Online Account Disclosures

BEACON ONE ACCOUNTS

SAVINGS ACCOUNT

BEACON ONE SAVINGS
 (Beacon One Sav)

Rate information – Your interest rate and Annual Percentage Yield (APY) may change.

Determination and Frequency of rate changes – At our discretion, we may change the interest rate on your account at any time.

Compounding and crediting frequency – Interest will be compounded monthly. Interest will be credited to your account every month.

Minimum balance to open the account – You must deposit $250.00 to open this account.

Minimum balance to avoid imposition of fees – No maintenance service charge fees will be charged on this account regardless of the balance maintained.

Minimum balance to obtain the APY disclosed – You must maintain a minimum balance of $10.00 in the account each day to obtain the APY disclosed.

Balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of interest on non-cash deposits – Interest begins to accrue on the business day you deposit noncash items (for example, checks).

Closure of the Account – If your Beacon One Savings account has a zero-dollar balance ($0.00) and maintains that balance for ninety (90) days or more, your Account may be closed without any notice to you.

Rate information – If your daily balance is $10.00 or more, the interest rate paid on the entire balance in your account will be 3.54% with an Annual Percentage Yield (APY) of 3.60%. Your interest rate and APY may change.

Miscellaneous Information – In order to qualify for this account, you need to have a Beacon Bank checking account with an ownership relationship. If you do not meet the requirement, your account will be closed, and the balance of the account will be mailed to you in the form of a Cashier's Check. You will receive a refund of all External Outgoing Transfer fees assessed, which will be credited by the fifth (5th) business day of the following month. Your credits may be reportable to the IRS on Form 1099-MISC. The $35.00 Early Account Closure Fee does not apply to the Beacon One Savings product. Check writing is not permitted on account.

MONEY MARKET ACCOUNT

BEACON ONE MONEY MARKET
 (Beacon One MM)

Rate information – The interest rate and Annual Percentage Yield (APY) for your account depend upon the applicable rate tier. The interest rate and APY for these tiers may change.

Determination and Frequency of rate changes – At our discretion, we may change the interest rate on your account at any time.

Compounding and crediting frequency – Interest will be compounded monthly. Interest will be credited to your account every month.

Minimum balance to open the account – You must deposit $1,000.00 to open this account.

Minimum balance to avoid imposition of fees – No maintenance service charge fees will be charged on this account regardless of the balance maintained.

Minimum balance to obtain the Annual Percentage Yield disclosed – You must maintain a minimum balance of $10.00 in the account each day to obtain the APY disclosed.

Balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of interest on non-cash deposits – Interest begins to accrue on the business day you deposit noncash items (for example, checks).

Closure of the Account – If your Beacon One Money Market account has a zero-dollar balance ($0.00) and maintains that balance for ninety (90) days or more, your Account may be closed without any notice to you.

Balance Cap Requirement – The maximum balance cap for the Beacon One Money Market account is $5,000,000.00.

Rate Information-

Tier 1 – If your daily balance is more than $0.00 but less than or equal to $9.99 the interest rate paid on the entire balance in your account will be 0.00% with an Annual Percentage Yield of 0.00%.

Tier 2 – If your daily balance is equal to or more than $10.00, but less than or equal to $24,999.99, the interest rate paid on the entire balance in your account will be 3.40% with an Annual Percentage Yield of 3.45%.

Tier 3 – If your daily balance is $25,000.00 or more, the interest rate paid on the entire balance in your account will be 3.54% with an Annual Percentage Yield of 3.60%.

Miscellaneous Information – In order to qualify for this account, you need to have a Beacon Bank checking account with an ownership relationship. If you do not meet the requirement, your account will be closed, and the balance of the account will be mailed to you in the form of a Cashier's Check. You will receive a refund of all External Outgoing Transfer fees assessed, which will be credited by the fifth (5th) business day of the following month. Your credits may be reportable to the IRS on Form 1099-MISC. The $35.00 Early Account Closure Fee does not apply to the Beacon One Money Market product.

CERTIFICATE OF DEPOSIT

BEACON ONE CERTIFICATE OF DEPOSIT

(Beacon One CD)

Rate Information - The interest rate and Annual Percentage Yield (APY) will remain fixed until the maturity date. Please see our current rates at www.Beaconbank.com.

Compounding Frequency- Interest will be compounded monthly.

Crediting Frequency - Interest will be credited to your account every month and at maturity.

Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.

Minimum Balance Requirements- You must deposit $1,000.00 to open this account.

Minimum Balance to Obtain the Annual Percentage Yield Disclosed - You must maintain a minimum balance of $1,000.00 in the account each day to obtain the disclosed Annual Percentage Yield. If we receive your funding deposit after the opening date, you will receive the interest rate and Annual Percentage Yield disclosed on the date you opened the account and interest will start to accrue on the date you have funded your account. Your CD account may not exceed the maximum deposit balance of $1,000,000.00.

Balance Computation Method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of Interest on Non-Cash Deposits - Interest begins to accrue on the business day you deposit non- cash items (for example, checks).

Grace Period – You will have ten (10) calendar days (“Grace Period”) immediately after maturity to renew the account, withdraw the funds, or transfer to another account without penalty. Interest accrued during the Grace Period will not be paid to you if the certificate is not renewed.

Automatically Renewable Time Account - This account will automatically renew at maturity unless we are instructed by you or unless you are notified by the bank. Notification will be sent to you in writing prior to the maturity of your account.

Each Renewal Term will be the same as the previous term, at an interest rate then in effect for such deposits (unless we notify you, in writing before the maturity date, of a different term for renewal). No interest will be paid after maturity on any funds that are withdrawn during the Grace Period.

Transaction Limitations-

Deposit Limitations: Additional deposits to this certificate may be made only during the Grace Period following maturity of the Initial Term or a Renewal Term.

Withdrawal Limitations: Funds may be withdrawn at maturity or at any time during the Grace Period. Unless the Bank gives you notice to the contrary, any funds (including interest earned during the Initial Term) remaining on deposit after the expiration of such Grace Period will be deemed to have been redeposited as of the maturity date for an additional Renewal Term.

Withdrawal of Interest Prior to Maturity - You can only withdraw interest credited in the term before maturity of that term without penalty. You can withdraw interest any time during the term after it is credited to your account. Your account will mature on the date indicated on your Pre-Maturity Notice.

The Annual Percentage Yield and your CD Receipt assumes that interest will remain on deposit until maturity. A withdrawal will reduce earnings.

Early Withdrawal Penalties – Withdrawals of principal made prior to maturity may only be made with the Bank's consent and will be subject to an early withdrawal penalty. The following penalties may be imposed and will be calculated and charged based on the maturity term:

The Bank may agree to waive the early withdrawal penalty if the depositor has died, has been declared incompetent to manage their affairs, or is an IRA CD owner.

Maturity Date – We will send you a CD Receipt within ten (10) calendar days after we have received your opening deposit. This receipt contains information such as Term, Maturity Date, Interest Rate and Annual Percentage Yield (APY), and is your official record, so please save it for your reference. If you have consented to receive your disclosures electronically through the Online Banking platform, you will receive this electronically, otherwise you will receive through mail via the U.S. Postal Service.

Miscellaneous Information – In order to qualify for this account, you need to have a Beacon Bank checking account with an ownership relationship. If you do not meet the requirement, your account will be closed, and the balance of the account will be mailed to you in the form of a Cashier's Check. You may not make any additional deposits into your account before maturity. CDs are opened on Business Days only. If the application process is finalized on a Saturday, Sunday, or Federal Holiday, your account will be opened on the following Business Day. If this occurs, your account will receive the interest rate and APY in effect on the day it is opened.

CHECKING ACCOUNTS

BEACON ONE CHECKING
 (Beacon One CKG)

Rate information – Your interest rate and Annual Percentage Yield (APY) may change.

Determination and Frequency of rate changes – At our discretion, we may change the interest rate on your account at any time.

Compounding and crediting frequency – Interest will be compounded monthly. Interest will be credited to your account every month.

Minimum balance to open the account – You must deposit $10.00 to open this account.

Minimum balance to avoid imposition of fees – No maintenance service charge fees will be charged on this account regardless of the balance maintained.

Minimum balance to obtain the Annual Percentage Yield disclosed – You must maintain a minimum balance of $0.01 in the account each day to obtain the APY disclosed. See Rate Information below for additional requirements.

Balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of interest on non-cash deposits – Interest begins to accrue on the business day you deposit noncash items (for example, checks).

Closure of the Account - If your Beacon One Checking account has a zero-dollar balance ($0.00) and maintains that balance for ninety (90) days or more, your Account may be closed without any notice to you.

Rate Information – In order to receive the stated APY, this account must be enrolled in Paperless Statements and Notices.

With Paperless Statements and Notices:

If your daily balance is $0.01 or more, the interest rate paid on the entire balance in your account will be 0.10% with an Annual Percentage Yield of 0.10%.

Without Paperless Statements and Notices:

If your daily balance is $0.01 or more, the interest rate paid on the entire balance in your account will be 0.00% with an Annual Percentage Yield of 0.00%.

Available Features –

• Cell phone insurance via MasterCard. See Cellular Wireless Telephone Protection- Consumer section for more information.
• Identity theft protection services are available for this account. Please see Account Identity Theft Protection Services section for more information. 
• All non-Beacon Bank ATM Inquiry fees incurred nationwide waived. We will reimburse all non-Beacon Bank ATM Withdrawal and Surcharge fees incurred nationwide per statement cycle¹. Your surcharge (non-Beacon Bank ATM fee) credits may be reportable to the IRS on Form 1099-MISC.
• Receive a Stream On credit of up to $15.00. See qualification details below.
  • Stream On credit is not valid for Beacon Bank customers with an existing Beacon Bank checking account and is limited to new Beacon One checking account customers only.

To qualify for the Stream On credit, each Calendar Month² you must:

1. Have a combined Direct Deposit total of $2,000.00 or more each month into your Beacon One Checking account and;
2. Set up a monthly subscription with one (1) of the below six(6) streaming services to be debited out of your Beacon One Checking account. Annual subscriptions do not qualify.
   1. Disney+
   2. Netflix
   3. Hulu
   4. YouTube Premium
   5. Paramount+
   6. Spotify Premium

• Both required transactions must post and settle to the account during the Calendar Month.
• Your monthly streaming service debit must post and settle to your account by 5 p.m. EST on the last business day of a Calendar Month to be counted. Transactions may take one (1) or more business days to post and settle to an account after the date a transaction is made.
• Streaming services included in the Stream On credit have the following effective dates:
  • May 23, 2024: Disney+, Netflix, Hulu, YouTube Premium, Paramount+
  • July 1, 2025: Spotify Premium

Additional Terms- The following additional terms apply to this account: If you qualify each calendar month, for twenty-four (24) months following account opening, we will credit up to $15.00 per month into your Beacon One Checking account. Monthly credits will cease the twenty-fifth (25^th) calendar month after account opening. Beacon Bank will provide a credit in the amount of the highest streaming service paid up to $15.00. For example: If you pay $6.99 a month for Netflix and $7.99 a month for Disney+, you will receive a streaming service credit of $7.99 the following calendar month. If you pay over $15.00 a month for one (1) of the above streaming services, you will receive a credit of $15.00 the following calendar month. This credit will show on your statement with the description “Credit for streaming service”. Stream On credits are capped at twenty-four (24) per tax reported owner.

When the Stream On credit qualifications are met, the credit will be posted to your account within the following calendar month. If you do not qualify at any point during the twenty-four (24) calendar months following account opening, you will NOT receive the streaming service credit for that calendar month.

Stream On credit scenarios:

1. You open your Beacon One Checking account August 1, 2025, and qualify for the Stream On credits consistently for twenty-four (24) months. At the end of the promotional period, July 31, 2027, you will have received twenty-four (24) Stream On credits.
2. You open your Beacon One Checking account August 1, 2025, but do not qualify for the Stream On credits until September 1, 2025. At the end of the promotional period, July 31, 2027, you will have received twenty-three (23) Stream On credits.
3. You open your Beacon One Checking account August 1, 2025, and qualify for the Stream On credit for the remainder of 2025. In January 2026, your monthly combined direct deposit falls short of the $2,000.00 requirement, you will not receive the credit in February. If you then subsequently qualify in February and continue to qualify each calendar month, you will receive the Stream On credit until July 31, 2027. At the end of the promotional period, you will have received twenty-three (23) Stream On credits. If the account is closed before any credits are posted to your account, the credits will be forfeited. Your credits may be reportable to the IRS on Form 1099-MISC.

If the account is closed before any credits are posted to your account, the credits will be forfeited. Your credits may be reportable to the IRS on Form 1099-MISC.

Miscellaneous Information –Courtesy Pay^sm, our discretionary service, is not available for this account. Generally, we will not authorize or pay transactions when you do not have enough money in your account. Fees may be charged by the merchant if your transactions are returned unpaid. For transactions that are pre-authorized by us, we must pay those transactions when they are presented for payment even if your account balance at the time of settlement is not sufficient to cover them. When this happens, you are not charged overdraft fees or continuous overdraft fees. You will receive a refund of all External Outgoing Transfer fees assessed, which will be credited by the fifth (5th) business day of the following month. Your credits may be reportable to the IRS on Form 1099-MISC.

The $35.00 Early Account Closure Fee does not apply to the Beacon One Checking product.

¹"Statement Cycle” begins the calendar day after the previous Statement Cycle ends and runs through the last business day of the statement period.

²“Calendar Month” begins on the first of the month and ends the last day of the monthly period.

BEACON ONE UNIVERSITY CHECKING

(BEACON ONE UNIV CKG)

Availability – This account is only available to customers who meet the following criteria: the account holder must have an active .edu email extension at account opening and be over the age of eighteen (18). This account is only available online.

Rate information – No interest will be offered on this account.

Minimum balance to open the account – There is no minimum deposit to open this account.

Minimum balance to avoid imposition of fees – No maintenance service charge fees will be charged on this account regardless of the balance maintained.

Closure of the Account – If your Beacon One University Checking account has a zero-dollar balance ($0.00) and maintains that balance for ninety (90) days or more, your Account may be closed without any notice to you.

Available Features –

• Cell phone insurance via MasterCard. See Cellular Wireless Telephone Protection- Consumer section for more information.
• Identity theft protection services are available for this account. See Account Identity Theft Protection Services section for more information.
• All non-Beacon Bank ATM Inquiry fees incurred nationwide waived. We will reimburse up to two non-Beacon Bank ATM Withdrawal and two Surcharge fees incurred nationwide per statement cycle¹. Your surcharge (non-Beacon Bank ATM fee) credits may be reportable to the IRS on Form 1099-MISC.
• Receive a Stream On credit of up to $7.50. See qualification details below.
  • The Stream On credit is not valid for Beacon Bank customers with an existing Beacon Bank checking account and is limited to new Beacon One University Checking account customers only.
  • You must be enrolled in eStatements.

To qualify for the Stream On credit, each Calendar Month² you must:

1. Maintain an average monthly minimum balance of $1,000.00 OR have a combined Direct Deposit total of $500.00 or more each month into your Beacon One University Checking account; and,
2. Set up a monthly subscription with one (1) of the below six (6) streaming services to be debited out of your Beacon One University Checking account. Annual subscriptions do not qualify.
   1. Disney+
   2. Netflix
   3. Hulu
   4. YouTube Premium
   5. Paramount+
   6. Spotify Premium

• Both required transactions must post and settle to the account during the Calendar Month.
• Your monthly streaming service debit must post and settle to your account by 5 PM EST on the last business day of a Calendar Month to be counted. Transactions may take one (1) or more business days to post and settle to an account after the date a transaction is made.
• Streaming services included in the Stream On credit have the following effective dates:
  • May 23, 2024: Disney+, Netflix, Hulu, YouTube Premium, Paramount+
  • July 1, 2025: Spotify Premium

Additional Terms – The following additional terms apply to this account: If you qualify each calendar month, for thirty-six (36) months following account opening, we will credit up to $7.50 per month into your Beacon One University Checking account. Monthly credits will cease the thirty-seventh (37^th) calendar month after account opening. Beacon Bank will provide a credit in the amount of the highest streaming service paid up to $7.50. For example: If you pay $6.99 a month for Netflix and $7.99 a month for Disney+, you will receive a streaming service credit of $7.50 the following calendar month. This credit will show on your statement with the description “Credit for streaming service”. Stream On credits are capped at thirty-six (36) per tax reported owner.

