Mobile & Online Banking User Agreement

Tri Counties Bank Mobile & Online Banking User Agreement

This Agreement sets forth the terms and conditions under which Tri Counties Bank will provide electronic access to your accounts through the Bank’s Mobile & Online Banking service (“Service”). By using the Service, whether accessed by computer or mobile device, you accept all the terms and conditions of this Agreement, and as they may be periodically revised. Please read it carefully. This Agreement is in addition to other agreements between Tri Counties Bank and you, including but not limited to the Consumer Deposit Account Agreement and Disclosures, and as those may be periodically revised. We recommend that you print or store a copy of this Agreement for your records. You may also review this Agreement on our website at www.TriCountiesBank.com.

Definitions - As used in this Agreement, the words "we", "our", "us", “Bank” mean Tri Counties Bank. “You" and "your" refer to the accountholder authorized to use the Service and anyone else authorized by the accountholder to have access to the Service. "Account" or "Accounts" means your account(s) at Tri Counties Bank. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your internal Tri Counties Bank accounts, transfers to external accounts you have at other financial institutions, as well as Bill Pay. "Mobile & Online Banking services" or the “Service” means the services provided pursuant to this Agreement, including Bill Payment Service, External Transfers Service, Debit Card Manager and Mobile Deposit. "Business days" means Monday through Friday. Federal holidays are not included. Additional definitions applicable only to Mobile Deposit are set forth below.

Access – To use the Service, you must have at least one eligible account, Internet access, and a phone number or email address. Your browser must have encryption capabilities that meet current acceptable industry security standards. Your browser can be used on a desktop computer, laptop, tablet and/or mobile device. You can enroll at www.TriCountiesBank.com, through our Mobile App, or by visiting a branch or calling Customer Service. Mobile & Online Banking can be used to access only the accounts on which you are an authorized signer. Transactions made within Mobile & Online Banking will be treated as authorized. We do not monitor transactions through Mobile & Online Banking (other than verification of login credentials) to determine that they are made on your behalf. Take care to keep your login credentials secret.

Eligible Accounts – The Service provides access to checking, money market, savings, and time deposits. In some cases, we may allow loans to be linked, in which case you agree that your loan agreement, note or other document is modified to the extent necessary to allow the transfers or other Services that may be utilized. We may process transactions from loan Accounts without regard to access limitations in any loan documentation or agreements. No online transactional activity is allowed on certificates of deposit, which are view only. Accessibility to Accounts may vary based on the Service(s) you use.

Mobile & Online Banking – You can use the Service to check the balance of your accounts, view account histories, transfer funds between your accounts, order checks, make stop payment requests, view checks, and pay bills from your accounts (Bill Pay terms and conditions can be found in the Bill Pay section of the Bank’s website at www.TriCountiesBank.com). Other functions may also be available.
Account balance and activity information is real time. Mobile banking allows you to use a mobile device to access the Service, e.g., a smart phone or tablet that has text messaging capabilities and Internet access. We will provide access to an app for Android, iOS and iPadOS devices.

Your wireless provider’s standard rates apply to Internet access, including messaging rates that apply to SMS usage. We do not charge for content; however, downloadable content may incur additional charges from your wireless provider. Please contact your wireless provider for information about your Internet access and messaging plans. Your wireless provider may charge you for Internet access, message and/or charge limitations that are your responsibility. You agree that we may send messages through your wireless provider and that we may use the mobile phone number, email address or other delivery location we have in our records to contact you.

Your wireless provider and other service providers may also collect data from your mobile banking usage according to their policies. We are not responsible or liable for the acts or policies of such service providers. We will only use the information you provide to us from your mobile banking usage in connection with the Service, except that we reserve the right to disclose any information necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Our Mobile & Online Banking service, as well as the content and materials you may receive or access through your use of our service, are proprietary to us and our licensors, and are for your personal, noncommercial use only. You agree that if you are using the Service outside the United States, you are responsible for obtaining network access and are responsible for applicable fees and charges. You understand that you may not be able to access Mobile & Online Banking from certain countries and that the access can change at any time. You agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorney’s fees) arising from your use of mobile banking.

