Last Revised: February 9, 2026

INTRODUCTION

Beacon Bank & Trust (“Beacon Bank”, “the Bank”, “we”, “us”, or “our”) is pleased to offer You (as defined below) the convenience of 24-hour banking through Beacon Bank’s Consumer and Small Business Online Banking platform (the “Service”). Each and every time You use or otherwise log in to the Service, You agree, accept, and acknowledge that You have received and understand the provisions of this Consumer and Small Business Online Banking Agreement (this “Agreement”) and agree to be bound by it. Please read this Agreement carefully because it tells You about Your rights and responsibilities for all services offered through the Service. You should keep this Agreement for future reference and check the Service’s mobile app or website periodically for any updates to this Agreement.

The Definitions, Electronic Disclosures, Electronic Fund Transfer (EFT) Disclosure Statement, Additional Online Banking Features For Business Customers, Unified Login, Linking Multiple Entities – Business Customers Only, Bill Pay And Pay A Person Agreement, External Funds Transfer Agreement, Friend To Friend Transfers Terms, Zelle Network^® Standard Terms Agreement, General, other documents referenced in this Agreement, and any other documents provided by us to You from time to time related to Your Accounts (as defined below), all as may be amended from time to time, are hereby incorporated into this Agreement by reference and made an integral part of this Agreement as if fully set forth in this Agreement. All references to “this Agreement” shall be deemed to include the incorporated documents. In the event of any conflict or inconsistency between the terms of this Agreement and any of the incorporated documents, the terms of this Agreement shall govern and control, unless expressly stated otherwise in this Agreement.

This Agreement may be amended from time to time and notice of such change will be provided to You by us as may be required by Applicable Law.

PART 1 – DEFINITIONS

“Account” means, unless otherwise indicated, each and every deposit account (e.g., checking, savings, money market, certificate of deposit) and loan account (e.g., mortgage, line of credit) held with Beacon Bank on which You are an owner or for which You are an authorized representative, either solely or jointly with others.

“Admin” means an individual designated within the Service by a business customer or their duly authorized representative who will have the authority to invite or add a Sub-User to the business online banking profile to which this individual is associated and assign and manage different access levels for those Sub-Users. An Admin is also a Sub-User.

“Applicable Law” means unless otherwise prohibited by federal laws, rules, or regulations, and to the extent not preempted by federal law, the laws of the Commonwealth of Massachusetts and applicable federal rules and regulations.

“Business Day” means any day other than Saturdays, Sundays, and federal holidays.

“Card” means a Beacon Bank issued Mastercard® debit/ATM card.

“Certificate of Authority” means the document signed by a business customer in connection with its Account(s) designating authority to its Admins and Sub-Users and on which it names its Commonly Controlled Entities and their authorized signers.

“Commonly Controlled Entity” means any entity in which a business customer has a direct or indirect ownership interest and/or on behalf of which a business customer has the authority to act, which in all cases has been identified by the business customer on its Certificate of Authority.

“Day” or “days” means a calendar day or calendar days, unless otherwise stated.

“Parent" means a person or entity that has a majority ownership interest in a small business customer.

“Sub-User” means an individual on a business online banking profile assigned by an Admin with access and transactional rights for that business online banking profile as determined by an Admin. 

With respect to consumer users of the Service, the term “You” means the individual consumer customer or an individual authorized to use the Service on behalf of the individual consumer customer. With respect to business users of the Service, the term “You” means an individual authorized by the business customer to use the Service on behalf of that business and the business customer itself. 

PART 2 – ELECTRONIC DISCLOSURES

By accepting this Agreement, You consent to receive all documents relating to the Service and this Agreement electronically either by email or through the Service. Agreeing to accept documents electronically means that once the Bank presents them to You, and, if asked, You click to accept them, they will apply to You and all of Your authorized representatives’ use of the Service.

You must provide a current and valid email address. To update Your email address, navigate to the Settings menu within the website version of the Service.

If You have any questions or need help, just submit a message from within the Service by navigating to "Support", then choose “Send/Receive a Secure Message.”

PART 3 – PERMISSIBLE ACTIVITIES FOR BANK ACCOUNTS

You may perform the following activities with the Service for Your eligible Accounts:

Account Inquiry: You may get Account information (such as balances) and view transactions for Your eligible Accounts.

Review Statements: You may view statement activity for Your eligible Accounts.

Review Cleared Checks: You may view both the front and back of available digital images of checks that have been drawn on and cleared from Your deposit Account(s).

Self-Initiated Services: You may initiate services such as stop payments or review statement or check copies through the Service.

Funds Transfer: You may transfer funds between Your eligible Accounts.

External Funds Transfer: You may transfer to or from checking and savings accounts You own at other financial institutions in accordance with our External Funds Transfer Agreement (see PART 9 below).

Loan Payments: You may make payments to Your eligible loan Accounts or to Your external loan accounts.

Bill Payments: You may make payments or pay various third parties from Your deposit Account(s) in accordance with the BPPPA (see PART 8 below). You must have a checking Account to use the Online Bill Payment Service. Your ability to make certain payments or pay certain third parties may be prohibited as described in this Agreement.

Cutoff Times For Internal Transfers: If You initiate an internal transfer before 11:00 P.M. ET on a Business Day the Bank is open using the Service, we will consider that day to be the day of Your transfer. However, if You make an internal transfer at or after 11:00 P.M. ET on a Business Day or at any time on a day we are not open, we will consider that the transfer was made on the next Business Day we are open.

PART 4 – ELECTRONIC FUND TRANSFER (EFT) DISCLOSURE STATEMENT

This disclosure is to inform You of Your rights under the Electronic Fund Transfer Act. The Electronic Fund Transfers we are capable of handling are indicated below. Additional services may be provided in the future as they are developed. Please read this Disclosure Statement carefully and keep it for future reference.

1. 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 (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 checks without Your permission.

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

2. 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 (2265), or as soon as You can, write to:

Beacon Bank & Trust  

Attn: Electronic Banking 

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.

• Tell us Your name and Account number (if any);
• Describe the error or the transfer You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information; and
• Tell us the dollar amount of the suspected error and, if You can, the date that the transaction occurred.

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. 

3. 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 the Service or call us at 800-698-BANK (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.

4. 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 in accordance with our obligations under the agreement governing Your Account(s), we will be liable for Your losses or damages. However, there are some exceptions. We will not be liable:

• If through no fault of ours, Your Account has insufficient available funds to make the transfer;
• If the funds in Your Account are subject to legal process, such as garnishment, attachment or other lien; 
• If the transfer would exceed the credit limit of Your Overdraft Line of Credit (if You have one);
• If the ATM, terminal or system was not working properly, and You knew about the breakdown when You started the transfer;
• If circumstances beyond our control (such as fire, power outage, equipment failure, flood, epidemic, pandemic, or other act of god) prevent the transfer despite reasonable precautions we have taken;
• If the card or PIN has been reported stolen, or we have reason to believe that You or someone else is attempting to make a transfer for fraudulent or illegal purpose;
• If You or we have terminated the agreement governing Your Account(s);
• If Your PIN or Card has been canceled, or Your designated Account has been closed;
• If the ATM or other banking terminal or system where You were making the transfer does not have enough cash.

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

5. 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:

• Where it is necessary to complete the transfer;
• To comply with government agency or court orders or lawful subpoena;
• To our employees, auditors, or collection agents in the course of their duties;
• To persons authorized by law in the course of their duties;
• For verification of the existence and condition of Your Account for a credit bureau and merchant;
• To a consumer reporting agency as defined in Chapter 93, section 50 of Massachusetts General Laws;
• To certain third parties with whom we have joint marketing agreements; or
• By Your written authorization.

THE REMAINDER OF THIS PART APPLIES ONLY TO CONSUMERS

6. Errors

For errors other than those involving new Accounts, points-of-sale, or foreign-initiated transactions, we will determine whether the error occurred within ten (10) Business Days after we first 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. If we decide to do this, we will credit Your Account within ten (10) Business Days of the day we first hear from You 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. 

For errors involving new Accounts (i.e., Accounts opened within thirty (30) days of Your report of an error), points-of-sale, or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate Your complaint. 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 all Accounts and transactions, we will send You a written explanation within three (3) Business Days after we finish our investigation. You may, at no cost, request for examination and inspection copies of all documents that we used in our 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.

7. 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.

8. In Connecticut, New York, Rhodes Island and Vermont, Your Maximum Liability

If You tell us within two (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 two (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 PIN without Your permission if You had told us within that timeframe, 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 within those sixty (60) calendar days. 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^®.

9. 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 within those sixty (60) calendar days. 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^®.

10. 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 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.

 11. Right and Procedures to Stop Regular Preauthorized Payments Scheduled In Advance

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 (2265), or write to us at:

Beacon Bank & Trust  

Attn: Electronic Banking 

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 get it to us within fourteen (14) days after You call. We will charge You for each stop payment order You give (please see our Fee Schedule).

• Notice of Varying Amounts: If regular payments from Your Account may vary in amount, the person You are going to pay will tell You ten (10) days before each payment when it will be made, and how much it will be. You may choose, however, to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits set by You.
• Liability for Failure to Stop Payment of Preauthorized Transfer: If You properly order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for Your losses or damages. Please refer to PART 8 – BILL PAY AND PAY A PERSON AGREEMENT below for information on changing, canceling, or stopping a bill payment transaction You have previously scheduled.

 12. 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.

PART 5 – ADDITIONAL ONLINE BANKING FEATURES FOR BUSINESS CUSTOMERS

1. Authority of Admins and Sub-Users and Your Responsibility

You certify that You are authorized to enter into this Agreement on behalf of the business customer You represent. As an authorized individual of the business You represent, You agree to the terms of this Agreement and that You and the business You represent will abide by them. You will need to appoint and designate at least one Admin for the business within the Service, who will be authorized and responsible for creating, and maintaining other Admins and Sub-Users on behalf of the business within the Service. You further acknowledge and agree that if You are the first authorized representative of the business You represent to establish the online banking profile within the Service for the business, You will be an Admin for the business You represent within the Service. In addition, if You have already established an online banking profile with the Bank and You were an Admin (or Administrator) or Sub-User (or Authorized User) for that business’s profile, You will be an Admin or Sub-User within the Service. Admins will have the ability to assign and revoke access levels and privileges for other Admins, as well as for Sub-Users, who will have access to the business’s and its Commonly Controlled Entities’ Accounts that are linked (see Part 7 below regarding linked Accounts). You agree and understand that when an individual is designated as an Admin, that individual will have the authority to designate additional Admins and Sub-Users, all of whom will have access to the business’s Accounts and Accounts of the business’s Commonly Controlled Entities that are linked (see Part 7 below regarding linked Accounts). 

