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Disclosure

Disclosure

EVB Online Banking Agreement and Disclosure

General Terms of this Agreement

This Agreement ("Agreement") governs the use of the EVB Online Banking, EVB Mobile Banking, External Transfers, EVB Bill Payment, Online Statement Delivery any other online services that EVB may make available to you through the Online Banking website (collectively "Service") Once you have completely reviewed the information in this Agreement, you may click "I accept" to signify your acceptance and begin taking advantage of the many benefits of the Service. If you are already an EVB Online Banking customer, these terms will apply to your use of Online Banking Services on June 18, 2015 and your use of any of the Online Banking Services ("Service) is deemed acceptance of the changes contained in this Agreement. The Electronic Funds Transfer Act and applicable rules published by the National Clearing House Network (NACHA) will govern some of the transactions permitted under this Agreement.

E-Sign Consent. By accepting the electronic version of this Agreement, you agree that EVB may make agreements with you concerning the Service through electronic means. You provide your authorization and informed consent to the e-mail notice and the delivery of electronic records selected for your Designated Accounts as described in this Agreement. All agreements entered into by electronic means will be deemed valid, authentic, and shall have the same legal effect as agreements entered into on paper. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest email address you have provided to EVB.

You further agree that electronic copies of your Online Delivery account statement are valid as "originals" and you will not contest the validity of the electronic copies, absent proof of altered data or tampering. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Service.

Parties to Online Banking Agreement. This Agreement is made and entered into by and between EVB and each person (called "Customer" or "you" or "your")

(i) who signs EVB's signature card for the Account,

(ii) who is referenced on the EVB's records as an owner of the Account,

(iii) whose signature appears on a credit line application, or

(iv) who is referenced on EVB's records as an owner of the Account ("Customer," also referred to as "you").

The terms "we", "us" and "our" apply to EVB and any of the servicers (also called "Providers") that provide services under this Agreement. The word "days" shall refer to calendar days unless otherwise specified.

Joint Account Owners. If you are a joint account owner or you represent any account owner in a fiduciary capacity, you represent and warrant that you are authorized to accept this Agreement on behalf of all Owners for the Designated Account. Each Customer is jointly and individually liable for all transactions initiated through the Service, including overdrafts, even if the Customer did not participate in the transaction that resulted in the overdraft.

Amendments. This Agreement or any of the Services offered through this Agreement may be modified from time to time and EVB will notify you of the changes through the secure Online Banking website or by e-mail. Your use of the Service after the delivery of any changes will demonstrate your consent to the new terms. In the case of some Services, you will be asked to agree to additional terms and conditions when you first sign up for the particular Service. If there is a difference in the terms between this Agreement and the special agreements related to those services, those special service agreements will govern you use of that service

Your EVB Deposit and Loan Account Agreements. The terms and conditions of your Deposit Account Agreement and Disclosure or any loan agreement, including any disclosures made pursuant to such agreements, and any subsequent amendments to any of the foregoing, are incorporated herein by reference. If there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement as it applies to online services shall control to the extent of such conflict or inconsistency. The terms and conditions of this Agreement may be modified or amended by EVB upon written notice sent to you or by posting to the Web Site and sending you an e-mail. Your continued use of the Service after such notification of change shall be understood as your agreement to be bound by all such changes.

Account Requirements

To subscribe to the Service, you must maintain at least one Account with EVB which may include the following types of Accounts: checking account, savings account, or money market account, and for limited services, certificates of deposit and loan accounts. The Service will allow you to access more than one Account, to view your Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated Accounts), send electronic mail to EVB and receive electronic mail from EVB. EVB reserves the right to refuse to open an Account or to deny Customer the ability to access the Service, to limit access or transactions or to revoke a Customer's access to Service without advance notice to Customer. EVB also reserves the right to check your credit and account history.

Savings and Money Market Transaction Limitations. There are restrictions on the number of withdrawals from your savings and money market Accounts that may apply to payments and funds transfers between Accounts and bills paid from these Accounts initiated through Service. Excessive transactions may incur fees on your savings and money market accounts. Please see your Deposit Account Agreement.

Service Access. The Service is accessed through an electronic or mobile device and a Wi-Fi, network or mobile connection. That allows you to:

  • view Account balance and transaction information,
  • transfer funds among designated Accounts, make deposits, pay bills from designated Accounts,
  • send secure electronic mail to EVB and receive electronic mail from EVB,
  • create stop payment orders
  • add accounts to Internet/Service relationship,
  • request copies of checks and statements,
  • view statements,
  • select statement delivery method, and
  • other services that EVB may add from time to time

You may access certain Accounts through a mobile browser and receive certain information through text messaging under this Service, using an electronic device and a network connection. You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for obtaining Internet services via the Internet service provider (ISP) of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. We are not responsible for any Internet or mobile access services; however, your ISP must meet our system requirements in order for you to access any Online Banking Service.

You are responsible for obtaining and maintaining the electronic equipment, devices and connections used to access r the Service, You are also responsible for maintaining the confidentiality and security of your mobile or electronic device, access passwords, account numbers, sign on information, and any other security or access information used by the service. You are also responsible for preventing unauthorized access to your mobile phone.