When the Stream On qualifications are met, the credit will be posted to your account within the following calendar month. If you do not qualify at any point during the thirty-six (36) calendar months following account opening, you will NOT receive the credit for that calendar month.

Stream On credit scenarios:

1. You open your Beacon One University Checking account August 1, 2025, and qualify for the Stream On credits consistently for thirty-six (36) months. At the end of the promotional period, July 31, 2028, you will have received thirty-six (36) Stream On credits.
2. You open your Beacon One University Checking account August 1, 2025, but do not qualify for the Stream On credits until September 1, 2025. At the end of the promotional period, July 31, 2028, you will have received thirty-five (35) Stream On credits.
3. You open your Beacon One University Checking account August 1, 2025, and sign up for eStatements and qualify for the Stream On credit for the remainder of 2025. In January 2026, your monthly combined direct deposit falls short of the $500.00 requirement and your average minimum balance falls below $1,000.00, you will not receive the credit in February. If you then subsequently qualify in February and continue to qualify each calendar month, you will receive the Stream On credit until July 31, 2028. At the end of the promotional period, you will have received thirty-five (35) Stream On credits.

If the account is closed before any credits are posted to your account, the credits will be forfeited. Your credits may be reportable to the IRS on Form 1099-MISC.

Miscellaneous Information – Courtesy Pay^sm, our discretionary service, is not available for this account. Generally, we will not authorize or pay transactions when you do not have enough money in your account. Fees may be charged by the merchant if your transactions are returned unpaid. For transactions that are pre-authorized by us, we must pay those transactions when they are presented for payment even if your account balance at the time of settlement is not sufficient to cover them. When this happens, you are not charged overdraft fees or continuous overdraft fees. You will receive a refund of all External Outgoing Transfer fees assessed, which will be credited by the fifth (5th) business day of the following month. Your credits may be reportable to the IRS on Form 1099-MISC.

The $35.00 Early Account Closure Fee does not apply to the Beacon One University Checking product.

Limit one account per tax reported owner.

¹"Statement Cycle” begins the calendar day after the previous Statement Cycle ends and runs through the last business day of the statement period.

2“Calendar Month” begins on the first of the month and ends the last day of the monthly period.

Account Identity Theft Protection Services

The enclosures outline your identity theft protection services. These valuable services, including fully managed identity fraud research, remediation and recovery, are available for you to use if you experience or suspect identity fraud - even if it is not connected to your account with our financial institution. (Please refer to Terms and Conditions or visit website for more details.) Additionally, you will have access to lost document replacement services and up to $25,000 in Identity Theft Expense Reimbursement Insurance (Identity Theft Expense Reimbursement Insurance not currently offered to NY residents), should you incur any out of pocket expenses during the identity recovery process. Plus, owning a covered account provides you with an entitlement to credit monitoring with daily alerts of any changes to your credit file which may signal identity theft. The entitlement is applicable to eligible individuals age 18 and older who have a valid credit file.

Please take a moment to review the enclosed materials that explain the benefits of these identity fraud recovery services in greater detail. Access to identity fraud remediation and recovery programs have been deemed an important, essential service for consumers. Rest assured that Beacon Bank will be here to help if the unthinkable were to happen and the personal information of you or your family is compromised or stolen.

If you have any questions, please contact any of our bank office locations or our Customer Call Center at 800-698-BANK (800-698-2265).

Description of the Identity Theft Services

Fully Managed Identity Fraud Research, Remediation and Recovery

If you become a victim or suspect you might be a victim of identity fraud for any reason, simply let us know. You do not have to confirm identity fraud before seeking assistance. We will put you in touch with a professional Recovery Advocate who, depending on your identity fraud incident will:

• Perform research to determine the extent of the problem, including a review of all three credit reports (if appropriate)
• Assist with the placement of fraud alerts with the three major credit bureaus
• Write letters/make calls on your behalf to dispute fraudulent information
• Coordinate with government agencies, financial institutions, creditors, etc. to resolve incidents
• Work with law enforcement to help to arrest and prosecute the criminals
• Follow up for 12 months after recovery

This service covers all types of identity fraud, even if it is not related to your account(s) with Beacon Bank! Types of identity fraud covered include: credit/debit card fraud, tax fraud, employment fraud, government documents and benefits fraud, medical fraud, and any other identity fraud recognized by the Federal Trade Commission. Plus, the identity fraud recovery service extends to cover up to 3 generations of your family members!

Lost Document Replacement

If you have an important document that has been lost, stolen or destroyed as a result of an identity theft incident or information compromise, we can help! Just let us know and we will refer you to a professional Recovery Advocate who will work with you to replace your missing documents, including credit/debit cards, birth certificate, passport, professional licenses, driver's license, etc. Your Recovery Advocate will work with you to contact creditors, cancel the compromised information, and obtain replacement documents.

Identity Theft Expense Reimbursement Insurance – up to $25,000*

Expense Reimbursement Insurance is available to cover out of pocket expenses incurred during the identity recovery process up to a maximum of $25,000. Examples of covered expenses include attorneys’ fees, costs of additional credit reports, long distance telephone calls, postage and handling fees, fees for notarizing affidavits, and document and filing fees for grants or credit applications rejected as a result of a stolen identity event. Lost wages due to time off from work are also covered.

For a list of complete terms and conditions for the Identity Fraud Recovery services, and to review the Identity Theft Expense Reimbursement Insurance Evidence of Coverage, please visit our website at www.Beaconbank.com.

Entitlement to Credit Monitoring

Owning a covered account provides you with an entitlement to credit monitoring with up to daily alerts of any changes to your credit file which may signal identity theft. The entitlement is applicable to individuals age 18 and older who have a valid credit file. You may choose whether or not you use this entitlement to obtain the credit monitoring service. There is no cost to you for taking advantage of this offer either now or in the future. When you become eligible for this service, you will receive an email from our partner company providing instructions for activation, or you may visit our website at www.Beaconbank.com for more information.

* Identity theft insurance is underwritten by Lyndon Southern Insurance Company, a member of the Fortegra family of companies. The information provided is a program summary. Please refer to the Identity Theft Expense Reimbursement Evidence of Coverage forms for additional information including details of benefits, specific exclusions, terms, conditions and limitations of coverage. Coverage is currently not available in NY and may not be available in other U.S. territories or jurisdictions.

LYNDON SOUTHERN INSURANCE COMPANY

[Administrative Office: 100 West Bay Street, Jacksonville, FL 32202]
 [(800) 888-2738]

IDENTITY THEFT EXPENSE REIMBURSEMENT EVIDENCE OF COVERAGE

DEFINITIONS: Throughout this document, “You” and “Your” refer to the individual or Family Member who is a covered accountholder of Beacon Bank as defined by the terms and conditions for evado|PROTECT Plus℠. The covered account must be active. “We” and “Us” refer to Lyndon Southern Insurance Company. In addition, when in bold certain words and phrases are defined as follows:

Administrator means SOURCE INTERNATIONAL, INC. You may contact them if you have questions regarding this coverage or would like to make a claim. They can be reached by phone at 888-663-1536, mail at ID THEFT, 712B North Pine Avenue, Green Cove Springs, FL 32043, or email at [email protected].

Coverage Period means the period starting on the Coverage Effective Date. Coverage will continue for as long as Your covered account is active. (This standing is defined by the terms and conditions for evado|PROTECT Plus℠.) Coverage will stop if You or evado|PROTECT Plus℠ cancel Your covered account.

Domestic Partner means an unmarried person in an intimate, committed relationship of mutual caring. They must share responsibility for basic living expenses with You. They must be at least eighteen (18) years old and not currently married and/or committed to another person.

Evidence of Coverage (EOC) means this document. It describes the terms, conditions, and exclusions. The EOC is the entire agreement between You and Us. Representations or promises made by anyone that are not contained in this EOC are not a part of Your coverage.

Family Member means spouse or domestic partner or the member and includes dependents under the age of 25 who have the same permanent address. Any handicapped adult living in the same household who requires assistance from the family to manage their affairs, and parents (mother or father) of the member who have the same permanent address as the member, or who are registered in a senior assisted living facility, skilled nursing home, hospice, or who have been deceased for twelve months or less.

Identity Theft means the use of Your name, address, Social Security number (SSN), bank or credit card account number, or other identifying information without Your knowledge to commit fraud or other crimes.

IDENTITY THEFT EXPENSES mean the following:

Legal Expenses: Reasonable and necessary attorney fees or court costs associated with defending any suit brought against You by merchants, financial institutions or other credit grantors, or their collection agencies, or the removal of any criminal or civil judgment wrongly entered against You as a result of Identity Theft;

Lost Wages: Actual U.S. wages or salary You lose as a direct result of time off work taken by You to report or address the effects of Identity Theft;

Miscellaneous: Loan applications fees, long distance telephone costs, mailing and postage costs, costs of having affidavits or other documents notarized. Costs to purchase up to four (4) credit reports from any of the three major credit bureaus (Experian, Equifax, or TransUnion). The credit reports may be purchased only after the Identity Theft has occurred and for the purpose of correcting inaccuracies that occur as a result of Identity Theft.

Coverage Effective Date means the date You were advised that coverage was effective by Beacon Bank.

COVERAGE AGREEMENT

We will reimburse You or a Family Member for Identity Theft Expenses You incur as a result of an Identity Theft incident that occurs or was first known to You during the Coverage Period. Coverage is secondary to any other applicable insurance or coverage available to You. This EOC is not transferable to another person or entity.

LIMITATIONS

Coverage is limited to Your actual Identity Theft Expenses, not to exceed a total of $25,000. Coverage is further limited to $500.00 USD per week, for up to four (4) weeks for Lost Wages.

There is a limit of one (1) Identity Theft incident per twelve (12) month period.

DEDUCTIBLE

There is a $0.00 USD deductible per claim.

EXCLUSIONS

Coverage does not apply to:

• Any Identity Theft Expense not listed in “DEFINITIONS”;
• Any act of theft, deceit, collusion, dishonesty or criminal act by You or any person acting in concert with You, or by any authorized representative of You, whether acting alone or in collusion with You or others;
• Damages or losses arising from the theft or unauthorized or illegal use of Your business name, d/b/a/ or any other method of identifying Your business activity;
• Any lost wages due to sickness or emotional breakdown;
• Damages or losses of any type for which the credit card company, bank, creditor, etc. is legally liable;
• Identity Theft Expenses that were incurred or commenced from a known Identity Theft incident that occurred prior to the Coverage Period;
• Damages or losses of any type resulting from fraudulent charges or withdrawal of cash from a debit or credit card or financial/bank/investment account;
• Any incident involving a loss or potential loss not notified to the relevant police authority within seventy-two (72) hours from the date You had knowledge of the loss;
• Fees or costs associated with the use of any investigative agencies or private investigators.
• Identity Theft caused by a family member.

WHAT TO DO IF YOU ARE A VICTIM OF IDENTITY THEFT

Contact NXG Strategies at 615-823-1311 and select “customer service” for assistance upon discovery of Your Identity Theft problem.

Notify the Administrator within ten (10) days of discovery of Your Identity Theft problem.

Notify the police in Your local jurisdiction within seventy-two (72) hours from the date You had knowledge of the Identity Theft loss. Obtain a copy of the police report, if available.

HOW TO FILE A CLAIM

To file a claim, You or a Family Member must contact the Administrator by phone or email within thirty (30) days of the date of the Identity Theft. Otherwise, the claim may be denied. A claim form will be sent to You. The fully completed claim form must be returned to the Administrator at ID THEFT, 712B North Pine Avenue, Green Cove Springs, FL 32043 with:

• Completed and signed claim form.
• Proof that a fraud alert was placed with each major credit bureau (Experian, Equifax, TransUnion, etc.) immediately after discovery of Identity Theft;
• Copy of the complaint filed with the Federal Trade Commission (FTC);
• Copy of settlement reached by each party (creditors, collection agency, banks, etc.) involved with Your Identity Theft incident;
• Copy of a police report from Your local jurisdiction;
• Copy of all receipts, bills or other records that support the Identity Theft Expenses incurred by You;
• Any other documentation that may be reasonably requested to validate a claim. All these required items, including the claim form, must be postmarked within sixty (60) days of the date of the loss. Otherwise, the claim may be denied.

GENERAL PROVISIONS
 Coverage is provided under a Group Policy issued by Lyndon Southern Insurance Company. This EOC is a summary of benefits provided to You.

Cancellation and Non-Renewal. MEMBERS LOYALTY TRUST, NXG-Beacon Bank, or Lyndon Southern Insurance Company can cancel or choose not to renew this coverage upon the expiration of coverage. If this happens, NXG-Beacon Bank will notify You at least sixty (60) days in advance of the expiration of this coverage. Such notices need not be given if substantially similar replacement coverage takes effect without interruption and is provided by the same insurer. If the Group Policy for this EOC is canceled or non-renewed by either MEMBERS LOYALTY TRUST or Lyndon Southern Insurance Company, the coverage benefits will continue to be in force for the period for which premium has already been paid to Lyndon Southern Insurance Company.

Claims. Benefits payable under this EOC for any Identity Theft Expenses will be paid upon receipt of due proof of the Identity Theft, and all required information necessary to support the claim.

Misrepresentation and Fraud. Coverage for You or a Family Member may be cancelled if You or a Family Member have concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof, or the interest of You or a Family Member therein. Coverage may also be cancelled if You or a Family Member commit fraud or false swearing in connection with any of the above.

Other Insurance. Coverage is secondary to any other applicable insurance or indemnity available to You or a Family Member. Coverage is limited to only those amounts not covered by any other insurance or indemnity. It is subject to the conditions, limitations, and exclusions described in this document. In no event will this coverage apply as contributing insurance. This Other Insurance clause will take precedence over a similar clause found in other insurance or indemnity language.

Legal Actions. No action at law or in equity shall be brought to recover under this EOC prior to the expiration of sixty (60) days after proof of the Identity Theft has been furnished in accordance with the requirements of this coverage.

Subrogation. If payment is made under this EOC, we are entitled to recover such amounts from other parties or persons. You must transfer to Us Your rights to recovery against any other party or person. You must also do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from You.

Dispute Resolution. evado|PROTECT Plus℠ benefits are subject to the terms and conditions outlined and include certain restrictions, limitations, and exclusions. In the event of any conflict between the EOC and the Group Policy, the Group Policy will govern. The Group Policy is on file at the offices of the Administrator. The EOC shall be interpreted and enforced according to the laws of the state of Delaware.

TERMS AND CONDITIONS OF GROUP IDENTITY FRAUD DETECTION AND RECOVERY SERVICES
 Consumers who are eligible for the group identity fraud detection and recovery service (“Services”) include all named accountholders who participate in a covered Account with Beacon Bank (“Eligible Consumer”). This is known as the “Eligibility Requirement”. Beacon Bank is hereinafter referred to as the “Program Sponsor”.
 
 The Services are offered through a group services agreement (“Group Program”) with the Program Sponsor and the Service Provider and are extended to Eligible Consumers and, unless otherwise stated, their eligible family members described as “3G Family” below. Eligible Consumers and 3G family are collectively referred to as “Group Members”.

“3G Family” is defined as the Eligible Consumer, and his/her spouse or domestic partner, dependents in the household up to age 25, other IRS-qualified dependents in the household, and parents living at the same address as the consumer, or living in hospice, assisted living, or nursing home. Group Members are eligible for the Services for up to 12 months after death.
Access to the Services (“Benefits Period”) begins when the Eligible Consumer first meets the Eligibility Requirement, and ends when the Eligible Consumer no longer meets the Eligibility Requirement or when Program Sponsor terminates the Group Program, whichever occurs first. You may find additional information about the Services at www.Beaconbank.com.

The Services provide professionals to manage the detection, investigation, and remediation of incidents of identity fraud caused by Identity Theft. “Identity Theft” is defined as fraud that involves the use of any combination of a Group Member’s name, address, date of birth, Social Security number, bank or credit/debit card account number, or other identifying information without the knowledge of the Group Member, and such information is used to commit fraud or other crimes. Only Identity Theft incidents that are discovered and reported to the Program Sponsor or the Service Provider during the Benefits Period will be covered by the Services.

Group Members have been pre-registered with the Service Provider (typically name and email address only) for the sole purpose of enabling Eligible Consumers to activate their entitlement to credit monitoring services (“Credit Monitoring Entitlement”). The Service Provider will not ask for any payment nor is there any cost to Eligible Consumers now or in the future for utilizing the Credit Monitoring Entitlement. 3G Family members are NOT eligible for the Credit Monitoring Entitlement. Regardless of status as an Eligible Consumer, the Credit Monitoring Entitlement is applicable only to individuals age 18 and older who have a valid credit file. The Eligible Consumer must proactively activate their Credit Monitoring Entitlement to receive the benefit of credit monitoring. If an Eligible Consumer does not utilize the Credit Monitoring Entitlement, it does not prevent the Eligible Consumer from utilizing the other Services, nor does it constitute a failure of the Services. Online activation and toll-free telephone assistance are available to help Eligible Consumers activate the Credit Monitoring Entitlement.

