THE HIGHLANDS BANK BUSINESS BANKING ON-LINE

Transcription

1 THE HIGHLANDS BANK BUSINESS BANKING ON-LINE CASH MANAGEMENT ONLINE BANKING SERVICES AGREEMENT without ACH origination SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 SECTION 22 SECTION 23 SECTION 24 SECTION 25 SECTION 26 SECTION 27 SECTION 28 AGREEMENT DEFINITIONS SYSTEM SERVICES ACCESS EQUIPMENT HOURS OF ACCESS AREA OF SERVICE FEES AND CHARGES SECURITY RESCINDING AUTHORIZATION BALANCE INQUIRIES TRANSFERS BETWEEN ELIGIBLE ACCOUNTS STOP-PAYMENT REQUESTS PERIODIC STATEMENTS IN CASE OF ERRORS OR QUESTIONS DISCLOSURE OF ACCOUNT INFORMATION AUTHORIZATION TO OBTAIN INFORMATION CHANGE IN TERMS ADDRESS CHANGES COLLECTION EXPENSES CUSTOMER REPRESENTATIONS AND WARRANTIES WARRANTIES DISCLAIMER AND LIMITATION OF LIABILITY TERMINATION ASSIGNMENT SEVERABILITY COMMUNICATIONS BETWEEN BANK AND YOU ELECTRONIC MAIL MESSAGES CONSENT TO ELECTRONIC DELIVERY OF NOTICES Section 1. Agreement This Agreement, which includes the Fee Schedule and Authorization Worksheets, is a contract that establishes the rules that cover your electronic access to your accounts at THE HIGHLANDS BANK ( BANK ) through THE HIGHLANDS BANK S BUSINESS ONLINE BANKING( SYSTEM ). By using the SYSTEM, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your accounts with The Highlands Bank as well as your other agreements with the Bank, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Louisiana (except to the extent this Agreement can and does vary from such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank s successors and assigns. Certain of the obligation of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of 1 P age

2 this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and the Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. By enrolling in The Highlands Bank Cash Management Business Online Banking Service ( Online Banking ), you agree to the addition of the following Rules for Business Accounts ( Rules ) governing your Accounts. Terms not otherwise defined have the meanings given to them in the Rules for Business Accounts ( Rules ) governing your Accounts. Online Banking allows you to transfer funds and review account activity using a personal computer ( PC ). Please read these additional rules carefully and retain them for your records. We have the right to change the Rules at any time by notice mailed or ed to you at the last address or address shown for your Primary Checking Account, as defined below, on our records as provided in the Rules, or as otherwise permitted by law. Section 2. Definitions As used in this Agreement, the words we, our, us and Bank mean THE HIGHLANDS BANK (a Louisiana Commercial bank) and any agent, independent contractor designee, or assignee The Highlands Bank may, in its sole discretion, involve in the provision of The Highlands Bank s Online Services. You and your refers to the business entity subscribing to or authorized to use The Highlands Bank s Online Banking. Account(s) means the Primary Checking Account and the deposit, loan and other accounts you have at The Highlands Bank to which you have access through Online Banking. Primary Account means the business checking account that you designate as your Primary Account on your Enrollment Form or as subsequently changed. Eligible Account means an account linked to Online Banking that does not have withdrawal restrictions, such as a certificate of deposit. Electronic funds transfers mean ATM withdrawals, preauthorized transactions, point of sale transactions, and transfers to and from your Bank accounts using the System, including bill payments. SYSTEM SERVICES mean the services provided pursuant to this Agreement. Business Days are Monday through Friday, except bank holidays. statements are the regular, periodic statements for your deposit accounts that we send to you electronically or by U.S. Mail. Section 3. SYSTEM SERVICES Online Banking is an electronic banking service available to you through a PC using an access method specified in Section 4. You can use the SYSTEM SERVICES to check the balances of your Bank accounts, view recent Bank account histories and transfer funds between your Eligible Accounts (see Section 2), make stop payment requests, make loan payments, or bill payment. You agree to limit the use of Cash Management Online Banking to legitimate business purposes incurred in the ordinary course of employment or agency with you and to take all necessary steps to ensure that Online Banking is used for no other purpose. Section 4. Access To use SYSTEM, you must have at least one business deposit account at the Bank, access to Internet service, and an address. Once we have received your signed Corporate Resolution and Authorization Worksheets, and verified your account information, we will send you, either by or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned login ID and temporary password. SYSTEM SERVICES can be used to access only the Bank accounts, which you have designated for access, by SYSTEM SERVICES in your Authorization Worksheets. The SYSTEM SERVICES can be used to access all accounts with The Highlands Bank on which your are designated as primary owner. You cannot delete any of the accounts with The Highlands Bank on which you are designated as primary owner from this Agreement. You can add accounts with The Highlands Bank on which you are designated as secondary owner or as authorized signer by calling us at , writing to us at P. O. Box 248, Jackson, LA 70748, Attn: Bookkeeping, or by ing us at ecorp@thbank.net. We undertake no obligation to monitor transactions through SYSTEM SERVICES to determine that they are made on behalf of the account holder. Online Banking can be accessed via the Internet. Please see our website for supported operation systems and browsers: The Internet web site for Online Banking will be 2 P age