Hours of Access – The Service is available 24/7, although some functions may be occasionally unavailable due to scheduled maintenance. We will post advance notice of downtime whenever possible. We reserve the right to modify, suspend, or terminate access to Mobile & Online Banking at any time and for any reason without notice. We will terminate access to Mobile & Online Banking after 180-days of inactivity unless you have scheduled transfers or bill payments pending.

Your Username and Password – For security purposes, you are required to select a unique username and password during your initial login to Mobile or Online Banking (“login credentials”). You determine what password you will use, although it must meet certain minimum security standards. We cannot recover a lost or forgotten password. We can only reset your password to allow you to select a new one. You accept responsibility for the confidentiality and security of your login credentials and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to the Service will be suspended. To re-establish your authorization to use the Service, you must contact us in-person or by phone to have your password reset and obtain a new temporary password. Neither Tri Counties Bank nor any of its service providers will ever ask you for your password and you should never give it to anyone else.

For security purposes, we require that you create a password that meets minimum security requirements, including the use of upper- and lower-case alpha, numbers and special characters. Your password should not be associated with any commonly known personal identification, e.g., social security number, address, date of birth, or names of children, and should be memorized rather than written down. You agree that the use of passwords constitute a reasonable security procedure for the verification of the authenticity and accuracy of transactions initiated through the Service. You authorize Tri Counties Bank and our service providers to rely and act upon any transactions or inquiries initiated through Mobile or Online Banking using your login credentials and agree to be responsible for all transactions that processed using those credentials except as disclosed in the Bill Pay Terms and Conditions.

Security – You understand the importance of your role in preventing misuse of your Accounts through the Service and you agree to promptly examine the periodic statements for each of your Tri Counties Bank accounts as soon as they are made available (either by eStatements or mail). You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your Account(s). Your password and username, plus the One-Time Passcode sent to you by text or automated call and/or security questions presented as challenges when Mobile or Online Banking doesn`t recognize your login behavior as fitting your normal pattern, are intended to provide security against unauthorized entry and access to your accounts. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail (email), occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service will not be monitored or read by others.

You agree that we are not responsible for any electronic virus that you may encounter using the Service. We encourage you to routinely update your computer and mobile device operating systems, together with browser software and mobile apps, scan your computer using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

If you choose to request Mobile & Online Banking access for individuals using the Mobile & Online Banking feature called Family Banking, you agree to be solely responsible for the activities of those individuals according to the access entitlements you request for them. You are responsible for instructing these individuals on the importance of Security. You are responsible for any fees or charges incurred by these individuals in their use of the Service. To request Family Banking, please contact your local Branch or call us at 1-800-922-8742.

Fees and Charges – Currently, the Service is offered without charge, excepting certain features (e.g. stop payments, checking supplies). These fees are set forth in our Consumer Fee Schedule, which is available within Mobile & Online Banking, and listed under the Help function. You agree that all such fees and charges will be deducted from the Tri Counties Bank checking account designated as the "Primary Checking Account". If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for your mobile phone and Internet service fees you incur in connection with your use of the Service. We recommend you review the agreement with your mobile phone carrier and internet service provider before enrolling in the Services.

Account Transfers – Transfers are subject to limitations in your Consumer Deposit Account Agreement and Disclosures. Tri Counties Bank reserves the right to refuse or cancel a transfer. We will notify you promptly if we decide to refuse or cancel any transfer. However, we are not obligated to provide notification of your transfer being refused or cancelled if you attempt to make transfers that are prohibited under this Agreement, any additional agreement affecting your terms of your account(s), or federal and state law. You will also be held responsible for any applicable fees charged in accordance with our Consumer Fee Schedule.

Internal Transfers – Internal Transfers are transfers between accounts at Tri Counties Bank on which you are an account owner or an authorized signer. Not all accounts may be eligible for Internal Transfers within Mobile & Online Banking. You may make one-time, recurring or future-dated Internal Transfers between eligible accounts. Internal transfers are processed in real-time as they are submitted. Funds for recurring and/or future-dated Internal Transfers should be in the account no later than midnight on the morning of the scheduled transfer to ensure the transfer can be completed.