You authorize the Bank to follow any and all instructions entered and transactions initiated by the Admins or Sub-Users of the business unless and until You have revoked or changed any given Admin’s or Sub-User’s access levels or privileges, or until You have otherwise notified us by calling us at 800-698-BANK (2265) to inform us that the Username and/or Password or other security code for the Service has been stolen, compromised, or otherwise becomes known to persons other than You or the Admin or Sub-User to which it belonged and until we have had a reasonable opportunity to act on such notice. 

You agree that the initiation of a transaction or instructions by Your Admins or Sub-Users using their Username and Password for the Service constitutes sufficient authorization for the Bank to execute such transaction or instruction notwithstanding any particular designation by You of authorized persons or signature requirements identified on any signature card or other documents relating to the business’s or its Commonly Controlled Entities’ Account(s).You further agree and intend that the submission of a transaction or instructions by an Admin or Sub-User using their Username and Password for the Service shall be considered the same as Your authorized written signature in authorizing us to execute each such transaction or instruction. 

YOU UNDERSTAND AND AGREE THAT, NOTWITHSTANDING ANY INSTRUCTIONS OR AGREEMENTS THAT REQUIRE TWO OR MORE SIGNATURES TO ACCESS YOUR ACCOUNTS OR YOUR BUSINESS’S COMMONLY CONTROLLED ENTITIES THAT ARE LINKED (SEE PART 7 BELOW REGARDING LINKED ACCOUNTS) OR THE FUNDS THEREIN, ANY ADMIN OR SUB-USER ALONE CAN ACCESS THOSE ACCOUNTS AND INITIATE BANKING TRANSACTIONS USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE BOUND BY ANY AND ALL TRANSACTIONS INITIATED THROUGH THE USE OF ANY USERNAMES AND PASSWORDS OF ANY YOUR ADMINS OR SUB-USERS FOR THE SERVICE, WHETHER AUTHORIZED OR UNAUTHORIZED, AND BY ANY AND ALL TRANSACTIONS AND ACTIVITY OTHERWISE INITIATED BY YOU OR ANY OF YOUR ADMINS OR SUB-USERS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. 

You understand and acknowledge that any Admin shall have the ability to control security levels such as Service access and privileges.

2. Protecting Usernames and Passwords

Admins and Sub-Users should never share their Username or Password for the Service with anyone. However, if Admins or Sub-Users authorize other persons/entities to use their Username and/or Password for the Service in any manner, such authorization will be considered unlimited in amount and manner until an Admin has revoked the affected Admin’s or Sub-User’s access, and You will be fully responsible for all transactions and instructions conducted through the Service using the shared Username and/or Password. We will not be liable for and will not reimburse You for any losses that may occur as a result of this misuse of an Admin’s or Sub-User’s Username and/or Password for the Service.

You agree to notify us immediately at 800-698-BANK (2265) if You require assistance in redesignating an Admin.

3. Additional Security Responsibilities Applicable to All Business Users

You agree that the following additional security responsibilities shall govern the use of the Service:

a. You agree that Your Admins and Sub-Users shall each have their own unique Username and Password for the Service. You agree that in addition to any other security responsibilities outlined in this Agreement or other documents provided by us to You from time to time related to Your Accounts You are responsible for ensuring all Usernames and Passwords and any other security or access codes for the Service are kept strictly confidential and are not provided to or shared with anyone. YOU HAVE THE SOLE RESPONSIBILITY TO INSTRUCT ADMINS AND SUB-USERS THAT THEY MUST NOT DISCLOSE OR OTHERWISE MAKE AVAILABLE TO ANYONE THEIR USERNAMES,  PASSWORDS, OR OTHER SECURITY OR ACCESS CODES. YOU HAVE THE SOLE RESPONSIBILITY TO ESTABLISH AND MAINTAIN YOUR OWN SECURITY PROCEDURE TO ENSURE THE CONFIDENTIALITY OF USERNAMES, PASSWORDS, AND OTHER SECURITY OR ACCESS CODES FOR THE SERVICE. You agree to notify us immediately, by calling the Customer Call Center at 877-668-BANK (2265) if You believe that any Username and/or Password or other security or access code for the Service has been lost, stolen, compromised, or otherwise becomes known to any person other than the Admin or Sub-User to which it belongs, or if You believe that any transaction or activity is unauthorized or in error. We shall not be liable to You or any third party for any loss incurred as a result of Your failure to so notify us. You agree to indemnify, defend, and hold the Bank and its affiliates and each of their respective officers, directors, employees, agents, representatives, and contractors harmless from and against any and all losses, damages, and expenses, including, but not limited to, attorney’s fees and expenses and costs of investigation caused by Your or any Admin’s or Sub-User’s failure to keep Your or their Username and/or Password or other security codes or access codes for the Service confidential and secure.

b. Your use of the Service constitutes Your agreement that the security responsibilities outlined in this Agreement or other documents provided by us to You from time to time related to Your Accounts are commercially reasonable. You acknowledge and agree that these security responsibilities are not designed to detect errors in the content of instructions and transactions conducted through the Service. You also understand and agree that these security responsibilities, even when properly implemented by us and by You do not provide a guaranty against unauthorized access to information or unauthorized transactions. Accordingly, You agree that You assume all risks in connection with the establishment and/or use of the Service. Without limiting the generality of the foregoing, You agree that if Account information is accessed, or if a transaction or instruction is made (such as a transfer or payment), by a person using a Username and/or Password or other protected information for the Service, we may treat that access, transaction, or instruction as being authorized by You (even if it was not actually authorized by You), and You agree to be bound by any actions taken by us as a result of that access or those transactions or instructions, subject to Applicable Law.

YOU ACKNOWLEDGE AND AGREE THAT ANY ELECTION YOU MAKE TO WAIVE, CHANGE, OR DISREGARD THE SECURITY RESPONSIBILITIES ASSOCIATED WITH THE SERVICE ARE AT YOUR SOLE RISK. YOU FURTHER AGREE THAT ANY PAYMENT, TRANSFER, OR OTHER REQUEST PROCESSED OR PURPORTED TO BE PROCESSED BY YOU BY WAIVING, CHANGING, OR DISREGARDING THE SECURITY RESPONSIBILITIES SHALL BE TREATED AS AUTHORIZED AND YOU SHALL BE RESPONSIBLE FOR ALL LOSS RESULTING IN WHOLE OR IN PART FROM SUCH WAIVER.

c. You agree that You have adopted and implemented Your own commercially reasonable policies, procedures, and systems to provide security to information being transmitted and to receive, store, transmit, and destroy data or information in a secure manner to prevent loss, theft, or unauthorized access to data or information (“Data Breaches”) prior to using the Service. You also agree that You will promptly investigate any suspected Data Breaches and have up-to-date software in place for protecting Your systems from unauthorized intrusions, malware, malicious code, Trojan horses, viruses, etc. (“Anti-Malware Software”) and that You will monitor the Anti-Malware Software regularly and ensure any threats detected are remediated immediately. You a will provide timely and accurate notification to us of any Data Breaches, when known or reasonably suspected by You and You will take all reasonable measures, which may include, without limitation, retaining competent forensic experts, to determine the scope of data or transactions affected by the Data Breaches, as well as remediation measures being taken, and promptly provide such information to us.

4. Limitation of Liability

Except as otherwise provided under Applicable Law or in this Agreement, to the extent that we have any liability, our liability to You in connection with the Service will be limited to the actual losses sustained by You, and then only to the extent such losses are a direct result of our gross negligence, willful misconduct, or bad faith. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, LOST REVENUE, LOST EARNINGS OR PROFITS, LOST DATA, OR LOSS OF BUSINESS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOR WILL WE BE LIABLE FOR DAMAGES THAT YOU MAY SUFFER OR INCUR IN CONNECTION WITH THE SERVICE INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES OR EXPENSES, LOST EARNINGS OR PROFITS, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM OUR ACTS, OR FOR ANY INDEMNIFICATION CLAIM, WHETHER CONTRACTUAL, EQUITABLE OR OTHER, REGARDLESS OF WHETHER THE LIKELIHOOD OF SUCH CLAIM, LOSS, OR DAMAGE WAS KNOWN BY US AND REGARDLESS OF THE BASIS, THEORY, OR NATURE OF THE ACTION ON WHICH A CLAIM IS ASSERTED. Except to the extent otherwise required or provided in this Agreement or by Applicable Law, in no event will our aggregate liability to You or any other person for all losses incurred in connection with this Agreement or the Service exceed in the aggregate $100.00.

You agree and acknowledge that the limitations of liability set forth in this section and the indemnification obligations set forth below, as well as elsewhere in this Agreement, represent a bargained for allocation of risk and liability and that such allocation of risk and liability is fair and reasonable. You acknowledge and agree that we would not enter into this Agreement without the limitations of liability and indemnification obligations set forth in this Agreement. The limitations of liability and indemnification obligations contained in this Agreement shall survive the termination of this Agreement.

5. Business Account Statements

You will continue to receive Your normal Account statements which outline the transactions on its Accounts, including those initiated through the Service. It is Your responsibility to carefully review all Account statements to detect any unauthorized transactions. In addition to any other provisions contained in this Agreement regarding authorization of transactions under the Service, unless otherwise required by Applicable Law, all transactions shall be deemed to be authorized by You fourteen (14) days after we sent or made available to You a statement showing the transaction. You may dispute a transaction by providing written notice to us prior to the expiration of the fourteen (14) day period. You agree to promptly notify us of changes to the address of Your business. A copy of any documentation provided to You that indicates an EFT was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

6. Your Representations, Warranties, and Covenants

By enrolling in the Service, You represent, warrant, and covenant that:

1. You have completed all internal actions necessary to enroll in the Service; 
2. The documents You provide to us are duly authorized, true, accurate, and complete;
3. Your Admins and Sub-Users are duly authorized and have complete and full authority to bind You in all transactions involving the Service;
4. You have procured any and all required licenses and filings regarding Your business, including, but not limited to, any filings for trade names under which You may conduct business;
5. You will use the Service for business and/or commercial purposes only, and You will not use the Service for personal, family, or household purposes; and
6. Subject to Applicable Law, this Agreement constitutes Your valid and legally binding obligation, enforceable against You in accordance with its terms.