3 provided at time of installation and can also be found on our website at No additional software is required for Internet access. Information is not stored on your PC unless you specifically download it to your PC. Section 5. Equipment THE COMPUTER REQUIREMENTS TO USE THE HIGHLANDS BANK CASH MANAGEMENT BUSINESS ONLINE BANKING SERVICES ARE AS FOLLOWS. IN THIS AGREEMENT, YOUR PERONAL COMPUTER, LAPTOP, PORTABLE COMPUTER, MOBILE HANDSET, INTERNET SERVICE PROVIDER, WEB BROWSER, ANY SOFTWARE, ANY TELECOMMUNICATIONS, AND ANY RELATED EQUIPMENT ARE REFERRED TO COLLECTIVELY AS YOUR COMPUTER. YOU ARE RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE, OPERATION, AND COSTS OF YOUR COMPUTER. BY ENROLLING IN THE HIGHLANDS BANK S CASH MANAGEMENT ONLINE SERVICES, YOU REPRESENT THAT YOUR COMPUTER HAS THE CAPABILITY TO RECEIVE ELECTRONIC MESSAGES AT THE ADDRESS YOU PROVIDE, THAT YOU ACCESS AND RETREIVE INFORMATION IN ELECTRONIC FORM AND THAT YOU CAN EITHER PRINT OR STORE THOSE MESSAGES AND INFORMATION. YOU AGREE TO INFORM US IF YOUR ADDRESS CHANGES. WE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER SIMILAR HARMFUL COMPONENT THAT MAY ENTER YOUR COMPUTER IN CONNECTION WITH THE USE OF THE HIGHLANDS BANK S ONLINE SERVICES OR OTHERWISE. AS PART OF THE HIGHLANDS BANK S ONLINE SERVICES, WE WILL PROVIDE YOU WITH THE PROPER UNIFORM RESOURCE LOCATOR (URL) TO DIRECT YOU TO THE LOCATION ON THE WEB SITE WHERE YOU MAY TRANSACT REMOTE BANKING ACTIVITIES. FROM TIME TO TIME, WE MAY RQUIRE THAT YOU UPGRADE OR INSTALL SOFTWARE ON YOUR COMPUTER. YOU AGREE TO PROMPTLY LOAD ANY SUCH UPGRADES OR SOFTWARE TO YOUR COMPUTER UPON OUR NOTIFICATION TO YOU OF SUCH UPGRADE OR SOFTWARE IN ORDER TO ENSURE PROPER OPERATION OF THE HIGHLANDS BANK S ONLINE SERVICES IN ORDER TO USE THE HIGHLANDS BANK S ONLINE SERVICES, YOU MUST ALSO HAVE AN INTERNET SERVICE PROVIDER (ISP) AND A WEB BROWSER THAT SUPPORTS THE LEVEL OF ENCRYPTION WE USE. WE MAY CHANGE THESE ENCRYPTION REQUIREMENTS FROM TIME TO TIME. IF YOU CANNOT OR DO NOT WANT TO UPGRADE, YOUR CONSENT TO AND USE OF THE HIGHLANDS BANK S ONLINE SERVICES WILL BE TERMINATED. WE RESERVE THE RIGHT TO PERFORM MAINTENANCE ON OUR EQUIPMENT OR SYSTEM SERVIESSERVIESON A REGULAR BASIS WHICH MAY RESULT IN INTERRUPTED SERVICE OR ERRORS IN THE USE OF THE HIGHLANDS BANK S ONLINE SERVICES. IT MAY BE NECESSARY FOR US TO CHANGE THE SCOPE OF THE HIGHLANDS BANK S ONLINE SERVICES TO MAINTAIN OR RESTORE SECURITY TO OUR WEB SITE AND SYSTEMS IF WE REASONABLY BELIEVE YOUR LOG-IN ID AND PASSWORD HAVE BEEN OR MAY BE OBTAINED OR ARE BEING USED OR MAY BE USED BY AN UNAUTHORIZED PERSON(S). WE WILL ATTEMPT TO PROVIDE PRIOR NOTICE OF SUCH INTERRUPTIONS, CHANGES OR DENIALS OF ACCESS BUT CANNOT GUARANTEE THAT SUCH NOTICE WILL BE PROVIDED. We are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power or telephone service; (b) disconnection of your telephone service by your local telephone company or from deficiencies in your line quality; (c)any defect or malfunction of your PC, modem or telephone service; or (d) The Highlands Bank s Online Banking systems. We are not responsible for any products or services relating to your PC, other than those specified herein. We also are not responsible for any damage to your PC, software, modem, telephone or other property resulting from the use of Online Banking including any damage resulting from a virus. Section 6. Areas of Access You can use the SYSTEM SERVICES even days a week, twenty-four hours a day, although occasionally some or all SYSTEM SERVICES may not be available due to emergency or scheduled SYSTEM SERVICES maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM SERVICES website. Section 7. Periods 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 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. 3 P age