Accessibility. In general, Online Banking and Mobile Banking will be available 24 hours a day, 7 days a week except for short periods of maintenance or events that are outside of our control. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time we deem necessary. We do not guarantee functionality of Mobile Banking (or any specific software that we provide with respect to Mobile Banking) on all Mobile Devices, on all communication networks, in all geographic regions, or at all times. Your accessibility to the Services in this Agreement may be interrupted because of conditions beyond our control, including of outages in Internet availability. We will use commercially reasonable efforts to promptly re-establish online services in those instances, but we do not promise the Mobile Banking service will always be available for your use. We may elect to discontinue any of the Services that we provide, but will provide you with reasonable notice of the termination of the Service. In the case of a disaster, your Service or any part of the Service may be suspended in order to allow emergency and responding personnel to access networks to restore service.

Privacy and User Information. You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively "User Information"). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Agency Agreement and Indemnity. You agree that when we or our Service Provider effects an electronic service under this Agreement, or any part of this Agreement, we are acting at all times as your agent and that you have the authority to complete the transaction. We are not responsible to any third party or other service provider for the online services we perform at your direction under this Agreement. We will not be liable for any costs, losses, damages or fees of any kind incurred as result of our access to the accounts; our debits and credits or inability to debit and credit accounts using your instructions; any funds limitations imposed by other financial institutions or third parties; or any charges imposed by third parties in the performance of services under this Agreement.

Restrictions on Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party's account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

Electronic Mail through Online Banking. Electronic Mail (Secure Messages) to EVB may be delayed; therefore, if you need EVB to receive information concerning your Account immediately, you must contact EVB in person or by telephone (i.e. stop payments, to report a lost or stolen card or to report unauthorized use of your Account). EVB shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.

Termination of Service. Except as otherwise provided in this Agreement, you may terminate the Service by sending a written notice to EVB Online Banking Department, P.O. Box 1455, Tappahannock, VA 22560.

If you fail to use your Online Banking Account for a period of 90 consecutive days, EVB will disable your Online Banking service and all related services. You may re-activate your Online Banking Service by following the instructions for signing on to Online Banking as a new customer. You may need to re-enter information to use services related to Online Banking such as Bill Pay and other electronic services.

ONLINE SECURITY

EVB is committed to providing online clients with a secure and dependable environment for accessing account information. Keeping your financial information secure and confidential is one of EVB's most important responsibilities. Read our Privacy Policy available on our website to learn more about our policy for information sharing and other privacy issues. EVB has implemented security procedures for the purpose of verifying the authenticity of the payment, transfer, and deposit instructions that you transmit to us. Such security procedure includes (i) a unique file identification number and transmission password, and (ii) encryption. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by Bank in accordance with such security procedure, and you shall indemnify and hold Bank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedure.

EVB employs advanced encryption technology to protect client information, including Secure Sockets Layering (SSL), preventing unauthorized users from accessing data during sign on or usage of EVB Online Banking. Learn more about information security, as well tips for avoiding online fraud and identity theft, by visiting our website at www.bankevb.com. You are responsible for keeping your online password, account numbers, personal identification data, and other account information confidential. Never share your Online Banking User ID / Password, or other personal account information (including your account number & ATM PIN). Sharing this information constitutes a misuse and therefore, all transactions initiated by those with whom you shared information will be considered as authorized by you, regardless of whether you intended those transactions to be made.

If Your Password Has Been Lost, Stolen or Compromised. If you notice any unauthorized activity in your account or believe your personal account information has been compromised, please contact EVB immediately at the Customer Care Center at 888-464-2265 or Online Banking at 888-758-5646. If you believe your Password has been lost, stolen or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission (as defined by federal law). If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Losses could include not only money in your account, but also advances on any line of credit associated with your account. Liabilities may differ in regard to VISA/MasterCard products. Refer to your EFT Disclosure.

EVB also reminds you:

1. To review your account statement regularly and report any unauthorized or suspicious activity promptly to EVB within 60 calendar days of the transaction first appearing on your statement.

2. You should not leave your computer unattended while using EVB Online Banking. Once your banking is completed, sign off and close your browser before leaving your computer.

E-Mail Risks. Certain risks are associated with the transmission of Notices through the Internet, including, but not limited to, unauthorized access, systems outages, delays, disruptions in telecommunications services and the Internet. Public email is not private or secure. The Notice sent to you by email is an unencrypted, automatic alert. Although this Notice is not intended to contain personally identifiable confidential financial information, it may contain in its design part or all of your name or other identifier, which could be seen or intercepted by others if delivered to your business address or other computers or electronic devices not exclusively under your control. Do not respond to the Notice by return email, or use it to request information, service, paper copies or other items or to revoke consent. We will not be able to act upon requests made in that manner.

FEDERAL CONSUMER DISCLOSURES

Disclosures apply to all Services under this Agreement.