External Transfers - External Transfers are transfers between a Tri Counties Bank account and an account at an external Financial Institution; you must be an account owner or an authorized signer on the external account and the Tri Counties Bank account in order to initiate an External Transfer. Not all accounts may be eligible for External Transfers within Mobile & Online Banking. External Transfers to or from another Financial Institution require us to validate your access to such external accounts through micro deposits or through a 3rd-party application. We reserve the right to impose a limit to the dollar amount of External Transfers and/or a limit to the total number of transfers that may be requested. We reserve the right to place a hold on any funds prior to debiting your funding account for the transfer amount. You are required to have sufficient funds available in the funding account of any transfer request(s) by the opening of the business day the transfer is to be processed. In the event that any External Transfer results in a deficiency to your account(s) with us, you authorize us to collect such deficiency from any other account(s) you have with us, or to collect same from the external account to which a debit or credit was posted. All other rights stated in the Consumer Deposit Account Agreement and Disclosures will also apply.

An External Transfer request submitted before the cutoff time will be deemed as received that day (“Transfer On date”). Any External Transfer requests submitted after designated cutoff time will be deemed as received the following Business Day (“Transfer On date”). External Transfers will post to your account, loan or line of credit no later than two business days after the “Transfer On” date, otherwise the transfer will be processed on the following Business Day and post not later than three (3) business days. For External Transfers, we reserve the right to wait a period of no more than three (3) business days after debiting your account prior to submitting a credit to the destination account of the transfer, and/or place a hold on a credit to the destination account of the transfer.

When you schedule any type of External Transfer or recurring External Transfer for a future date using the Service, it must be submitted at least one (1) calendar day prior to the desired processing date. All scheduled or recurring External Transfers for a future date will only be processed on Business Days. If the future date for processing is not a Business Day, the External Transfer will be processed on the following Business Day.

External transfers completed as ACH debits and credits are governed by the rules of the National Automated Clearing House Association (NACHA) to which you and we agree to be bound.

If your account has insufficient funds to perform any transfer(s) you have requested for a given business day, then:

1. We reserve the right to determine posting order of items presented for payment;
2. Electronic fund transfers which would result in an overdraft of your account may, at our discretion, be cancelled; and
3. In the event the electronic fund transfer which would result in an overdraft of your account is not cancelled, overdraft charges may be assessed pursuant to the terms of the Consumer Deposit Account Agreement and Disclosures.

Limits on Amounts and Frequency of Transfers - The number and amounts of transfers from your accounts may be limited by the terms of the Consumer Deposit Account Agreement and Disclosures. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the held portion of the funds until the hold expires.

Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:

(1) If, through no fault of ours, you do not have enough money in your account to make a transfer.

(2) If a legal order directs us to prohibit withdrawals from the account.

(3) If your account is closed, or if it has been frozen.

(4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.

(5) If you, or anyone authorized by you, commits fraud or violates any law or regulation.

(6) If any electronic terminal, telecommunication device, or any part of Mobile & Online Banking. electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.

(7) If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.

(8) If you have not properly followed the on-screen instructions for using Mobile & Online Banking.

(9) If circumstances beyond our control (such as fire, flood, interruption in telephone/internet service) prevent the transfer, despite our taking reasonable precautions.

Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your Mobile & Online Banking password or your mobile device has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). You assume full responsibility for the security and confidentiality of your username and password, mobile phone number and personal identification numbers used to access the Service.

Bill Payment Service – Refer to the applicable Terms and Conditions for Bill Payment services prior to enrollment for Bill Payment. You can review the Terms and Conditions for Bill Payment at any time by going to www.TriCountiesBank.com.