4 Section 8. Fees and Charges The monthly fee for Cash Management Business Online Banking without ACH origination for Business Money Manager Accounts is included in the account monthly service charge as per your account disclosures. The monthly fee for Cash Management Business Online Banking without ACH origination for all other types of accounts is $10.00 per month. Service charges and fees provided for in the Schedule of Fees will apply and fees may change over time. Fees are described in our current Schedule of Fees. You are also responsible for all telephone, cable, satellite, or other telecommunications charges incurred in connecting to The Highlands Bank s Online Services and for charges by any Internet Service Provider providing connection to the Internet. Section 9. Security The Highlands Bank s Online Services are designed to safeguard your online transactions from unauthorized use. We use several levels of protection: A User Identification SYSTEM SERVICES (Log-in ID and MFA Token generated password, 4-digit PIN), MFA Token (Multi Factor Authentication), Three Security Challenge Questions, Extended Validation (EV) Certificate, and encryption of your information. When you enroll for The Highlands Bank s Online Services, you will be assigned a Log-in ID and password. YOU WILL BE REQUIRED TO CHANGE THIS PASSWORD AFTER INITIAL LOGIN TO A NEW PASSWORD WITH A MINIMUM OF 6 AND A MAXIMUM OF 8 CHARACTERS CONTAINING 4 ALPA AND 2 NUMERIC CHARACTERS (after your MFA token is set up, the one-time password and 4-digit PIN will be used). You will be issued a MFA token and activation is required within 10 business days. Prior to activation, you will use your Log-in ID and Password. After activation, you will required to use your Log-in ID, token generated one-time password and 4-digit PIN. MFA Token Activation: 1. Log into your account 2. Select options 3. Activate your token 4. Enter in the token serial number (located on the back of the token) 5. Press the button on the token and enter the one-time password 6. Enter a 4-digit PIN of your own (this PIN will be used each time you login) 7. Enter a security question and answer After activation, you will continue to use your same Log-in ID, but will generate a one-time password using your MFA token by pressing the button on the token. Enter the value for the password followed by your 4-digit PIN and then login. A 4-digit number will be displayed on the screen, you should then press the token button again and an identical 4-digit number will be displayed on the token. If these two 4-digit numbers do not match, do not input any more information. Do not proceed with your online session. Contact us immediately. Your Log-in ID, one-time password, and 4 digit PIN identify you and the accounts or functions you are allowed to access. You will be asked to supply your Log-in ID, one-time password, and 4-digit PIN each time you use The Highlands Bank s Online Services. No one can access your account information without supplying the correct Login ID, one-time password, and 4-digit PIN. Access to Online banking will be blocked in the event of a one-time password and/or 4-digit PIN is entered incorrectly on three (3) consecutive attempts. If this happens, please call The Highlands Bank s Online Support at P age