Electronic Funds Transfer Error Resolution Notice

In case of errors or questions about your electronic transfers, telephone us at 888-464-2265 or 804-443-4333, or write us at EVB, 330 Hospital Road, and Post Office Box 1455, Tappahannock, VA 22560 as soon as possible. We will be happy to assist you if you think your statement or receipt is wrong or if you need information about a transfer listed on the statement or receipt. We must hear from you no later than sixty-days (60) after the date that appears on the FIRST statement on which the error or problem appeared. When making contact with us, you will be asked the following information.

1. Tell us your name and account number.

2. Describe the error or the 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.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

In most cases, we will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. There will be some cases that require more time to perform an in depth investigation. In those instances, we may take up to forty-five (45) days to investigate your complaint or question. If an extended investigation period is required, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves an electronic funds transfer that occurred within thirty-days (30) after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days instead of (10) business days. If a notice of error involves an electronic funds transfer that was initiated in a foreign country, occurred within thirty (30) days after the first deposit to the account was made, or is a point of sale debit card transaction, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.

Our Liability for Failure to Make Transfers. 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, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable if any of the following instances occur:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer. If the money in your account is subject to legal process or other claim restricting such transfer.
  • If the terminal or system is not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreement with you.

Online Stop Payment Services. Any customer wishing to place a stop payment on a personal check may do so by accessing their personal online banking service. Any stop payment request received electronically via the Online Banking System shall be deemed an authorized "written request" for purposes of the Stop Payment Request form. A fee of $25.00 will be charged for each stop payment request submitted. Your request will cease to be effective six months from the date submitted.

A stop payment will not be processed if we have already paid, certified, or accepted the item. EVB will not be liable if inaccurate or incomplete information is submitted or for payment of the check contrary to this request unless payment is caused by EVB's negligence and causes actual loss to you. EVB's liability shall not, in any event, exceed the amount of the check. You must reimburse EVB for any loss related to stopping any payment.

Account History and Records. Records of your transactions using the Service are updated each business day and may be printed. EVB will maintain your Service history of transactions for a rolling period of 18 months from the date you begin to use the Service. You may request a copy of electronic notices or of this Agreement by calling us at 888-464-2265 or 804-443-4333.

Mobile Banking Service

EVB offers you mobile access to your account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS). You may also set up alerts such a low balance alerts to be delivered through your mobile device.

Enrollment. To enroll in the Mobile Banking Service, you will be asked to identify your relationships with EVB and provide your mobile phone number. We will verify your number by sending you an SMS message with a verification code which you will enter on the Mobile Banking website. You will also select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. Standard messaging charges apply. The alert service will continue until you terminate the Service or opt out of the alert program.

You may also download an abbreviated version of Mobile Banking by downloading the application directly from the Apple®Store or from GooglePlay.

Termination. To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says, "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Equipment. Your phone or other mobile communication device must be Internet enabled, able to receive SMS text messages and connected to the Internet through your mobile communication service provider. Your mobile service provider may charge additional fees for time of usage or other services as a result of your Mobile Services access. EVB does not guarantee that your mobile phone or mobile service plan will be compatible with our Mobile Banking Service. EVB is not responsible for the operation of your mobile phone, mobile phone service or for fees charged by third parties for the Mobile Service. The list of compatible mobile devices is updated from time to time.

Security Risks. Your Mobile Device may be subject to viruses, unauthorized tracking or other manipulation by "spyware" or other malicious code. You are responsible for making sure the device used to access Mobile Banking is protected and free from viruses, worms, Trojan horses, or other harmful components which may result in damage to programs or files and loss of personal financial information. EVB will not be responsible or liable for any indirect, incidental, special or consequential damages that may result from such harmful components on the mobile device, nor will EVB be liable if sensitive information accessed via our Mobile Banking Service is intercepted by a third party due to any viruses being contracted by the mobile device at any point or from any source. We are not responsible for errors of delay or your inability to access the service by your equipment, or any cost associated with needed upgrades to your equipment or for any damage to the equipment or information resident thereon.

YOU ARE RESPONSIBLE FOR KEEPING YOUR ACCESS INFORMATION INCLUDING YOUR PASSWORD AND PIN PRIVATE. ANYONE WHO HAS ACCESS TO YOUR ACCOUNT LOGIN, PIN AND ACCESS TO YOUR EMAIL, WILL HAVE ACCESS TO YOUR BANK ACCOUNTS. YOU ARE LIABLE FOR ALL TRANSACTIONS THAT YOU OR ANYONE TO WHOM YOU GIVE ACCESS MAY PERFORM.IF YOU THINK THAT YOUR MOBILE MONEY SERVICES HAVE BEEN COMPROMISED OR YOUR SECURE ACCESS INFORMATION LOST OR STOLEN, NOTIFY US AT 1-888-758-5646 or (804) 443-8454.

ELECTRONIC STATEMENT DELIVERY SERVICE

Online Electronic Statement Delivery. As an EVB Online Banking client you accept the terms of the Online Statement Delivery Service. For accounts with multiple owners, only one account owner or representative is needed to establish the Delivery Service. EVB will no longer deliver paper statements for any of the accounts included in the Delivery Service. You will receive check images in your electronic statement.