Stop-Payment Requests – Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop an electronic bill payment. You may be able to stop a bill payment paid by paper check by contacting us by telephone before the check has cleared. You will have to contact us by telephone to determine if the bill pay check has cleared, and if not, we will process your stop-payment request. You may also initiate stop- payment requests through the Service for paper checks you have written (non-electronically) on your Tri Counties Bank account(s). Stop-payment requests submitted through Mobile & Online Banking are processed in real-time as they are submitted. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the dollar amount, and the check date. If you make your stop-payment request via Mobile or Online Banking, or by telephone, we may also require you to put your request in writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in our Consumer Fee Schedule for the applicable account. Stop- payment charges are the same for both checks you write, and bill payment checks.

eStatements – You will not receive a separate Mobile & Online Banking statement. Transactions on your accounts using the Service will appear on the periodic account statements made available for your Tri Counties Bank accounts. You can use the Service to enroll in eStatements for your accounts. This is your authorization to us to stop delivering paper statements for the accounts you designate. You will be able to view and print your eStatements through the service. Use the Services menu option within Mobile & Online Banking to enroll in eStatements. You will be presented with a separate eStatement Agreement that outlines details of this service.

Debit Card Manager – Debit Card Manager service (“Debit Card Manager”) is designed to allow you to temporarily disable your Debit Card in the event it is misplaced, lost, or stolen, OR for other purposes, such as extended travel. Debit Card holders who are enrolled in Mobile & Online Banking are automatically enrolled in Debit Card Manager. Debit Card Manager may also send transaction alerts, authentication requests, or other communications via push notification, text message, or email. Access to Debit Card Manager is limited to Mobile & Online Banking. Debit Card Manager does not allow for the cancellation of authorized or pre-authorized Debit Card transactions. It is not intended as a method for stopping payment on authorized or pre-authorized transactions. All transactions for which there is a prior authorization will be paid by Tri Counties Bank. This applies to authorizations made in both card present and card not present situations, and in cases of pre-authorized recurring transactions. Pre-authorized recurring transactions must be stopped in accordance with the agreement made with the merchant involved in the pre-authorizations. The Card on File and Recurring Payment features are provided for informational purposes only and may not identify all businesses, individuals or entities that may have a card number on file and/or recurring payments. Recent Activity displayed in Debit Card Manager is based on the specific card selected, not a comprehensive list of all account transactions.

Lost or Stolen Card. Reporting a card lost or stolen within Debit Card Manager will disable the card, but is not intended to replace direct contact with the Bank. You are required to contact the Bank to report a card lost or stolen and/or to report unauthorized transactions.

Disabling Cards. Disabling a card within Debit Card Manager will NOT reorder a new card. You are required to contact the Bank to report a card lost or stolen and/or to report unauthorized transactions. Toggling a card “ON” or “OFF” within Debit Card Manager does not permanently disable a card. To permanently disable a card, you must contact the Bank. Upon deactivation of a card, it will automatically be removed from Debit Card Manager.

Unauthorized Transactions. Transactions cannot be disputed within Debit Card Manager. Any unauthorized transactions must be reported to the Bank in accordance with existing agreements. For additional information on unauthorized transactions, refer to the Consumer Debit Card Agreement and Disclosure.

Alerts, Controls & Travel Plans. Following your registration to receive Transaction Alerts sent to your mobile device, alerts  may be sent in real-time; however, the actual time between a transaction made with your Debit Card that triggers a Transaction Alert and the time you receive such Transaction Alert may be dependent on a number of factors including but not limited to the method the transaction is billed by the merchant, the time at which the transaction is processed by the merchant, how a merchant is classified by their card processor, the location of the merchant’s card processor, your wireless carrier’s service and coverage within the area in which you are physically located at that time, and other potential variables that may or may not be known by the Bank. Your receipt of Transaction Alerts may not be available in all areas.  Transaction Alerts are intended as “for your information” only and are not intended to identify transactions as fraudulent. Placing controls or alerts based on locations, regions, merchant types, transaction types or spending limits is not a guarantee to prevent transactions from clearing through your account and may be honored at the Bank’s discretion. Travel Plansestablished through Debit Card Manager are only valid for the time specified in Debit Card Manager, and only a limited number of Travel Plans can be established for each card. You will need to contact the Bank to accommodate longer periods of travel, or more comprehensive itineraries.

