once registered, yu may send a mney transfer using Online Banking by entering the address r mbile phne number f the recipient. In additin, mney sent t yur address r mbile number will be depsited int the persnal r small business accunt yu designated when yu registered fr the service. By participating in Ppmney SM, yu are representing t us that yu are the wner r yu have the authrity t act n behalf f the wner f the mbile phne number r address yu are using t send r receive messages regarding mney transfers. In additin, yu are cnsenting t the receipt f s r autmated text messages frm Capital Bank, r its agent, including text messages initiated by an aut-dialer, regarding the transfers. Yu represent t us that yu have als btained the cnsent f the recipients f yur intended transfers t the receipt f such s r autmated text messages, including text messages initiated by an autdialer. Fr mre detailed infrmatin cncerning Ppmney SM, please visit the fllwing link t view all Terms and Cnditins f Ppmney SM : Accunt Alerts We prvide custmizable alerts t share infrmatin with yu regarding yur accunts ( Alerts ). 1. Alerts are sent t yu fllwing imprtant accunt activities r when certain changes are made nline t yur Online Banking accunt, such as a change in yur r hme address, telephne number, Online ID r passcde, insufficient funds, r irregular card activity. Althugh yu may have the ptin t suppress sme f these Alerts, we strngly recmmend that yu d nt d s, since they prvide imprtant infrmatin related t yur nline security r accunt activities. 2. Alerts are subject t the fllwing: We may add new Alerts frm time t time, r cancel ld Alerts. We usually ntify yu when we cancel Alerts, but are nt bligated t d s. Alerts will be sent t the address yu have prvided as yur primary address fr Online Banking. Yu can als chse t have alerts sent t a secndary address, a mbile device that accepts text messages, r a mbile device that can receive ur Alerts. If yur address r yur mbile device's number changes, yu are respnsible fr infrming us f that change. While 5

6 Capital Bank des nt charge fr the delivery f the Alerts, please be advised that text r data charges r rates may be impsed by yur carrier. Changes t yur primary and secndary addresses will apply t all f yur Alerts. Yu understand and agree that yur Alerts may be delayed r prevented by a variety f factrs. We d ur best t prvide Alerts in a timely manner with accurate infrmatin. We neither guarantee the delivery nr the accuracy f the cntents f any Alert. Yu als agree that we shall nt be liable fr any delays, failure t deliver, r misdirected delivery f any Alert; fr any errrs in the cntent f an Alert; r fr any actins taken r nt taken by yu r any third party in reliance f an Alert. Because Alerts are nt encrypted, we will never include yur passcde r full accunt number in them. Hwever, Alerts may include yur name and sme infrmatin abut yur accunts. Depending upn which Alerts yu select, infrmatin such as yur accunt balance may be included. Anyne with access t yur r mbile device will be able t view the cntents f these Alerts. Transfers Prcessing f Transfer Requests Transfers can be made in tw ways, n a ne-time r n a recurring basis. One-time transfers may be may be initiated at the time f the transfer r scheduled fr a future date. The recurring transfer feature may be used when a set amunt is transferred at regular intervals. Fr example, a $100 transfer frm a checking t a savings accunt which ccurs every tw weeks. One-time transfers can be made frm a linked Capital Bank checking, savings, r mney market accunt t mst linked Capital Bank accunts. Scheduled and recurring transfers can be made frm a linked Capital Bank checking, savings, mney market, r credit card accunt t a linked checking r savings accunt. Transfers can be made frm a linked Capital Bank checking, savings, mney market r line f credit accunt t mst f yur ther checking, savings, r mney market accunts. Scheduled and Recurring Transfers Transfers scheduled fr a weekend r a nn-bank business day will be prcessed n the prir bank business day. All ther scheduled and recurring transfers will be prcessed frm the funding accunt at the beginning f the bank business day requested. 6