You also agree to receive any legal notices or other important information currently delivered with your paper statements ("Statement Inserts") regarding these Accounts only online. We may from time to time offer other legal notices through the Delivery Service. Your request for such delivery will be your acknowledgement that this section governs the delivery of the legal notices. Examples of statement inserts that may be delivered online include, but are not limited to, Change of Terms Notices, Privacy Statements, and Regulation E Error Resolution Notices.

Service Requirements. The Delivery Service provides you with access to an electronic version of your statements for up to eighteen (18) months. This Delivery Service is provided to you free of charge and permits the flexibility of saving and printing account statements at any time. You will be notified through email when your statement is ready for viewing. You must validate your email address upon enrollment. One attempt will be made to notify you that a statement is available to view. You may re-enroll for the Electronic Statement Delivery Service at any time.

Eligible Accounts. Online statements offered for consumer checking, savings, money market, and loans that have recurring periodic statements and that are included in a customer's portfolio of accounts accessed through EVB's Online Banking Service are eligible for the Delivery Service. EVB reserves the right to change or modify decisions regarding account eligibility in its sole discretion.

If you are the owner of an account with other owners, you agree and understand that your electronic notice may be consolidated with the notice for other account owners who are members of your household into a single email or other electronic message sent to one, specific email address shared by you and all other owners in your household as the email address of record for the Delivery Service. As a member of the household, you agree and consent that access through the Delivery Service to one copy of an electronic record, such as an account statement, service agreement amendment, or a notice or disclosure required under applicable law, through a shared email address constitutes sufficient and effective delivery to you personally of such document as required by applicable law, rule or regulation.

Termination Rights. You may stop receiving electronic statements at any time by calling the Customer Care Center at 888-464-2265, visiting your local branch, or notifying us by mail at the address appearing on your account statement. If you chose to terminate this Delivery Service and return to receiving paper statements for your accounts, you will be charged for paper statements or check images as noted in your Deposit Account Fee Schedule. EVB may terminate the Delivery Service for any or all Designated Accounts at any time. Upon such Termination, delivery of paper copies of Electronic Records will resume within a reasonable time. Termination of the Delivery Service does not affect the validity or legal effect of any Electronic Record delivered to you or any Owners through the Service. Termination of the Delivery Service does not terminate Online Banking unless otherwise so stated.

Receiving Statement Photocopies. You can print a copy of your available online statements at any time. You can also obtain a photocopy of your statement from EVB at any time. We will send you a photocopy of a statement previously delivered through the Service at your request. The standard fee then in effect and charged for paper delivery of account statements will apply. Please refer to your EVB Account Fee Schedule for applicable fees.

INTERNAL FUNDS TRANSFER SERVICE

Internal Funds Transfers allow you to transfer funds, make payments, or draw advances between your EVB Accounts.

Account information displayed through Online Banking is the current information at the time the transaction takes place. Electronic Funds Transfers between Account(s) through your computer or other electronic device Online Banking or Mobile Banking, and received by EVB or its agent(s) by 6:00 p.m. Eastern Time Monday - Friday will be effective on the current business day. Electronic Funds Transfers received after 6:00 p.m. Eastern Time Monday - Friday or all day Saturday, Sunday, and Federal Reserve holidays will be effective the following business day. Payments and advances on consumer loans and lines of credit may not appear on your account until the next business day.

We are not liable if we are unable to complete your payment, advance or funds transfers because

1. If, through no fault of the ours, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your Line of Credit or

2. The payment, advance or funds transfer function is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction; or

3. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payment Account which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing the proper funds to the correct Payment Account.

Funds Transfer Cancellation Requests. You may cancel or edit any scheduled funds transfer (including recurring funds transfers) only by calling the Customer Care Center at 888-464-2265. There is no charge for canceling a scheduled funds transfer. Once EVB has begun processing a funds transfer it cannot be cancelled or edited.

Withdrawal Transaction Limitations. The restrictions on the number of withdrawals from your savings and money market Accounts apply to all payments and funds transfers between Accounts and bills paid from these Accounts initiated through the Service. Please refer to your Deposit Account Agreement and Disclosure for these limitations and fees arising from excess transactions.

BILL PAYMENT SERVICE

EVB's Bill Pay Service enables you to make payments (either one-time or recurring payments) online from your designated checking or money market deposit account to third parties; and to use the eBill payment feature to receive bills from participating Billers, view Biller bill summary and bill detail information.

Bill Pay Service Definitions

"Bill Pay Service" means the bill payment service offered by EVB through Fiserv and/or other service provider (together, "Provider").

"Biller" is the person or entity to which you wish a bill payment to be made or from which you receive electronic bills.

"Payment Instruction" is the information you provide to our Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking or money market account from which bill payments and any related fees will be debited.

"Business Day" is every Monday through Friday, except Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your payment will be debited from your Payment Account. If Scheduled Payment Date falls on a non-Business Day, EVB will process your Bill Payment on the previous Business Day.