7. Indemnification

Except as otherwise prohibited or limited by Applicable Law, You agree to indemnify, defend and hold harmless the Bank and its affiliates and each of their respective officers, directors, employees, agents, representatives, and contractors (individually, an “Indemnified Party” and, collectively, the “Indemnified Parties”) from any and all liability, claims, losses, damages, suits, investigations, administrative or judicial proceeding, whether or not any Indemnified Party is designated as a party thereto (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) which may be incurred by any Indemnified Party(ies) relating to or arising from:

1. Your use of the Services;
2. a claim by any person that an Indemnified Party is (1) responsible for any act or omission of Yours or (2) Your payment order contravenes or compromises the rights, title or interest of any third party or contravenes any law, rule, regulation, ordinance, court order or other mandate or prohibition with the force or effect of law;
3. Your failure to observe and perform Your obligations under this Agreement or any negligent or wrongful act or omission by You or Your affiliates;
4. a breach by You of any of the warranties, representations, covenants or agreements laid out in this Agreement;
5. action taken by any Indemnified Party in reasonable reliance on information provided to any Indemnified Party by You or any of Your affiliates, subsidiaries, Parents, Commonly Controlled Entities, employees, agents, representatives, Admins, or Sub-Users, whether or not actually authorized;
6. action or inaction by any Indemnified Party in accordance with or reliance upon any instructions or information received from any person the Indemnified Party reasonably believed to be Your authorized representative, Admin, or Sub-User; and
7. any legal action that any Indemnified Party responds to or initiates, including any interpleader action an Indemnified Party commences, involving Your Account(s) or your Commonly Controlled Entity’s(ies’) Account(s), including without limitation any state or federal legal process, writ of attachment, execution, garnishment, tax levy or subpoena; provided, however, that an Indemnified Party shall not be indemnified for any Losses to the extent caused by its willful misconduct, bad faith, or gross negligence.

The indemnification provisions contained in this section shall survive the termination of this Agreement.

PART 6 – UNIFIED LOGIN – CONSUMER AND BUSINESS CUSTOMERS

The Service provides the ability to toggle between multiple user profiles for which You have login credentials, which will allow You to quickly access Accounts associated with those profiles without needing to log in each time.

Linking and unlinking an additional profile is a self-service feature within the Service. 

PART 7 – LINKING MULTIPLE ENTITIES – BUSINESS CUSTOMERS ONLY

1. Admins and Sub-Users

The Service allows businesses with Commonly Controlled Entities to view and transact under one login for the Service and, once provisioned through the Bank’s review process, allows Admins and Sub-Users to view and/or transact on Your and Your linked Commonly Controlled Entities’ Accounts based on access type, permissions, and Accounts linked to each Admin and Sub-User for both You and Your linked Commonly Controlled Entities. You understand that Admins and Sub-Users may utilize the Services for Your and Your linked Commonly Controlled Entities’ Accounts without regard to any restrictions otherwise applicable to an Account, or whether or not such Admin or Sub-User is actually an authorized signer on any given Account belonging to You or Your linked Commonly Controlled Entity. If You wish to revoke or change access types or permissions for any Admin or Sub-User, or if You wish to change Accounts linked to any Sub-User, it is Your sole responsibility for making those changes via an Admin in the Service, or by contacting the Bank.

2. Linking Commonly Controlled Entities

To request linking of Commonly Controlled Entities, please contact the Bank’s Call Center at 800-698-BANK (2265), message the Bank through the secure messaging feature of the Service, or visit one of the Bank’s branches. You will need to complete a copy of the Bank’s standard form documents which must be signed by a person authorized to sign on behalf of the business as further detailed in the documentation. We will process the request following receipt, and we will link the designated Accounts of Your Commonly Controlled Entities to Your profile within the Service, which will enable Admins and Sub-Users to view and transact on Accounts as described above. Please note, You and each of Your Commonly Controlled Entities acknowledges and agrees that You and Your and Your Commonly Controlled Entities’ Admins and Sub-Users may be given authority by Your Admins to transfer funds, view, and/or conduct other transactions affecting Accounts of Your Commonly Controlled Entities some of which may have different tax identification numbers. You and Your Commonly Controlled Entities acknowledge that You are responsible for determining any limitations on access and permissions to Your and Your Commonly Controlled Entities’ Accounts by Admins and Sub-Users. 

3. Delinking Commonly Controlled Entities

If you wish to delink a Commonly Controlled Entity, you will need to complete and sign a request on the Bank’s standard documents, and all access and permissions for Your and Your linked Commonly Controlled Entities’ Admins and Sub-Users will remain the same until the Bank has had a reasonable time to act on your request. Please contact the Bank’s Call Center at 800-698-BANK (2265), message the Bank through the secure messaging feature of the Service, or visit one of the Bank’s branches for more information.

4. Limitation of Liability

The Bank’s duties and responsibilities shall be limited to those set forth in this Agreement. Except to the extent otherwise required by Applicable Law, in no event shall the Bank be liable to You, any Admins or Sub-Users, any Commonly Controlled Entities, any Parent, stockholder, director, or any other person for: (a) any punitive, indirect, consequential, or special damages or for lost profits, lost business, or loss of revenue, even if the Bank has been advised of the possibility of such damages; (b) the acts or omissions of a contractor, vendor, processor, third-party servicer, or vendor used by You or the Bank, or any loss, cost, damage or expense incurred by any person or entity in connection therewith; (c) Your negligence or breach of any agreement with the Bank; (d) any loss, cost, expense, or damage to You in connection with any internet connection, software, or any technical computer service, including software installation or de-installation performed by the Bank or You or any third party designated by the Bank or You, or Your or the Bank’s use thereof; (e) any ambiguity, inaccuracy, or omission in any instruction or information provided to the Bank; (f) the application of any government or funds-transfer system rule, guideline, policy or regulation; (g) the lack of available funds in Your or any of Your linked Commonly Controlled Entities’ Account(s) to complete a transaction; (h) the Bank’s inability to confirm to its satisfaction the authority of any person to act on Your behalf; (i) Your failure to follow any applicable software manufacturer’s recommendations or the Bank’s instructions with respect to the Service; (j) any internet sites related to the Service or maintained or operated by the Bank or the use thereof or the inability to use such sites by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, Trojan horse, worms, or internet or system failure, or (k) any claims of wrongful dishonor resulting from the Bank’s acts or omissions under this Agreement, even if the Bank, or representatives thereof, are advised or the possibility of such damages, losses, or expenses. There may be other exceptions to the Bank’s liability, as stated in Your Business Account Terms & Conditions or other service agreements with the Bank, which are incorporated into this Agreement by reference. The Bank will not be responsible for determining the compatibility of any device or installed software with other system components or for any failure of any technical servicing or software installation to provide access to the Service. The Bank’s liability and Your and Your Commonly Controlled Entities’ sole remedy for actual costs and losses resulting directly from the Bank’s gross negligence, willful misconduct or bad faith actions and/or omissions, whether the claim is in contract or tort, will in no event exceed an aggregate of $100.00. Any claim, action or proceeding by You or any other person, including any Parent or Commonly Controlled Entity, to enforce the terms of the Agreement or to recover for any Service-related loss must be commenced within one (1) year from the date that the event giving rise to the claim, action or proceeding first occurs. You agree to cooperate and agree to cause Your Admins and Sub-Users, Parents, and Commonly Controlled Entities and their Admins and Sub-Users to cooperate with the Bank in any loss recovery efforts the Bank undertakes to reduce any loss or liability that arises in connection with the Service. You acknowledge that the Bank would not have entered into this Agreement without: (A) these limitations on the Bank’s liability; and (B) Your agreement to assist and cause others to assist the Bank in any loss recovery effort. You agree that You will not and You will ensure that Your Commonly Controlled Entities and each of your respective Admins and Sub-Users will not assert any claims against the Bank based on theories of negligence, gross negligence, strict liability, misrepresentation, or fraud based on or relating to any communication or communication medium, device, software, or Your or any of their possession or use thereof or any technical computer service including, but not limited to, software installation or de-installation performed by the Bank. 

PART 8 – BILL PAY AND PAY A PERSON AGREEMENT 

Our online bill payment service allows You to direct us or our service provider through the “Bill Pay” feature in the Service (the “Online Bill Payment Service”) to make check, digital card, or electronic automated clearinghouse (“ACH”) payments from checking Accounts on which You are an owner or authorized user to an individual, financial institution, educational institution, company, merchant, or other entity You wish to pay using the Online Bill Payment Service (each, a “Payee”) that You choose in accordance with this Bill Pay and Pay a Person Agreement (“BPPPA”). 

1. Transaction Responsibilities

We will use commercially reasonable efforts to process Your one-time or recurring payments in accordance with Your instructions that You input into the Online Bill Payment Service. You will be prompted in the Online Bill Payment Service to select an Account from which Your payment is to be made, and it is Your sole responsibility to make sure the Account You select for the payment is correct. Unless otherwise prohibited by federal laws, rules, or regulations, and to the extent not preempted by federal law, the laws of the Commonwealth of Massachusetts (“Applicable Law”), neither we, or our service provider shall be liable for failure to make any payment if: (a) Your Account does not have sufficient funds to complete the payment; (b) a legal order prohibits withdrawals from Your Account; (c) Your Account is closed, frozen, or is otherwise not authorized to be debited for the payment amount; (d) the transaction would cause Your Account balance to exceed the overdraft credit limit for the Account You are using for the payment; (e) You, or anyone You allow to access Your Account, commits fraud or violates any law or regulation in connection with the Online Bill Payment Service; (f) the Online Bill Payment Service is not working; (g) You did not provide accurate information for the Account, payment, or Payee; (h) You did not follow the instructions of the Online Bill Payment Service, You did not comply with the terms or conditions of this BPPPA, or as may otherwise be provided in this Agreement; (i) You knew or had been advised that the Online Bill Payment Service was not functioning properly at the time You scheduled Your payment; (j) there is a postal delay; (k) circumstances beyond our control (such as fire, flood, or improper transmission or handling by a third party) prevent, hinder or delay the transaction; or (l) You are sending a payment to a Payee that is outside of the United States or its territories. 

2. Your Responsibilities

You understand that You are responsible for any payment request that You make that contains errors or is a duplicate of another payment or payment request. Neither we, nor our service provider are liable if: (a) You did not provide correct instructions for making the payment; (b) You failed to promptly notify us after learning that You did not receive a credit from a Payee; or (c) for Your acts or omissions or those of any other person, including any Payee or transmission or communications facility, and no such party shall be deemed our or our service provider’s agent. Under no circumstances shall we or our service provider be liable for any special, consequential, incidental or punitive losses, damages, or expenses in connection with the Online Bill Payment Service, even if we and/or our service provider have knowledge of the possibility of them. Neither we nor our service provider are liable for any act, failure to act or delay in acting with respect to the Online Bill Payment Service if caused, in whole or in part, by any cause beyond our and/or our service provider’s reasonable control. 