7 Fr mre detailed infrmatin n the A2A Transfer Service, please see the fllwing Terms and Cnditins at the link prvided here: Transfers frm Savings and Mney Market Depsit Accunts Federal regulatins and yur Depsit Accunt Agreement impse limits n the number f certain types f withdrawals and transfers yu can make each mnth frm a savings and mney market depsit accunt. Yu can make n mre than a ttal f six (6) autmatic r preauthrized transfers, telephne transfers, r Online Banking transfers r payments frm a savings r mney market depsit accunt during each mnthly statement cycle (each mnth fr savings accunts with a quarterly statement cycle). If checks r debit cards are allwed n the accunt, n mre than three f the six (6) transfers may be made by debit card purchase, check, r similar rder. If yu exceed these limits n mre than an ccasinal basis, we may cnvert yur accunt t anther type f accunt and yur accunt may n lnger earn interest. Each transfer r payment thrugh the Online Banking services frm yur savings r mney market depsit accunt is cunted as ne f the six (6) limited transfers that yu are permitted each statement perid. We recmmend that yu nt use a savings r mney market depsit accunt as yur bill payment accunt because f these limits n transfers. Please review yur Depsit Accunt Agreement fr mre infrmatin. Transfer/Payment Authrizatin and Sufficient Available Funds Yu authrize Capital Bank t withdraw, debit r charge the necessary funds frm yur designated accunt in rder t cmplete all f yur designated transfers and payments. Yu agree that yu will instruct us t make a withdrawal nly when a sufficient balance is r will be available in yur accunts at the time f the withdrawal. The cmpletin f a transfer r payment is subject t the availability f sufficient funds (including any verdraft prtectin plans) at the time the transactin is psted. If enugh funds t cmplete the transfer r payment are nt available, we may either (i) cmplete the transactin and verdraw the accunt r (ii) refuse t cmplete the transactin. In either case, we may charge an insufficient funds, returned item, verdraft, r similar fee. Please refer t yur Depsit Accunt Agreement fr details. If yu schedule a payment frm an accunt maintained at anther financial institutin and there are insufficient funds in that accunt, yu may be charged a fee by that financial institutin. At ur ptin, we may make a further attempt t issue the payment r prcess the transfer request. 7

8 Capital Bank is under n bligatin t infrm yu if it des nt cmplete a payment r transfer because there are insufficient funds r insufficient credit in yur accunt t prcess the transactin. In this case, yu are respnsible fr making alternate arrangements r rescheduling the payment r transfer within Online Banking. Limitatins and Dllar Amunts fr Transfers and Payments Please see the Terms and Cnditins f the A2A Transfer Service at the fllwing link fr detailed infrmatin n limitatins fr transfers and payments: Stpping Preauthrized Payments If yu have tld us in advance t make regular payments ut f yur accunt, yu can stp any f these payments by calling us at (855) , r writing t us at 8700 Mntana Avenue, El Pas, TX 79925, t request a payment stp at least three (3) bank business days r mre befre the payment is scheduled t be made. If yu call, we may als require yu t put yur request in writing and send it t us within furteen (14) days after yu call. (We may charge fees fr yur stp-payment rders). If yur regular payments may vary in amunt, we will tell yu at least ten (10) days befre each payment when it will be made and hw much it will be. Yu may chse instead t get this ntice nly when the payment wuld differ by mre than a certain amunt frm the previus payment, r when the amunt wuld fall utside certain limits that yu set. If yu rder us t stp ne f these payments three (3) bank business days r mre befre the transfer is scheduled, and we d nt d s, we will be liable fr yur lsses r damages. Online Statements We ffer nline statements fr certain accunts, allwing yu, in sme cases, t replace yur physical statement with an electrnic versin that yu can access via ur website. Statements delivered t yu nline nly will remain available fr eighteen (18) mnths. Any legal ntices r disclsures that nrmally accmpany yur physical statement r that we wuld therwise deliver t yu by mail cncerning yur accunt may be delivered t yu electrnically. At any time and at n charge, yu can change the way we send yur accunt statements by changing yur delivery preferences n ur website, selecting frm amng the available ptins fr that accunt. Available ptins may vary. When yu change yur statement delivery ptin, the change will take effect after we have had a reasnable pprtunity t implement the change. When yu tell us t stp sending yu physical statements, we'll send yu an r Alert every statement cycle t let yu knw that yur current electrnic statement is ready t be viewed 8