"Due Date" is the date reflected on your Biller statement on which the payment is due. It is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Bill Pay Service but has not begun processing.

Bill Payment Scheduling. When you schedule a bill payment, the Bill Payment system will indicate the earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date). You will not be permitted to select a Scheduled Payment Date prior to the earliest possible Scheduled Payment Date designated for each Biller. You should select a Scheduled Payment Date that is no later than the Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you should select a Scheduled Payment Date that is at least one Business Day before the actual Due Date. To avoid late charges and other penalties from your Biller, your Scheduled Payment Dates must be prior to any late date or grace period.

Expedited Payments. Certain Billers offer an Expedited Payment option that allows you to have your payment processed immediately for an additional fee. There are two Expedited Payment options available. A Same Day Bill Pay (sent as an electronic payment to participating Billers) will be processed and posted the same day. An Overnight Check payment (sent as a paper draft payment to any Biller who accepts paper payments) will be sent via overnight delivery to the Biller for receipt by the end of the next business day. Please note, although the payment will arrive earlier than the typical four (4) Business Days, it is at the Biller's discretion how quickly the payment is processed and posted. The Bill Pay Service will automatically determine which Expedited Payment option is available to you to make payments to a specific Biller, and it will also automatically determine the date by which your Expedited Payment will be processed ("Scheduled Payment Date").

The Expedited Payment option may not always be available. Depending on the time of day, you might not have sufficient lead time to make an Expedited Payment. If the Expedited Payment option is not available for an intended Biller, it will not be displayed on your Bill Payment screen. The earliest possible Scheduled Payment Date, without a fee, will be designated.

Once you submit an Expedited Payment, it will begin processing immediately and you will not be able to change or cancel it (see Payment Cancellation Requests and Stop Payments Requests sections for additional information).

You authorize us to charge a fee for each Expedited Payment as a separate transaction. The amount of each Expedited Payment and each fee will be deducted from your account as separate transactions, which may result in you incurring an overdraft charge for the Expedited Payment and/or the fee if you do not have sufficient funds to process either the Expedited Payment or the fee.

Payment Authorization and Remittance. By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Bill Pay Service receives a Payment Instruction, you authorize the Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. The Provider will use its best efforts to make all your payments properly. However, the Provider shall incur no liability if the Provider is unable to complete any payments initiated by you because:

1. If, through no fault of the Provider, your Payment Account does not contain sufficient

Funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

2. The payment processing center is not working properly and we have notified you about the malfunction before you execute the transaction;

3. You have not provided the Provider with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

4. Circumstances beyond the control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.

Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges. However, the Provider will bear responsibility for any late payment related charges up to $50.00 per payment, should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Bill Payment Scheduling" in this Agreement.

Payment Methods. The Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a check (funds remitted to the Biller are deducted from your Payment Account when the check is presented to EVB for payment).

Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Bill Payment Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, therefore a formal stop payment request must be submitted.

Bill Payment Stop Payment Requests. The Provider's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Provider may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact the EVB Customer Service. Although the Provider will make every effort to accommodate your request, the Provider will have no liability for failing to do so. The Provider may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

Prohibited Payments. Payments to Billers outside of the United States or its territories are prohibited through the Bill Pay Service.

Exception Payments. We do not recommend that you schedule tax payments and court ordered payments through the Bill Pay Service. We will not be liable for any claims or damages resulting from you scheduling of these types of payments and any Bill Payment Guarantee is void. All research and resolution for any misapplied, misposted or misdirected exception payments will be your sole responsibility.

Electronic Bill Delivery. Certain Billers offer an electronic bill presentment feature (e-Bill) which allows the Biller to present the bill directly to the Bill Payment Service. If you elect to activate one or more of the Bill Pay Service's electronic bill options, you agree to the following:

1. You will provide any changed information directly to the Biller including name, address and other information required by the Biller and will maintain all usernames and passwords for all e-Bill sites.

2. When you activate the e-Bill feature for a Biller, you authorize us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your billing information.

3. The date of presentment of your first e-Bill will vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your e-Bill is being activated it is your responsibility to keep your accounts current. Each Biller reserves the right to accept or deny your request to receive electronic bills.

The Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Pay Service within Online Banking, the Bill Pay Service may send an email notification to the email address listed for your account. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

It may take up to sixty (60) days to terminate the e-Bill service. The Provider will notify your e-Biller of the termination of the e-Bill service but it is your sole responsibility to make arrangements for another form of bill delivery. The Provider will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

You agree that EVB and the Provider will not be liable or responsible:

1. If the Biller fails to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

2. For the accuracy of your e-Bills. The Provider is only responsible for presenting the information we receive from the Biller.

3. For any discrepancies, in accuracies or disputes regarding your e-Bill. These issues must be addressed with the Biller directly.

Failed or Returned Transactions. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Provider and you agree to reimburse the Provider immediately upon demand the transaction amount that has been returned to the Provider in addition to late charges, fees and costs of collection.

