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Online Banking Agreement

Effective Date November 3, 2022.

This Online Banking Agreement is provided by Neighbors Bank, (“Neighbors Bank”, the “Bank”) on behalf of NYMBUS Inc. (“Nymbus”), the program partner responsible for managing Neighbors Bank bank accounts.

Definitions

“Account” and “Accounts” refer to your accounts at the Bank that you designated, and we approved, for use through Neighbors Bank Online Banking Services. Your accounts at the Bank that may or may not have been designated and approved for use through Neighbors Bank Online Banking Services are referred to as “account(s).”

“Business Days” are Monday through Friday, excluding Bank holidays.

Cutoff Time”means 3:00 p.m. Central Time(CT) for wire requests and mobile deposits; 4:00pm for external transfers; and 10:00pm for internal transfers to be same day.

“Instructions” means information, including a request or order, provided by you to us, to make Transfers, or perform another type of transaction. You submit Instructions to us when, using Neighbors Bank Online Banking Services you, (i) transmit a request or order to us to Transfer funds, or perform another type of transaction; and (ii) schedule a Transfer or another type of transaction.

Neighbors Bank Online or Neighbors Bank Online Banking Services” refers to certain services, specified from time to time that are accessed via the Bank’s designated Site.

“Scheduled Transfer Date” means the day on which you have instructed the Bank (via an Instruction) to begin to initiate a Transfer. This may not necessarily be the same date that the funds are actually transferred into another of your accounts.

“Site” refers to the internet website designated by the Bank as the website through which you access Neighbors Bank Online Banking Services.

“Transfer” refers to the internal or external transfer of funds from one of your Accounts held at the Bank. “Internal Transfer” is a transfer from your Account held at the Bank to another of your Accounts held at the Bank. External transfers are made between your Neighbors Bank Account and a linked account at an external financial institution.

The terms “we,” “us” and “Bank” refer to Neighbors Bank and/or Columbia Bancshares or any affiliate, agent, independent contractor or designee that we may, at our sole discretion, involve in the provision of Neighbors Bank Online Banking Services.

The terms “you” and “your” refer to the user of Neighbors Bank Online Banking, whether singular or plural, who: (1) is an individual or entity that is the owner of an account or a party-in-interest of an account at the Bank or (2) is an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions in an account.

General

This Neighbors Bank Online Banking Agreement (“Agreement”) contains provisions governing your access to and use of Neighbors Bank Online Banking Services, accessible via a designated internet website, which you may use to access certain aspects of your accounts held at the Bank and conduct certain other banking transactions at the Bank. In addition to this Agreement, you agree to be bound by and comply with such other written requirements that we may furnish to you in connection with Neighbors Bank Online Banking Services and any other services and/or content that may be accessed via Neighbors Bank Online Banking Services, including but not limited to your agreements covering your accounts with the Bank (“Account Agreement(s)”), and with all applicable laws, regulations and rules. In the event of a conflict between the terms of this Agreement and your applicable Account Agreements with the Bank, the terms of your Account Agreement will control, except as may be otherwise stated herein. Please review your Account Agreement, which contains important legal terms and conditions and legally required disclosures about Electronic Funds Transfers and Funds Availability, as well as other important matters.

In order to use Neighbors Bank Online Banking Services you must also agree to Neighbors Bank Electronic Disclosure and Consent Agreement, which provides, among other things, that you consent to receive certain information electronically. Withdrawal of your consent to receive communications electronically, as provided in the Neighbors Bank Electronic Disclosure and Consent Agreement, shall terminate this Agreement and your access to Neighbors Bank Online Services.

Agreement

When you use or access, or permit any other person(s) or entity to use or access Neighbors Bank Online Services, you agree to the terms and conditions in this Agreement.

We may amend or change this Agreement (including applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail or by regular mail or by posting the updated terms on the site. Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Neighbors Bank Online Banking Services. Your use of the Neighbors Bank Online Banking Services after we have made such changes or amendments available constitutes your agreement to the change and to pay any applicable fees.

From time to time, we may revise, add new features to or update the Neighbors Bank Online Banking Services. We reserve the right to terminate your use of prior versions of Neighbors Bank Online Banking Services, and to limit access to more recent revisions and updates. We also reserve the right to suspend your use of Neighbors Bank Online Banking Services after six months of inactivity. If any expanded services are made available to you via Neighbors Bank Online Banking Services, you agree that any additional or modified services are also subject to this Agreement, as it may be amended.