The Services include reimbursement for expenses incurred in identity theft recovery up to the limit of $25,000 for Eligible Consumers and qualifying family members. Identity theft insurance is underwritten by Lyndon Southern Insurance Company, a member of the Fortegra family of companies. The information provided is a program summary. Please refer to the Identity Theft Expense Reimbursement Evidence of Coverage forms for additional information including details of benefits, specific exclusions, terms, conditions and limitations of coverage. Coverage is currently not available in NY and may not be available in other U.S. territories or jurisdictions.

The Services may assist the Group Member in seeking reimbursement for funds stolen in the Identity Theft incident, and/or providing assistance for filing a claim for insurance, but do not provide a guarantee of reimbursement for financial losses of any kind arising from the Identity Theft incident.

The Services are non-transferable and non-cancelable by the Group Member and have no cash equivalent. There is no fee for using the Services; however, the account or service to which the Eligibility Requirement is attached may have a fee, based on the provisions of the account/service agreement that the Eligible Consumer has with the Program Sponsor.
 
 Neither the Program Sponsor nor its contracted Service Provider can be held responsible for failure to provide or for delay in providing the Services when such failure or delay is caused by conditions beyond the control of the Program Sponsor and its Service Provider.
 
 The successful completion of the Services described herein depends on the cooperation of the Group Member. The Services may be refused or terminated if it is deemed that the Group Member is committing fraud or other illegal acts, making untrue statements, or failing to perform his/her responsibilities as part of the Services, or has obtained the Services knowingly without meeting the Eligibility Requirement. The Services will not be refused or terminated due to the complexity of an identity fraud case.
 
THE SERVICES DO NOT INCLUDE CREDIT COUNSELING OR REPAIR TO CREDIT NOT AFFECTED BY FRAUD OR IDENTITY THEFT.
 The Services are only available to residents of the United States. The Services are performed with agencies and institutions in the United States, or territories where U.S. law applies.

To access the Services, Group Members can contact the local branch office of their Program Sponsor or call 1-866-762-7868.
 
 The Services are offered through an Agreement with NXG Strategies, LLC, www.nxgstrategies.com. Other Service Providers are subject to change and include Merchants Information Solutions, Inc., www.merchantsinfo.com, and TransUnion®, www.transunion.com. Collectively these organizations are referred to as the “Service Provider”.

CELLULAR WIRELESS TELEPHONE PROTECTION - CONSUMER

Key Terms

Throughout this document, you and your refer to the cardholder. We, us, and our refer to New Hampshire Insurance Company, an AIG company, New York, NY.

Account Holder means a person to whom an eligible account is issued and who holds the eligible account under his or her name.

Administrator means Sedgwick Claims Management Services, Inc. You may contact the administrator if you have questions regarding this coverage or would like to make a claim. The administrator may be reached by phone at 1-800-Mastercard.

Authorized User means a person who is recorded as an authorized user of an eligible account by the account holder and who is authorized by the account holder to make payments to the eligible account.

Cardholder means the account holder or authorized user of an eligible account in good standing.

Covered Card means the Mastercard card linked to your eligible account.

Eligible Account means the account associated with the cardholder’s U.S. issued credit card, debit card, checking account, line of credit, loan, certificate of deposit or other account that is eligible for coverage under the group policy.

Eligible Cellular Wireless Telephones means the cellular telephones associated with the primary line and additional or supplemental lines on the eligible person’s monthly billing statement from a cellular provider for the billing cycle preceding the month in which the theft or damage occurred.

Eligible Person means a cardholder who charges his or her monthly bill for an eligible cellular wireless telephone to his or her covered card. No person or entity other than the eligible person(s) described shall have any legal or equitable right, remedy or claim for the insurance proceeds arising out of this coverage.

Evidence of Coverage (EOC) means the summary of benefits set forth below which describe the terms, conditions, limitations and exclusions of the coverage provided to you at no additional charge under the group policy. Representations or promises made by anyone that are not contained in the group policy are not part of your coverage. In the event the EOC, Key Terms, or Legal Disclosures of this Guide to Benefits conflict with the provisions of the group policy, the terms of the group policy govern your coverage.

Group Policy means the Cellular Protection Insurance Policy entered between New Hampshire Insurance Company, an AIG Company, and Mastercard Insurance Master Trust, which is the subject of this Guide to Benefits.

Mysteriously Disappear means the vanishing of an item in an unexplained manner where there is absence of evidence of a wrongful act by a person or persons.

Stolen means taken by force and/or under duress or a loss which involves the disappearance of an eligible cellular wireless telephone from a known place under circumstances that would indicate the probability of theft and for which a police report was filed within forty-eight hours of the theft.

EVIDENCE OF COVERAGE

Refer to Key Terms for the definitions of you, your, we, us, our, and words that appear in bold. This EOC is subject to the Legal Disclosures set forth below.

A. To get coverage:

You must charge your monthly eligible cellular wireless telephone bill to your covered card. You are eligible for coverage the first day of the calendar month following the payment of your eligible cellular wireless telephone bill to your covered card. If you pay an eligible cellular wireless telephone bill with your covered card and fail to pay a subsequent bill to your covered card in a particular month, your coverage period changes as follows:

1. Your coverage is suspended beginning the first day of the calendar month following the month of nonpayment to your covered card; and
2. Your coverage resumes on the first day of the calendar month following the date of any future payment of your eligible cellular wireless telephone bill with your covered card.

B. The kind of coverage you receive:

• Reimbursement for the actual cost to replace or repair a stolen or damaged eligible cellular wireless telephone.
• Coverage ends on the earliest of: The date you no longer are a cardholder; the date the covered card is determined to be ineligible by the participating organization; the date the participating organization ceases to pay premium on the group policy; the date the participating organization ceases to participate in the group policy; the date the group policy is terminated.

C. Coverage limitations:

Coverage for a stolen or damaged eligible cellular wireless telephone is subject to the terms, conditions, exclusions, and limits of liability of this benefit. The maximum liability is $800 per claim, and $1,000 per covered card per 12-month period. Each claim is subject to a $50 deductible. Coverage is limited to two (2) claims per covered card per 12-month period.

Coverage is excess of any other applicable insurance or indemnity available to you. Coverage is limited only to those amounts not covered by any other insurance or indemnity. In no event will this coverage apply as contributing insurance. This “non-contribution” clause will take precedence over a similar clause found in other insurance or indemnity language.

D. What is NOT covered:

The following items are excluded from coverage under the group policy:

• Eligible cellular wireless telephone accessories other than the standard battery and standard antenna provided by the manufacturer;
• Eligible cellular wireless telephones purchased for resale or for professional or commercial use;
• Eligible cellular wireless telephones that are lost or mysteriously disappear;
• Eligible cellular wireless telephones under the care and control of a common carrier, including, but not limited to, the U.S. Postal Service, airplanes or delivery service;
• Eligible cellular wireless telephones stolen from baggage unless hand-carried and under the eligible person’s supervision or under the supervision of the eligible person’s traveling companion who is previously known to the eligible person;
• Eligible cellular wireless telephones stolen from a construction site;
• Eligible cellular wireless telephones which have been rented or leased from a person or company other than a cellular provider;
• Eligible cellular wireless telephones which have been borrowed;
• Eligible cellular wireless telephones that are received as part of a pre-paid plan;
• Cosmetic damage to the eligible cellular wireless telephone or damage that does not impact the eligible cellular wireless telephone’s ability to make or receive phone calls (including minor screen cracks and fractures less than 2 inches in length that do not prevent the ability to make or receive phone calls or to use other features related to making or receiving phone calls);
• Damage or theft resulting from abuse, intentional acts, fraud, hostilities of any kind (including, but not limited to, war, invasion, rebellion or insurrection), confiscation by the authorities, risks of contraband, illegal activities, normal wear and tear, flood, earthquake, radioactive contamination, or damage from inherent product defects or vermin;
• Damage or theft resulting from mis-delivery or voluntary parting from the eligible cellular wireless telephone;
• Replacement eligible cellular wireless telephone(s) purchased from anyone other than a cellular service provider’s retail or internet store that has the ability to initiate activation with the cellular service provider;
• Taxes, delivery or transportation charges or any fees associated with the service provided; and
• Losses covered under a warranty issued by a manufacturer, distributor or seller.

In addition, we shall not be deemed to provide cover and we shall not be liable to pay any claim or provide any benefit under the group policy to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose us, our parent company or its ultimate controlling entity to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America.

E. How to file a claim:

• Call 1-800-Mastercard or go to www.mycardbenefits.com to open a claim. You must report the claim within 90 days of the loss, or as soon as reasonably possible, or the claim may not be honored. Upon receipt of a notice of claim, we will provide you with the necessary instructions for filing proof of loss. Written proof of loss must be submitted to our administrator within 120 days of the loss or the claim may not be honored. Required documentation may include but is not limited to the following:
  • Your card statement reflecting the monthly eligible cellular wireless telephone payments for the month preceding the date the eligible cellular wireless telephone was stolen or suffered damage;
  • A copy of your current wireless service provider’s billing statement;
  • If a claim is due to damage, a copy of the repair estimate and photos of the damage;
  • If the claim is due to theft, a copy of the police report filed within 48 hours of the theft; and
  • Any other documentation or information reasonably requested by us to support the claim.

Legal Disclosure

This Guide to Benefits is not, by itself, a policy or contract of insurance or other contract.

Benefits are provided to you, the cardholder, at no additional charge. The insurance benefits are provided under the group policy issued by New Hampshire Insurance Company, an AIG company. This Guide to Benefits is a summary of benefits provided to you. The attached Key Terms and EOC are governed by the group policy.

Effective date of benefits: Effective July 1, 2019, this Guide to Benefits replaces all prior disclosures, program descriptions, advertising, and brochures by any party. The Policyholder and the insurer reserve the right to change the benefits and features of these programs at any time. Notice will be provided for any changes.

Cancellation: The Policyholder may cancel these benefits at any time or choose not to renew the insurance coverage for all cardholders. If the Policyholder cancels these benefits, you will be notified in advance. If we terminate, cancel, or choose not to renew the coverage to the Policyholder, you will be notified as soon as is practicable. Insurance benefits will still apply for any eligible coverage that attaches prior to the date of such termination, cancellation, or non-renewal, subject to the terms and conditions of coverage.

Benefits to you: These benefits apply only to eligible accounts issued in the United States. The United States is defined as the fifty U.S. states and the District of Columbia. No person or entity other than you shall have any legal or equitable right, remedy, or claim for benefits, insurance proceeds and damages under or arising out of these programs. These benefits do not apply if your card privileges have been cancelled. However, insurance benefits will still apply for any benefit you were eligible for prior to the date that your eligible account is suspended or cancelled, subject to the terms and conditions of coverage.

Transfer of rights or benefits: The group policy is not assignable, but the benefits may be assigned.

Intentional Misrepresentation and Fraud: If any request for benefits made under the group policy is determined to be fraudulent, or if any fraudulent means or devices are used by you or anyone qualifying as an insured to obtain benefits under the group policy, all benefits will be forfeited. No coverage is provided if you or anyone qualifying as an insured does the following: (1) Conceals or misrepresents any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or (2) conceals or misrepresents any fact that contributes to the loss.

Due Diligence: You must exercise or perform all vigilant activity, attentiveness, and care that would be exercised or performed by a reasonable and prudent person in the same or similar circumstances to avoid, diminish, or reduce any loss or damage insured under the group policy.

Subrogation: If payment is made under these benefits, we are entitled to recover such amounts, to the extent of our payments, from other parties or persons. Any party or person who receives payment under these benefits must transfer to us his or her rights to recovery against any other party or person and must do everything necessary to secure these rights and must do nothing that would jeopardize them.

Salvage: If an item is not repairable, we may request that you send the item to us for salvage at your expense. Failure to remit the requested item for salvage to us may result in denial of the claim.

Severability of Provisions: If in the future any one or more of the provisions of this Guide to Benefits is, to any extent and for any reason, held to be invalid or unenforceable, then such provision(s) shall be deemed “severable” from the remaining provisions of the Guide. In that event, all other provisions of this Guide shall remain valid and enforceable.

Benefits listed in this Guide to Benefits are subject to the conditions, limitations, and exclusions described in each benefit section. Receipt and/ or possession of this Guide to Benefits does not guarantee coverage or coverage availability.

This Guide is intended as a summary of services, benefits, and coverages and, in case of a conflict between the Guide and the group policy, the group policy shall control.

Washington Residents: For Washington residents only, Evidence of Coverage (EOC) means the section of this Guide to Benefits that describes the terms, conditions, and exclusions of your coverage. The EOC, Key Terms, and Legal Disclosures are in the entire agreement between you and us. Representations or promises made by anyone that are not contained in the EOC, Key Terms, or Legal Disclosures are not part of your coverage. In case of a conflict between this Guide to Benefits and the group policy, the Guide to Benefits shall control.

©2019 Mastercard.

 Member FDIC

Effective February 9, 2026

PERSONAL DEPOSIT ACCOUNT TERMS & CONDITIONS

Personal Account Disclosures

Terms and Conditions of Your Account

Introduction

Welcome to Beacon Bank & Trust, and thank you for opening and maintaining a personal deposit account with us. When we refer to a general category or type of deposit account in this document (such as “checking account” or “savings account”) it means any and all such accounts in that category that we may offer and that you may have (each an “Account” and collectively, “Accounts”). This document together with our Truth in Savings Disclosure specific to your type of deposit Account (“Account Disclosures”), the Common Features Consumer Fee Schedule (“Fee Schedule”), and any other documents we provide to you regarding your deposit Account is a contract (also referred to as this “Agreement”) that establishes the rules which control your deposit Account with us. Please read this Agreement carefully so you understand your rights and obligations for your deposit Account with us and retain a copy for your records. If you have any questions about this Agreement or your Accounts, please contact our Customer Call Center at 800-698-BANK (800-698-2265), call one of our bank offices, or visit our website, www.beaconbank.com. This Agreement is made between you (collectively, “Customer”, “you”, or “your”) and Beacon Bank & Trust (collectively, “Bank”, “we”, “our”, “us”) and governs our relationship. As used in this Agreement, the term “Item” or “Items” means any check, Automated Clearing House (“ACH”) or other electronic funds transfer request or instruction, teller cash withdrawal, ATM withdrawal, debit card purchase, fee, charge, deposit or other amount that is added to or subtracted from your Account. This Agreement replaces and supersedes any prior agreement governing your Account with us and any related Account Disclosures you may have received. By opening and maintaining a personal deposit Account with us, or by continuing to maintain or use an existing personal deposit Account with us, you agree to be bound by the terms and conditions of this Agreement. References to Beacon Bank in this document shall refer to Beacon Bank & Trust.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION AND CLASS ARBITRATION WAIVER, WHICH APPEAR BELOW UNDER THE HEADING “ALTERNATIVE DISPUTE RESOLUTION PROCESS, ARBITRATION, WAIVER OF CLASS ACTION AND OPT-OUT PROCEDURES.” IT IS IMPORTANT THAT YOU READ THESE PROVISIONS CAREFULLY.

Scope of This Agreement

This Agreement is supplemented by the terms of other agreements you may have entered into with us, or will enter into with us in the future based on the services you request that we provide to you, including, but not limited to the eSign Disclosure, External Transfers Agreement, Funds Availability Disclosure, Online Banking Disclosure, Courtesy Pay Disclosure, Privacy Policy, and, as applicable, the Common Features Consumer Fee Schedule (“Fee Schedule”) and the Account Disclosures that govern certain terms, conditions, and fees specific to the type(s) of your personal deposit Account(s) with us, each as may be amended from time to time (such additional agreements, Fee Schedule and related Account Disclosures being referred to as an “Account Agreement” and collectively as the “Account Agreements”). The terms and conditions of your Account Agreements are incorporated by reference and made a part of this Agreement. In the event of a conflict between the terms of this Agreement and any Account Agreements, the terms of this Agreement shall control as in regard to the provision of services outlined below. Any terms not defined in this Agreement shall have the meaning assigned to them in the Account Agreements.