Service Fees and Additional Charges. You agree to pay charges imposed for the Bill Pay Service that may be listed in the Fee Schedule; you authorize the Provider to deduct the calculated amount from your designated Billing Account, along with any additional charges that may be incurred by you. Other financial fees associated with your standard deposit accounts and other EVB services will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone service provider.

Amendments to your Bill Pay Service Agreement. This Agreement, applicable fees and service charges may be altered or amended by EVB or the Provider from time to time with prior notice to you. Any use of the Bill Pay Service after the Provider provides you a notice of change will constitute your agreement to such change(s). Further, the Provider may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Provider reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Provider's more recent revisions and updates.

Biller Limitation. The Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. The Provider will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

Returned Payments. In using the Bill Pay Service, you understand that Billers and/or the U.S. Postal Service may return payments to the Provider for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account.

EXTERNAL TRANSFER SERVICES

EVB offers two types of external transfer services-- Popmoney© and External Transfer Service - to allow you to transfer funds between your personal EVB checking or money market accounts and certain accounts that are owned by you or someone else at another U.S. financial institution located in the United States and U.S. territories.

Popmoney

Popmoney Transfers to Other Accounts or Parties

1. You must provide all the information about the recipient and his/her bank account that is necessary to complete an ACH Network transfer (the "Complete Transfer"); or

2. You must provide contact information about the recipient (including an email address); y the Popmoney service will contact the recipient and request the recipient to (i) confirm his/her identity at the Popmoney Website and then (ii) provide bank account information in order to complete your transfer request (a "Two- Step Transfer").

Receiving Popmoney Transfers. When you are the intended recipient of a Popmoney transfer into an EVB account, you authorize EVB to deposit funds into your account, either as a single transfer or for all transfers directed to you through the Popmoney service. There may be a delay between the time you are notified of the pending transfer and the deposit of the funds into your account. You authorize the sender, the financial institution which holds the sender's account and the Popmoney Website to send emails and SMS text messages to you in connection with the sender's request to transfer funds to you. For a two-step transfer, you must provide the requested information within a certain period of time or the requested transfer will be cancelled and the funds returned to the sender. In the event that funds are transferred into your EVB account as a result of a Popmoney transfer and it is determined that such transfer was improper because it was not authorized by the sender or there were not sufficient funds in the sender's account or for any other reason, then you authorize EVB to withdraw from your EVB account an amount equal to the amount of funds improperly transferred to you.

Popmoney Cancellation or Stop Payment Requests. You may edit or cancel a Popmoney payment any time before the payment is processed and before your account is debited. If your account has been debited and the recipient's account has not been credited, you can request a Stop Payment. To edit, cancel or place a Stop Payment on a scheduled Popmoney transaction (including future-dated or recurring payments), follow the directions within the Popmoney application. The edit, cancel, or Stop Payment options will only appear when that function is available. There is no charge for editing or canceling a scheduled Popmoney transaction; there is a fee for placing a Stop Payment. Stop payment fees are listed on your EVB Deposit Account Fee Schedule.

Popmoney Dollar Limits and Transaction Deadlines. Popmoney dollar limits and transaction deadlines are set by the Provider and posted on the Popmoney service page on EVB's Online Banking website. If the limits are insufficient for your purpose, you are not required to complete the transaction. You must always have sufficient funds in your selected deposit account to transfer funds to a third party or to your account at another financial institution. For security purposes, when you reach your "Outstanding Limit" as set by Popmoney, you will not be able to schedule additional transfers until the "In Process" transfer(s) show a "Complete" status. Delivery of transactions may be delayed if you fail to complete the transaction within the time frames stated on the Popmoney website. Transactions after the daily cut-off times will be processed on the next business day.

Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a mobile telephone) and/or email address in connection with the Popmoney service, you consent to receiving calls and/or text messages from us at that number and/or emails from us for our everyday business purposes (including identity verification) and for other non-marketing purposes.

Mobile Devices. Senders and Receivers may from time to time receive SMS/text messages or otherwise use their mobile or wireless devices in connection with Popmoney transactions. Any usage of your mobile phone or wireless device in connection with the Popmoney service is subject to the terms and conditions of the service agreement between you and your telecommunications provider. This Agreement does not amend, replace, or supersede the service agreement between you and your telecommunications provider. Your telecommunications provider may assess data and messaging charges, and you are solely responsible for any such charges. We are not responsible for providing your telecommunications services, and you agree to resolve any problems with such services directly with your telecommunications provider without involving us.

External Funds Transfer Service

The External Transfer Service allows you to transfer funds inbound from an account owned by you at another U.S. financial institution or transfer funds outbound to an account owned by you at another U.S. financial institution. This service may be performed using your EVB personal checking or money market account. Business accounts are not eligible. Other financial institutions may have restrictions regarding transfers into and out of various account types. EVB is not responsible for any costs or losses arising out of transfers that are not permitted by another financial institution. Please refer to your other financial institution's terms and conditions related to incoming and outgoing transfers.

Types of Transfer Request. You may set up External Transfers services as a one-time transfer for immediate processing; a one-time transfer for immediate processing at a later date; or recurring series of transfers which may be scheduled for specific dates.