Neighbors Bank Online Banking Services provide you online access to a variety of content, products and services via a designated website. We grant to you, for your personal or internal purposes only, a nonexclusive, limited and revocable right to access and use the Neighbors Bank Online Banking Services. You agree not to use the Neighbors Bank Online Banking Services for any other purpose, including commercial purposes, such as co-branding, framing linking, or reselling any portion of the Neighbors Bank Online Banking Services without our prior written consent. You agree to use Neighbors Bank Online Banking Services solely as provided in this Agreement. When any Transfer, or any other transaction, generates items to be charged to your Account(s), you agree that we may debit your Account(s) without requiring the signature of an authorized signer for the Account(s). Additionally, if you transmit Instructions to us using Neighbors Bank Online Banking Services, you authorize us to accept, at your discretion, your electronic request as though it was made in writing and signed by you.

Eligibility

To use Neighbors Bank Online Banking Services, you must have at least one eligible Bank account. We reserve the right, in our sole discretion, to determine your eligibility to use any of the Neighbors Bank Online Banking Services. Only those accounts designated by you and approved by us, in our sole discretion, may be accessed through Neighbors Bank Online Banking Services. We reserve the right to restrict use of the Neighbors Bank Online Banking Services for one or more types of accounts or transactions, and to impose other limits or restrictions on use of the Neighbors Bank Online Banking Services. You can only designate accounts for access through Neighbors Bank Online Banking Services for which you are an authorized signatory. You cannot use Neighbors Bank Online Banking Services to make transactions from accounts where more than one signature is required for withdrawal.

Fees and Charges

There is currently no additional fee or charge for use of Neighbors Bank Online Banking Services. There is currently no additional fee or charge for use of Neighbors Bank Online Banking Services. However, when you use Neighbors Bank Online Banking to obtain certain products and services, such as to request an outgoing wire transfer, you are subject to all fees and charges that apply to those products and services and to your Account(s), as set forth in your Account Agreement or other documentation made available to you by the Bank.

Computer Equipment, Software and Internet Services

You are responsible for obtaining, installing, maintaining and operating all connections, software (including, but not limited to any personal financial management software, if any), hardware or other equipment necessary for you to securely access and use Neighbors Bank Online Banking Services (collectively, “Your Systems”). This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware and Internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges.

You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of Your Systems used to access Neighbors Bank Online Banking Services, and for the transmission and receipt of information using Your Systems.

You acknowledge that you have requested Neighbors Bank Online Banking Services for your convenience, have made your own independent assessment of the adequacy of the internet and Your Systems, and that you are satisfied with that assessment.

We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or Your Systems, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for Your Systems. We make no endorsement of any specific software, hardware or Internet service provider, and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.

Password & Security

A password and a username are needed to use Neighbors Bank Online Banking Services (referred to hereafter as a “Password” and a “Username”), as well as other information (referred to as “Security Information”) that we may specify from time to time. Your access to Neighbors Bank Online Banking Services will be denied if you do not enter the correct Username, Password or, if applicable, Security Information.

To prevent unauthorized access to your Account(s) and to prevent unauthorized use of Neighbors Bank Online Banking Services, you agree to: (a) protect and keep confidential your Username, Password, Security Information and any other information or items needed to access Neighbors Bank Online Banking Services; (b) assume and accept all liability that legally can be imposed on you for each use of your username, Password and/or Security Information whether or not such use was authorized by you; and (c) immediately notify us if you have reason to believe your Password, Username, Security Information, or any other information or items that may allow access to Neighbors Bank Online Banking Services has been lost, stolen or otherwise compromised, or if you have reason to suspect that unauthorized access to your Account(s) has occurred or will occur through Neighbors Bank Online Banking Services.

Available Services

You must meet certain eligibility requirements to use each of the Neighbors Bank Online Banking Services. The following is a non-exhaustive list of the Neighbors Bank Online Banking Services that are currently available:

Account Access Services

  • View, print, or download Account statements;
  • View account balances and transaction history;
  • View images of checks and deposits

Transfer Services

  • Transfer funds between your Accounts held at the Bank;
  • Transfer funds from your Accounts held at the Bank to an external Account;
  • Schedule future or recurring Transfers; and
  • Modify or cancel Transfers.

Below are provisions that apply to use of each of these Neighbors Bank Online Banking Services.

Account Access Services

Account information provided to you as part of the Neighbors Bank Online Banking Services Account Access Services, is not the official record of your Account or its activity. Your Account statement(s) furnished to you in electronic format will remain the official record of your Account(s).