3. Setting Up and Maintaining Payees

In order to use the Online Bill Payment Service, You will need to establish at least one Payee in Your Payee list within the Online Bill Payment Service. You may add, modify or delete Payees as necessary. All Payees must have a physical address within the United States of America or its territories. We and/or our service provider reserve the right to remove or refuse a Payee at any time in our sole discretion. You are responsible for maintaining Your Payee list within the Online Bill Payment Service and ensuring all Payee information is accurate including, but not limited to the Payee’s name, the Payee’s address, Your account number with Payee, name on Your account with Payee, etc. 

If You are a business customer, when You first apply for the Online Bill Payment Service, it will be in temporary status (generally up to three (3) Business Days) until we have had sufficient time to approve Your application for service. 

For all customers, You should schedule a payment to a new Payee at least ten (10) Business Days before any payment due date to allow us time for the new Payee to receive the payment. In addition, the Bank is not liable for any service fees or late charges levied against You due to postal delays, processing delays by the Payee, or Your failure to schedule a payment with enough lead time for us to process Your payment request. There is no limit on the number of Payees You can set up or number of payments that You can schedule in the Online Bill Payment Service. Electronic ACH payments are subject to the availability of sufficient funds in the Account from which the payment will be made. However, if the Account You use to make payments is a Money Market Account, then a fee may be assessed based on the number of payments You make in any monthly calendar period as disclosed in the Truth in Savings section of Your Account disclosures or the Common Features Fee Schedule. In addition, the Bank reserves the right to impose limits on the number of Payees or the number of payments You can make at some future date, in its sole discretion, and, if such limits are imposed in the future, notice will be provided if and as necessary in accordance with Applicable Law. For electronic ACH payments, You acknowledge and agree that if You provide a Payee name that does not match the account number of that Payee, Your payment will be made only on the basis of the account number regardless of the name provided. Likewise, it is Your sole responsibility to make sure that You provide the correct account number for the Payee. 

For payments to an existing Payee, You must allow at least five (5) Business Days between the date You schedule a payment to be initiated and the payment due date (that is, the due date shown on Your invoice or provided in Your agreement with the Payee, not including any applicable grace period). If You do not, You will be fully responsible for all late fees, finance charges or other actions taken by the Payee. 

4. Setting Up Payments

You may set up one time or recurring payments to Your Payees. To set up a payment, You must select a Payee from Your Payee list in the Online Bill Payment Service and follow the instructions for scheduling a payment. You are solely responsible for canceling, skipping, rescheduling or revising any recurring payments. Our service provider and/or we retain the right to cancel or to refuse to make a payment for any lawful reason at any time such as suspected fraud. Requested payments are forwarded to our service provider who will transfer the funds to the Payee either electronically or by sending the Payee a paper check. 

If the funds are sent electronically, Your payments will be deducted from Your account by a direct ACH debit through Federal Reserve Banking channels. Payments made via ACH are subject to the rules of the National Automated Clearing House Association (“NACHA”). If payment is to be made electronically and Your Account does not have sufficient available funds to make a payment as of the date the payment is attempted or scheduled to be made, the payment will be canceled, and You will be notified via the Online Bill Payment Service’s Secure Messaging center. The Bank shall have no obligation or liability if it does not complete a payment because there are insufficient available funds in Your Account used to make the payment. In all cases, You are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Online Bill Payment Service when You have sufficient funds in Your Account. In the case of recurring payments, only the payment currently scheduled will be skipped if there are insufficient funds at the time that payment is scheduled to be made. Recurring payments scheduled for future dates will not be affected so long as there are sufficient funds in Your Account associated with that recurring payment at the time those future recurring payments are scheduled to be made. 

When You schedule a payment that will be made by check, the payment will be treated as if You wrote a check drawn from Your Account. A check will be printed and sent regardless of the balance in the Account from which Your payment will be processed. If sufficient funds are not available in that Account when the check is presented for payment, we may refuse to honor the check and return it unpaid. At our sole discretion, we may elect to pay the check regardless of the insufficient funds. In either event, the Account from which Your payment was processed will be charged our then current fee for processing insufficient items, whether the check is paid or returned, as applicable. You are responsible for any loss or penalty that You may incur due to a lack of sufficient funds or other conditions that may prevent the withdrawal of funds from that Account. Payments made by paper checks processed by our service provider may show as drawn on the service provider or its bank rather than on You or on the Bank. 

5. Return Payments

You understand that there may be times when Your payments may be returned for various reasons including: the account number or account at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the item, or the account at the Payee has been paid in full or has been turned over to another company or individual. The Online Bill Payment Service shall use commercially reasonable efforts to research and correct the returned payment or void the payment and credit Your Account from which the payment was made if Your Account had been debited. We will endeavor to notify You of such occurrences. 

6. Types of Payments

You may establish both one-time and recurring payments using the Online Bill Payment Service. One-time payments are made in accordance with Your set up instructions and occur when You submit the request for payment, which should be at least five (5) or ten (10) Business Days in advance of the payment due date in accordance with the preceding provisions of this BPPPA. Recurring payments are payments made for the same amount, on a regular schedule. Recurring payments are made automatically until You delete or cancel the recurring payment or upon the expiration date, or set number of payments, that You set up in the Online Bill Payment Service at the time You create or last modify the recurring payment. When a recurring payment is processed, it is automatically rescheduled by the system. Based upon Your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-Business Day, it is adjusted based upon the following criteria: (a) if the recurring payment’s “Pay Before” option is selected, the process date for the new occurrence of the payment is adjusted to the first Business Day prior to the calculated process date; (b) if the recurring payment’s “Pay After” option is selected, the process date for the new occurrence of the payment is adjusted to the first Business Day after the calculated process date. Note: If Your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last Business Day of that month is used as the calculated process date. 

To delete, modify, or cancel a recurring payment, the request must be received prior to 4:00 p.m. ET on the scheduled payment date. 

7. Limitations on Payments

(a) For consumer customers, the maximum per payment amount for the Online Bill Payment Service is $25,000. The maximum daily limit for the Online Bill Payment Service for all payments in total is $125,000, except for “pay a person” payments for which the maximum per payment limit is $5,000 and for which the maximum daily limit is $10,000 per day in total for all “pay a person” payments, and except for “pay by email” payments for which the maximum per payment limit is $2,500 and for which the maximum daily limit is $5,000 per day in total for all “pay by email” payments. The maximum monthly limit for the Online Bill Payment Service for all payments in total is $200,000. We may change these limits at any time without notice unless otherwise required by Applicable Law. (b) For business customers, the maximum per payment amount for the Online Bill Payment Service is $100,000. The maximum daily limit for the Online Bill Payment Service for all payments in total is $200,000. The maximum monthly limit for the Online Bill Payment Service for all payments in total is $500,000. We may change these limits at any time without notice unless otherwise required by Applicable Law. 

8. Timing, Editing or Canceling Payments

Payments requested before 4:00 p.m. ET on a Business Day will be processed on the same Business Day. Those initiated after that time on a Business Day, or those initiated on a non-Business Day, will be processed on the next Business Day. 

Changes to previously scheduled Recurring payments must be made before 4:00 p.m. ET on the Business Day it is scheduled to be initiated. If the transaction shows an (IN PROCESS) status, then the payment cannot be modified or deleted. Although You can enter payment information through the Online Bill Payment Service twenty-four (24) hours per day, seven (7) days per week, the Bank only initiates these payments on Business Days. Funds must be available in Your Account from which the payment will be made on the scheduled payment date. After funds are withdrawn from Your Account to make an electronic ACH payment, we make the payment by transferring funds electronically to the Payee. A one-time payment will be processed on the Business Day that You designate as the payment’s process date, provided the payment is submitted prior to 4:00 p.m. ET on that date. A one-time payment submitted at or after 4:00 p.m. ET on a Business Day, or on a non-Business Day, will be processed on the next Business Day. If You designate a non-Business Day as the payment’s process date, the payment will be processed on the first Business Day following the designated process date. 

9. Notifications

The system permits You to establish notifications for a variety of events. To learn more about this service, select View Alerts under My Account Information. Please note that some alerts cannot be disabled for security reasons. 

10. Canceling, Terminating or Requesting a Stop Payment on a Payment

You may cancel a pending payment prior to 4:00 p.m. ET on the day the payment is scheduled to be made. If we don’t receive Your instructions to cancel before that time, we may process the payment. A stop payment cannot be placed on an electronic ACH payment once issued. If the payment is a check drawn on Your Account, You may stop payment on the check until the check has been presented for payment by the Payee. Call our Call Center at 1-800-698-BANK (2265) to place a stop payment on a check issued from Your Account per Your instructions through the Online Bill Payment Service. The standard stop payment fee will be charged as outlined in the Common Features Fee Schedule. There is no fee for canceling a payment initiated through the Online Bill Payment Service so long as You cancel the scheduled payment before 4:00 p.m. ET on the day the payment is scheduled to be sent. In the event a payment is returned to us for any reason, You authorize us, in our sole and absolute discretion, to either research and correct the payment information or to void the payment and re-credit Your Account from which the payment was made. 

11. eBills

1. Generally. The eBills product is a feature of the Online Bill Payment Service that enables You to receive notification of bills electronically. Participating Payees establish their own notification of criteria for reviewing requests to receive electronic bills notification and have sole discretion to accept or decline Your request. The Bank does not participate in this decision, and the Bank shall have no liability to You or any other person or entity for any failure of a Payee to submit an eBill, for Your failure to pay a bill using eBill on time, or for Your inability to pay a bill using eBill on time due to any potential downtime of our service provider or our systems, or for any other matter having to do with Your use of the eBill feature. In addition, it is Your sole responsibility to ensure You have sufficient funds in Your Account from which You are paying a bill using the eBill feature, and if You do not, You may incur overdraft or insufficient funds fees, or Your bill might not get paid.
2. Additional Information About eBills. The eBill feature is for the presentment of electronic bills only and it is Your sole responsibility to contact Your Payees directly if You do not receive Your statements. In addition, if You elect to activate the eBill feature, You also agree to the following:

Information provided to the Payee – The eBill feature is unable to update or change Your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally, it is Your responsibility to maintain all Usernames and Passwords for all electronic Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill.

Activation - Upon activation of the eBill feature, the Online Bill Payment Service may notify the Payee of Your request to receive electronic billing information. The presentment of Your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of Your statement(s) is at the sole discretion of the Payee. While eBill feature is being activated, it is Your responsibility to keep Your Account(s) current. Each electronic Payee reserves the right to accept or deny Your request to receive electronic bills.

Notification - In addition to notification within the eBill feature of the Online Bill Payment Service, the eBill feature may send an e-mail notification to the e-mail address listed for Your Account from which the eBill is being paid. It is Your sole responsibility to ensure that this information is accurate. In the event You do not receive notification, it is Your responsibility to periodically logon to the eBill feature of the Online Bill Payment Service to check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are solely responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancelation of Your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The eBill feature of the Online Bill Payment Service will notify Your electronic Payee(s) as to Your cancelation, and it is Your sole responsibility to arrange an alternative form of bill delivery. The eBill feature of the Online Bill Payment Service may or may not present electronic bills that are already in process at the time of cancelation.