 

Authentication Process. The first time you make an external transfer using the upgraded External Transfer service, you will be asked by our Service Provider to authenticate your external request through one of two methods. You will need the account number and the transit number of the external bank to register for the External Service. Your use of the authentication process shall indicate your agreement to these terms and conditions of the External Transfer Service.

1. The Service Provider will make three small dollar transfers (2 credits and 1 debit) to ensure that the information provided by you is accurate. When you verify the transactions, you will be enrolled in the External Transfer Service.

2. In certain cases, you may provide actual external login information such as name and account number at an external financial institution. If our Servicer cannot verify the information, you may use the authentication process above.

3. Recurring Transfers. If you have scheduled regular recurring external transfers from your account, you must enter a new schedule for payments after you have registered for the upgraded service. If you fail to reschedule, your external transfers may not occur.

Cut-off time. The cut-off times for your transfers have changed.

  • For next day transfers, you may submit your request up to 8.p.m. on the business day of the transfer for example, if you wish the transfer to arrive on Friday, you may make the request up to 8 p.m. on Thursday. There may be a charge for next day transfers.
  • For three-day transfers, you must request the transfer by 1 a.m. Eastern time each business day. For example, if you make a request by 1 a.m. on Tuesday, your funds would arrive on Friday.

Transfer Limits. Transfer limits will be established by the Service Provider and will be disclosed on your transfer screen. These may be subject to change based on controls embedded in the Service. If the transfer limits do not meet your requirements, you may wish to select another method to transfer funds.

You agree to have sufficient available funds in the designated account to cover all outbound transactions on the scheduled date. If the deposit account does not have sufficient available funds on the scheduled date, we may elect not to initiate your transfer request.

We or our Service Provider shall incur no liability if the Provider is unable to complete any External Transfer or request initiated by you because of the existence of any one or more of the following circumstances:

1. If through no fault of the Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

2. The external transfer service is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction;

3. Circumstances beyond control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances.

4. The external financial institution will not permit the transfer to occur.

Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payment Account which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing the proper funds to the correct Payment Account.

External Transfers Cancellation Requests. You may cancel or edit any scheduled external transfer (including recurring funds transfers) by calling EVB's Customer Care Center at 888-464-2265. There is no charge for canceling a scheduled external transfer. Once EVB has begun processing a funds transfer it cannot be cancelled or edited.

MOBILE DEPOSIT SERVICE

EVB's Mobile Deposit service allows you to deposit certain items into your deposit account(s) using your mobile device. Your use of the mobile deposit service constitutes your acceptance of the mobile deposit terms and any changes we may make to these terms.

Fees. There is currently no fee to use the mobile deposit service.

Hardware and Software. To use the mobile deposit service you must have a supported mobile device with a supported camera, a data plan, and download the EVB Mobile App. We do not guarantee that your particular mobile device, camera, operating system, or carrier will be compatible with the service. We assume no responsibility should you experience technical, network, or other difficulties while using the mobile deposit service or any damages as a result of these difficulties.

Eligible Items. You agree to transmit only deposit items (checks) as defined in Federal Reserve Regulation CC ("Reg CC") and only those checks that are permitted by the mobile deposit service.

You may use the mobile deposit service to deposit checks payable directly to you. Checks payable to third parties, altered items, fraudulent or unauthorized items, substitute checks, converted checks, remotely created checks, postdated checks (dated more than 6 months before the deposit), and checks not payable in U.S. currency are not permitted.

In addition to the checks or items listed above, the following specific items are not eligible for the mobile deposit service:

• Foreign checks

• U.S. Savings bonds

• Treasury Tax & Loan (TTL) payments

• Travelers checks

• Money orders

• Any attempted deposit made outside of the United States

Nothing in this mobile deposit agreement should be construed to require EVB to accept any check or item for deposit, even if EVB has previously accepted that type of check.

Image Quality. The image of a check transmitted to EVB using the mobile deposit service must be legible. The image quality must comply with standards set by EVB. You agree that we shall not be liable for any damages resulting from a check's poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.

Endorsements. You must endorse the check transmitted through the mobile deposit service as instructed by EVB. You agree to follow any and all other procedures and instructions for use of the mobile deposit service as EVB may establish from time to time.

Receipt and Crediting of Items. We may reject any check transmitted through the mobile deposit service, at our discretion, without liability to you. We are not responsible for checks we do not receive in accordance with this agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from EVB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.

Availability of Funds. You agree that items transmitted using the Mobile Deposit Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available in two business days from the day of deposit. EVB may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as EVB, in its sole discretion, deems relevant.

Disposal of Deposited Checks. After transmitting the mobile deposit, you agree to write 'submitted for mobile deposit' and today's date on the front of the check. Ten (10) days after successfully transmitting a mobile deposit, you agree to destroy or otherwise void the check. You agree never to re-present to us or any other party a check or item that has been deposited through the mobile deposit service unless we notify you that the check or item will not be accepted for deposit through the mobile deposit service.

Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Service and to modify such limits from time to time.