5 Each time you login, you can verify the site s identity and security by looking for the green website address bar above. The Extended Validation (EV) certificate triggers web browsers to display a green address bar and our site provider s name (Fiserv, Inc.). If you do not see Fiserv, Inc. in green, do not input any more information. Do not proceed with your online session. Contact us immediately. At the time of your initial login you will be prompted to choose a 4-digit PIN and to provide answers to three challenge questions. Please use answers that you will remember exactly if you should be prompted to answer them again in the future. These answers in conjunction with your Log-in ID, one-time password, and 4-digit PIN confirm your identity to us. Our SYSTEM SERVICES can identify the IP address of the computer being used to access your account information. If it is not a computer you have already registered as a trusted computer of if it is a public, non-registered computer, you will be prompted to answer the challenge questions. If the correct answers are not provided, access will be denied to your information. To help safeguard your PIN or MFA token, you should keep it confidential. You agree not to give your PIN or MFA token, or make them available, to any other person. We are entitled to act on transaction instructions received using your Log-in ID, one-time password & PIN, and you agree that the use of your Log-in ID, one-time password & PIN will have the same legal effect as your signature authorizing the transaction. If you forget your PIN, you must either contact us, and we will issue a new PIN or select forgot password/pin at the time of login. We may not be able to issue temporary PIN for several days. If your MFA token is lost or damaged, you must report it lost or damaged. This is done at the time of login, you press report a lost or damaged token and follow the prompts. Your token will be flagged as lost or damaged and will no longer be functional. You must contact The Highlands Bank Bookkeeping department for a replacement token. We are not responsible for transactions performed by unauthorized individuals using valid Log-in IDs, one-time passwords and PINs. Encryption Encryption is a method of scrambling your information, including your Log-in ID and Password, so that it cannot be read by others who do not have a key to unlock that information. The information you enter is encrypted by your browser, and is only decrypted (unscrambled) when it reaches our Web server. Your Security Measures You agree to adopt and implement all reasonable security measures to protect your accounts and information including, but not limited to, observing the following guidelines: Do not share your Log-in ID, token or PIN with anyone. Do not store your tokens in a conspicuous place. Memorize your Log-in ID and PIN and destroy any paper it is written on, or keep under lock and key any paper on which the Log-in ID and/or PIN is written. Do not use your online banking PIN as your PIN for ATM cards or VISA Check Cards or vice versa. Log off The Highlands Bank s Online Services when you are finished using it Do not walk away from your Computer when logged on to The Highlands Bank s Online Services Use anti-virus software to keep your computer clean and free from viruses. Review and reconcile your Account activity on a regular, timely basis. Clear your browser s cache on a regular basis in order to remove copies of Web pages that may be stored temporarily on your system. (See your browser Help area for information on how to clear your cache.) You understand the security procedures and agree that such procedures are commercially reasonable under the factual circumstances of your business. Section 10. Rescinding Authorization. If any person for whom you have given the authorized use of your Online Services or other electronic service ceases to have your permission to use the Online Services whether by termination of employment or other reason, you must notify us immediately and request a change of Username, 4-digit PIN and/or MFA Token immediately. 5 P age

6 Section 11. Balance Inquiries You may use Online Banking to check the balances and recent activity of your Accounts. Any balance shown by Online Banking will include a date as of which the balance is current. The balance shown by Online Banking may not be your actual available balance. It may include deposits still subject to verification by us. The balance shown may also differ from your records because it may not include deposits in process, outstanding checks or other withdrawals, payments, or charges, or items in process. Section 12. Transfers between Eligible Accounts Transfers may be made between Eligible Accounts. An Eligible Account is an account linked to Online Banking that does not have withdrawal restrictions, such as a certificate of deposit. To schedule a transfer of funds between Eligible Accounts, you must provide the Eligible Accounts from and to which the transfer is to be made and the amount is to be transferred. A funds transfer request may not result in immediate funds availability because of the time required to process the files. If you schedule a transfer of funds between accounts on a day that is not a business day, the transfer may not be initiated until the next business day. If you schedule a funds transfer Monday through Friday after 6:00 p.m., the transfer will be available on the next business day. If there are insufficient funds in an account from which you are requesting a funds transfer, including any available overdraft line of credit, if applicable, the transfer will not be initiated. Individual or daily transfers between eligible bank accounts may be made in any amount not exceeding the available balance (subject to verification) in your Account from which the transfers are made. We reserve the right to limit the frequency and dollar amount of transactions from your account for security reasons. According to Federal regulations, you may not make more than six (6) pre-authorized, automatic transfer or telephone order or instruction, or by check draft, debit card or similar order to a third party from your Savings Account or Money Market Deposit Account during any calendar month (this excludes loan payments to The Highlands Bank). If you make more transfers in any monthly statement period than you are allowed to make a fee will be charged and your privilege to make transfers may be suspended or terminated, or the account closed, or the account changed to an account that allows unlimited transfers at our option. You are not limited in the number of transfers from your Checking Accounts. After you send the transfer instructions, the instructions you sent to us will be presented to you for your review. You will then have the option to approve the transfer after which time you will be provided with a confirmation number. The confirmation number will help us resolve any questions you may have concerning a transfer. Same-day Transfers Same-day transfers between from and to deposit account (e.g., checking and savings) made prior to 6:00 P.M. are effective the same Business Day. Note: Funds from a Same-day transfer made after 6:00 P.M. Central Time will not be available to cover checks charged that same day to the Account receiving the funds. Same-day transfers to your loan with The Highlands Bank are made from checking or savings accounts only. Any such same-day transfer submitted prior to 6:00 P.M. Central Time on a Business Day will be posted to the receiving account effective the same Business Day. Same-day transfers submitted after 6:00 P.M. on a business day or at any time during a weekend or holiday will be posted to the receiving account on the next Business Day. Same-day transfers may be canceled after the instruction is sent to us until 4:00 P.M. on the same Business Day such transfers are received by the Bank. Future Transfers A one-time (non-recurring) transfer scheduled for a future date (a Future Transfer ) will be processed on the scheduled transfer date, if that day is a business day. A Future Transfer scheduled for a non-business day will be processed on the next Business Day. 6 P age