Unless otherwise indicated, the balance information displayed through Neighbors Bank Online Banking Services is the current available funds balance for your Account. Transaction history that you obtain through the Neighbors Bank Online Banking Services is visible real time unless there is an issue with connectivity.

Transfer Services

You can use the Transfer Services to transmit Instructions to the Bank to Transfer funds between your Accounts that have common owners. Accounts that funds are transferred from, and accounts that funds are transferred to must both be eligible accounts.

Transfers may be “immediate” (requested to occur on the same day Transfer Instructions are initiated) or “scheduled” (to occur on a future date) on a one-time or recurring basis. By initiating an immediate Transfer or by scheduling a Transfer, you are instructing us to withdraw funds from your Account(s) on a requested date and to transfer those funds to another of your Accounts in accordance with your Instructions. Recurring Transfers are those made for the same dollar amount on the same date each month. Recurring Transfers cannot be scheduled more than 365 days in advance, unless the first scheduled Transfer is due within 365 days from the date it was originally scheduled. By providing the Bank with information pertaining to Transfers, you authorize us to follow the Instructions that we receive from you and to rely on the accuracy of all information that you provide us. It is your responsibility to update the information related to Transfers if there are any changes.

Immediate Transfers are typically processed on the same Business Day the Transfer Instructions are initiated, provided Instructions are sent prior to the Cutoff Time. Scheduled Transfers that are scheduled at least one day in advance of the Scheduled Transfer Date are typically processed on the same Business Day as the Scheduled Transfer Date. However, you understand that due to circumstances beyond our control and/or in accordance with the provisions of this Agreement, Transfers may be processed after the dates provided in this paragraph. We are not liable for any late Transfers except as expressly provided in this Agreement.

Disclosure of Account Information to Third Parties

We may disclose information to third parties about your Account(s) and/or Transfers you make:

  1. As necessary to complete transactions;
  2. In connection with the investigation of any claim you initiate;
  3. To comply with government agency or court orders;
  4. In accordance with your written permission; or
  5. As otherwise permitted by the terms of our privacy policy.

Our privacy policy, which includes details about our information sharing practices, was provided to you when you opened your Account(s). You authorize us to obtain additional information from a financial institution or other third party to resolve Transfer problems or to complete a Transfer.

Limitations on Transfers

Please refer to your Account Agreement(s) for full details as to the limitations on the amount and frequency of Transfers. For security reasons, we may impose additional limits on the dollar amount of Transfers from your Account(s) from time to time, in our sole discretion, without prior notice to you.

Modifying Transfers

You may modify or cancel future-dated scheduled or recurring Transfers prior to the Cutoff Time on the Business Day before the Scheduled Transfer Date through use of Neighbors Bank Online Banking Services or by contacting Neighbors Bank Online Banking Client Support at 1-888-597-7143.

Transfer Processing

Transfers will only be made if there are sufficient available funds in your Account(s) on the date the Bank begins to process the transaction. Therefore, if the dollar amount of your Transfer request is not available on the date the Bank begins to process the transaction, no portion of the transfer will be completed. The amount of each Transfer will be debited from your Account(s) at the time the Transfer is processed. The amount of funds available will be determined in accordance with the applicable Account Agreement(s) governing the Account(s).

Transfer Processing Times

There is a time lag between the time you initiate a transaction through Neighbors Bank Online Banking Services and the time the Bank executes the transaction. The length of the time lag varies and is dependent upon a number of factors, including the type of transaction, volume of requests and the time they are received.

The Cutoff Times and other specific times referenced in this Agreement reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance of the applicable Cutoff Time or other specified times to eliminate the possibility of missing the Cutoff Time. Instructions received after the Cutoff Time or on non-Business Days will be considered received on the next Business Day.

Incomplete Transfers

We reserve the right to refuse to complete a Transfer for any reason, including instances where there are not sufficient available funds in your Account to cover the transaction or we, in good faith, believe the Transfer may be fraudulent, erroneous, illegal, in violation of this Agreement or suspicious.

Your Liability

In general, when you transmit Instructions to us through the Neighbors Bank Online Banking Services with your Username and Password and Security Information, as applicable, to make a Transfer, you authorize us to credit and/or charge your Account(s) for the amount detailed in the Instructions. You are liable for all transactions, whether or not authorized by you, initiated through the Neighbors Bank Online Banking Services using your Username, Password and/or Security Information, to the extent permitted by applicable law.