You are limited to $2500 per business day.

User Warranties and indemnification

You warrant to EVB that:

1. You will only transmit eligible checks and items that you are entitled to enforce

2. All checks will include all signatures required for their negotiation

3. Images will meet EVB's image quality standards in effect which will be changed from time to time.

4. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.

5. You will not deposit or represent the original check or item with EVB or any other party.

6. The information you provide to EVB is accurate and true, including all images transmitted to EVB accurately reflect to front and back of the check or item at the time it was scanned. You will comply with this agreement and all applicable rules, laws and regulations.

7. You will use the mobile deposit services only for your own deposits and will not allow the use of the mobile deposit service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the mobile deposit service by or for the benefit of any third party.

8. You agree to indemnify and hold harmless EVB from any loss for breach of this warranty provision or the terms of this agreement.

Ownership and License. You may use the mobile deposit service only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the mobile deposit service.



Privacy and User Information

Your Account information is confidential. You acknowledge that in connection with your use of the Service, including text messages from the Alerts Service, the Bank and its affiliates and service providers may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Service, including the Alerts Service (collectively "User Information"). The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Service, including the Alerts Service, to verify the existence or status of your Account to a third party, such as a credit bureau or merchant, to activate additional services, or to provide to a consumer reporting agency for purposes of anonymous research only. Information may also be disclosed as otherwise permitted or required by law, including compliance with court orders or lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services, including the Alerts Service, for purposes of verifying compliance with the law, these terms and conditions, and any applicable software license, but we disclaim any obligation to monitor, filter, or edit any content. You agree that, in using the Service, including the Alerts Service, information and transfers will be recorded and/or data captured, and you consent to such recording.

Password and Security Procedures

Upon becoming a Service Customer, you will receive a temporary password or self- select a password, which will allow you access to your Account information. Use of the password will indicate to EVB your acceptance of the terms and conditions governing your Account(s) and this Agreement and if applicable, the Bill Pay Service terms and conditions. Any Service transactions, including, but not limited to accessing Account information, making transfers, giving transfer-related instructions, utilizing the electronic bill payment service, or accessing electronic account statements initiated by person(s) on behalf of a an Online Banking Customer including but not limited to a Commercial Customer, by entering the correct password is deemed as acting with full authority of the owner of the account and, for commercial customers, the Board of Directors, members or general partners, as applicable. Each time you access the online or mobile banking systems you will be required to enter your password. If your password is lost or stolen, or is known by another individual, you must notify EVB immediately. Failure to notify EVB promptly could result in loss of funds. You are responsible for maintaining the confidentiality of your password and any breach of confidentiality shall promptly be reported to EVB. You may contact EVB at 888-758-5646 to report such security breach. EVB reserves the right to prevent your access to Service should we have reason to believe the confidentiality of your password has been compromised.

You understand that EVB has implemented a security procedure for the purpose of verifying the authenticity of the payment instructions transmitted to EVB by you ("instructions"), and not for the purpose of detecting errors in such instructions. Such security procedure includes (i) a unique file identification number and transmission password, and (ii) encryption. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by EVB in accordance with such security procedure, and you shall indemnify and hold EVB harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedure.

In an effort to provide the highest degree of confidentiality and security, EVB recommends the use of browsers that provide encryption using at least a 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read encrypted information. Current versions of commercial off-the-shelf browsers all support 128-bit encryption; however, some older browsers (such as Microsoft Internet Explorer 4) may not be 128-bit encryption versions. Updates are available for download from their respective websites. EVB recommends that Customers protect their valuable financial information by using the most secure encryption possible. EVB is not liable for losses resulting from the use of 40-bit encryption. If you elect to use the 40-bit browser, this implies your acceptance of this risk.

Electronic Device Software

You are solely responsible for the maintenance, installations and operation of your electronic device and for the software used in accessing the Service. EVB shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your electronic device or software, nor will EVB be responsible for any technology malware that affects your electronic device or the software while using the Service.

By accessing the Service through the World Wide Web, you agree that EVB shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney's fees).

Additionally, you must have an Internet Service Provider, an email address, and a browser to utilize Service through the Internet.

Address of Banking Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Provider is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

Email Address

You agree to provide us with a current email address to receive email notifications and disclosures from EVB. You must immediately notify EVB of any changes or updates to your email address or if it becomes inoperative or inactive. You agree to immediately identify another email address to be used for the Service. You also agree that EVB is under no obligation to re-transmit any notifications to you that were returned "undeliverable" or otherwise rejected for delivery. Email will be the only notice you will receive advising you that electronic records have been posted to your account.

Account Information

Your Account information is confidential. EVB may, however, disclose information to a third party about your Account of the transfers only if you have given us permission to do so, or when it is necessary to complete transactions; verify the existence or status of your Account to a third party such as a credit bureau or merchant; to comply with a court order or the request of a government agency where it is necessary for activating additional services; or to a consumer reporting agency for research purposes only. By using the Service you agree the information and transfers will be recorded and/or data captured. By using the Service you consent to such recording.