7 Future transfers are processed after 6:00 P.M. Central Time on the processing date. You may change or cancel a Future Transfer prior to that time. Future Transfers to a loan with The Highlands Bank may be made from checking or savings accounts only. Any such Future Transfer will be posted to the receiving account effective on the processing date. Overdrafts (Order of Payments, Transfers, and other Withdrawals) If your account does not contain sufficient funds to pay or perform all electronic fund transfers you have requested for a given business day, as well as any checks or other items presented for payment from your account, then: a. Electronic funds transfers, like ATM withdrawals, Point-of-Sale (POS) and ACH transactions, will have priority; b. Electronic fund transfers initiated through the SYSTEM SERVICES which would result in an overdraft of your account may, at our discretion, be canceled; c. In the event the electronic fund transfers initiated through the SYSTEM SERVICES which would result in an overdraft of your account are not canceled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for the account; d. Checks or other items that would result in an overdraft of your account may, at our discretion, either be returned unpaid or may be honored. In the event such checks or items are paid, overdraft charges may be assessed pursuant to the terms of the deposit agreement for the account. Reviewing Transfers Online Banking automatically includes records of past transfers as part of your account activity that can be displayed online up to 18 months of deposit account history, including transfers, to your PC. Limits on Amounts and Frequency of SYSTEM SERVICES Transactions The number of transfers from bank accounts and the amounts that may be transferred may be limited pursuant to the terms of the applicable deposit agreement and disclosure for each account. If a hold has been placed on a deposit made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires and the deposit is finally credited to your account. Our Liability for Failure to Make a Transfer If we do not complete a transfer to or from your account, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable for your losses or damages caused as a result. However, there are some exceptions. We will not be liable, for instance: 1. If, through no fault of ours, you do not have enough money in your account to make a transfer. 2. If a legal order directs us to prohibit withdrawals from the account. 3. If your account is closed, or if it has been frozen. 4. If the transfer would cause your balance to go over the credit limit of an overdraft line of credit established for your account. 5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation. 6. If any electronic terminal, telecommunication device, or any part of the electronic fund transfer SYSTEM SERVICES is not working properly and you knew about the problem when you started the transfer. 7. If you have not properly followed the on-screen instructions for using the System. 8. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken. Your Liability for Unauthorized Transfers (a) Consumer Liability: Tell us at once if you believe your 4-digit PIN and/or MFA Token has been lost, stolen, used without your authorization, or otherwise compromised, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your 7 P age

8 possible losses down. If you tell us within two business days after you learn of the loss or theft of your 4-digit PIN and/or MFA Token, you can lose no more than $50. If you do not tell us within two business days after you learn of the loss or theft of your 4-digit PIN and/or MFA Token, and we can prove we could have stopped someone from using your 4-digit PIN and/or MFA Token without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period. (b) Contact in event of unauthorized transfer: If you believe your 4-digit PIN and/or MFA Token has been lost or stolen, call or write us at the telephone number of address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission. Section 13. Stop-Payment Requests You may initiate stop-payment requests online via the SYSTEM SERVICES only for paper checks you have written (non-electronically) on your bank accounts. You may also initiate stop-payment requests for paper drafts you have written by contacting us by telephone. To stop payment on a paper check you have written on your account you must contact us either by telephone, or online via the System, before the paper check has cleared and in time for us to act on your request to stop payment. Online stop-payment requests are processed at 4:00 p.m. on the business day the stop-payment has been requested online. Stop-payment requests received online on a business day after 4:00 pm, a Saturday or a Sunday, or a banking holiday will be processed on the business day following the date the stoppayment has been requested online. To be effective, this type of stop-payment request must identify your account number, and precisely identify the name of the payee, the check number, the amount, and the date of the check. We may require you to put your stop-payment request in the form of a paper writing, which is mailed to us in time for us to receive it within 14 days after you request the stop-payment on line or by calling us. Upon receipt of your written stop-payment request, the stop-payment order will be extended up to a total of 180 days, including the original 14 days. Section 14. Periodic Statements All of your transfers made through Online Banking will appear on your monthly account statement(s). The transfer amount and processing date will be reflected for each transfer made through Online Banking. Section 15. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments (Note: applies only to consumer accounts) Telephone us a (225) , or send us an at ecorp@thbank.net, or write us at The Highlands Bank, P. O. Box 248, Jackson, LA 70748, Attn: Bookkeeping Department, as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than sixty (60) days after we send the FIRST statement upon which the problem or error appeared. When you contact us: 1. Tell us the name and account number. 2. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information. 3. Tell us the dollar amount of the suspected error. 8 P age