This Agreement is for personal deposit Accounts only. Personal deposit Accounts are those Accounts that are used for personal, family, or household purposes. For information on other types of Accounts we offer, please visit our website at www.beaconbank.com, contact us at 800-698-BANK (800-698- 2265), or visit one of our bank offices.

Definitions

Capitalized terms used in this Agreement are defined in parentheses where they appear, as above with the definition of this Agreement. References to “Customer”, “you”, or “your” apply to you or anyone else with the authority to deposit, withdraw, or exercise control over the funds in the Account. The headings in this document are for convenience purposes only.

Governing Law, Venue

This Agreement and your and our rights and obligations under this Agreement are governed by and interpreted according to federal laws and the laws of the Commonwealth of Massachusetts (except to the extent that this Agreement can and does vary from such rules or laws) and without regard to choice of law principles. If state and federal laws are inconsistent or if federal law preempts state law, federal law governs.

If any provision of our agreements is impermissible under applicable federal or state laws, the affected provision will be considered changed to the extent necessary to comply with those laws. Any litigation arising out of or in connection with any dispute between the parties will be filed and heard in the state or federal courts in the Commonwealth of Massachusetts and you and we consent to the exclusive jurisdiction of such courts.

This Agreement and your Account is subject to applicable federal laws, the laws of the state of the bank office in which your Account is located and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this Agreement can and does vary such rules or laws). The state where your account is located will be determined by the following:

The body of state and federal law that governs our relationship with you is too large and complex to be reproduced here. If there are any changes to where your account is located, we will give you reasonable notice in writing or by any other method permitted by law.

Throughout this Agreement, when a provision is identified as being applicable to a certain state (for example, “in New York”), it means that the provision in that section is only applicable if your Account is held at a bank office located in that particular state. Any provision which is not described as applying to a particular state applies to your Account.

EACH OF THE PARTIES TO THIS AGREEMENT WAIVES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE BETWEEN THE PARTIES.

Binding Contract

This Agreement, along with any other Account Agreement(s), is a binding contract that establishes rules that govern your deposit Account and relationship with us. If you open an Account, or conduct transactions and continue to have your Account with us, you agree to these rules. You will receive a separate Account Disclosure and Fee Schedule, which discloses the interest rate, annual percentage yield, qualifying balances, fees, and other important information applicable to your Account. You agree to maintain a positive account balance at all times and agree that failure to maintain a positive account balance is a breach of your contractual obligations.

This Agreement provides a summary of certain laws and regulations that apply to common transactions, provides some disclosures for deposit Accounts that are required by federal law, and establishes terms that cover some transactions or situations that the law either does not cover, or that it allows us to change in this Agreement.

By opening an Account with us, you acknowledge that our deposit relationship with you is that of debtor and creditor. This Agreement and the deposit relationship established by it does not create a fiduciary relationship between us. We owe you a duty of ordinary care. Any of our internal policies are solely for our purposes and to benefit Beacon Bank & Trust and do not impose a higher standard of care on us than would otherwise apply by law without such policies and procedures.

Business Day

For purposes of this Agreement and applicable Account Disclosures, the term “business day” refers to every day, except Saturdays, Sundays, and federal holiday.

Changes to Agreement

We may make changes and additions to this Agreement at any time without providing advanced notice to you. We may add or remove terms, add new services, or discontinue existing services. Ordinarily we will send you advanced notice of any adverse changes, but we may make these changes without advanced notice if notice is not required by law. Please see the Notices section of this Agreement for more information about how we provide notice. We may, but are not required to, notify you of changes that we make for security reasons or that we believe are beneficial to you. When we make changes to the Agreement, the then-current version of this Agreement supersedes any existing versions of this Agreement and governs your Account. If your Account remains open after a change, you are deemed to have accepted the change and are bound by it. If you do not agree to the change, you may close your Account as provided for in this Agreement.

In the event of a conflict between the information contained in this Agreement or the Account Agreements, and a statement made by one of our employees, the terms of this Agreement or the applicable Account Agreement will prevail.

RESOLUTION OF DISPUTES

What is a Dispute?

As used in this Agreement, “Dispute” means any past, present, or future controversy or claim arising out of or relating to this Agreement, the breach of this Agreement, your Account, Account-related services, Account errors, or unauthorized transactions, regardless of the legal theory asserted or remedy sought. The term “Dispute” specifically includes any claim made by or against any authorized user, Joint Account owner, Account beneficiary, employee, agent, representative, predecessor, successor, heir, assignee, bankruptcy trustee, affiliate, parent, or subsidiary of the Account holder. Please see section VII, Alternative Dispute Resolution Process, Arbitration, Waiver of Class Action and Opt-Out Procedures for more details about our dispute resolution process.

Any action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to your account, safe deposit box, or any other account service must be commenced within one year after the cause of action accrues.

Charges and Fees

You agree (for yourself and the person or entity you represent if you sign as a representative of another), to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable Fee Schedule or disclosures. You authorize us to deduct charges and fees accrued directly from the Account balance. You agree to pay the Bank the fees and charges set forth in the Account Disclosure and any additional fees and charges imposed by the Bank from time to time under the Account Agreements (e.g. Overdraft/UAF Fee discussed in the Additional Terms and Services section of the Agreement), Account Disclosure and associated Fee Schedule, and any other written agreement between you and the Bank (including but not limited to the eSign Disclosure, Online Banking Disclosure, External Transfers Agreement, Funds Availability Disclosure, Electronic Funds Transfer Agreement, Privacy Policy, any rules covering individual retirement accounts (IRAs), or any other agreements for any other accounts) as they currently exist or as they may be amended or replaced from time to time. We may change the fees in the Account Disclosure, and the Fee Schedule at any time and will provide notice of the changes in the same way that notice is provided for changes to the Account Agreements.

You are liable for and agree to pay all of the Bank’s internal and external costs, collection expenses, or other expenses we incur from your failure to perform any of your obligations under this Agreement. All these costs and expenses, such as collection and recovery costs, attorneys’ fees, and court costs, including fees on any mediation, arbitration, appeal, bankruptcy proceedings, and post judgment collection actions, will be added to your present debt, and interest may be charged on them at the highest rate allowed by law. You are liable for and agree to pay Bank’s internal and external costs incurred from your deposit of a check payable in a foreign currency for which dollar credit has been given.

We may deduct all fees and charges from any Account of any Account Holder without prior notice. This liability is due immediately and may be deducted by us directly from the Account balance regardless of whether sufficient funds are available. You have no right to defer payment of this liability, you are liable regardless of whether you signed the Item or benefited from the charge or overdraft. It is a breach of this Agreement for you to fail to maintain sufficient funds to pay for any transaction authorized by you.

Freezing an Account

We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a Dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or until the Dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds.

Conflicting Claims Involving Your Account

If we receive notice of an actual or potential claim from a third party regarding your Account, or if we believe that a conflict exists between Joint Account owners and/or authorized signers on the Account, or if there appears to be a controversy over matters such as ownership of the Account, funds held in the Account, or who has the authority to withdraw funds we may:

Without prior notice to you, we may charge against or deduct from your Account or otherwise bill you directly, an amount representing our expenses incurred in handling the conflicting claims on your Account, including, without limitation, attorneys’ fees and litigation costs, as permitted by applicable law. We may also assess and debit from your account any applicable fees set forth in the Fee Schedule (as may be amended from time to time) that may be assessed as a result of the Dispute in accordance with applicable law.

Closing an Account

You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven (7) days’ advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing.

Evidence of Transactions

If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule.

Indemnification and Limitation of Liability

You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages.

We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service; (6) the potential violation of any guideline, rule or regulation of any government authority; (7) suspension of payment by another bank; or (8) your act, of omission, negligence, or fault. Except as limited by applicable law, we are not liable for special, incidental, exemplary, multiple, punitive, or consequential losses or damages or lost profits of any kind, even if you advised us of the possibility of such damages or losses.

Our maximum liability is the lesser of your actual damages proved or the amount of the missing deposit or the forgery, alteration or other unauthorized withdrawal, reduced in all cases by the amount of the loss that could have been avoided by your use of ordinary care. You agree that the amount of any claim you have against us in connection with any Account or transaction you have with us is subject to reduction to the extent that: 1) negligence or failure to use reasonable care on your part, or on the part of someone you have authorized to have access on your Account, contributed to the loss which is the basis of your claim; and 2) damages could not be avoided using ordinary care.

You agree to pursue all rights you may have under any insurance policy you maintain in connection with any loss associated with your Account and to provide us with information regarding coverage. Our liability will be reduced by the amount of any insurance proceeds you receive or are entitled to receive for the loss. In addition, any loss or recovery you obtain from third parties on a particular claim will reduce the amount of any obligations we may have to you on that claim and you agree to notify us immediately of any such recovery. If we reimburse you for the loss and the loss is covered by insurance, you agree to assign us your rights under the insurance policy to the extent of our reimbursement, in accordance with this provision.

Waiver and Severability

We may delay enforcing our rights under this Agreement without losing them. No delay in enforcing our rights will affect your obligation to pay us fees and other amounts you owe us under this Agreement. If we waive a provision of this Agreement, the waiver applies only to the specific instance in which we decide to waive the provision and not to future situations or other provisions. If any part of this Agreement is inconsistent with any applicable law, then to the extent the law can be amended by contract, you and we agree that this Agreement governs and that the law is amended by this Agreement. A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.

Inquiries

If you have any questions about this Agreement or about your Account, please stop by your local bank office, or call us at 800-698-BANK (800-698-2265). We may monitor or record phone calls and electronic communications for security reasons and to ensure that you receive courteous service. You consent in advance to any such action.

Establishing an Account

We offer a variety of checking, savings, money market, and certificate of deposit (CD) Accounts. From time to time, we create new Accounts or discontinue certain existing products. Discontinued products may not be reflected in our most current Account Disclosure. If you open a retirement account with us, we are the custodian of any Individual Retirement Account (IRA) or Simplified Employee Pension Plan (SEP).

Account Opening

We are required by law, including the USA PATRIOT Act, to obtain, verify, and record information that identifies each person who opens an Account. When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. For Accounts opened at a bank office, all Account holders must sign a signature card in order to open an Account. Your deposit Account will be considered open once we have received and approved all required Account opening documentation, assigned you an Account number, and received your initial deposit. We may require additional signatures or other verification documentation during your Account relationship with us.

Identification

We require proper identification to open an Account or to make any withdrawal from and certain deposits to an Account. We may require more than one form of identification for our protection and yours, or as required by law. We reserve the right in our sole discretion to determine what form(s) and method(s) of identification is necessary under the circumstances. For example, identification requirements may vary depending on whether they are online or in person. We may require documentary or physical identification. Information provided by you at the time the Account is opened is subject to verification and may become part of your permanent Account record.

Credit Reports and Other Inquiries

We may make any inquiries that we consider appropriate to help us determine if we should open, maintain, or close your Account or any service provided in connection with an Account. This may include verification of employment, credit reports or other reports from account information services and credit reporting agencies. If you ask, we will tell you whether we requested a credit report and, if we did request a report, we will tell you the name, address, and telephone number of the reporting agency.

Reporting to Account Information Services 

If we close your Account because of unsatisfactory handling, we generally report to account information services such as eFunds, Inc. your name, address, Taxpayer Identification Number (TIN), driver’s license number, and the date and reason the Account was closed. The account information service may supply the information to others. This may adversely affect your ability to establish an Account at any financial institution for up to five years from the date of the report. If you think the data we report to account information services on your Account is not correct or if you have questions regarding the data, write to us at Beacon Bank & Trust, Attn: Deposit Services, PO Box 1308, Pittsfield, MA 01202 or telephone us at 800-698-BANK (800-698-2265). Please provide your name, Account number, and why you believe there is an inaccuracy or describe the Item you are not sure about. We will complete our investigation, notify you of our findings, and, if necessary, submit corrections, as required by the Fair Credit Reporting Act.

Taxpayer Information

We report Account name and TIN (Taxpayer Identification Number) information to the Internal Revenue Service (“IRS”). The IRS requires that names and TIN numbers match their records. If they do not, your Account may be subject to federal backup withholding tax and penalties. The primary Account signer on a personal Account is required to certify their TIN and that they are not subject to backup withholding of federal income taxes. We are required to report certain dividend, interest, and other payments we make to you to the IRS. We include your TIN in those reports. In addition, if another party will be responsible for the tax reporting on the account (such as the beneficiary on a Social Security Representative Payee or Uniform Transfers to Minors Act Account), the beneficiary (or their legal representative) will be required to certify their TIN.

IRS Form W-8 BEN

If you have indicated that you, and/or if a joint owner of the Account are not U.S. citizens nor residents, you will be required to complete an IRS Form W-8 BEN and an associated bank form. In addition, you will need to provide identification as requested and a copy of a valid travel visa. We comply with the Foreign Account Tax Compliance Act (FATCA) as mandated by U.S. federal tax law. We will withhold on certain payments when required by such law. For more information on how this applies to you, please consult your tax advisor.

Account Ownership

The following rules apply to your Account(s) depending on the form of ownership and beneficiary designation, if any, specified on the Account records. You agree that when you open an Account the titling of the Account is correct and that the Bank has no responsibility to inform you as to how the titling may affect your legal interests. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the Account funds. When you open your Account, we rely on your representations and requests as to the appropriate Account type. If you have any questions as to the legal effects of an Account, you should consult with your own attorney or advisor. Each owner/signer named on your Account is authorized to obtain information on your Account, endorse and deposit Items payable to your Account, sign checks, drafts, Items or other written orders, and execute the Bank’s wire transfer agreements used to initiate wires in the Bank’s bank offices, place and remove stop payment requests and make withdrawals. The Bank does not, however, verify the signatures on every check paid against your Account, which is in accordance with industry standards and you agree that this is not a failure by the Bank to exercise ordinary care. When you receive your periodic statement, you should carefully and promptly examine it to verify that only authorized checks have been paid and/or that only authorized transactions have occurred. The Bank will not be liable if we refuse to honor any Item that we believe, in our discretion, does not contain a genuine authorized signature.

If you ask us to make a change to your Account, and we agree to make that change, the change does not become effective until we have a reasonable time to act. If we request that you provide us with additional documents to make the change and you do not do so, we may close your Account.

We rely on the information we have on file about your Account at the time we accept a deposit or fulfill a withdrawal request. When we process a request for withdrawal in accordance with the terms of this Agreement by an authorized signer or the agent of any signer on the Account, the withdrawal or payment serves as a complete release and discharge of the Bank from all claims regarding withdrawal or payment. If you request that we open an Account in the name of two or more individuals, but we later determine that one or more of them have not completed our Account opening process, you agree to hold us harmless from reliance on your instructions. We may require you to close an Account in order to remove a co-owner, terminate a joint ownership or change a payable on death or trust designation.

Assignment, Pledge or Transfer of Account

Your Account is for your use only. Ownership of your Account is transferable only on our records. You may not transfer or assign ownership of your Account to another party without our written consent. Even if we consent, we may require that you close the Account and that the new Account owner open a new Account in his/her name. We may refuse to acknowledge or accept attempted pledges or assignments of an Account or purported security interests in an Account. We may, at our sole discretion, permit you to pledge your Account as collateral for a loan made by us.

However, you may not pledge your IRA or SEP Account as collateral for a loan.

Power of Attorney 

If you would like to appoint someone as your attorney-in-fact to act on your behalf on your personal deposit Account(s), we may request that you or your attorney-in-fact provide us with an original or certified copy of your power of attorney documentation. We may also request that you or your attorney-in-fact complete additional documentation certifying, among other things, that the power of attorney documents are still valid and in effect. In our sole discretion, and to the extent permitted by applicable law, we may refuse to recognize a power of attorney document provided to us by you or your attorney-in-fact. If we recognize the authority of the person acting under a power of attorney, you agree that we shall have the right to rely on that power and the authority of the person acting, and we shall have no obligation to determine whether the attorney-in-fact is acting properly under the agreement. We are not liable for the misapplication of funds from your Account by the attorney-in-fact, or if the attorney-in-fact exceeds their authority or otherwise does not comply with applicable law. When we accept a power of attorney document, we may continue to recognize such power unless and until we receive: (a) a signed, written revocation of the power of attorney; (b) a signed, written notice that a conservator or guardian has been appointed for your estate along with a certified copy of the appointment; or (c) a certified copy of your death certificate or other confirmed notification of your death.

Power of attorney documents may not be used to delegate authority over any Accounts for which you are a designated fiduciary.