9 nline. Changing the way we send yur accunt statements als authrizes us t send yu ther disclsures and cmmunicatins cncerning yur accunt using the same methd. We always reserve the right t cmmunicate with yu in writing using the U.S. Pstal Service, n matter what ther ptins yu have chsen. Fr Accunts that are in default r subject t the autmatic stay in bankruptcy, we may, at ur sle ptin, elect t discntinue delivering nline statements t yu. Accunt Statements We reprt yur Online Banking and Transfers Outside Capital Bank transactins n the mnthly statements fr yur linked accunts. A descriptin f each transactin, including whm yu paid, and the date and amunt f the transactin will appear n yur statement. Other Charges In additin t the fees already described in yur Depsit Accunt Agreement, yu shuld nte that depending n hw yu access Online Banking, yu might incur charges fr: Nrmal accunt fees and service charges, as described in yur Depsit Accunt Agreement. Any Internet service prvider fees. Any wireless carrier fees. Purchase f cmputer prgrams such as persnal financial management sftware. Payments r transfers made thrugh Online Banking services frm a savings r mney market accunt may result in an excess transactin fee. See yur Depsit Accunt Agreement fr details. Additinally, fees may be assessed fr added self-service features available thrugh Online Banking custmer service, such as stp payment requests, check cpy rders and accunt statement cpy rders. Fr additinal infrmatin, please see yur Depsit Accunt Agreement. An insufficient funds, returned item, verdraft r similar fee, as described in yur Depsit Accunt Agreement, may als apply if yu schedule payments r transfers and yur available balance is nt sufficient t prcess the Online Banking transactin n the date scheduled. Service Hurs Online Banking services are available 365 days a year and 24 hurs a day, except during system maintenance and upgrades and ther times when the system is unavailable. When this ccurs, a message will be displayed n the site when yu sign n t Online Banking. Yu may als write us at: Capital Bank 8700 Mntana Avenue 9

10 El Pas, TX Business Days Fr Online Banking services, ur bank business days are Mnday thrugh Friday, excluding bank hlidays. Jint Accunts When yur Online Banking service is linked t ne r mre jint bank accunts, we may act n the verbal, written r electrnic instructins f any authrized signer. Jint bank accunts using the same Online ID will be identified as ne Online Banking accunt. Changes t Agreement We may change this agreement at any time. Fr example, we may add, delete r amend terms r services. We will ntify yu f such changes by mail r electrnic message. If yu initiate any transfer f funds r Bill Payment thrugh yur Online Banking services after the effective date f a change, yu indicate yur agreement t the change. Changes nly apply t transactins that ccur, and claims that arise, after the date the change becmes effective. Cancellatin Yur Online Banking services remain in effect until they are terminated by yu r Capital Bank. Yu may cancel yur service at any time by ntifying us f yur intent t cancel by: Writing t us at 8700 Mntana Avenue, El Pas, TX, 79925; Cntacting us thrugh Online Banking secure ; r Calling Online Banking custmer service at (855) Yur cancellatin applies t yur Online Banking services, and des nt terminate yur Capital Bank accunts. We recmmend that yu cancel any scheduled payments prir t ntifying us that yu are discntinuing the service. We may terminate yur participatin in Online Banking services fr any reasn, including inactivity, at any time. We will try t ntify yu in advance, but we are nt bligated t d s. Use f External Address With Online Banking services, we may send messages t yur external address and ntify 10