Non-Delivery of electronic bill(s) - You agree to hold the Bank harmless should the Payee fail to deliver Your electronic bills/statement(s) via the eBill feature. You are responsible for ensuring timely payment of all bills regardless of whether or not the eBill feature has timely presented the electronic bill to You. Copies of previously delivered electronic bills must be requested from the Payee directly.

Accuracy and dispute of electronic bill - The eBill feature does not check for accuracy of electronic bills submitted by Your Payees, and the Bank is not responsible for the accuracy of Your electronic bills. The eBill feature only presents the information received from the Payee. Any discrepancies or disputes regarding the accuracy of Your electronic bill(s) must be addressed with the Payee directly. 

Liability - This BPPPA does not alter Your liability or obligations that currently exist between You and Your Payees.

12. Authorization

Upon scheduling a payment using the Online Bill Payment Service, You expressly authorize us and/or our service provider to withdraw the payment amount from Your Account from which the payment is to be made and remit those funds on Your behalf to the Payee that You have selected and to debit that Account for applicable fees, if any. Further, You authorize us to credit Your Account for any payment returned from or undeliverable to a Payee. You certify that You are authorized to make payments and incur debits on the Account used. We reserve the right to suspend or discontinue the Online Bill Payment Service while an overdraft exists in Your Account or if we suspect fraud or other misuse of the system. You authorize us and/or our service provider to contact Your Payees to request appropriate adjustments consistent with Your payment instructions and/or as pertaining to the Your Responsibilities sections above, and/or to stop payment on any payment issued against Your Account or other issues incurred in connection with the Online Bill Payment Service. 

13. Termination of Service

You may terminate the Online Bill Payment Service at any time by: (1) written notice to us at Beacon Bank & Trust, Attn: Electronic Banking Department, P.O. Box 1308 Pittsfield, MA 01202-1308; (2) messaging us through the secure messaging feature of our Online Banking system; or (3) calling our Call Center at 1-800-698-BANK (2265). The Bank may terminate Your access to the Online Bill Payment Service at any time in the event that You violate this Agreement, including the BPPPA, we suspect fraud with Your Online Bill Payment Service or any of Your Account(s), inactivity with Your Online Bill Payment Service, or any other lawful reason. Neither we, nor our service provider are responsible for terminating any one-time payment or recurring payment processed prior to receiving Your notice requesting termination of the Online Bill Payment Service and having a reasonable opportunity to act on that notice. Once the service is terminated, Your scheduled one-time and recurring payments will be terminated so long as we have had a reasonable opportunity to act on Your notice of termination of the Online Bill Payment Service if it has been terminated at Your request. 

PART 9 – EXTERNAL FUNDS TRANSFER AGREEMENT

1. External Transfers to/from Your Accounts

Within the Service You may sign up for the option of transferring funds between Your linked deposit Accounts and certain deposit accounts at other financial institutions (International transfers are not supported). You will need to set up and verify each of Your non-Beacon Bank accounts that You wish to use for these transfers. You agree that You will only attempt to set up and verify non-Beacon Bank accounts for which You have the authority to transfer funds. You understand and agree that at all times your relationship with each external account provider is independent of the Bank and your use of the Service. The Bank will not be responsible for any acts or omissions by the financial institution or other provider of any external account, including without limitation any modification, interruption or discontinuance of any external account by such provider. Additionally, all external transfers are also subject to the rules and regulations governing the relevant external accounts. You agree not to effect any external transfers from or to an external account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of regulations of the Office of Foreign Asset Control (“OFAC”) of the United States Treasury Department.

2. Processing of External Transfers

External transfers are processed after 5:00 P.M. ET on the date they are scheduled. However, sufficient funds need to be available in your Account from which the external transfer is being made at the time for which the external transfer is scheduled. If You transfer funds into Your Account from an external account, the funds are credited to Your Account on the next Business Day but may not be available for use until we receive the funds from the other financial institution. This may take up to two (2) Business Days and up to five (5) business days for Accounts opened within the past thirty (30) days.

• External transfers (incoming or outgoing) can be initiated on either a one-time or a recurring basis. The recurring external transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfer from an account You own at another financial institution to Your Beacon Bank checking Account that occurs every 2 weeks. All incoming external scheduled transfer funds will become available in accordance with the Bank’s Funds Availability Policy which is part of: (a) if You are a business customer the Business Account Terms & Conditions as amended from time to time; and (b) if You are a consumer customer, the Consumer Account Terms & Conditions as amended from time to time.
• One-time future-dated or recurring external transfers (incoming and outgoing) scheduled for a weekend, or a non-Business Day will be processed on the next Business Day.
• Future-dated and recurring external transfers (incoming and outgoing) can be cancelled up until the Business Day the external transfer is scheduled to be made. However, if the external transfer's status is In Process or Processed, You can no longer cancel it.

External Transfers are subject to the following fees:

• Incoming external transfers – no fee
• Outgoing external transfers - $3.00

We reserve the right to charge additional fees at a later time and will notify You if we do so as required by law.

External Transfers are subject to the following standard limits*:

• Incoming/Outgoing transfers per Business Day - $10,000.00
• Incoming/Outgoing transfers per month - $10,000.00 
  * Your limits may vary based on Your Account relationship.

New Customer (1 to 30 days) Limits:

• Incoming/Outgoing transfers per Business Day - $5,000.00
• Incoming/Outgoing transfers per month - $5,000.00

The above limits apply to the total of all external transfers for all Accounts on which you are an owner, whether solely or jointly with others. Any external transfer initiated on a day that is not a Business Day counts toward the applicable limit for the next Business Day.

We may change Your limits at any time. Any decrease will be subject to notice, as required by law, but You agree that we may reduce Your limits stated above without prior notice upon occurrence of a Disqualifying Event as defined below.

3. Disqualifying Events

You agree we may cancel any external transfer, without prior notice, upon the occurrence of a Disqualifying Event as defined below:

"Disqualifying Event" is defined as:

-You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to the Account to/from which you are attempting to make an external transfer at the time you are attempting to make the external transfer.

-Any of Your deposit Accounts are not in good standing, which may include but is not limited to having a negative balance, being charged off, or having a freeze placed by the Bank.

-The Bank reasonably believes you are not an owner of the account at the external financial institution to/from which you are attempting to make an external transfer.

4. Your Responsibility for Errors

You understand that the Bank must rely on the information provided by you and you authorize the Bank to act on any instruction which has been or reasonably appears to have been sent by you, to submit external transfer instructions on your behalf. You understand that financial institutions receiving the transfer instructions may rely on such information. The Bank is not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide the Bank with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, the Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

5. Settlement of External Transfer Funds

If External Transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that the Bank has no responsibility to investigate discrepancies between names and numbers.

If You instruct Beacon Bank to debit or credit an account at a financial institution that does not participate in an ACH association, Beacon Bank may reject such instruction and use reasonable efforts to notify You of such rejection.

6. Stopping Payment of External Transfers

Any documentation provided to You which indicates that an electronic fund transfer was made will be admissible as evidence of the transfer and will constitute prima facie proof that the transfer was made. 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 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.

7. Availability of Service

We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

8. Indemnification

In addition to the indemnification and liability provisions contained elsewhere in this Agreement, the following provisions apply. You agree to indemnify, defend, and hold the Bank and its affiliates and each of their respective officers, directors, employees, agents, representatives, and contractors (“Bank Indemnitees”) harmless from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees and costs) arising from damages that result from misuse of the Service, including external transfers. You will be liable for, hold harmless, and will indemnify the Bank Indemnitees from and against all claims of any sort by third parties or others arising out of Part 9 – External Funds Transfer Agreement, including all losses and expenses incurred by any Bank Indemnitees arising out of your failure to report required changes, transmission of incorrect data to the Bank, or failure to maintain compliance with all laws, regulations and rules. Except for those losses caused directly by the Bank’s gross negligence or failure to act in good faith and to the extent allowed by Applicable Law, you agree to indemnify and hold the Bank Indemnitees harmless from and against any and all losses, costs, suits, damages, claims, liabilities and expenses (including reasonable attorneys’ fees and costs) arising from or related in any way to (i) any services performed in connection with this Part 9 – External Funds Transfer Agreement, (ii) the Bank’s action or inaction in accordance with or reliance upon any instructions or information received from you or reasonably believed by the Bank to be you, (iii) your breach of any of your covenants, agreements, responsibilities, representations, or warranties under this Part 9 – External Funds Transfer Agreement and/or this Agreement, and/or (iv) your breach of Applicable Laws, rules or regulations.

PART 10 – FRIEND TO FRIEND TRANSFERS TERMS

1. New Customers

If You are a new customer and have not previously had an open deposit Account or online banking relationship with Beacon Bank, You will not have access to Friend-to-Friend transfers for the first 30 days from when You first became a customer.

2. Processing of Friend to Friend Transfers

Friend to Friend (“F2F”) transfers may be made from Your Beacon Bank deposit Account to the deposit account of another Beacon Bank online banking customer. From the Transfers menu, select Friend to Friend. You will need the full name and account number of the recipient. The system will verify if the recipient is an online banking user. If You initiate a F2F transfer before 11:00 P.M. ET on a Business Day using the Service, we will consider that day to be the day of Your transfer. However, if You make a F2F transfer at or after 11:00 P.M. ET on a Business Day or on a day we are not open, we may consider that the transfer to have been made on the next Business Day. There is no charge for this service. Transfers are made in real time and cannot be stopped or reversed.

PART 11 – ZELLE NETWORK^® STANDARD TERMS AGREEMENT – CONSUMERS ONLY

If You are a new customer and have not previously had an open deposit account or online banking relationship with Beacon Bank, You will not have access to Zelle^® for the first 30 days from when you first became a customer.

This Zelle^® Network Standard Terms Agreement (this “ZNSTA”) is made between You and Beacon Bank and governs Your of use of the Zelle^® Service (defined below), and any transactions You may initiate with and/or request from us through the Zelle^® Service. By accepting this ZNSTA, You agree to be bound by the terms and conditions pertaining to the Zelle^® Service.

This ZNSTA supplements the terms of the other agreements You have entered into with us, including, but not limited to this Agreement of which the ZNSTA is a part, as well as our Funds Availability Policy, Privacy Notice, Overdraft Line of Credit Agreement, and Consumer Account Terms & Conditions, as applicable, and related fee schedules and disclosures that govern the terms, conditions, and fees of Your deposit Account(s), each as may be amended from time to time (such account agreements, fee schedules and related disclosures being referred to individually as an “Account Agreement”, and collectively as “Account Agreements”). The terms and conditions of Your Account Agreements are incorporated by reference and made a part of this ZNSTA. In the event of a conflict between the terms of this ZNSTA and any Account Agreements the terms of this ZNSTA shall control with regard to the Zelle^® Service described in this ZNSTA. Any terms used but not defined in this ZNSTA shall have the meaning ascribed to them in the Account Agreements. 