Death or Incompetence

You agree to notify the Bank promptly if any owner or authorized signer on your Account dies or is declared incompetent by a court. Neither a depositor’s death or legal adjudication of incompetence revokes the Bank’s authority to accept, pay or collect Items until the Bank is notified of the fact of death or of an adjudication of incompetence and has a reasonable opportunity to act on it. Even with knowledge, the Bank may, for ten (10) days after the date of death or adjudication of incompetence, pay checks drawn on or before said date unless ordered to stop payment by a person claiming an interest in the Account. If a deposit or credit is made to an Account (such as Social Security, pension or Veteran’s benefits) payable to an individual who is or becomes deceased, we may return or refund the deposit and debit the Account.

Relationship Benefits

Certain checking Accounts provide you with “relationship benefits” including waiver of certain fees or monthly service charges on savings or money market Accounts. If you close a checking Account that provides relationship benefits, or convert it to another type of Account, we reserve the right to convert your other related savings or money market Accounts to Accounts that do not offer the relationship benefits. For example, if you have a Relationship Money Market account and either close your Checking Plus Checking or Premium Checking account or downgrade it to a Free Checking account, we may convert your Relationship Money Market Account to a Personal Money Market account. For fees on Checking Accounts and the minimum balances to avoid monthly service charges, see the Beacon Bank & Trust Truth in Savings Disclosure.

In Massachusetts, Notice Regarding Massachusetts “18/65” Statute

Pursuant to the Massachusetts “18/65” law, if you are a Massachusetts resident, and you notify us that you are 18 years of age or younger, or if you are 65 years of age or older you may have one savings Account (except for a money market Account) and one checking Account at a Massachusetts bank without having to pay a service maintenance fee or similar charge. We have no obligation to inquire as to your eligibility under this law if you do not notify us of your eligibility; we have no obligation to administer your Accounts in this way. The Bank may assess a reasonable charge (in accordance with our Fee Schedule) for any Overdraft or UAF Overdraft (see the Overdrafts section) or other fee-related Items, such as the purchase of a Cashier’s Check.

Notice for Massachusetts Customers 18 Years of Age or Younger

For Accounts for Massachusetts residents 18 years of age or younger, we reserve the right to convert the “18/65” Account to a Free Checking or Personal Savings Account at any time after the person’s nineteenth birthday. We will provide notification thirty (30) days in advance, prior to the product change.

Deposits

All checks and other Items of every kind and nature deposited (other than cash) and posted to your Accounts are provisional and subject to our receipt of final payment. In accepting the Items for deposit, we make no warranty as to their collection. The availability of funds deposited will be in accordance with our Funds Availability Disclosure, which can be found in this document.

If final payment is not received, we reserve the right to charge the Account for the amount of those funds. In such an instance, we may impose fees on your Account as indicated in this Agreement, in accordance with our Fee Schedule. If you do not have a sufficient Available Balance in your Account then the Item will be submitted to collections. If we incur any fee in connection with collections activities, we may charge the fees to your Account.

We reserve the right to refuse or to return all or a part of any funds deposited to your Accounts at any time. We may receive multiple credit or debit transactions on your Accounts in many different forms and during many different times throughout each day. The best way to know how much money you have available to spend, and to avoid paying fees, including but not limited to Overdraft Fees, Uncollected Available Funds (UAF) Fees or collection fees, is to record and track all of your transactions closely.

Any balance estimate we provide at any moment is only an estimate, because only you know how much money you have spent or committed to other transactions, and you may not rely on any balance information provided by Beacon Bank & Trust as establishing whether, at authorization of a transaction, you will have sufficient funds to pay for any particular transaction when that transaction is paid. Beacon Bank & Trust will determine whether you have sufficient funds to pay for a transaction at the time the transaction is paid.

Checks drawn on Accounts outside the continental United States, whether payable in U.S. dollars or foreign currency, will be accepted for deposit on a collection basis only, and may be credited to your Account subject to future collection, or not credited to your Account until collection, at our discretion. Your deposit of foreign Items may be subject to adjustment based on the applicable exchange rate and bank fees for collection of foreign Items. We are not responsible for deposits made by mail, ATM or other depository until we actually record the receipt of such deposits in our books and records.

Deposit Verification

You agree that any deposit is subject to verification, confirmation, and correction at our discretion, notwithstanding your possession of a deposit receipt or acknowledgment. We may reverse or adjust any transaction, credit or debit that we believe was erroneously made to your account, at any time without prior notice. If we determine that a deposit does not contain all Items claimed to be deposited, we may correct the error and adjust the Account balance, even if you have already withdrawn all or part of the deposit unless you can prove that our determination was erroneous.

Direct Deposit

You agree that we may reverse any direct deposit that is made to your Account without prior notice to you at any time if: (a) we credited your Account with an incorrect amount; (b) the deposit represents a duplicate credit to your Account; (c) you were not entitled to the deposit; or (d) you were not the intended recipient of the deposit.

Remotely Created Checks and Demand Drafts

If you deposit a demand draft or remotely created check (an unsigned draft or a preauthorized draft) into your Account, you warrant and guarantee that the draft or remotely created check is authorized according to the terms on its face by the person identified as drawer. You warrant and agree to the following for every remotely created check we receive from you for deposit or collection; (1) you have received express and verifiable authorization to create the check; (2) you will maintain proof of the authorization for at least two (2) years from the date of the authorization, and supply us with proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is returned.

We may take funds from your Account to pay the amount you owe us, and if there are insufficient funds in your Account, you still owe us the remaining balance. You agree to indemnify, defend, and hold us harmless from every loss, expense, and liability related to a claim that such checks were not authorized.

Return Deposited Items (Charge Back)

If a deposited Item of any kind is returned unpaid for any reason at any time, we may charge the Item back to your Account or require a refund from you. We may redeposit the Item, in which case you waive the right to notice of dishonor.

Substitute Checks

You agree that you will not deposit “substitute checks” as defined by federal law, or Image Replacement Documents (“IRDs”) that purport to be substitute checks and have not been previously endorsed by a bank. If you deposit such an Item, you give us the same warranties and indemnities that we, as a reconverting bank, would give under applicable law or regulation and you agree to reimburse us for claims, losses, costs, and damages we may incur resulting from the handling of such Item.

Withdrawals

To make a withdrawal, you must use properly completed checks, drafts or other withdrawal forms or methods supplied or approved by us. We may refuse a request for a withdrawal if any document or identification we may require from time to time in connection with the withdrawal has not been presented to us.

Unless clearly indicated otherwise on the Account records, any of you, acting alone, who signs in the space designated for signatures on the Account application may withdraw or transfer all or any part of the Account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person signing the Account application to endorse any Item payable to you, or any order for deposit to this Account, or any other transaction with us.

We will not permit withdrawals from your Account unless there are sufficient available funds in the Account. The fact that we may honor withdrawal requests that overdraw the available Account balance does not obligate us to do so later. See the Funds Availability Disclosure for information about when you can withdraw funds you deposit or you can ask us when you make a deposit when the funds will be available for withdrawal.

We may also refuse your request to make a withdrawal under certain circumstances, such as:

i. We have received a court order or other legal document prohibiting withdrawal, or applicable law prohibits withdrawal;

ii. There is a dispute concerning your Account;

iii. You owe us money that is due and payable;

iv. Your Account is a security for a debt;

v. You or a person we believe to be an agent of an owner of your Account requests that we do not permit withdrawals;

vi. A problem occurs with our equipment;

vii. Limited currency is available at a particular banking location; or

viii. Applicable law requires such action.

Notice of Withdrawal

Federal regulations require us to retain the right to require not less than seven (7) days’ notice in writing before each withdrawal from an interest-bearing Account other than a time deposit. While the Bank is required to reserve this right, the Bank does not presently exercise this right.

Remotely Created Checks

If you provide your Account number to a third party in order to charge your Account by means of one or more remotely created checks (i.e., Items that do not bear your actual signature but purport to be drawn with your authorization), you authorize us to pay such checks, even though they do not bear your signature. This provision does not obligate us to honor remotely created checks. We may refuse to honor such checks without cause or prior notice, even if we have honored similar Items previously.

Checks

Check Endorsement

We are legally entitled to a valid and unqualified endorsement from you, and you give us the irrevocable right to place such an endorsement on the check. You agree to reimburse us for our losses caused by your failure to endorse a check exactly as drawn or you deposit a check that contains multiple endorsements, or a missing or improper endorsement.

Because improper endorsement may result in a chargeback of a check or delay in processing, it is important that you endorse checks correctly. All checks you cash or deposit into your Account must be endorsed in the first 1.5 inches of the trailing edge on the back of the check. The trailing edge is the left side of the check when you look at it from the front. If your endorsement obscures our Bank’s endorsement, you are liable for checks that are returned late or unpaid.

Check Truncation and Cleared Checks

We provide imaged copies of the checks you write with your Account statement. We will retain a copy of the Item for such time as might be required by law; otherwise, we have no obligation to retain the copy. You agree that our statements provide sufficient information to determine the identification and authenticity of any transaction, including, without limit, whether any are forged, altered, or unauthorized, if the statement includes the Item number, amount, and the date the Item posted to your Account.

Electronic Imaging of Checks

We may, at our discretion, create electronic images of checks drawn on or deposited by you to your Account and provide such Image Replacement Documents (“IRDs”) for all purposes in lieu of an original check. We may also, at our discretion, accept, act upon, and provide copies of IRDs received from other depository institutions, in lieu of an original check. In addition, electronic images may be converted to a Substitute Check. Refer to the Substitute Check section for additional information. We may destroy any original check, which is electronically imaged.

Facsimile Signatures

If we allow you to use a facsimile signature, you understand and acknowledge that we will not be able to determine whether the facsimile signature on any Item is authentic or has been authorized by you. If your Items are signed using a facsimile signature, you acknowledge that is solely for your benefit and convenience. You authorize us to accept the facsimile signature of any Authorized Signer which you designate in writing from time to time (by Account Agreement or otherwise) on any check, draft, or other order drawn on us, or any other document and we may debit any of your Accounts in the amount of each payment which we make in reliance upon any such facsimile signature and/or reproduction thereof.

We will not be liable, and you will assume all liability, for any losses, liabilities, penalties, claims, damages, costs, expenses or other harm or injury which you may incur or that may be asserted against you or us in connection with the authorized or unauthorized use or reproduction by any person or entity, including, but not limited to, attorneys’ fees, and court costs, relating to or arising out of (i) any use, and/or reproduction, whether or not authorized, by any person of any actual or purported facsimile signature of any Authorized Signer on any check, draft or other such order drawn on us or any other document, and (ii) any payment which we make in reliance upon any such facsimile signature and/or reproduction thereof. You will indemnify us and hold us harmless from and against any and all losses, liabilities, penalties, claims, damages, costs, expenses or any other harm or injury which we may incur or suffer or which may be asserted by any person with respect to any use or misuse of an actual or purported facsimile signature of any Authorized Signer on any check, draft or other order drawn on us or on any other document, or any payment which we make in reliance upon any such facsimile signature and/or reproduction thereof. You shall be solely responsible for maintaining security over any device used to affix or apply facsimile signatures.

Multiple Signatures

We do not offer Accounts for which two or more signatures are required for a withdrawal. If you indicate on your checks or signature card or other Account documents that more than one signature is required for withdrawal, this indication is for your own personal purposes. It is not binding on us. We may pay out funds from your Account if the check, Item, or other withdrawal instruction is signed or approved by any one of the persons authorized to sign on the Account. We are not liable to you if we do this.

Payment of Checks to Non-Customers

If we cash one of your checks for a non-customer, we are subject to certain risks that we would not otherwise have if the check were deposited at another bank and presented to us through the check collection system. We may charge a fee to cash the check, unless prohibited by law. In addition, we may impose additional security, identification, and other requirements on a non-customer seeking to cash a check written on your Account. You agree that we will not be liable to you for refusing to cash the check, if that person refuses: (1) to pay the fee that we may impose; (2) to comply with our security procedures or other requirements; or (3) we are not satisfied that the person presenting the check is the intended payee.

Check Processing

The bank utilizes automated processing each banking day during nightly processing. Due to the large volume of checks that are processed, the Bank cannot verify the signature of every check paid on your account, nor does it allow us to inspect each check for restrictive legends and indorsements, or to inspect for postdated or stale dated checks. This is in accordance with industry standards and you agree that this is not a failure by the bank to exercise ordinary care.

Restrictive Legends and Indorsements

You agree not to place any restrictive legends, restrictive indorsements or other special instructions on any check. Examples of restrictive legends are “must be presented within 90 days” or “not valid for more than $1,000.00”. We are not required to honor any restrictive legend or conditional notations placed on checks you write. We are not liable to you for any losses, claims, damages, or expenses that result from the placement of these restrictions or other notations on your checks, nor from our failure to abide by them.

Safeguarding Your Checks

You agree to use care in safeguarding unsigned checks on your Account against theft or misuse. You agree to tell us immediately if any such checks are lost, missing, destroyed, or unaccounted for.

Stale Checks and Postdated Checks

If a stale-dated check, a check dated more than six months in the past, is presented for payment against your Account, we may pay the check and charge it to your Account. If a postdated check, a check dated in the future, is presented for payment, we may pay the check and charge to your Account even if it is presented for payment before the date stated on the check. If you do not want us to pay a stale-dated or postdated check, you must place a stop payment order on it.

Cash Transaction Reporting

To help law enforcement agencies detect illegal activities, the law requires all financial institutions to gather and report information on some types of cash transactions. If the information we need to complete the report is not provided, we are required to refuse to handle the transaction. If you have any questions regarding these rules, the U.S. Treasury Financial Crimes Enforcement Network (FinCEN) maintains a frequently asked questions (FAQ) document online. The FAQ also includes additional information for contacting FinCEN.

Stop Payment Orders

You may ask us to stop payment on a check or draft if it has not already been paid. You may request a stop payment in person, by mail or by calling us. We may require that you provide us with written confirmation within fourteen (14) days of the request or we may release the stop. You must give us sufficient notice so that we have a reasonable period of time to act on your request. A stop payment order takes effect only after we have a reasonable opportunity to verify that the Item is unpaid. We will charge you a fee for each stop payment order and each renewal order.

To place a stop payment, we need the following information: Account number, exact amount of the Item and Item number. We may also require the date of the Item, the name of the person who signed or authorized the Item, and the name of the party to whom the Item was made payable. A stop payment order expires after six (6) months. If you do not want the order to expire after six (6) months, you must renew it. Each renewal is treated as a new order. If you want the order to expire in less than six (6) months, you must cancel the order in writing.

Stop payment requests may not be issued on bank cashier’s checks or money orders. We may, however, replace a lost, stolen or destroyed bank cashier’s check or money order, provided you comply with our established procedures. If the original bank cashier’s check or money order is presented to us for payment before your claim becomes effective, we may pay the check, and will not be liable to you for that Item.

You may ask us to stop payment on a future Automated Clearing House (“ACH”) debit to your Account if the Item has not already been paid. You are responsible for notifying the sender. For more information on limitations on stop payment orders of preauthorized payment see the Electronic Funds Transfer disclosure included in this document.

Statements and Notices

We are committed to keeping you informed about your Account. Please note the following information about Account statements and notices from us:

Statements

We provide you with a periodic imaged statement reflecting activity on your Account. You must promptly review all statements we provide to you and any accompanying Items and notify us immediately of any dispute, error, or other problem, including any fee you believe is improper, unauthorized, or unwarranted.

We mail your statement to you at the address we have in our records for your Account unless we have agreed to provide statements to you electronically. You agree to notify us if you change your address. If one or more statements we mail to you are returned to us, we may impose a Returned Statement Fee (see the Fee Schedule) and stop sending statements until a new address is provided to us. We may destroy statements that are sent to you and returned to us as being undeliverable, along with any accompanying check images and other Items. We are not responsible for imaged checks or statements lost while not in our possession.

We provide a single statement. You may generally obtain an additional copy of your statement for a fee. If you have more than one Account with us, and they are all titled in the same manner, we may send you a combined statement containing information on all your Accounts. If you do not want to receive combined statements please call us at 800-698-BANK (800-698-2265) or visit a Beacon Bank & Trust bank office. You agree that we may provide you with any changes, additions, or amendments to this Agreement with your periodic statement, regardless of whether you receive your periodic statement electronically or through the mail.

Examining Statements and Reporting Problems

This section applies to any problem, fee, or unauthorized transaction on your Account, except electronic transactions, which are covered in the Electronic Funds Transfer section.