Unauthorized Transactions for Consumer Deposit Accounts Only

Please refer to your Account Agreement(s) for full details regarding your liability for unauthorized transfers. Please refer to your Account Agreement(s) for full details regarding the procedure to use in the event of suspected errors relating to your Accounts,

Indemnity

You acknowledge and agree that you are personally responsible for your conduct while using and related to the Neighbors Bank Online Banking Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to the following: (i) your use of the Neighbors Bank Online Banking Services; (ii) the use of the Neighbors Bank Online Banking Services by anyone using your Username, Password or Security Information; (iii) your violation of this Agreement or any applicable law or regulation; or (iv) your violation of or infringement on rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.

Risk of Loss

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you transmitted, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than through Neighbors Bank Online Banking Services to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

Our Liability

Our Liability for Making Transfers

We have no obligation to make Transfers, and shall incur no liability or obligation for late charges or penalties, except as provided herein or required by applicable law, if we are unable to complete any Transfers that you initiate using Neighbors Bank Online Banking Services due to circumstances, including but not limited to the following:

  1. Your Account is closed, does not contain sufficient available funds to complete the Transfer, is subject to legal process or otherwise encumbered, or the Transfer would exceed the credit limit of your overdraft Account, if applicable;
  2. The Neighbors Bank Online Banking Services are not working properly, are unavailable or have been interrupted;
  3. Your equipment, software or communications connection is not working properly;
  4. You do not provide us with the correct names, telephone number, account information or any other information necessary to effect a Transfer, or you otherwise fail to comply with applicable requirements;
  5. Circumstances beyond our control (such as, but not limited to fire, flood, or interferences from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, service interruptions on the Internet or through your Internet service provider, or equipment malfunctions that occur despite ordinary maintenance) that prevent the proper execution of the transaction;
  6. This Agreement has been terminated;
  7. Applicable law prevents the completion of the Transfer;
  8. We believe in good faith that the Transfer may be unauthorized, in error, fraudulent, illegal, in violation of this Agreement or otherwise suspicious; or
  9. Unusual or extraordinary circumstances that indicate improper or unlawful use of your Account(s).
  10. The Payee mishandles or delays a Payment sent by us

The above list of examples is meant to illustrate the circumstances under which we would not be liable for failing to make a Transfer and is not intended to list all of the circumstances where we would not be liable.

Provided none of the circumstances stated above are applicable, if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed to the incorrect receiving account, and such action was solely a direct result of a bona fide error on our part, we shall be responsible for returning the improperly transferred funds to your Account(s).

Notwithstanding anything in this Agreement to the contrary, we make no guarantee or representation that Neighbors Bank Online Banking Services will be uninterrupted or error-free. Our sole obligation to you, arising out of non-availability, interruption or delay in providing the Neighbors Bank Online Banking Services, shall be to use commercially reasonable efforts to resume the Neighbors Bank Online Banking Services.

The provisions in this “Our Liability for Making Transfers” section shall survive termination of this Agreement.

 Entire Liability

THE PROVISIONS CONTAINED IN THE PRECEDING PARAGRAPHS UNDER THE HEADING “OUR LIABILITY” CONSTITUTE OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL WE, OR ANY OF OUR AGENTS OR SUBCONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY OUT OF OR RELATED TO THE NEIGHBORS BANK ONLINE BANKING SERVICES OR ANY SYSTEMS, SOFTWARE AND/OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY INSTALLATION, MAINTENANCE, CONFIGURATION OR COMPATIBILITY ISSUES RELATED THERETO; MECHANICAL OR ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE INTERNET AND COMMUNICATION LINES; ACCESS TO AND USE OF THE NEIGHBORS BANK ONLINE BANKING SERVICES; YOUR SYSTEMS; AND FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH COMMUNICATIONS NETWORKS. THE BANK IS NOT LIABLE FOR ANY DAMAGES OR LOSS THAT MAY BE CAUSED TO ANY SYSTEM, EQUIPMENT AND/OR SOFTWARE DUE TO ANY MALICIOUS CODE, VIRUSES, DEFECTS OR MALFUNCTIONS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF INFORMATION. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

The provisions in the “Entire Liability” section shall survive termination of this Agreement.