9 If you contact us by telephone or by , we may require that you send us your complaint or question to us in the form of paper writing by U.S. mail or fax within ten (10) business days. We will determine whether an error occurred within ten (10) business days after you contact us and will correct any error promptly (20 business days if the transfer involved a new account). If we need more time, however, we may take up to 45 days to investigate your complaint or question (90 days if the transfer involved a new account, a pointof-sale transactions, or foreign-initiated transfer). If we decide to do this we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation (20 business days if the transfer involved a new account). If we ask you to put your complaint or question in writing and we do not receive it in the form of paper writing within ten (10) business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless you already have an established account with us before the account is opened. We will report to you the results of our investigation within three business days after completing our investigation. If we decide there was an error, we will correct the error within one business day after determining that an error occurred. If we decide that there was no error, we will send you a written explanation. If we have credited your account pending the completion of our investigation and we decide that there was no error, a corresponding debit will be made from your account. You may ask for copies of the documents that we used in our investigation. If you have any inquiries regarding your account, please contact us at: The Highlands Bank Attn: Bookkeeping Department P.O. Box 248 Jackson, La (225) Business Days: Monday, Tuesday, Wednesday, Thursday and Friday Holidays are not included (Note: applies to commercial accounts) You agree to look at your statements as soon as you receive them. If a statement shows a transfer not made by you, you will tell us promptly. If you do not tell us within 30 days after we mail the statement to you, the statement will be deemed to be correct, and you will not be able to challenge any errors. Section 16. Disclosure of Account Information You understand that we may disclose information about your accounts for the transfers you make to others. We will disclose information to third parties (1) where it is necessary for completing transfers, (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, (3) in order to comply with government agency or court orders, or (4) if you give us your written permission. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. Section 17. Authorization to Obtain Information You agree that we may obtain and use information from credit bureaus and consumer reporting agencies. We may also verify your employment, income pay, salary, assets, debts, and references. You also agree that we may obtain information regarding your payee accounts in order to facilitate proper handling and crediting of your payments. 9 P age

10 Section 18. Change in Terms We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM SERVICES, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we will give you notice of at least 30 days before the effective date of any such change unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms via and U.S. mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the SYSTEM SERVICES indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit account agreements and disclosures. Section 19. Address Changes It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, addresses and account numbers. Changes can be made via U.S. mail. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information. Section 20. 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. Section 21. Customer Representation and Warranties You make the following warranties and representations: Valid Business Entity. The business that appears in the account title is a legally organized, validly existing business entity in good standing. For Business Purposes Only. Each of the accounts and each transaction effected through the use of a Username or Password issued under this Electronic Banking Agreement is maintained primarily for business purposes, and NOT for personal, family, or household purposes. Appropriate Business Resolution. Proper sole proprietor, corporate, Limited Liability Company or partnership resolutions have validly authorized the entering into, delivery and performance of this Agreement. THE ACCOUNT SIGNERS AND PERSONS GIVEN ACCESS TO ACCOUNTS THROUGH A USERNAME AND PASSWORD HAVE BEEN DULY AUTHORIZED TO ACT ON THE ENTITY S BEHALF AND BIND THE ENTITY WITH RESPECT TO THE ACCOUNTS AND SERVICES AVAILABLE UNTIL ACTUAL NOTICE OF A CHANGE IS RECEIVED BY US PURSUANT TO THE SECTION IN THIS AGREEMENT WHICH ADDRESSES RESPONSIBILITY FOR ELECTRONIC TRANSFERS, AND WE HAVE ADEQUATE TIME TO ACT ON THAT NOTICE. Section 22. Warranties Disclaimer and Limitation of Liability THE HIGHLANDS BANK S ONLINE SERVICES ARE PROVIDED AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT OF THIRD PARTY RIGHTS, in connection with the SYSTEM SERVICES provided to you under this Agreement. We do not and cannot warrant that the SYSTEM SERVICES will operate without errors, or that any or all SYSTEM SERVICES will be available and operational at all times. Except as specifically provided in the Agreement, or otherwise required by law, you agree that neither the Bank nor our officers, directors, employees, affiliates, agents or contractors ( Bank related parties ) are liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the System, including loss of profits, revenue, or data arising from use of or access to the SYSTEM SERVICES by you or any third party, and whether in an action in contract or tort or based on a warranty. Further, in no event shall the 10 P age