11 yu that respnses t yur payment inquiries r custmer service inquiries are available, r as therwise described within the Online Banking services. We cannt act n instructins sent by yu frm an external address. Yu shuld nly use Online Banking secure mail t send instructins t Capital Bank. In additin, yu shuld nt transmit any accunt, security credentials, r ther cnfidential infrmatin thrugh because may be an unsecured means f cmmunicatin and any infrmatin cntained in an is subject t the pssibility f errr, delay, bservatin, r receipt by an unintended r unauthrized party. If yu send such infrmatin by , yu assume all related risks. Because we may als use external t send imprtant ntices abut service and privacy changes, we require that every Online Banking custmer prvide us with a valid and current external address. Yu are respnsible fr prviding us with a valid address and yu may ntify us f any changes t yur external address thrugh the Custmer Service tab within yur Online Banking service. If, fr any reasn yur external address changes r becmes disabled, please cntact Capital Bank immediately s that we can cntinue t prvide yu with autmated messages. Unless therwise required by applicable law, if we are required t prvide yu with infrmatin in writing, we may, at ur ptin, send it electrnically either t yur address, pst the infrmatin n ur website and send yu a ntice a yur pstal address, address, r via an Alert (either separately r as part f an accunt statement) telling yu that the infrmatin has been psted and prviding instructins n hw t view it; r, t the extent permitted by law, by slely psting the infrmatin t ur website. Yu agree that we may frm time t time make telephne calls and send text messages t yu in rder fr us t: service yur accunts, cllect any amunt yu may we, r discuss ur relatinship, prducts, and services with yu. The ways we may call yu include using prerecrded/artificial vice messages and/r thrugh the use f an autmatic dialing device. We may call yu and send text messages t yu at any telephne number yu have prvided t us, including mbile/cellular telephne numbers that culd result in charges t yu. In the event yu ever withdraw this cnsent, and ntwithstanding that withdrawal, yu expressly authrize us t use any f the methds described abve t send yu messages cnfirming yur instructins sent t us via SMS text message, including a cnfirmatin frm us in the event yu withdraw yur cnsent. Cntact by Capital Bank r Affiliated Parties N Capital Bank, nr any cmpany affiliated with Capital Bank Online Banking, will cntact yu via r phne requesting yur Online ID r nline passcde. In additin, n Payee emplyee, r anyne affiliated with the Payee shuld cntact yu requesting this infrmatin. Yu shuld nt prvide this infrmatin t anyne in respnse t an r phne call. If yu are cntacted by anyne requesting this infrmatin, please cntact us immediately. 11

12 Reprting Unauthrized Transactins T reprt unauthrized transactins n yur accunt, r if yu believe a third party has btained yur Online Banking security credentials withut yur permissin, please call us immediately at (855) Yu may als write us at: Capital Bank 8700 Mntana Avenue El Pas, TX Initiating Payment Inquiries T initiate a payment inquiry, yu may use Online Banking services t send the request via secure nline mail. Or yu may cntact Online Banking Custmer Service by calling (855) and fllwing the vice prmpts t speak t a custmer service representative. Disclsure f Accunt Infrmatin We may disclse infrmatin t third parties abut yu r yur transactins in the fllwing instances: When it's necessary fr cmpleting transfers r bill payments, r t investigate r reslve a prblem related t a transfer r payment T verify the existence and cnditin f yur accunt fr a third party, such as a credit bureau r merchant T cmply with a gvernment agency r curt rders, r in cnnectin with fraud preventin r an investigatin If yu give us yur written permissin With ur affiliates as permitted under Federal and applicable state laws On a clsed accunt, if we reasnably believe yu have mishandled it Fr mre infrmatin abut ur privacy and security practices and a link t ur Privacy Plicy fr Cnsumers g t ur Web site at In Case f Errrs r Questins Abut Yur Electrnic Transactins If yu believe that an errr r an unauthrized transactin has been made regarding an electrnic funds transfer r any Online Banking service, r if yu have questins regarding an electrnic funds transfer r any Online Banking service, send us a secure nline mail message thrugh the Online Banking site r call us at (855)