You agree to review, promptly and carefully, your Account statement and any accompanying Items. In the event that you discover the existence of unauthorized signatures, alterations, other unauthorized transactions, or missing deposits, or any fee, charge, or other transaction that you dispute, you agree to notify us immediately and in writing of such dispute or error within a reasonable time period, which will be no longer than thirty (30) calendar days after we send or make available to you your Account statement.

If you fail to notify us of an unauthorized signature, alteration, missing deposit, forgery, counterfeit check or other unauthorized debit to your Account, we will not be responsible for subsequent unauthorized transactions by the same wrongdoer if we act in good faith. Without regard to care or lack of care by either you or us, if you do not discover and report an unauthorized signature, alteration, forgery, counterfeit check or other unauthorized debit to your Account within sixty (60) days after the date of your statement or the date on which information about the Item or transaction is made available to you, whichever is earlier, you are precluded from asserting the unauthorized transaction against us. For Substitute Checks, you must notify us within forty (40) days to qualify for an expedited credit (see section titled Substitute Checks and Your Rights).

If you claim a credit or refund because of an unauthorized transaction, we will require written confirmation of your claim, including an affidavit signed by you on a form acceptable to us. You also agree to make a report to the police and to provide us with the copy of the report upon request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your Account.

Notices

We inform you of changes affecting your rights and obligations by providing a change of terms notice to you. In some cases, we also may post a notice of a change in our bank offices or on our website. We either mail the notice to you at the address we have for you on our records or, if we have agreed on this method, we provide it to you electronically. We may include a notice with or on your statement. If a notice of a change of this Agreement is returned to us (including a notice sent on or with a statement), you agree that the change contained in the notice is still effective and binding on you. For Accounts with more than one owner, we may send notices to any one co-owner. A notice sent to any one owner is effective for all.

If statements or notices are returned to us undelivered, we may destroy them and discontinue further mailings until you notify us in writing of your new mailing address.

Additional Terms and Services

Change of Address

You must furnish your mailing address whenever you open an Account with the Bank and you must provide us with a new mailing address whenever the last one you gave us is no longer correct. If you wish to use any of our online services you will need to provide us with your email address and with your new email address whenever the email address you gave us is no longer correct. We are not responsible for any loss caused if you give us an incorrect address or email address, or if you do not give us a new mailing address or email address.

Compliance

You agree to comply with applicable laws and regulations. You may not use your Account or related services for any illegal transaction or activity, such as those prohibited by the Unlawful Internet Gambling Enforcement Act and the United States economic sanctions laws and regulations, including regulations issued by the Office of Foreign Asset Control (OFAC) of the U.S. Department of the Treasury, and Executive Orders issued by the President of the United States.

You agree to indemnify us from any action, proceeding, claim, loss, cost, and expense incurred by us due to any U.S. or foreign government entity seizing or freezing any of your Accounts or funds caused by your action or inaction.

How Checking Accounts Are Maintained

For our internal accounting purposes, consumer checking Accounts will consist of two sub-Accounts: a checking sub-Account and a savings sub-Account. The Bank may periodically transfer funds between these two sub- Accounts. On a sixth (6th) transfer during a calendar month, any funds in the savings sub-Account will be transferred back to the checking sub-Account. If your Account is a type on which interest is paid, your calculation will remain the same. Otherwise, the savings sub-Account will be non-interest bearing. The savings sub-Account will be governed by the rules governing our other savings Accounts. This process will not affect your available balance, the interest you may earn, FDIC insurance protection, or your periodic statement.

Legal Process

We may accept and act on any legal process that we believe to be valid without any liability by us to you, whether served in person, by mail, by facsimile transmission, or by other means at a location other than the bank office at which the Account, property, or records are held. “Legal process” includes a subpoena, restraining order, injunction, writ of attachment or execution, levy, garnishment, tax- withholding order, search warrant, forfeiture, or other similar order relating to your Account. You direct us not to contest the legal process. We may but are not required to give you notice of any such legal process except as required by law and will not do so if prohibited by law.

We will hold and turn over funds or other property to the court or creditor as directed by the legal process. If we use funds from a certificate of deposit, we may impose an early withdrawal penalty. We may charge your Account a legal process fee for each order. You agree to pay us our fees and expenses for research and copying of documents and all other expenses, including administrative expenses that we incur in responding to any legal process related to your Account. These may include attorneys’ fees. We may deduct these fees and expenses from any of your Accounts without prior notice to you. Any garnishment, attachment or other levy against your Account is subject to our right of setoff and any security interest we have in the Account. We are not liable to you for not paying Items because we have held or withdrawn funds from your Account or in any way restricted your access to funds because of a legal process.

If we receive a subpoena or other legal process for information about your Account, which we believe requires our compliance, we may release the information. If the legal process requests information about one Account owner or signer, we may release information about other co-owners or signers, even if the legal process does not cover the other co-owners or signers.

Overdrafts

Generally – This section provides information about the Bank’s overdraft practices. Please review this section and the Bank’s Courtesy Pay Disclosure carefully to help you avoid overdrafts and Overdraft Fees and Uncollected Available Funds (“UAF”) Overdraft Fees.

Determining your available balance – Your available balance is the amount of money in your account that you can use without causing an overdraft. Your available balance includes all credits and debits that have posted to your account, and is reduced by any “holds” on your account, including authorization holds and deposit holds. Funds subject to a hold, dispute or legal process are not included in your available balance.

It is your obligation to track how much money you have in your account and how much money you have committed to pending transactions. Our disclosure of any balance information to you is an estimate based on the information we have available to us, and we do not and cannot know whether there are any other outstanding payments (e.g., checks, preauthorized payments, returned checks, etc.) that may reduce your available balance. You may not rely on any representation of your available balance as a definitive statement of your available balance at that moment in time.

Authorization holds: When you use your debit card to make a purchase, there is often a delay between the date you initiate (and we authorize) the transaction and the date the merchant submits it to us for payment. The Bank places a hold on your account for any authorized debit card transaction at the time we authorize it until we pay it. The amount of the hold will be the amount we have authorized, based on the request we receive from the merchant, or as permitted under applicable payment network rules. If an authorized transaction is not presented to the Bank for payment within three (3) business days after we first apply the hold, we will release the hold from your account. Authorization holds reduce your available balance. An authorization hold can result in Overdraft Fees or UAF Overdraft Fees if additional items are presented for payment that exceed the reduced available balance resulting from the hold. See the Courtesy Pay Disclosure for examples of how authorization holds can result in fees. Please note that we do not guarantee that any funds being held for a previous transaction will be sequestered for that purpose and we reserve the right to use any funds in the account to pay any item presented for payment in any order.

Deposit holds: Please read our Funds Availability Policy for a detailed discussion of how and when we make funds available to you. If you withdraw funds before they become available, you may incur a UAF Overdraft Fee.

Overdrafts – We use your available balance to determine whether an overdraft has occurred (i.e., whether your account is overdrawn). If your available balance is insufficient to pay an item when it is processed and posted in the order set forth below, we may, in our sole discretion, pay the item (creating an overdraft) or return the item unpaid (NSF). We have no obligation to permit overdrafts on your account and a decision to do so for some transactions does not require us to do so for later transactions. We are not liable to you or any third party for our decision to either pay or return an item that exceeds your available balance. The Bank is not responsible for notifying you prior to you incurring an Overdraft Fee or UAF Overdraft Fee due to non-sufficient available funds. Once you are notified that your Account is overdrawn, you will be required to repay the Bank or to deposit sufficient funds to cover the overdraft and all related fees. You agree that we may charge fees for overdraft items. You agree and acknowledge that the Overdraft Fee and the UAF Overdraft Fee are designed to compensate the Bank for its costs in processing overdraft Items and to compensate the Bank for its risk in electing, at its discretion, to pay certain overdrafts. You further agree that Overdraft Fees and UAF Overdraft Fees do not constitute a penalty. If you fail to reimburse the Bank for the overdraft and related fees, we will be entitled to recover our expenses in collecting the overdraft and fees; and any related charges including, without limitation, attorney’s fees and legal costs. The payment of one or more overdrafts does not obligate the Bank to honor or pay future overdrafts, and you should not rely upon the Bank to honor or pay any overdraft. We may charge you an Overdraft Fee if we pay an item that exceeds your available balance. We may charge you a UAF Overdraft Fee if we pay an item that exceeds the funds available to you due to a hold on a deposit (see Funds Availability Policy for more information). We will not charge you an Overdraft Fee or UAF Fee on any item that is represented to the Bank, after previously having been returned for a non-sufficient available balance. The amounts of our Overdraft Fees and UAF Overdraft Fees are disclosed in our Common Features Fee Schedule. We will not charge more than five (5) Overdraft Fees and UAF Overdraft Fees, in total, on any one business day. In addition, any debit transaction of $24.49 or less will not be assessed an Overdraft Fee or UAF Overdraft Fee if it overdraws an account, or if it is paid when there is a negative available balance. You will not be charged fees for overdrafts caused by ATM withdrawals or everyday debit card transactions unless you have Opted In to our Courtesy Pay overdraft services for those transaction types (see Overdraft Opt-In Form). You agree to immediately repay the amount of any overdraft on your account. If your account remains overdrawn for five consecutive business days, you will be charged a Continuous OD (Overdraft) Fee on the fifth such day. Other Bank fees (including, but not limited to Overdraft Fees and UAF Overdraft Fees) can result in a negative available balance, which can lead to the assessment of a Continuous OD Fee. The Continuous OD Fee is in addition to Overdraft Fees and UAF Overdraft Fees that are assessed to your account for overdraft. You agree to immediately pay the amount of any Overdraft Fee, UAF Overdraft Fee, or Continuous OD Fee charged to your account. If your deposit account is a joint account, all account owners agree that these repayment obligations are joint and several, regardless of which one of you may have initiated the transaction(s) that resulted in an overdraft item. You agree that the Bank may apply any funds in your account to cover overdrafts and fees, including any subsequent deposit to your account (including deposits of payroll and government benefits).

Each owner also agrees that the Bank may debit funds from any other Account held by such owners to repay the overdraft and any related fees. We have no obligation to notify you if we honor, pay, return, or decline an item or transaction for a non-sufficient available balance. You are in the best position to ensure that your Account has sufficient available funds to pay any check or other debit by maintaining an accurate and current record of your deposits and withdrawals. You have the ability to obtain information on your current and available Account balances through any Beacon Bank & Trust ATM, Telephone Banking, Online Banking, by contacting any office or by calling us at 800-698-BANK (800-698-2265) prior to writing a check, withdrawing cash, or initiating any electronic or debit transaction. Current and available balances do not include outstanding checks or debits not yet submitted to the Bank. We offer alternatives to our standard overdraft service that may be less expensive, such as an overdraft protection line of credit or a plan to sweep funds from another account you have with us. Please ask us about those alternatives if you are interested.

Overdraft Protection

Overdraft Protection is a service that automatically transfers funds to a qualifying deposit Account to cover an overdraft by one or more of the following methods: (i) transfer of funds from a designated Overdraft Line of Credit Account; (ii) transfer of funds from a designated checking, money market or savings Account; (iii) transfer of funds from a designated Overdraft Line of Credit Account first and if funds are not available from a designated checking, money market or savings Account; or (iv) transfer of funds from a designated checking, money market or savings Account first and if funds are not available from a designated Overdraft Line of Credit Account. When both a designated deposit Account and a designated Overdraft Line of Credit Account are linked, the balance in either Account must be sufficient to cover the overdraft in full before a transfer can be made. The balances in the different Accounts will not be combined to cover the overdraft. Overdraft Line of Credit Accounts are subject to qualification and the terms and conditions contained in the applicable credit agreement, please refer to the Overdraft Line of Credit Agreement for more information. All fees applicable to your Overdraft Line of Credit Account are also contained in the agreement.

Overdraft Protection may not be available to cover an overdraft if you have exceeded your credit limit or available checking, money market or savings Account balance. If your Overdraft Protection is not available, you will be charged the applicable Overdraft Fee or UAF Overdraft Fee for Insufficient/ Unavailable Funds as disclosed in the Fee Schedule.

You will be charged an Overdraft Fee or UAF Overdraft Fee if we honor or pay an Item or transaction when you have a non-sufficient available balance. We have no obligation to notify you if we honor, pay, return or decline an Item or transaction for a non-sufficient available balance.

If a check/debit or other Item is presented against your checking Account when there is an insufficient balance to pay the Item, funds will be automatically transferred from your designated Overdraft Protection option to the checking Account, in the amount needed to pay the overdraft amount. If there are not enough funds to pay the entire amount of the overdraft or the Overdraft Protection has been terminated, blocked or modified, your Items may be returned unpaid in accordance with your overdraft decision for the overdraft process. You will be charged an Overdraft Fee or UAF Overdraft Fee if we honor or pay the Item or transaction when you have a non-sufficient available balance. We have no obligation to notify you if we honor, pay, return or decline an Item or transaction for a non-sufficient available balance.

Each transfer from a checking, savings or money market Account designated as Overdraft Protection may be subject to the Overdraft Protection Transfer Fee as described in the Fee Schedule. The Bank reserves the right to return any overdraft that cannot be covered by an Overdraft Protection transfer from your credit line or designated checking, money market, or savings Account. Each overdraft Item that cannot be covered by your designated Overdraft Protection option will be subject to the Bank’s current Overdraft Fee or UAF Overdraft Fee for Insufficient/ Unavailable Funds in accordance with your overdraft decision for the overdraft process.

Payment Order of Items

At the end of each business day, we process and post items to your account. When we “post” transactions, “credits” (deposits or any other credit to your account) are added to your available balance and “debits” (withdrawals and fees) are subtracted from your available balance. “Posting” a debit means the same as the Bank “paying” the debit. Some debit transactions are “authorized” before they post, and the amount of the authorization, also referred to as a “hold,” is subtracted from your available balance before the debit posts, as explained above and in the Courtesy Pay Disclosure.

We currently process and post items to your account at the end of each business day, as follows:

For the above-listed categories (ii), (iii) and (iv), we post items, within each category, in the order the transactions were presented to the Bank (time stamped). For debit card purchases and ATM withdrawals, we order transactions based on the time of authorization. If two or more items have the same time stamp, we post the items in low-to-high order by amount. If one or more items within categories (ii), (iii) or (iv) do not have time stamps, the items post, within their respective category, after all items with a time stamp, in low-to-high order. For above-listed categories (v), (vi) and (vii), we post items, within each category, in low-to-high order. We may change our payment order at any time. We will provide you with notice of such changes as required by applicable law. The order in which items are processed and posted to your account may affect the total amount of Overdraft Fees or UAF Overdraft Fees you may incur. Your account statement does not necessarily report debit and credit transactions in the order that they occurred or in the order that they were posted to your account.

Setoff and Security Interest

Setoff – If you have any debts due to us or amounts you owe us, then we reserve the right of setoff, or to use funds in your deposit Account to pay any debts or amounts you owe us, even if withdrawal results in an interest penalty or dishonor of subsequent checks. For joint Accounts, we may exercise our right against the entire balance to pay the individual debts of any one owner of the Account. You and your joint Account owners agree that the bank may use the funds in your individual or joint Accounts to satisfy obligations of the joint Account. If you are a sole proprietor, we may charge any of your personal or business Accounts. If your business is a partnership, we may also charge the personal Accounts of any general partner. Any garnishment or other levy against your Account(s) is subject to the Bank’s right of setoff and any security interest the bank may have.

To the extent not prohibited by law, the Bank may exercise its right of setoff against any deposit regardless of its source, including deposit of Social Security, disability or other government benefits normally protected from creditor claims, and you expressly acknowledge and agree that such setoff is permissible and to waive your rights to such protection. This provision does not apply to IRA or tax-qualified retirement Accounts, to consumer credit card obligations, or where otherwise prohibited by law.

Security Interest – You grant us a security interest in your Account for amounts owing to us under this Agreement by any owner. This provision does not apply to IRA or tax-qualified retirement Accounts, or where otherwise prohibited by law.

Inactive Accounts

Your checking, money market, and savings Accounts will be considered inactive if you have not made a physical deposit or withdrawal to or from the Account for one (1) year. Automatic deposits and withdrawals are not considered to be a transaction performed by you. You may reinstate the status of your Account to active by making a deposit or withdrawal to the Account or by communicating in writing with us regarding your Account.

All Accounts are subject to service charges described in the Fee Schedule, whether or not the Account is active.