Exclusion of Warranties

THE NEIGHBORS BANK ONLINE BANKING SERVICES AND ALL RELATED DOCUMENTATION, SERVICES AND INFORMATION INCLUDED IN OR ACCESSIBLE FROM THE SITE IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE NEIGHBORS BANK ONLINE BANKING SERVICES, RELATED DOCUMENTATION AND ALL INFORMATION INCLUDED IN OR ACCESSIBLE FROM THE SITE. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE NEIGHBORS BANK ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

The provisions of this “Exclusion of Warranties” section shall survive termination of this Agreement

Notices and E-mail

You agree that you will not send any confidential information to us via e-mail. You agree that by using Neighbors Bank Online Banking Services, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or Neighbors Bank Online Banking may be sent to you electronically in accordance with Columbia Bancshares and Neighbors Bank Online Banking Disclosure and Consent Agreement, which you must agree to in order to use Neighbors Bank Online Banking Services.

Address Changes

You agree to notify us promptly, by phone, of any change of address at: 888-597-7143 or through a secure online bank message.

Agreement Termination

This Agreement shall remain in effect until you or we terminate it. We may terminate or suspend this Agreement for any reason at any time without prior notice. You agree that we may, from time to time and at our sole discretion, limit, suspend, discontinue or change the Neighbors Bank Online Banking Services, in whole or in part. You will be notified of any such changes if we are legally required to do so. The termination of this Agreement shall not terminate your Account relationship or other agreements you have with us, unless those agreements are terminated separately. You may terminate this Agreement at any time by following the procedure detailed below.

By terminating this Agreement your ability to use Neighbors Bank Online Banking Services will be discontinued. If you wish to terminate this Agreement, you must send us a signed written request by United States mail to:

Neighbors Bank
Attn: Deposit Operations1801 Westfall Dr.
Columbia, MO 65202

We will act on your request to terminate this Agreement and discontinue your access to Neighbors Bank Online Banking Services within a reasonable time after receiving such request. If you terminate this Agreement, it is your sole obligation to cancel all outstanding scheduled Transfers. If you do not cancel your outstanding Transfers, we may continue to make these Transfers until we process your termination request and discontinuation request.

Once we have terminated this Agreement pursuant to your request, we will make no further Transfers from your Accounts through the Neighbors Bank Online Banking Services, including any Transfers you previously scheduled and/or authorized.

The liability and obligations incurred prior to any termination, suspension or discontinuation date shall survive the termination of this Agreement for all purposes.

Waiver

We may enforce any of our rights under the Agreement even if we choose not to exercise any right in a particular circumstance.

Severability

If any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

Survival

All representations regarding liability and warranties, including, but not limited to, the “Your Liability,” and “Our Liability” and other sections as specifically stated herein, shall survive termination of the Agreement.

Assignment

You may not assign this Agreement to any other party. We may assign or delegate certain parts of our rights and responsibilities under this Agreement to affiliated entities, independent contractors or other third parties. If more than one person is authorized to use Neighbors Bank Online Banking Services, he or she is bound jointly and severally under this Agreement, and we may act on the Instructions of any authorized user.

Choice of Law

This Agreement and its enforcement shall be governed by the laws of the State of Missouri, without regard to any choice of law provision. Your Accounts with us are also governed by the terms and conditions contained in your Account Agreement and any other applicable agreements with us.

Neighbors Bank Online Banking Business Services Addendum

  1. General Description of this Addendum
    1. What this Addendum Covers

      This Addendum to the Neighbors Bank Online Banking Agreement (“Agreement”) sets forth the terms for your use of the services available exclusively to business customers (“Business Services”), described herein.

      You understand that the Business Services are intended to be used for business purposes only, and not for personal, family or household purposes.

    2. Relationship to Other Agreements

      Except where modified by this Addendum, all the existing terms and conditions of the Agreement remain in effect. If there is a conflict, the terms in this Addendum will control your use of the Business Services.

    3. Accepting the Agreements

      When you apply for, enroll in, activate, download or use any of the Business Services described in this Addendum, as may be amended from time to time, or authorize others to do so on your behalf, you agree to be bound by the terms and conditions of the Agreement and this Addendum (together, referred to in this Addendum as the “Agreements”), as each may be amended from time to time, as well as any terms and instructions that appear on a screen when enrolling in, activating or accessing the Business Services.

    4. Additional Services

      We may, from time to time, make additional services available through our Business E-Banking Services. Our notification may be in the form of information posted on our Web Site and will be subject to the terms and conditions of and amendments to this Agreement unless we state otherwise. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any amendments to it, and accept any additional instructions, procedures, terms, and conditions provided to you with respect to each of these new services as amendments to this Agreement. Use of additional services shall be deemed as your acceptance to the terms and conditions and as modified from time to time.