The Zelle^® Service allows You to perform banking functions relative to Your accounts that are linked to the Zelle^® Service through the use of a personal computer or Internet-enabled Mobile Device. You agree to be bound by the terms and conditions pertaining to Online Banking and the specific terms and conditions applicable to any other associated services, including Online Bill Payment Service, Mobile Banking Service and Mobile Check Deposit Service, that You use as set out below.

Your use of the Zelle^® Service shall be considered the same as Your authorized written signature constituting Your binding agreement to all of the terms, conditions, and notices contained or referenced in this ZNSTA. The Bank, in its sole discretion, may restrict or deny Your access to the Zelle^® Service until the Bank has determined that You have accepted the applicable documentation and otherwise provided appropriate information and specifications for the use of the Zelle^® Service, and until the Bank has had a reasonable opportunity to receive and review the acceptance of this ZNSTA and activate the Zelle^® Service. In any event, You agree that Your use of the Zelle^® Service shall, without any further action or execution or acceptance of any documentation, constitutes Your acceptance of and agreement to the Bank’s terms and conditions for the use of the Zelle^® Service as may be in effect as of the time of such usage, whether set forth in this ZNSTA or otherwise prescribed by the Bank. In order to activate the Zelle^® Service, You must have at least one deposit Account linked to the Zelle^® Service.

1. Description of Services

a. The Zelle Network^® (“Zelle^®”) is a convenient way to send and receive money with others You trust. Zelle^® enables You to send and receive money with customers who are enrolled with us or with another financial institution that partners with Zelle^® (each, a "User") using aliases, such as email addresses, mobile phone numbers, or other unique identifiers (the "Zelle^® Service"). We will refer to financial institutions that have partnered with Zelle^® as “Network Financial Institutions”.

b. Zelle^® provides no deposit account or other financial services. Zelle^® neither transfers nor moves money. You may not establish a financial account with Zelle^® of any kind. All money will be transferred by a Network Financial Institution.

c. THE ZELLE^® SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE^® SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When You enroll to use the Zelle^® Service, You agree to the terms and conditions of this ZNSTA. You represent that You have the authority to authorize debits and credits to the bank account(s) enrolled to be used with the Zelle^® Service.

You agree that You will not use the Zelle^® Service to send money to anyone to whom You are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and You agree that You will not use the Zelle^® Service to request money from anyone for any such payments. You agree that You will not authorize a third party to use the Zelle^® Service or share Your credentials with a third party to use the Zelle^® Service on Your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle^® and we reserve the right to terminate, suspend, or limit Your access to or use of the Zelle^® Service at any time and without prior notice, including for reasons involving Your use of the Zelle^® Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle^®, any Network Financial Institution, or the financial system to risk.

The Zelle^® Service is intended for personal, not business or commercial use. You agree that You will not use the Zelle^® Service to send or receive payments in connection with Your business or commercial enterprise. We reserve the right to decline Your enrollment if we believe that You are enrolling to use the Zelle^® Service with Your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate Your use of the Zelle^® Service if we believe that You are using the Zelle^® Service for business or commercial purposes, or for any unlawful purpose. 

Content Standards: You agree that You will not use the Zelle^® Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle^® Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages or constitutes conduct that would or could be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle^®, as determined by Zelle^® in its sole discretion; or (f) in Zelle^®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle^®, any Network Financial Institution, or any of our or their respective affiliates or customers to harm or liability of any nature.

Although neither we nor Zelle^® have any obligation to monitor any content, both we and Zelle^® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle^® may also monitor such content to detect and prevent fraudulent activity or violations of this Agreement or any applicable terms and conditions. You understand that by using the Zelle^® Service, You may be exposed to content that is offensive, indecent, or objectionable. We and Zelle^® are not responsible for, and assume no liability, for any content, including any loss or damage to or any infringement of any of Your content. We and Zelle^® make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Zelle^® Service.

The Zelle^® Service may include functionality for You to use a unique alpha-numeric identifier to Your registered User profile to be used in lieu of Your mobile phone number or email address when sending, receiving, or requesting money, which will be Your Zelle^® tag. Each Zelle^® tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle^® tags You may use. Your Zelle^® tag must meet the Content Standards described above. You may not select a Zelle^® tag that misleads or deceives other Users of the Service as to Your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle^® tags, both we and Zelle^® have absolute discretion to remove a User Zelle^® tag at any time and for any reason without notice. We and Zelle^® may require You to change Your Zelle^® tag in our sole discretion, and we may elect to make a Zelle^® tag unavailable to You, without any liability to You. We and Zelle^® may also monitor User Zelle^® tags to detect and prevent fraudulent activity or violations of this ZNSTA or any applicable terms and conditions. You understand that by using the Zelle^® Service, You may be exposed to a Zelle^® tag that is offensive, indecent, or objectionable. We and Zelle^® are not responsible for, and assume no liability, for any User Zelle^® tags, including any loss, damage, misappropriation, or infringement caused thereby. We and Zelle^® make no representation or warranty that a User Zelle^® tag accurately identifies a particular User of the Zelle^® Service. We respect the intellectual property of others and expect that Users of the Zelle^® Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for Users who use or publish content on the Service that is subject to intellectual property rights claims, although we and Zelle^® take on no obligation to do so.

This ZNSTA is subject to change by us from time to time. We will provide You with advance notice of any changes to the terms of this ZNSTA when required to do so by Applicable Law. Your continued use of the Zelle^® Service after we provide You notice of changes will indicate Your acceptance of the revised ZNSTA. 

3. Consent to Use and Disclose Personal Information (Including Account Information)

You consent to our disclosure of Your personal information (including Account information) as necessary to complete payment transactions in connection with the Zelle^® Service and in accordance with our Privacy Notice which is available at Beacon Bank Privacy Notice in accordance with our customary processes and procedures, which may include, without limitation, the following:

a. As necessary to resolve a problem related to a transfer or payment between You and another User;

b. To verify the existence of or anything having to do with Your bank account(s) that is(are) enrolled for use with the Zelle^® Service;

c. To comply with government agency or court orders;

d. To our affiliates, as permitted by in accordance with our Privacy Notice;

e. To verify Your identity for purposes of compliance with Applicable Laws, including without limitation the USA PATRIOT Act;

f. To comply with inquiries in connection with fraud prevention or any investigation;

g. For our general business purposes, including without limitation data analysis and audits; or

h. As otherwise permitted by the terms of our Privacy Notice.

Our Privacy Notice, which includes details about our information sharing practices and Your right to opt-out of certain information sharing, was provided to You when You opened Your Account. 

4. Privacy and Information Security

We make security and the protection of Your information a priority. You can access our Privacy Notice at Beacon Bank Privacy Notice which is incorporated into and made a part of this ZNSTA by this reference. 

5. Wireless Operator Data

We or Zelle^® may use information on file with Your wireless operator to further verify Your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Zelle^® Service. By using the Zelle^® Service, You authorize Your wireless carrier to use or disclose information about Your account and Your wireless device, if available, to us or Zelle^® or either of our service providers for the duration of Your business relationship, solely to help either of us identify You or Your wireless device and to prevent fraud.

6. Enrolling for the Service

a. You must provide us with an email address that You regularly use and intend to use regularly (i.e., no disposable email addresses) and/or a permanent U.S. mobile phone number that You intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Zelle^® Service with a landline phone number, toll-free number, Google Voice number, or Voice over Internet Protocol number.

b. Once enrolled, You may:

1. authorize a debit of Your Account to send money to another User either at Your initiation or at the request of that User; and
2.  receive money from another User either at that User’s initiation or at Your request, subject to the conditions of the Section below titled “Requesting Money”.

c. If at any time while You are enrolled, You do not send or receive money using the Service for a period of 18 consecutive months, we may contact You and/or take other steps to confirm that the U.S. mobile phone number or email address that You enrolled still belongs to You. If we are unable to confirm that You are the owner of the mobile phone number or email address, or we receive information that You are not the owner of the mobile number or email address, then You understand and agree that we may cancel Your enrollment and You will not be able to send or receive money with the Zelle^® Service until You enroll again.

d. Once enrolled, a Z logo will appear on Your profile for each U.S. mobile number and/or email address that You have enrolled with Zelle^®. The Z logo will be displayed to other Users to aid them in determining which of Your U.S mobile numbers or email addresses should be used to send money with Zelle^®. If a User sends You money using a different U.S. mobile number or email address that they may have for You (i.e., one that is not already enrolled with Zelle^®), You will receive a message with instructions on how to enroll it with Zelle^®.

e. If You enroll for the Zelle^® Service and select to use a Zelle^® tag, the mobile phone number associated with Your User profile will be used as the contact method for communication related to the Zelle^® Service and must meet the requirements described herein.

7. Consent to Emails and Automated Text Messages

By participating as a User, You represent that You are the owner of the email address, U.S. mobile phone number, Zelle^® tag, and other alias You enrolled, or that You have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle^® tag, and other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle^®, from other Users that are sending You money or requesting money from You, and from other Network Financial Institutions or their agents regarding the Zelle^® Service or related transfers between Network Financial Institutions and You. You agree that we may, Zelle^® may, or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number You enroll. You further acknowledge and agree:

a. You are responsible for any fees or other charges that Your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check Your mobile service agreement for details or applicable fees.

b. You will immediately notify us if any email address or mobile phone number You have enrolled or is used as a contact method for a Zelle^® tag is (i) surrendered by You, or (ii) changed by You.

c. In the case of any messages that You may send through either us or Zelle^® or that we may send or Zelle^® may send on Your behalf to an email address or mobile phone number, You represent that You have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle^® sends on Your behalf may include Your name.

d. We, Zelle^®, either of our agents, and Your wireless carrier are not liable for any delay or failure to deliver any message sent to or from us or Zelle^®, including messages that You may send through us or through Zelle^® or that we may send or Zelle^® may send on Your behalf.

e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 800-698-BANK (2265). You expressly consent to receipt of a text message to confirm Your “STOP” request.

f. Most major carriers are supported. Some restrictions may apply. Check with Your individual carrier to confirm availability. 

8. Receiving Money; Money Transfers by Network Financial Institutions

Once a User initiates a transfer of money to Your email address, mobile phone number, or Zelle^® tag enrolled with the Zelle^® Service, You have no ability to stop the transfer. By using the Zelle^® Service, You agree and authorize us to initiate credit entries to the bank account You have enrolled.