Unclaimed Property

Most states have established rules and regulations regarding unclaimed property or escheatment (“Unclaimed Property”) for residents of those states. Your home state (“Home State”) for purposes of the Unclaimed Property rules is the state of your physical address on your Account. For example, if your address is 1234 Main Street in Boston, Massachusetts, your home state is Massachusetts. If we have not received communication from you, or, if there has not been any activity in your Account for the period of time established by the laws of your Home State, we are required by law to distribute the Account balance to the designated official in your Home State. This process is referred to as “escheatment”. Your Account is considered to have activity if you make at least one deposit or withdrawal annually, or, you contact us. For purposes of the Unclaimed Property laws, Account activity must be active, i.e. you must perform a deposit or withdrawal; automatic deposits or withdrawals are not considered activity under the Unclaimed Property laws. Please refer to the Unclaimed Property laws of your state for more information.

If your Account is approaching the designated time frame to be escheated, we will mail you a notice at the address we have on file for you as required by law. We may make other efforts to provide notice to you, consistent with the laws of your Home State. If your Account funds are escheated, we may impose a fee as described in the Fee Schedule. Once the funds are escheated to the state, we are not liable to you for the funds and any questions regarding the funds should be directed to the applicable state Unclaimed Property office.

Early Closeout Fee

If you close out your checking, savings or money market account within ninety (90) calendar days of opening, you will be assessed an Early Account Closure fee (see Fee Schedule). If you close out your certificate of deposit Account (CD) prior to maturity, you may be subject to an Early Withdrawal Penalty which is calculated and charged based on the CD term (see Certificate of Deposit Truth In Savings Disclosure).

Wire Transfers and ACH

Wires – This Agreement is subject to Article 4A of the Uniform Commercial Code – Fund Transfers as adopted in the Commonwealth of Massachusetts. If you originate a fund transfer for which Fedwire is used, and you identify by name and number a Beneficiary financial institution, an intermediary financial institution or a Beneficiary, we and every receiving or Beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or Account other than the one named.

ACH (Automated Clearing House) Credits and Debits – For each ACH transaction, you agree that the transaction is subject to the National Automated Clearing House Association (“NACHA”) Operating Rules and any local ACH operating rule then in effect. These rules provide, among other things that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403 (a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Account, and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an Account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.

Funds Availability Disclosure

This disclosure applies to all deposit accounts. In general, our policy is to make funds from your cash and check deposits available to you on the first (1st) business day after the day we receive your deposit. Funds from the deposit of cash made in person with a Bank teller and electronic direct deposits, will be available on the day we receive your deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written and other debits that you have authorized. Deposits of cash and/or checks made at an ATM will be available to you on the first business day after the business day we receive your deposit. External Transfer deposits done via Online Banking will be available to the customer on the second business day after the deposit request is initiated. As long as it is initiated before our 5:00 P.M. EST cut off time. However, if you initiate the transfer after the cut off time or on a day we are not open, we will consider that the transfer was initiated on the next business day we are open.

Determining the Availability of a Deposit

To determine the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal holidays. If you make a deposit at our teller line before closing (or before 5:00 P.M. EST at one of our ATMs or using our Mobile Banking product) on business days that we are open, we will consider that to be the day of your deposit. However, if you make a deposit after closing (or after 5:00 P.M. EST at one of our ATMs or using the Mobile Banking product) on a day we are not open, we will consider that the deposit was made on the next business day. If you initiate a transfer before 11:00 P.M. EST on a business day the bank is open using our Online Banking product or our telephone banking service, we will consider that day to be the day of your transfer. However, if you make a transfer after these cutoff times or on a day we are not open, we will consider that the transfer was made on the next business day we are open.

We will not accept cash deposits by mail. Check deposits made by mail should be addressed to:

Beacon Bank & Trust
Attn: Mail Deposits
PO Box 1308
Pittsfield, MA 01202-1308

Check deposits that are mailed to us are considered deposited on the business day we receive them. Deposits placed in a night depository are considered received when we remove them from the night depository. We will remove deposits no later than the next business day.

Longer Delays May Apply

Funds you deposit by check may be delayed for a longer period under the following circumstances:

Case-by-case delays

In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $275.00 of your deposits, however, will be available on the first business day after the business day of your deposit.

If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

Safeguard exceptions

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the fifth (5th) business day after the day of your deposit. If the decision to delay availability is not made at the time you make the deposit, we will mail you a notice by the first (1st) business day after we receive your deposit. The notice will tell you when the funds will be available.

Special Rules for New Accounts

If you are a new customer, the following special rules will apply during the first thirty (30) days your Account is open.

Funds from electronic direct deposits into your Account and cash deposits made in person to one of our employees will be available on the day we receive the deposit. The first $6,725.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s and Federal, State, and local government checks and U.S. Postal Service money orders will be available on the first (1st) business day after the day of your deposit, if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $6,725.00 will be available no later than the fifth (5th) business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $6,725.00 will not be available until the second (2nd) business day after the day of your deposit. Funds from all other check deposits will be available no later than the fifth (5th) business day after the day of deposit.

New Online Accounts

The initial electronic deposit made during the Online Account Opening is processed as an ACH debit to one of your other accounts with us, or as an ACH debit to an account at another bank. If you are debiting your account at another bank to initially fund the account, we will credit your new Online Account provisionally and the funds may not be available until the sending bank gives us final credit. We will make the funds available to you no later than the fifth (5th) business day after the day that the deposit is provisionally credited to your new account. You agree that we may reverse our provisional credit if the sending bank does not give us final payment.

Hold on Other Funds

If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your Account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately, but delay your ability to withdraw a corresponding amount of funds that you have on deposit in another Account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

Foreign Items

The processing and collection of foreign checks or Items are not subject to U.S. laws or regulations, including collection or return time periods. We reserve the right to accept any checks drawn on a financial institution not located in the United States (including Canadian financial institutions) on a collection basis only. Items accepted for collection are normally credited to your Account only after we have received payment for them. If we do agree to credit your account in advance and do not receive payment for the Item, we will debit your Account for the amount of the Item and any fees. Fees for processing collection Items apply even if the collection Item is returned unpaid.

For each Item sent, we will assess a collection charge plus any collection fees charged to us by other financial institutions that process the Item(s). Checks that are sent for collection are subject to payment by the Drawee Bank and are generally available within thirty (30) calendar days, but may take longer. If the check you present for collection is payable in foreign currency, we will credit your Account in U.S. currency at the foreign exchange rate applied by our Foreign Exchange department minus our collection fee and any collection fees assessed by other financial institutions or payers.

If we accept a foreign check for deposit or collection, you assume all risks associated with the collection process and foreign currency fluctuations. A foreign check may be returned unpaid much later (in some cases, several months later) than Items drawn on U.S. Banks. If a foreign Item is sent for collection and paid, then returned later for fraud, we will debit your account for the Item as well as any fees assessed by the foreign bank.

Other Provisions

From time to time, a deposited check may be returned unpaid after we make funds available to you. Please remember that even after we have provisionally made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. If a check you deposit is returned to us unpaid, you will have to repay us and we may charge your Account for the amount of the check even if doing so overdraws your Account.

Electronic Funds Transfer Terms and Conditions

This Electronic Funds Transfer disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E.

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed.

You should keep this notice for future reference. Our Online and Mobile Banking, External Transfers, and Bill Payment services are also governed by our Online Banking Disclosure.

Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

Telephone Transfers

You may access your Account(s) by telephone 24 hours a day, 7 (seven) days a week, by calling 888-685-8300. You will need to provide your personal identification number (PIN), account number, and your Social Security number to:

In order to transact as set forth above using telephone banking you must:

Online Banking Services

When you enroll in one or all of our Online Banking Services (the “Online Banking Services” which collectively include Online Banking, Bill Pay, External Transfers, Mobile Banking and Mobile Check Deposit) and agree to the terms of the applicable Account agreements or disclosures, you may use your User ID and Password to engage in any of the following transactions or activities, all in accordance with the terms and conditions of the applicable Account agreements; access Account and balance information; transfer funds between certain designated Accounts; make loan payments; pay bills; receive electronic bills; deposit checks via your mobile device; view images of your deposits, deposited checks, and paid checks; change your email address, mailing address and phone number(s) with us; place a stop payment on a check written by you; view and download electronic statements and notices; move money between banks; pay people; and export to third-party software such as Quicken®.

ATM/Debit Card Transactions

Using your ATM or Mastercard® Debit Card, and your personal identification number (“PIN”), you may:

Point-of-Sale Transactions

Using your Beacon Bank & Trust Debit Card, you may access your checking or money market account(s) to purchase goods (in person, online or by phone), get cash from a merchant, if the merchant permits (cash back), and do anything a participating merchant will accept up to your approved limit, with the exception that you cannot receive cash back when using your Beacon Bank & Trust Health Savings Account Debit Card.

Availability of Funds

When you do not have available funds in your Account, including your Account Overdraft Protection or Overdraft Line of Credit, if any, to pay a transaction, we consider the transaction a non-sufficient available Funds Item and will return the transaction unpaid. If use of your Card results in an overdraft on your Account, you agree to immediately repay us the amount of the overdraft and any Overdraft Fee or UAF Overdraft Fee.

You may be charged an Overdraft Fee or UAF Overdraft Fee if we honor or pay the Item or transaction when you have a non-sufficient available balance. You will not be charged more than one Overdraft Fee or UAF Overdraft Fee for any Item. We have no obligation to notify you if we honor, pay, return or decline an Item or transaction for a non-sufficient available balance.

Currency Conversion and Cross-Border Transaction Fees

If you initiate a transaction with your Beacon Bank & Trust Debit Card in a currency other than US Dollars, Mastercard will convert the charge into a US Dollar amount. The Mastercard currency conversion procedure is based on rates observed in the wholesale market or, where applicable, on government-mandated rates. The currency conversion rate Mastercard generally uses is the rate for the applicable currency that is in effect on the day the transaction occurred. However, in limited situations, particularly where Mastercard transaction processing is being delayed, Mastercard may instead use the rate for the applicable currency in effect on the day the transaction is processed. Mastercard charges us a Currency Conversion Assessment and Issuer Cross-Border Assessment on all cross-border transactions regardless of whether there is a currency conversion. As a result, we charge you a MC International Assessment fee of 3.00% MC International Assessment fee is charged on all cross-border transactions regardless of whether there is a currency conversion. A cross-border transaction is a transaction that occurs at a card acceptance location in a different country from the country in which the card was issued. This means a cross-border transaction can occur even though the transaction is made when you are not in a foreign country. For example, a transaction made online with a foreign merchant is a cross-border transaction even though made while you are physically in the United States.

Online Banking Computer Transfers – types of transfers and dollar limitations

You may access your accounts by computer or mobile device 24 hours a day at www.beaconbank.com with your User ID and password, to:

Automatic Billing Updater

We utilize the Mastercard Automatic Billing Updater (ABU) program which makes updating your card details completely seamless for you. This program is used by participating merchants to ensure that they have the most up to date card information by automatically updating stored card information such as new card numbers and expiration dates to process your recurring payment and “card on file” account transactions. By automatically maintaining the accuracy of your card data, Mastercard ABU helps prevent disruptions in merchant services due to account changes. To Opt-out of this service, contact the Customer Call Center at 800-698-BANK (800-698-2265).

FEES

Except as indicated elsewhere, we do not charge for these electronic fund transfers.

ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

Documentation of Transfers

Electronic Terminal Transfers: You can get a receipt for most transfers at the time you make a transfer to or from your Account using an ATM or POS terminal. However, you may not get a receipt if the amount of the transfer is $15.00 or less.

Preauthorized credits: If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, you can access online or mobile banking or call us at 800-698-BANK (800-698-2265), to find out whether or not the deposit has been made.

Periodic Statements: You will receive a periodic Account statement from us for your checking, savings and money market Accounts that will show your electronic funds transfers.

Evidence of Transfer

Any documentation provided to you, which indicates that an EFT was made will be admissible as evidence of such transfer and will constitute prima facie proof that such transfer was made.

Amendments and Termination

We may change these Electronic Funds Transfer Terms and Conditions at any time (see the Changes to Agreement section). We will send you advance notice of the change, unless the change is favorable to you. In this case, we may make the change at any time without advance notice. We reserve the right to terminate the use of our EFT services for any reason and at any time, and will notify you. You also may terminate the use of our EFT services at any time by calling us at 800-698-BANK (800-698- 2265). Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your rights or our rights and obligations under this Agreement, which have arisen before the effective date of the termination.

Use of EFT Services

You are eligible to use any EFT services if you designate and maintain a checking or money market Account as your primary Account, and you may also designate other eligible Accounts for use with some of these services. You may choose to access any of the following types of Accounts: any checking, savings, or money market.

If you are requesting a Mastercard® Debit Card, you must choose a checking or money market account as your primary designated Account. Savings Accounts cannot be used for debit purchases, POS transactions, or bill payments. All Accounts are subject to the rules and regulations governing that type of Account.

Ownership and Use of Cards

The Card, which we issue to you, will remain our property, and you may not transfer it to any other person. You agree to return the Card to us immediately upon demand or upon termination of this Agreement. We will program the machines in which your Card can be used to retain your Card following the termination of this Agreement and in certain other events. You agree that if you permit another person to perform any EFT service with your Card or PIN, you are responsible for any EFT service performed and charges incurred by such person, even if that person exceeds your authorization.

Joint Accounts

If your checking, savings or money market Account is jointly owned with one or more other person, each of you is subject to this Agreement and each of you is individually and jointly responsible for all obligations arising from the use of your Card.

Fraud Monitoring

We subscribe to various services that help us identify and prevent card fraud. Among other things, these services identify transactions that are outside of normal cardholder habits and outside of where the cardholder normally uses their Card. If you plan to travel outside of your normal residential or work area, please call us at 800-698-BANK (800-698-2265), before you travel, so that we can note that there may be charges occurring outside of where you would normally transact. These services may contact you directly via text, email or by phone to confirm or deny instances of fraud. Even though we use such services, you must still monitor your account activity carefully and notify us of any unauthorized transactions.

Business Days

For purposes of these electronic banking disclosures, the term “business day” refers to every day, except Saturdays, Sundays and Federal holidays.

Advisory Against Illegal Use

You agree not to use your Card for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Electronic Banking Fees

We may charge fees for electronic banking services to your deposit Account. The fees can be found in the Fee Schedule.

Surcharge or Convenience Fees by Others

In addition to the fees set forth in our Fee Schedule, there may be other fees associated with performing certain transactions at ATMs or POS terminals not owned or operated by us. These other fees are not assessed by us and will not be waived, unless it is a featured benefit of the type of Account you have. Each transaction you complete at an ATM not operated by us may result in a fee, even if multiple transactions (e.g., balance inquiry and a cash withdrawal) are completed during the same ATM session or visit. We are a member of the SUM® Program, which means that a surcharge or convenience fee will not be charged if you use an ATM with the SUM® symbol.

Stopping Preauthorized Payments

The initiation by you of certain electronic fund transfers from your Account will effectively eliminate your ability to stop payment of the transfer.

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU (THE CONSUMER) MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS. THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

Right and Procedures to Stop Preauthorized Payments: If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. To stop the payment(s), please telephone us at 800-698-BANK (800-698-2265), or write us at:

Beacon Bank & Trust
Attn: Electronic Services
PO Box 1308
Pittsfield, MA 01202-1308

Your request must be received three (3) business days or more before the payment is scheduled to be made. You must tell us the exact dollar amount of the payment. If you call, we may also require you to put your request in writing and provide it to us within 14 days after you call. We will charge you for each stop payment order you give (please see our Fee Schedule).

Your Liability for Unauthorized Transactions

Unauthorized use means the use of your Card by a person other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. You must contact us immediately if you believe your Card, password, Personal Identification Number (PIN), or similar code has been lost, stolen, or used without your permission, or if you believe that an electronic fund transfer has been or may be made without your permission using information from your check. Under Mastercard’s® Zero Liability Protection program, you will not be held responsible for unauthorized Card transactions processed by Mastercard® provided you exercised reasonable care in safeguarding the Card from risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to us.

In Massachusetts, Your Maximum Liability

You can lose no more than $50.00 if you fail to give us notice of your lost or stolen Card and/or PIN or your Card and/or PIN that has been used without your permission. You should tell us immediately if your statement shows transactions that you did not make. If you do not tell us within sixty (60) calendar days from the date that the statement was sent to you, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped the subsequent unauthorized transaction(s) if you had told us in time. If your delay in notifying us is due to extenuating circumstances (such as a hospital stay), we may extend the times specified to a reasonable period. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by Mastercard®.