13 Yu may als write us at: Capital Bank 8700 Mntana Avenue El Pas, TX Cntact us immediately if yu think: Yur statement r transactin recrd is wrng Yu need mre infrmatin abut a transactin listed n yur statement An unauthrized persn has discvered yur Online Banking passcde Smene has transferred r may transfer mney frm yur accunt withut yur permissin Bill payment transactins have been made withut yur authrizatin We must hear frm yu n later than sixty (60) days after we have sent the FIRST statement n which the prblem r errr appeared (r ninety (90) days if the prblem r errr relates t a bill payment frm an accunt maintained at anther financial institutin). If yu ntify us verbally, we may require yu t send us yur cmplaint r questin in writing r via within ten (10) bank business days (Online Banking custmers may use secure nline mail). When yu cntact us, please prvide the fllwing infrmatin: Yur name and accunt number The date and dllar amunt f the transactin in questin The name f the Payee if the transactin in questin is a payment The transactin number assigned by Online Banking, if available A descriptin f the transactin abut which yu are unsure Please explain as clearly as yu can why yu believe there is an errr r why yu need mre infrmatin. We will tell yu the results f ur investigatin within ten (10) bank business days after we hear frm yu, and we will prmptly crrect any errr we have made. If we need mre time, hwever, we may take up t frty-five (45) days t investigate yur cmplaint r questin. In this case, we will prvisinally credit yur accunt within ten (10) bank business days fr the amunt yu think is in errr, s that yu have the use f the mney during the time it takes us t cmplete ur investigatin. If we ask yu t put yur cmplaint r questin in writing, and we d nt receive yur letter in ten (10) bank business days, we reserve the right nt t prvisinally credit yur accunt. If we cnclude there was n errr, we will send yu a written explanatin within three (3) bank business days after we cmplete ur investigatin. Yu may request cpies f the dcuments that we used in ur investigatin. 13

14 Limitatin f Liability fr Online Banking Transactins Tell us at nce if yu believe yur Online Banking passcde has been cmprmised r if smene has transferred r may transfer mney frm yur accunt withut yur permissin. The best way t minimize yur lss is t call us immediately. The unauthrized use f yur Online Banking services culd cause yu t lse all f yur mney in yur accunts, plus any amunt available under yur verdraft prtectin plan. If yu tell us within tw (2) bank business days after yu learn that yur security credentials have been cmprmised r that an unauthrized transfer has taken place, yu can lse n mre than $50 if any such unauthrized transfer r use ccurred. If yu d nt tell us within tw (2) bank business days after yu learn that yur security credentials have been cmprmised r that an unauthrized transfer has taken place, and we can prve that we culd have stpped smene frm using yur infrmatin if yu had tld us, yu culd lse as much as $500 as a result. Yu will have n liability fr unauthrized transactins if yu ntify us within sixty (60) days after the statement shwing the transactin has been mailed t yu (r ninety (90) days if the transactin was frm an accunt maintained at anther financial institutin). If yu d nt, yu may nt get back any f the mney yu lst frm any unauthrized transactin that ccurs after the clse f the 60-day perid (r 90-day perid if the transactin was frm an accunt maintained at anther financial institutin), if we can shw that we culd have stpped the transactin if yu had ntified us in time. If a gd reasn (such as a lng trip r hspital stay) kept yu frm telling us, we may extend the applicable time perids. When yu give smene yur security credentials, yu are authrizing that persn t use yur service, and yu are respnsible fr all transactins that persn perfrms while using yur service. All transactins that persn perfrms, even thse transactins yu did nt intend r want perfrmed, are authrized transactins. If yu ntify us that the persn is n lnger authrized, then nly transactins that persn perfrms after the time yu ntify us are cnsidered unauthrized. Transactins that yu r smene acting with yu initiates with fraudulent intent are als authrized transactins. Fr yur prtectin, sign ff after every Online Banking sessin and clse yur brwser. Our Liability fr Failure t Cmplete Transactins If we d nt cmplete a transactin t r frm yur accunt n time, r in the crrect amunt accrding t ur Agreement with yu, we will be liable fr yur lsses r damages. Hwever, there are sme exceptins. Fr instance, we will nt be liable: If, thrugh n fault f urs, yu dn't have enugh available funds in yur accunt (r available funds under yur verdraft prtectin plan), r credit t cver the transactin r transfer 14