Most transfers of money to You from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect You, us, Zelle^®, the other Network Financial Institutions and other Zelle^® Users, we may need or Zelle® may need additional time to verify Your identity or the identity of the person sending the money. We or Zelle^® may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle^® delay or block a payment that You have initiated through a request for money, we will notify You in accordance with Your User preferences (e.g., email, push notification).

If you are receiving a payment from a business or government agency, Your payment will be delivered in accordance with both this ZNSTA and the procedures of the business or government agency that is sending You the payment.

We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to You.

9. Sending Money; Debits by Network Financial Institutions

You may send money to another User at Your initiation or in response to that User’s request for money. You understand that use of this Zelle^® Service by You shall at all times be subject to (i) this ZNSTA, and (ii) Your express authorization at the time of the transaction for us to initiate a debit entry to Your bank account. You understand that when You send the payment, You will have no ability to stop it. You may only cancel a payment if the person to whom You sent the money has not yet enrolled in the Zelle^® Service with the email address or U.S. mobile number to which You initiated the payment. If the person You sent money to has already enrolled with Zelle^®, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked, even if You stop payment through Your enrolled bank account. 

We therefore recommend that You use the Service to send money only to people You know and trust.

In most cases, when You are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect You, us, Zelle^®, the other Network Financial Institutions, and other Zelle^® Users, we may need additional time to verify Your identity or the identity of the person receiving the money. If You are sending money to someone who has not enrolled as a User with Zelle^®, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom You are sending money and who is not enrolling as a User may fail to enroll with Zelle^®, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed, or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle^® delay or block a payment that You have initiated, we will notify You in accordance with Your User preferences (e.g., email, push notification).

Neither we nor Zelle^® have control over the actions of other Users or other Network Financial Institutions that could delay or prevent Your money from being delivered to the intended User, and we and Zelle^® disclaim any and all liability from delays or preventions of Your money being delivered to the intended User.

10. Liability

Neither we nor Zelle^® shall have liability to You for any transfers of money, including without limitation, (i) any failure to complete a transaction in the correct amount, or (ii) any losses or damages related to Your use of the Service, whether resulting from delays in payments, denied or blocked payments, or otherwise. Neither we nor Zelle^® shall be liable for any typos or keystroke errors that You may make when using the Zelle^® Service.

THE ZELLE^® SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE^® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. WE AND ZELLE^® DO NOT OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE ZELLE^® SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). REIMBURSEMENT MAY BE AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.

11. Send Limits

Money transfers and/or debits by Network Financial Institutions made via the Zelle^® Service are subject to the limits described in this Section. Please be aware that a fee may be assessed based on the number of internet transfers (i.e., transfers made via computer or mobile device) from savings and Money Market Accounts processed in a calendar month (please see the Common Features Fee Schedule for additional information). Money transfers and/or debits by Network Financial Institutions made via the Zelle^® Service are subject to the following limit(s), which are subject to change at the Bank’s discretion:

a. Per Transaction $1,000.00

b. Daily $1,000.00

c. Monthly $10,000.00

12. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom You send payment requests may reject or ignore Your request. Neither we nor Zelle^® guarantee that You will receive money from other Users by sending a payment request, or that You will receive the amount that You request. Neither we nor Zelle^® accept responsibility or will have any liability to You if the other User rejects or ignores Your request or sends You an amount that is less than You request. If a User ignores Your request, we may decide or Zelle^® may decide, in our or Zelle^®’s discretion, that we or Zelle^® will or will not send a reminder or repeat request to that User.

By accepting this ZNSTA, You agree that You are not engaging in the business of debt collection by attempting to use the Zelle^® Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless the Bank, Zelle^®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that You send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle^®. Neither we nor Zelle^® assume responsibility or liability for the accuracy or legality of such requests and under no circumstances are acting or will be considered to be acting as a debt collector on Your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate Your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

13. Transaction Errors

If You have questions about Your Zelle^® transactions, You should first contact the sender (if You received the transfer) or recipient (if You sent the transfer) and attempt to resolve the issue. If You still have questions or suspect an error related to a Zelle^® transaction posted to Your deposit Account, contact our Customer Call Center at 800-698-BANK (2265) or write to: Beacon Bank P.O. Box 1308 Pittsfield, MA 01202-1308.

14. Your Liability for Unauthorized Transfers

You are responsible for all electronic funds transfers that are made using any username, password, Zelle^® tag, or other access code or authentication feature You use for the Zelle^® Service. If You permit other persons to use the Zelle^® Service or Your username, password, Zelle^® tag, or other access codes or authentication feature, You are responsible for any transactions they authorize. Please refer to our Regulation E Disclosure contained in our Consumer Account Terms & Conditions of Your Account, referenced in Section 1, above and incorporated herein by reference, and this Agreement.

You will be liable for unauthorized transactions using the Zelle^® Service to the extent allowed by applicable federal and state law, this ZNSTA, and any other agreement applicable to the specific bank product or service affected by the unauthorized transactions.

Contact us IMMEDIATELY if You believe that any username, password, Zelle^® tag, or other access code or authentication feature You use for the Services has been lost or stolen or used without Your permission. Telephoning us at 800-698-BANK (2265) is the best way of minimizing Your possible losses.

15. Liability for Failure to Complete Transfers

In using the Zelle^® Service, You are requesting that we attempt to make payments for You from Your Account(s) that are enrolled for use with the Zelle^® Service. If the payment instruction cannot be completed for any reason associated with Your bank account(s) that are enrolled for use with the Zelle^® Service (for example, there are insufficient funds in Your Account(s) that are enrolled for use with the Zelle^® Service, or the payment instruction would exceed the credit or overdraft protection limit of Your Account(s) that are enrolled for use with the Zelle^® Service, to cover the payment), the payment instruction may or may not be completed. In certain circumstances, we may advance funds to Your Account(s) that are enrolled for use with the Zelle^® Service to cover an electronic debit. We may also attempt to debit Your Account(s) that are enrolled for use with the Zelle^® Service a second time to complete the payment instruction. In some instances, You will receive a return notice from us. In each such case, You agree that:

a. You will reimburse us immediately upon demand of the amount of the payment instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft protection credits associated with, Your bank account(s) that are enrolled for use with the Zelle^® Service to allow the debit processing to be completed; and

b. We may charge You overdraft, retry, insufficient funds, and/or other fees in accordance with the terms of Your Account Agreements.

16. Fees

We reserve the right to charge a fee for the use of the Zelle^® Service and any additional services or features that we may introduce. You understand and agree that You are responsible for paying all fees associated with the use of the Zelle^® Service.

You will be solely responsible for any charges or fees assessed by Your internet service provider and/or mobile carrier that they may charge to connect with or otherwise use the Zelle^® Service.

17. Use of the Zelle^® Service

You agree to access the Zelle^® Service via the Service in compliance with this Agreement of which this ZNSTA is a part. Your ability to use the Zelle^® Service is contingent upon your prior or concurrent acceptance of other associated agreements such as this Agreement, including Part 9 – External Funds Transfer Agreement, as well as the Consumer Account Terms & Conditions as amended from time to time.

18. Cancellation of the Zelle^® Service

The Zelle^® Service remains in effect until it is terminated by You or the Bank. You may cancel the Zelle^® Service at any time by notifying us of Your intent to cancel by calling customer service at 800-698-BANK (2265), or You can unenroll within the Zelle^® settings. If You close Your Account(s) that are enrolled for use in connection with the Zelle^® Service any unprocessed payments will be canceled. Upon Your or our cancelation of the Zelle^® Service for any reason, You will have no further right or access to use the Zelle^® Service.

19. Right to Terminate Access

We reserve the right to terminate Your right to use the Zelle^® Service at any time and for any reason, including without limitation if we, in our sole judgment, believe You have engaged in conduct or activities that violate any of the terms of this Agreement, the Account Agreements, the rights of the Bank or any of our service providers associated with the Zelle^® Service, including Zelle^®, or any Network Financial Institutions, or if You provide us with false or misleading information or interfere with other Users or the administration of the Zelle^® Service.

20. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED IN THIS ZNSTA, NEITHER WE NOR ZELLE^® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE^® SERVICE. WE AND ZELLE^® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE ZELLE^® SERVICE AND YOUR AND ANY USER’S USE THEREOF. NEITHER WE NOR ZELLE^® WARRANT THAT THE ZELLE^® SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NEITHER WE NOR ZELLE^® MAKE ANY REPRESENTATION OR WARRANTY, EXPESS OR IMPLIED, TO YOU OR ANY USER AS TO ANY COMPUTER HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE ZELLE^® SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR OR ANY USER’S COMPUTER SYSTEMS OR RELATED EQUIPMENT, YOUR OR ANY USER’S SOFTWARE, YOUR OR ANY USER’S MOBILE DEVICE, OR YOUR OR ANY USER’S INTERNET SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK’S OR ZELLE^®’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU OR ANY USER USE. THE ZELLE^® SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ZELLE^® SERVICE IS AT YOUR SOLE RISK.

21. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED IN THIS ZNSTA, IN NO EVENT WILL WE, ZELLE^®, OR NETWORK FINANICAL INSTITUTIONS OR ANY OF OUR OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, STATUTORY, PUNITIVE, OR OTHER INDIRECT DAMAGES OR LOSS OF PROFIT, DATA, USE, BUSINESS, OR REVENUE ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE^® SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE^® SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO YOUR OR ANY USER’S USE OF THE ZELLE^® SERVICE, EVEN IF WE, ZELLE^®, OR ANY NETWORK FINANCIAL INSTITUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE^® SERVICE OR WITH THE TERMS OF THIS AGREEMENT, INCLUDING THIS ZNSTA, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE^® SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US, ZELLE^®, AND NETWORK FINANCIAL INSTITUTIONS AND ANY OF OUR OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS EMPLOYEES, REPRESENTATIVES, AND AGENTS IN THOSE STATES IS LIMITED TO THE GREATER OF (I) THE EXTENT PERMITTED BY APPLICABLE LAW, OR (II) ONE HUNDRED DOLLARS ($100.00), AND IN ALL CASES WARRANTIES ARE EXCLUDED AS PROVIDED IN SECTION 20 ABOVE.