In Connecticut, New York, Rhode Island and Vermont, Your Maximum Liability

If you tell us within 2 business days of your lost or stolen Card and/or PIN or your Card and/or PIN that has been used without your permission, then you can lose no more than $50.00. If you do NOT tell us within 2 business days after you learn of your lost or stolen Card and/or PIN or your Card and/or PIN that has been used without your permission, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.00. You should tell us immediately if your statement shows transactions that you did not make. If you do not tell us within sixty (60) calendar days from the date that the statement was sent to you, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped the subsequent unauthorized transaction(s) if you had told us in time. If your delay in notifying us is due to extenuating circumstances (such as a hospital stay), we may extend the times specified to a reasonable period. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by Mastercard®.

Contact in the Event of Unauthorized Transfer

If you think your Card and/or PIN has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, please telephone us at 800-698-BANK (800-698-2265), or write to us at:

Beacon Bank & Trust
Attn: Electronic Banking
PO Box 1308
Pittsfield, MA 01202-1308

You should also call this number or write to this address if you believe an electronic funds transfer has been made using the information from your check without your permission.

To report a lost or stolen ATM/Debit Card during non-banking hours, please contact our ATM/Debit Card Service Provider at 1-888-849-6046.

Our Liability for Failure to Complete Transactions

If we do not properly 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:

There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction.

Disclosure of Account Information to Third Parties

In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization, or agency except:

In Case of Errors or Questions About Your EFTs

If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, telephone us at once at 800-698-BANK (800-698-2265), or as soon as you can, write to:

Beacon Bank & Trust

Attention: ATM Department

PO Box 1308

Pittsfield, MA 01202-1308

We must hear from you no later than sixty (60) calendar days after we send or make available to you the FIRST statement on which the problem or error appeared.

If you tell us verbally, we may require that you send us your complaint in writing within ten (10) business days following the date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have 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.

For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. For purposes of this paragraph, your Account is considered a new Account for the first thirty (30) calendar days after the first deposit is made.

We will send you a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

Substitute Checks and Your Rights

The following provisions help explain some of your rights under the Check Clearing for the 21st Century Act commonly referred to as Check 21.

What Is a Substitute Check?

To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check.

Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or electronic debits to your Account. However, you have rights under other laws with respect to those transactions.

What Are My Rights Regarding Substitute Checks?

In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your Account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your Account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your Account and fees that were charged as a result of the withdrawal (for example, an Overdraft Fee).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your Account is an interest-bearing Account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other laws.

If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your Account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your Account earns interest) not later than forty-five (45) calendar days after we receive your claim.

We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your Account.

How Do I Make a Claim for a Refund?

If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your Account, please contact us at 800-698-BANK (800-698-2265), or write to us at:

Beacon Bank & Trust
Attn: Deposit Services-Adjustments
PO Box 1308
Pittsfield, MA 01202-1308

You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the Account statement showing that the substitute check was posted to your Account, whichever is later. We will extend this time period if you were unable to make a timely claim because of extraordinary circumstances.

Your claim must include:

ATM Safety Tips

We care about making banking convenient for you. We also care about making it safe. So, please keep the following tips in mind each time you use an ATM.

We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to both the operator of the facility and local law enforcement officials immediately.

Identity Theft

Your role is extremely important in the prevention of wrongful use of your Account. If you notice suspicious or fraudulent activity on your Account, contact us at 800-698-BANK (800-698-2265) to advise us of the nature of your concern.

If necessary, we can restrict access to your Account, change your Account password, issue new Cards, close your Account if there is evidence that your Account has been the target of criminal activity, or take other appropriate action. Below are some other steps you should take to protect your Account(s).

Contact the fraud department of each of the three (3) major credit bureaus to report the identity theft and request that the credit bureaus place a fraud alert and a victim’s statement in your file. The fraud alert puts creditors on notice that you have been the victim of fraud, and the victim’s statement asks them not to open additional Accounts without first contacting you. The following are the telephone numbers for the fraud departments of the three (3) national credit bureaus:

You may request a free copy of your credit report from a credit bureau, which must provide a free copy of your report if you have reason to believe the report is inaccurate because of fraud and you submit a request in writing.

Review your report to make sure no additional fraudulent Accounts have been opened in your name or unauthorized changes made to your existing Accounts. Also, check the section of your report that lists “inquiries” and request that any inquiries from companies that opened the fraudulent Accounts be removed.

Contact any creditor where you have an Account that you think may be the subject of identity theft. Advise them of the identity theft. Request that they restrict access to your Account, change your Account password or close your Account if there is evidence that your Account has been the target of criminal activity.

Close the Accounts that you know or believe have been tampered with or opened fraudulently. You may file a report with your local police department. Get a copy of the report to submit to your creditors and others that may require proof of the crime.

You may file your complaint with the Federal Trade Commission (FTC). The FTC maintains a database of identity theft cases used by law enforcement agencies for investigation. You may contact the FTC at www.consumer.gov/idtheft or call their hotline at 877-IDTHEFT (438-4338). Filing a complaint also helps us learn more about identity theft and the problems victims are having so that we can better assist you.

Alternative Dispute Resolution Process, Arbitration, Waiver of Class Action 

and Opt-Out Procedures

From time to time, you may have concerns having to do with your Account or other matters. Most concerns can be resolved by calling our Customer Call Center at 800-698-BANK (800-698-2265). In the event that a dispute arises between you and us about your Account or any services that we provide, You and Bank agree that we shall attempt to informally settle any and all disputes (Informal Dispute Resolution Process) arising out of, affecting, or relating to your accounts, or the products or services the Bank has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the Bank (hereafter referred to as the “Claims”). Attempts to informally settle the Claims will include a written exchange of information describing the Claims (a “Notice of Dispute”), the bases for the Claims, and the relief sought, and then an in-person meeting (or a meeting by Zoom or similar electronic means), or telephonic meeting, to discuss, in good faith, a potential resolution of the claims. Neither you nor we may commence, join, or be joined to any proceeding arising from the other party’s actions relating in any way to your account or alleging that the other party has breached any provision of, or any duty owed by reason of, any agreement with the Bank, until you or we have notified the other party pursuant to the notice procedures for the informal dispute-resolution process described in this section, and have given the other party a reasonable period to take corrective action (if corrective action is appropriate). This applies to any conduct, fee, claim, breach, or duty accruing before or after the effective date of this Agreement. You and we agree that a reasonable period to take corrective action will be 60 days from the date the required notice was given unless applicable law specifies a shorter period for corrective action to be taken, in which case the time specified under applicable law will be deemed to be reasonable for purposes of this section. You must provide this notice once you become aware of a claim and within the time required under applicable law.

All notices given in connection with this informal dispute resolution process by either you or us must be in writing, signed by the party providing notice, and with a detailed explanation of the factual basis for any alleged claim that allows the other party sufficient information to take corrective action. A Notice of Dispute must include the sender’s name, mailing address, email address, telephone number, and account information (i.e., account numbers), along with a description of the dispute and what resolution to the dispute is being sought, including an individualized calculation of any damages asserted. All applicable statutes of limitations will be considered tolled beginning on the day a compliant Notice of Dispute is sent. You will send any Notice of Dispute to our Legal Department at:

Beacon Bank & Trust
Notice of Dispute: ATTN: Legal Department
PO Box 1308
Pittsfield, MA 01202-1308

Bank will send any Notice of Dispute to your registered email address and also to the account address associated with the account at issue. If we provide a Notice of Dispute to you in connection with this informal dispute-resolution process, the Notice of Dispute will be considered to have been given to you when it is mailed to your address by first-class mail or when it is actually delivered if sent by other means. There may be only one designated Notice of Dispute address under this Alternative Dispute Resolution Process, Arbitration, Waiver of Class Action and Opt-Out Procedures section (“Arbitration Agreement”) at any one time.

After the 60-day period for reasonable notice is complete, if the other party has not yet taken corrective action, this informal dispute resolution process is not complete until the party providing Notice of Dispute has spoken to the other party at least once either on the telephone or in person (including via Zoom or other teleconference method) through the contact information provided herein (for us) or associated with the account (for you). If either side makes three unsuccessful attempts at oral contact without success, and can document those attempts, and if the dispute remains unresolved despite compliance with the requirements of the informal dispute resolution process herein, then the obligations of this informal dispute resolution process have been met. Notwithstanding the arbitration provision below, either party shall have the right (but not the obligation) to request that a court determine whether the other party has complied with this Informal Dispute Resolution Process. Neither the Bank nor you can proceed to arbitration without first providing a compliant Notice of Dispute and engaging in Informal Resolution for the required period. If you or Bank proceed to arbitration without providing a compliant Notice of Dispute or before the end of the Informal Resolution period, a court may enjoin the filing and order the party that has not followed this Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred. If you and Bank dispute whether a Notice of Dispute complied with this subsection, that particular dispute over compliance will be resolved by a court, not an arbitrator, notwithstanding the provision otherwise delegating to the arbitrator Disputes over the validity, enforceability, or scope of this section.

If either party makes a settlement offer in connection with this Informal Dispute Resolution Process, and the other party rejects that offer and pursues litigation in the relevant forum, then if the rejecting party obtains relief less than or equal to the settlement offer, the offering party shall be entitled to reasonable attorneys’ fees (if any), to the extent allowed by law.

Arbitration

If the Claims cannot be resolved through the Informal Dispute Resolution Process, then you agree that except as otherwise set forth herein any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise, and including rules applicable to mass arbitrations. The Rules can be obtained on the AAA website free of charge at www.adr.org; or a copy of the Rules can be obtained at any bank office upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to a Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. Each claim you make for arbitration must include your name and address on file with us, an account number you have with us, and a short and plain statement of the claims asserted, and relief sought. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to: (i) claims that are or can be initiated in or transferred to small claims court, so long as they are prosecuted individually and remain in small claims court; (ii) actions initiated by “covered borrowers” under the Military Lending Act; (iii) claims involving residential mortgage secured loans covered by Regulation Z; (iv) claims involving the foreclosure of a consensual security interest in real, personal or intangible property, or (v) any other claims where arbitration is prohibited by law.

For Disputes in which the claimant seeks less than USD $10,000.00, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides for good cause shown that a formal hearing is necessary. For matters in which the claimant seeks USD $10,000.00 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary for good cause shown. Unless you and Bank agree otherwise, the arbitrator’s decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Bank to satisfy one of our individual claims that the arbitrator determines are supported by credible, relevant evidence.

a. Selection of Arbitrator. The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules and must have experience in the types of financial transactions at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If AAA is unavailable to resolve the Claims, or declines to administer the Claims for any reason, and if you and we do not agree on a substitute arbitration forum, then you can select the arbitration forum for the resolution of the Claims.

b. Effective Date. This Arbitration Agreement is effective upon the 31st day after we provide it to you (“Effective Date”) unless you opt-out in accordance with the requirements of the RIGHT TO OPT-OUT provision of this Arbitration Agreement. If you receive your statements by mail and did not receive this Arbitration Agreement when you opened your Account, then this Arbitration Agreement was provided to you when it was mailed. If you receive your statements electronically and did not receive this Arbitration Agreement when you opened your Account, then it was provided to you when you were sent notice electronically.

c. Arbitration Proceedings. The arbitration shall be conducted within fifty (50) miles of your residence at the time the arbitration is commenced, or remotely by Zoom or other similar electronic means if required by the Rules or approved by the arbitrator. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including any kind of relief that could be awarded by a court, including injunctive relief. The Arbitrator will follow the law and not be entitled to make errors of law. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed, provided, however, that either party may appeal to any court with jurisdiction to the extent the Arbitrator makes an error of law. We will pay for any filing, administration, and arbitrator fees imposed on you by the AAA, except if you are the claimant seeking relief, in which case you will be responsible for: the first $200.00 of the filing fees, whatever amount is required by AAA, or the amount you would be required to pay to file a claim in the applicable court, whichever is the greatest. You will be responsible for your own attorneys’ fees. The Arbitrator will be entitled to award attorneys’ fees and costs to the prevailing party if permitted by applicable law. You and we hereby agree that any arbitrator shall have the power to award costs or fees as a sanction consistent with conduct sufficient to warrant sanctions under either Federal Rule of Civil Procedure 11 or 28 U.S.C. § 1927. You and we also agree that any attorney representing you in any arbitration must be licensed to practice law in the jurisdiction where the arbitration takes place. In all cases, The arbitrator will decide the substance of all claims in accordance with law as specified in choice-of-law provisions here, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall dismiss an arbitration demand on the pleadings if it does not contain sufficient factual matter to state a claim to relief that is plausible on its face. Any arbitration demand must be personally signed by you or by a Bank representative. The arbitrator will not be bound by rulings in prior arbitrations involving different Bank customers, but will be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. As limited by applicable law, this Arbitration Agreement, and the applicable Rules, the arbitrator will have (1) the authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court. At the end of any arbitration, the arbitrator may award reasonable attorney’s fees and costs or any portion thereof to either party upon determining that the claim, cross-claim, or defense is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorized by applicable law.

d. Emergency Relief. Nothing contained in this Arbitration Agreement shall prevent either you or the Bank from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment or any other pre-judgment remedies. Nothing contained in this Arbitration Agreement will prevent either you or the Bank from exercising self-help remedies, including non-judicial foreclosure, repossession, or set-off.

e. Validity and Enforcement. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.

f. Class Action Waiver. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.

g. Notice and Filing Timing. To the fullest extent permitted by applicable law, you or Bank must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law or other contract terms requires you or Bank to bring a claim for a Dispute sooner than two (2) years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this Section may bar the Dispute (if applicable law allows), which means that you and Bank will not have the right to assert the Dispute.

h. Severability. In the event the Class Action Waiver in this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found to be unenforceable, the remaining provisions shall remain fully enforceable.

i. Coordinated Filings. If 25 or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in these Terms. Bank or you may advise the other of its or your belief that cases are Coordinated Cases, and Disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter (or by a Process Arbitrator if the arbitration provider so requires). Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below. Bank will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been sent for that claimant until, under the terms of these Terms, the claimant’s Coordinated Case may be filed in arbitration or court.

Once counsel in the Coordinated Cases has advised Bank that all or substantially all the Notices of Dispute have been provided, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as bellwether cases. The number of cases chosen should suffice to allow each side to test the merits of its arguments. If the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or by a Process Arbitrator if the arbitration provider so requires). Factors that may be considered in making this decision include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. The arbitration provider may not assess fees to Bank for any Demands not filed. The parties acknowledge that resolution of some Coordinated Cases will be delayed by this bellwether process.

Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Bank agree), Bank and claimants in the Coordinated Cases must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. Bank and the claimants must agree on a mediator within thirty (30) days after the conclusion of the last bellwether trial, and if they do not, the arbitration provider will promptly appoint a mediator as an administrative matter. Bank and the claimants will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of remaining Coordinated Cases for which a compliant Notice of Dispute was received by the other party. Such Disputes may be filed only in the state courts in Massachusetts, or if federal jurisdiction exists, in the United States District Court for the District of Massachusetts, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Bank from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants whose claims were part of the Coordinated Cases may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and any party may contest class certification at any stage of the litigation and on any available basis. This is a limited exception to the class action waiver that otherwise applies to all Disputes between us.

A court shall have the authority to enforce this process for resolving Coordinated Cases and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

RIGHT TO OPT-OUT. You have the right to opt out of this Arbitration Agreement and doing so will not affect any other terms of this Agreement or your relationship with us. TO OPT OUT OF THIS ARBITRATION AGREEMENT, YOU MUST MAIL US WRITTEN NOTICE OF YOUR DECISION, POSTMARKED BY THE DATE THAT IS 30 DAYS AFTER WE FIRST PROVIDED THIS ARBITRATION AGREEMENT TO YOU. Your opt out notice must include your name, address, Account number for each deposit Account you wish to opt out and your signature and must be mailed to us at Beacon Bank & Trust, Attn: Deposit Services, PO Box 1308, Pittsfield, MA 01202 (“Notice Address”). This is the only method by which you can opt out of this Arbitration Agreement. For Joint Accounts, an opt-out notice signed by one Account holder shall apply to all owners listed on the deposit Account. This Arbitration Agreement will apply to any dispute relating to any Account(s) for which we do not receive a timely and proper opt-out notice as described in this paragraph (including disputes involving Account owners added to your deposit Account in the future).

FOR MORE DETAILS or if you have questions, you may call our Customer Call Center at 800-698- BANK (800-698-2265). or visit one of our bank office locations. If you have questions about AAA procedures, you should check AAA’s website, www.adr.org, OR call AAA at 800-778-7879.

800-698-BANK (800-695-2265)
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Effective 2/9/2026