11 liability of the Bank or any Bank related party exceed the amounts paid by you for the services provided to you through the System. Section 23. Termination You may terminate your use of Online Banking at any time by: Calling The Highlands Bank Online Support at Writing to us at The Highlands Bank, Attn: Bookkeeping Department, P. O. Box 248, Jackson, Sending electronic mail messages to us at You must notify us at least ten (10) business days prior to the date on which you wish to have your enrollment in Online Banking terminated. We may require that your request be in writing. We may terminate at any time your access to Online banking, in whole or in part, for any reason without prior notice. Your access to Online Banking will be terminated automatically if your primary checking account is closed, or access to your primary checking account is restricted for any reason. Termination will not affect your liability or obligations for transfers we have processed on your behalf. If there have been no transactions using The Highlands Bank s Online Services for an extended period of time, your service may be considered inactive. We reserve the right to terminate your The Highlands Bank s Online Service without notification to you, if it has been inactive for 180 consecutive days. Section 24. Assignment You may not assign this Agreement or your rights to the Services to any other party. We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation, or to any existing or future direct or indirect subsidiary of The Highlands Bank, or to any of our existent or future affiliates. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. Section 25. 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. Section 26 Communications between Bank and You Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: - You can contact us via at ecorp@thbank.net (Please note that banking transactions through the SYSTEM SERVICES are not made via ). Telephone You can contact us by telephone at Facsimile You can contact us by fax at U.S. Mail You can write to us at: The Highlands Bank Bookkeeping Department P. O. Box 248 Jackson, LA In Person You may visit us in person at any one of our locations: 1542 Charter Street, Jackson, LA Church Street, Zachary, LA P age

12 137 Highway 19, Slaughter, LA Highway 61, St. Francisville, LA Highland Road, Baton Rouge, LA Section 27. Electronic Mail Messages In general, transmissions may not be secure. We therefore request that you do not send us or request any sensitive information from us (such as Account Numbers, Log-in ID s, Passwords, financial information, etc.) via any system. You cannot use an electronic message to originate an account inquiry or funds transfer. You cannot send an electronic message to any other person who also uses The Highlands Bank Online Services. Please remember that we may not immediately receive electronic mail messages sent through Online Banking. If you need to contact us immediately, please see In Case of Errors or Questions about your Electronic Transfers above. Section 28. Consent to Electronic Delivery of Notices You agree that any notice or type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by . You agree to notify us immediately of any change in your address. You may cancel your consent to Electronic Delivery of Notices at any time by providing us with written notice by postal mail or fax. Your consent to Electronic Delivery of Notices will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. I have read and AGREE to the above disclosures. CUSTOMER: (Company Name) THE HIGHLANDS BANK By: Signature of Authorized Representative* Name and Title (Please print or type) Name and Title (Please print or type) Date: Date: *Must be an authorized signer on the account 12 P age

13 THE HIGHLANDS BANK BUSINESS FEE SCHEDULE Cash Management Online Banking Service and ACH One time conversion fee Monthly Service Charge ACH Origination $ w/ ACH Org. $ w/out ACH Org. $25.00/month w/ ACH Org. $10.00/month w/out ACH Org. $10.00/file Return entries and NOC s received $3.00 per item Reversing ACH entries manually on extended deadlines Debit entries $5.00 per item Credit entries $.25 per item On-line stop payment setup fee - Free Please refer to your account disclosures for our additional fees or can visit our website at

14 THE HIGHLANDS BANK BUSINESS ONLINE BANKING 1542 CHARTER STREET, JACKSON, LA BUSINESS ONLINE BANKING Cash Management Authorization Worksheets

15 CLIENT AUTHORIZATION The following information is to be completed by the financial institution. General Company Information Company Name: (Maximum 30 characters) Client Number: (Maximum 30 characters) Address: City, State, Zip: Contact Name: (Maximum 30 characters) (Maximum 35 characters) (Maximum 30 characters) Contact Telephone Number: ( ) - Tax ID Code: Tax ID Number: Phone: Fax: Other: General Institution Information Branch Number: Responsibility Code: Preview Option Account Number Display Exports (Quickbooks, Quicken 2004 and earlier, Microsoft Money) Checkfree Small Business Billpay Electronic Statements additional disclosure and consent (sent to the address listed above only) Service Charge Information Service Charge Account Type: Service Charge Account: Stop Payment Information Inquiry Add Item Stop Receipt

16 ACH File Transfers Company Name: File Review Threshold: (Maximum 16 characters) Company Identification: File Daily Transfer Limit: (Maximum 10 characters) File Monthly Transfer Limit: File Transfer Option Account Activity Options Pending Transfers Available Balance Options Available Memo Credit Line Pending Transfers Approval Options Automatically Approve Stop Pays Automatically Approve Internal Transfers Automatically Approve ACH Transfers Automatically Approve Wire Transfers Automatically Approve ACH File Transfers Automatically Approve Other File Transfers Employee Permission to Approve Transfers Account Options Transactions Presentments Inquiry Detail Administration Options Inquire Employee Delete Employee Fund Transfer Options Inquiry Change Overdrafts Allowed Loan Payment Tax Payment Internal Transfer ACH Transfer In ACH Transfer Out Wire Transfer Out