THE BANK, ZELLE^®, AND ANY NETWORK FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR OR ANY USER’S COMPUTER HARDWARE OR SOFTWARE OR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY COMPUTER OR MOBILE DEVICE SOFTWARE OR HARDWARE, FOR INTERNET DELIVERED SERVICES SUPPLIED BY THE BANK, ZELLE^®, OR ANY NETWORK FINANCIAL INSTITUTION TO YOU OR ANY USER IN CONNECTION WITH THIS AGREEMENT OR THE ZELLE^® SERVICE, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU OR ANY USER TO THE BANK, ZELLE^®, OR ANY NETWORK FINANCIAL INSTITUTION, OR FROM THE BANK, ZELLE^®, OR ANY NETWORK FINACIAL INSTITUTION TO YOU OR ANY USER. THE BANK, ZELLE^®, AND ANY NETWORK FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE FOR NOTIFYING YOU OF ANY UPGRADES OR ENHANCEMENTS TO ANY OF YOUR COMPUTER HARDWARE OR SOFTWARE.

YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED OR USED IN A MANNER THAT YOU DID NOT AUTHORIZE. THE BANK, ZELLE^®, AND ANY NETWORK FINANCIAL INSTITUTION SHALL HAVE NO LIABILITY IN THIS REGARD.

22. Indemnification

You acknowledge and agree that You are personally responsible for Your conduct while using the Zelle^® Service, and except as otherwise provided in this ZNSTA, You agree to indemnify, defend and hold harmless us, Zelle^®, and Network Financial Institutions, and our and their respective owners, directors, officers, employees, representatives, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and costs, resulting from or arising out of Your use, misuse, errors, or inability to use the Zelle^® Service, or any violation by You of the terms of this Agreement, including this ZNSTA.

23. Trademarks

Zelle^® and the Zelle^® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

PART 12 – GENERAL

1. Governing Law and Venue

The laws, rules, and regulations that govern (a) if You are a business customer, the Business Account Terms & Conditions as amended from time to time, and (b) if You are a consumer customer, the Consumer Account Terms & Conditions as amended from time to time, which provisions are incorporated into this Agreement as if fully set forth here, govern this Agreement, including with respect to the Service and other services covered by this Agreement such as without limitation the Online Bill Payment Service, the Zelle^® Service, and external funds transfers. 

2. Notices

When You send us a notice it is effective only upon receipt by us. Notices must be sent to us in writing to Beacon Bank, Attn: Electronic Banking, PO Box 1308, Pittsfield, MA 01202-1308. You agree and authorize us to send You any notice or communication pursuant to the Service, including any related services offered via the Service such as without limitation the Online Bill Payment Service, the Zelle^® Service, and external funds transfers or this Agreement, including its subparts such as without limitation the BPPPA and the ZNSTA, to Your mailing address or Your e-mail address as it appears on our records or electronically by posting the notice within the Service or any other services offered within the Service such as without limitation the Online Bill Payment Service or the Zelle^® Service, on an Account Statement, or via facsimile and that such notice or communication will be effective and deemed delivered when provided to You in such a manner. You agree that we may consider notices given to any owner of an Account as given to all Account owners of that Account. You agree to notify us promptly as to any change in Your mailing address or email address and acknowledge and agree that such changes will not be effective until we have had a reasonable opportunity to act on the notice. 

3. Force Majeure

The Bank, its contractors and service providers, including Zelle^®, as well as and any Network Financial Institution as defined in the ZNSTA, shall not be responsible for any liability, loss, or damage resulting from the any of their failures to provide the Service, including services offered via the Service such as without limitation the Online Bill Payment Service, the Zelle^® Service, and external funds transfers, or to perform any other obligations under or in connection with this Agreement, including without limitation the ZNSTA, the BPPPA, and the External Funds Transfer Agreement, which is caused by an act of God, fire, floods, adverse weather or atmospheric conditions or other catastrophes; war, sabotage, riots, acts of public enemy, or acts of governmental authority or the Board of Governors of the Federal Reserve; labor difficulties; equipment or computer failure or destruction or the unavailability, interruption, or malfunction of communications facilities or utilities; disease, epidemics, or pandemics; delays or failure to act by You or third parties and their personnel; criminal acts; or generally any cause reasonably beyond the control of the Bank or any of its contractors or service providers, including Zelle^®, as well as and any Network Financial Institution as defined in the ZNSTA, as applicable.

4. Documentation

The parties acknowledge and agree that all documents evidencing, relating to, or arising out of the parties’ relationship may be scanned or otherwise imaged and electronically stored and those originals (including those manually signed) may be destroyed. The parties agree to treat such imaged documents as original documents and further agree that such reproductions and copies may be used and introduced as evidence at any legal proceedings relating to this Agreement.

5. Entire Agreement; Integration

The parties agree that this Agreement and any amendments hereto, and any and all documents incorporated by reference, represent the entire agreement between the parties with respect to the Service, including any other services covered by this Agreement such as without limitation the Online Bill Payment Service, the Zelle^® Service, and external funds transfers, and that they supersede any prior oral or written understandings between the You and us relating to the Service and all other services covered by this Agreement such as without limitation the Online Bill Payment Service, the Zelle^® Service, and external funds transfers. 

6. Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable as written, that provision shall be interpreted so as to achieve, to the extent permitted by Applicable Law, the purposes intended by the original provision, and the remaining provisions of this Agreement shall remain in full force and effect. If any portion of Applicable Law that we are subject to invalidates or modifies a portion of this Agreement, then this Agreement or that portion shall be deemed to be amended to the extent necessary to comply with Applicable Law and we and any of our contractors or service providers, including Zelle^®, as well as and any Network Financial Institution as defined in the ZNSTA, will incur no liability to You or any User (as defined in the ZNSTA), Admin, or Sub-User as a result of our compliance with such Applicable Law.

7. Assignment and Delegation

You cannot transfer or assign any rights or obligations under this Agreement without the Bank's written consent. The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.

8. Successors

This Agreement shall be binding upon and inure to the benefit of the parties and the Bank’s successors and assigns, as well as to Your permitted successors assigns.

9. Non-Waiver

No waiver by the Bank or our contractors or service providers, including Zelle^®, (whether or not in writing) of any term, condition, or obligation of You under this Agreement shall bind the Bank to waive the same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation of this Agreement be affected by such a waiver.

10. Beneficiaries

This Agreement is for the benefit of You and is not intended to and shall not be construed as granting rights to or otherwise benefit any other person.

11. Recording of Communications

Except as otherwise required by Applicable Law, the parties agree that telephone conversations or data transmissions between them made in connection with this Agreement may be recorded and retained by the Bank by use of any reasonable means.

12. Relationship

You and we are independent contractors of each other and are not licensors, partners, joint ventures or agents of each other as a result of this Agreement.

13. Headings and Captions; Interpretation

The headings and captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain, or modify this Agreement or its interpretation, construction, or meaning.

14. Availability

Subject to the terms of this Agreement, the Service, including other services covered by this Agreement such as without limitation the Online Bill Payment Service, the Zelle^® Service, and external funds transfers, is generally intended to be available 24 hours a day, seven days a week, with the exception of outages for maintenance and circumstances beyond the control of us or any of our contractors or service providers, including Zelle^®, as well as and any Network Financial Institutions as defined in the ZNSTA. Live customer service by us generally will be available Monday through Saturday, excluding federal holidays at 800-698-BANK (2265).

15. Security

We are committed to protecting Your personal, business, and financial information. The Service utilizes Secure Sockets Layer (SSL) technology to support the secure transmission of personal and account information over the internet. SSL technology encodes information sent over the internet between Your computer and Beacon Bank’s systems. Although no internet-based technology can be 100% secure, the use of SSL technology and 128-bit encryption helps ensure that information transmitted remains confidential. In addition to SSL technology, we have implemented the following security procedures:

• The Service will automatically log You off if prolonged periods of inactivity occur.
• Your login to the Service will be locked after ten (10) consecutive invalid Password attempts.
• Account alerts and Service alerts to notify You of activity on Your Account.
• If You log in from an unregistered computer, You will be prompted with out of band authentication using email or SMS messaging to an existing telephone number and/or email address already on record with Beacon Bank. 

The use of SSL requires that You access the Service with an SSL-compatible browser. We support the latest version of Microsoft Edge, Firefox, Internet Explorer, Apple Safari, and Google Chrome. 

16. Passwords

Your Account information is available to You with the use of a Username and a Password (login credentials) of Your choice. It is Your responsibility to safeguard Your Account information by protecting Your login credentials. Keep Your login credentials confidential and do not provide them to anyone else. If You give Your login credentials to anyone, You will, unless otherwise dictated by Applicable Law, be responsible for any loss that stems from that disclosure. You may change Your login credentials at any time. We recommend that You change Your login credentials at least once every ninety (90) days. Beacon Bank recommends that Your login credentials not be similar to other personal information (such as Your birthday or the birthdays of family members, Your address, Your pet’s name, or like information that could be easily guessed by others), be a commonly used password, or be entirely numeric. It must contain at least eight (8) characters and cannot be entirely numeric, and we recommend using a combination of upper- and lower-case letters and including in your Password numbers and special characters like ! $ % & #.

17. Virus Protection

You agree that we are not responsible and that Your are solely responsible for any virus, malware, or other malicious code that You may encounter using the Service. We encourage You to routinely scan Your computer and media using any reliable virus and malware protection product to detect and remove any viruses, malware, and other malicious code. Undetected or unrepaired, a virus, malware, or other malicious code may corrupt and destroy Your programs, software, files, hardware, and potentially even compromise your Username and/or Password. 

18. Customer Service Information

For questions concerning Your Account(s) or the Service, contact:

BEACON BANK & TRUST
ATTN: Customer Call Center 
P.O. BOX 1308 
PITTSFIELD, MA 01202-1308 
Business Hours: Monday through Saturday 8:00 A.M. - 6:00 P.M. ET 
Excluding Federal Holidays 

OR Phone: 800-698-BANK (2265)

OR Send a secure message via the Service

19. Dispute Resolution

All disputes regarding this Agreement and the Service will be handled and governed by the provisions regarding dispute resolution as set forth in: (a) if You are a business customer, the Business Account Terms & Conditions as amended from time to time; and (b) if You are a consumer customer, the Consumer Account Terms & Conditions as amended from time to time, which provisions are incorporated into this Agreement as if fully set forth here.

20. No Unlawful or Prohibited Use

As a condition of using the Service, you represent and warrant to the Bank that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any Applicable Law. You further represent and warrant that You will not use the Service in any manner that could damage, disable, overburden, or impair the Service or any of the Bank’s systems or in a manner that could interfere with any other party's use and enjoyment of the Service. You may not use the Service to obtain any materials or information for which it was not intended or for any use that is not legal or in compliance with Applicable Law. You agree that these representations and warranties will remain in full force and effect even if this Agreement terminates for any reason.

21. Survival

Any provisions of this Agreement which expressly state that they survive expiration or termination of this Agreement, as well as any provisions of this Agreement which by their nature are intended to survive expiration or termination of this Agreement, will survive.

Beacon Bank is a full-service financial institution with branches in MA, CT, VT, NY, and RI.