  2. Account Management
    1. Description

      You may establish individual account access levels in online banking. The business may choose to enable online banking at the individual user profile level or at the business profile level.

      1. Access Enabled at the Individual Level

        If enabled at the individual level, each user would use their personal online banking credentials to access business accounts. Business accounts will appear alongside any personal accounts the user may have. Depending on the level of access and the account settings, it may be possible for the user to transact between business and personal accounts. This should be considered when requesting to have this access enabled and requesting the bank to establish the account settings you designate. By enabling this access, you agree and understand such access provides the ability to view and/or perform transactions linked with consumer accounts and/or the accounts of any other business or clubs to which the individual user has access. The business assumes all liability for the actions of users. You are responsible for contacting the Bank should any user permissions need to be removed or changed.

        You are responsible for (and we will have no liability to you for) any unauthorized payments, transfers, or other transactions performed on any account linked to this service that are made by an enabled user and that occur before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.

        Online Banking for Trust customers and Trust accounts mirror business online banking for this configuration option. This addendum will serve as guidance for customers who want online banking access to a Trust account held at Neighbors Bank under this access.

      2. Access Enabled at the Business Level

        If it is enabled at the business level, the business will have an online banking profile. The login information will belong to whomever owns the cell phone number designated on file to the business and they will be the designated Administrator able to manually set up user permissions and entitlements for any additional users as described below under section B: Creating and Managing Users.

  3. Creating and Managing Users

    The Administrator may grant additional individual users access to your business online banking and control their scope of activities by designating access levels at each account level. Granting this access will allow users to interact with business accounts under their individual, personal online banking profile if they have one. Business accounts will appear alongside any personal accounts the user may have as well as any other accounts to which the individual has access. Depending on the level of access, it may be possible for the user to transact between accounts not related to your business entity. This should be considered when granting access and determining access settings. By granting this access, you agree and understand such access provides the ability to view and/or perform transactions with consumer accounts and/or the accounts of any other business or clubs to which the individual user has access. The business assumes all liability for the actions of users.

    You are responsible for (and we will have no liability to you for) any unauthorized payments, transfers, or other transactions performed on any account linked to this service that are made by an authorized user or Administrator that occur before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.

    1. User Level

      You may designate the user role at each individual business account level as “no access”, “view” or “view and transact”.

      You assume sole responsibility for the actions of the Administrator, the authority he or she gives to others to act on your behalf, and the actions of the persons designated by the Administrator to use the Business E-Banking Services. You and/or the Administrator are responsible for revoking any authorization given to any user. You are responsible for notifying us directly of any revocation of Administrator authority. We will not be responsible for any transactions the Administrator or any user conducts after we receive written notice until we have a reasonable opportunity to act on such notice. You will be liable for all transactions made by the Administrator or by any individual the Administrator has granted authority.

      Accounts with more than one signature required may on have "view” access in online banking. If the Administrator allows “view and transfer” access to an account that requires more than one signature for the withdrawal or transfer of funds, you agree that we may act upon any instruction that is authorized by a user designated by you or the Administrator for that account. Note: This may mean that we will act upon the instruction of only ONE person (e.g., to transfer funds), even though the signature card for the account in question requires two or more signatures on checks. As long as an instruction is authorized by an authorized user logged into the online banking system, the transaction will be deemed authorized by you and/or number of authorized persons required to effectuate the transaction.

  4. User Conduct
    1. You represent and agree that the Business Services will be used only by you or other individuals you authorize to use the Business Services on your behalf, and that you will be responsible for ensuring that each individual you authorize to use the Business Services complies with the terms and conditions of the Agreements. You further agree that you will be liable for the acts and omissions of any individual authorized by you to use the Business Services.

    2. You represent and agree that you and any user you authorize will use the Business Services only for lawful purposes and in compliance with all applicable rules, laws and regulations, and with our reasonable instructions, rules, and specifications, and will not violate any law of any country or the intellectual property rights of any third party.

    3. You represent and agree that you and any user you authorize will not misrepresent your identity or your information.

    4. You represent and agree that you and any user you authorize will keep your information up-to- date and accurate.

    You represent and agree that all information you or any user you authorize provide to us in connection with the Business Services is accurate, current and complete, and that you or any user you authorize have the right to provide such information to us for the purpose of operating the Business Services.

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