17 Electronic Documents (is not electronic statements, paper statements are still mailed) DDA Onus Debits DDA Onus Credits SAV Onus Debits SAV Onus Debits COD Onus Debits COD Onus Credits LAS Onus Debits1 LAS Onus Credits LAS Onus Debits2 LAS Onus Credits2 Checking Account Statement Savings Statement Authorized Signature Name / / Title Date

18 CLIENT ACCOUNT AUTHORIZATION The following information is to be completed by the financial institution. Company Name: The following information is required for every account accessed by your company through the system. Photocopy and fill out this worksheet as needed. Account Nickname: Display Group: Account Type: Account Number: Account Options Account Number Display Inquiry Detail Presentments Transactions Stop Payment Information Inquiry Add Fund Transfer Options Overdrafts Allowed ACH Transfer In ACH Transfer Out Internal Transfer In Internal Transfer Out Loan Payment Type: Regular Payment

19 Fund Transfer Restrictions Transfer Review Threshold: Daily Transfer Limit: ACH Review Threshold: Daily ACH Limit: Wire Review Threshold: Daily Wire Limit: Minimum Account Balance: Authorized Signature Name / / Title Date

20 FILE TRANSFER AUTHORIZATION The following information is to be completed by the client. Company Name: The following information is required for every file transfer template. Photocopy and fill out this worksheet as needed. File Identifier: Additional Approval Type: ACH File Type: N/A ACH ACH File Encrypted: Yes No Transfer Type: Upload Download User File Name: Host File Name: Authorized Signature Name / / Title Date

21 FUND TRANSFER AUTHORIZATION The following information is to be completed by the client. Company Name: The following information is required for every fund transfer template. Photocopy and fill out this worksheet as needed. Transfer ID: Additional Approval Type: Minimum Amount: Recurring Default Amount: Amount Increments: Maximum Amount: From Institution R/T Number: From Account Type: From Account: To Institution R/T Number: To Account Type: To Account: ACH In (ACH Transfer Only) From Account Name: ACH Out (ACH Transfer Only) To Account Name: Authorized Signature Name / / Title Date

22 EMPLOYEE AUTHORIZATION The following information is to be completed by the client. Company Name: For employees with similar access rights create a template by selecting the shared functions. Then photocopy the "template" before completing the unique information for each individual employee. Employee Name: Contact Phone: (Maximum 30 characters) ACH File Review Threshold: ACH File Daily Transfer Limit: Fax: Cell Phone: Home Phone: Other: Supervisor Level Employee Supervisor Authorized Access Times Access Day Begin Time End Time Monday : : Tuesday : : Wednesday : : Thursday : : Friday : : Saturday : : Sunday : : Security Verification Access ID: Verification Password: (Maximum 19 characters) (Maximum 17 characters)

23 Preview Option Account Number Display Document Retrieval Exports (Quickbooks, Quicken 2004 and earlier, Microsoft Money) Checkfree Small Business Billpay Approvals Automatically Approve Stop Pays Automatically Approve Internal Transfers Automatically Approve ACH Transfers Automatically Approve Wire Transfers Automatically Approve ACH File Transfers Automatically Approve Other File Transfers Employee Permission to Approve Transfers Fund Transfer Options Inquiry Change Authorized Fund and File Transfers Specify which fund and file transfers this individual is authorized to initiate. Transfer IDs are identifiers established by your financial institution to uniquely identify each transfer (e.g. transfer from checking to money market could be identified as "CKMM"). Fund Transfer ID File Transfer ID Authorized Signature Name / / Title Date

24 EMPLOYEE ACCOUNT AUTHORIZATION The following information is to be completed by the client. Company Name: Employee Name: The following information is required for every account accessed by your employee through the system. Photocopy and fill out this worksheet as needed. Account Nickname: Account Type: Account Number: Account Options Account Number Display Presentments Inquiry Detail Transactions Stop Payment Information Inquiry Add Fund Transfer Options Inquiry Change Internal Transfer Overdrafts Allowed ACH Transfer In Wire Transfer Out Loan Payment ACH Transfer Out Fund Transfer Options Overdrafts Allowed ACH Transfer In Loan Payment Type ACH Transfer Out Internal Transfer Out Principal Only Wire Transfer Out Internal Transfer In Regular Payment All Fund Transfer Restrictions Transfer Review Threshold: Wire Review Threshold: Daily Transfer Limit: Daily ACH Limit: ACH Review Threshold: Daily Wire Limit: Minimum Account Balance: Authorized Signature Name / / Title Date