15 If Online Banking services weren't wrking prperly, and yu knew abut the malfunctin when yu started the transactin r transfer If circumstances beynd ur cntrl (such as fire r fld) prevented the transactin r transfer, despite reasnable precautins we've taken If there are pstal delays r prcessing delays by the Payee There may be ther exceptins nt specifically mentined here Acknwledgment f Cmmercially Reasnable Security Prcedures Yu will be required t create and maintain security credentials fr accessing Online Banking and perfrming transactins in accrdance with prcedures that we may establish frm time t time. We may als require additinal r special security prcedures fr specific types r classes f transactins, in ur sle and abslute discretin. Yu agree that we have n further bligatin t verify the identity f anyne using yur security credentials t access Online Banking. Yu agree that when using Online Banking, r perfrming transactins thrugh Capital Bank, we may track and recrd yur gegraphic lcatin. Yu agree that yu are slely respnsible fr maintaining yur cmputers, equipment, and sftware in gd wrking rder, including using up-t-date firewall and virus prtectin sftware, s that yu are able t interface with Capital Bank s systems and supprt Capital Bank s security prcedures. By using Online Banking, yu acknwledge and agree that the security prcedures that we emply are cmmercially reasnable. Yu agree t be bund by all instructins issued thrugh Online Banking using yur security credentials, whether authrized r unauthrized, which we act n in cmpliance with ur security prcedures, unless yu have given us prir ntice f pssible unauthrized use as described abve (and we have had a reasnable pprtunity t act n such ntice). Limitatin f Bank's Liability If we fail r delay in making a payment r transfer pursuant t yur instructins, r if we make a payment r transfer in an errneus amunt that is less than the amunt per yur instructins, unless therwise required by law, ur liability shall be limited t interest n the amunt that we failed t timely pay r transfer, calculated frm the date n which the payment r transfer was t be made until the date it was actually made r yu canceled the instructins. We may pay such interest either t yu r the intended recipient f the payment r transfer, but in n event will we be liable t bth parties, and ur payment t either party will fully discharge any bligatin t the ther. If we make a payment r transfer in an errneus amunt that exceeds the amunt per yur instructins, r if we permit an unauthrized payment r transfer after we have had a reasnable time t act n a ntice frm yu f pssible unauthrized use as described abve, unless therwise required by law, ur liability will be limited t a refund f the amunt errneusly 15

16 paid r transferred, plus interest theren frm the date f the payment r transfer t the date f the refund, but in n event t exceed (60) days' interest. If we becme liable t yu fr interest cmpensatin under this Agreement r applicable law, such interest shall be calculated based n the average federal funds rate at the Federal Reserve Bank in the Dallas District fr each day interest is due, cmputed n the basis f a 360-day year. Unless therwise required by law, in n event will Capital Bank be liable t yu fr special, indirect r cnsequential damages including, withut limitatin, lst prfits r attrney's fees, even if we are advised in advance f the pssibility f such damages. Please nte that if yu give r make available yur security credentials t anyne, yu may be liable fr any use made f such until yu advise us that such persn is nt authrized t use them. Severability If any part f this Agreement is declared invalid r unenfrceable, the remainder f the Agreement will nt be affected, and this Agreement will be interpreted as if the invalid terms had nt been in place. Gverning Law This Agreement is gverned by the laws f the State f Texas, withut regard t its cnflict f laws prvisins (except t the extent that this Agreement can and des vary such laws). Arbitratin Any disputes arising ut f this Agreement will be subject t arbitratin administered either by JAMS r the American Arbitratin Assciatin. The arbitratin shall take place befre a single arbitratr, selected pursuant t the applicable cmmercial r cnsumer arbitratin rules f the arbitratr. Whever starts the arbitratin prcedure will als have the ptin f reslving ur dispute thrugh a less cstly manner f binding nn-appearance-based arbitratin. If such an ptin is chsen, we agree t the fllwing: (i) that the arbitratin may be cnducted remtely (fr example, by telephne, videcnference, r similar simultaneus cmmunicatin medium); (ii) n party will be required t travel fr such an arbitratin unless we mutually agree therwise; (iii) n discvery is allwed except fr what the arbitratr determines is necessary t fairly reslve ur dispute; and (iv) n party is permitted t seek attrney s fees in any arbitratin claim arising frm this Agreement; t the extent such fees are nt required t be awarded under applicable law. In the event f any cnflict between r amng dispute reslutin prcedures between this Agreement and any ther agreement pertaining t the Services r any ther service ffered by Capital Bank, the terms and prcedures f such ther agreement shall cntrl. 16