Eligibility. Debit Card Manager is only available to individuals who are: (i) of legal age of majority in their jurisdiction of residence (and at least 18 years of age); and (ii) own a Tri Counties Bank Debit Card that is in good standing and eligible for Debit Card Manager ("Card"). Note: Eligibility of a Card will be determined by us in our sole and absolute discretion. Our decisions with respect to your eligibility are final and binding. We reserve the right to terminate your participation in Debit Card Manager at any time or for any reason. The user must qualify for Mobile & Online Banking in order to use Debit Card Manager. The user must adhere to the terms and conditions of all existing agreements with Tri Counties Bank.

No Amendment of Existing Terms and Conditions For Cards. THE TRANSACTION ALERTS THAT ARE PROVIDED TO YOU THROUGH THIS SERVICE DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT.

Availability. Debit Card Manager may not be available for all Debit Card Types. You may need to consent to location services to access all the features of Debit Card Manager. While we will make every effort to decline transactions while your card is in a deactivated state, we cannot guarantee that all such transactions will be declined due to circumstances beyond our control. You acknowledge that the deactivation function is reliant on computer and/or telecommunication systems. Disruptions to these systems may result in the authorization of transactions, even when the card is in a deactivated state. Reactivation of cards may be unavailable during certain times of the day. We will attempt to notify you of these times. You are responsible for monitoring your account activity, whether electronically or by checking your statements. Use of Debit Card Manager does not override the user’s responsibility to report unauthorized transactions in a timely manner as described in the Deposit Account Agreement and Disclosures. We assume no responsibility for failure of Debit Card Manager to work in the expected manner, aside from the responsibilities put forth in said agreement.

Termination. We may terminate or suspend Debit Card Manager, or your use of Debit Card Manager, at any time or for any reason. Without limiting the foregoing, this Agreement may be terminated if you breach any term of the Agreement, if you use Debit Card Manager for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Deposit Account Agreement and Disclosures or any other Agreement with us. If you wish to no longer use Debit Card Manager, it is your responsibility to ensure all card controls and alerts are set to OFF.

Mobile Deposit – Mobile Deposit service (“Mobile Deposit”) enables you use your smart phone in conjunction with our mobile app to make check deposits into your account. We reserve the right to modify or terminate Mobile Deposit at any time, with or without notice to you.

(a) Definitions. The following definitions apply to Mobile Deposit:

(b) Limitations. We may impose limits on the dollar amount of each Mobile Deposit, including limits on the aggregate dollar amount of multiple deposits in one day. We may change any one or more of these limits at any time at our sole discretion, and without prior notice.

(c) Your Responsibilities. Your use of Mobile Deposit is subject to the following requirements: (1) Each Imaged Item must be transmitted in compliance with the terms and conditions of this Agreement; (2) You will not deposit a duplicate Imaged Item and you agree to indemnify and defend us against any and all claims related to the duplicate deposit of any Check; (3) You will not use Mobile Deposit to operate a “money services business” as defined in the Federal Bank Secrecy Act; (4) You will: (i) ensure that Imaged Items are properly endorsed, (ii) destroy Original Checks as required by this Agreement, and (iii) endorse Checks as follows “[your signature] For Mobile Deposit Only to Tri Counties Bank [account #]” before you photograph the Check (otherwise they may be returned); (5) You will notify us of any errors or Mobile Deposit discrepancies within 14 days of your receipt of the statement on which such error is disclosed and absent notice from you, such transactions will be deemed correct, and you will be precluded from asserting any error or discrepancy against us; (6) You shall ensure that: (i) only authorized persons shall have access to Original Checks, (ii) such Checks will not be duplicated or scanned (photographed) more than once; and (iii) Checks will not be re-deposited or renegotiated in any manner. You will promptly provide any retained Original Check (or copy) to us when requested to resolve claims by third parties with respect to any Item. You will secure Original Checks until you establish that they have been accurately posted  and then permanently destroy them so they may not be redeposited.

(d) Your Representations and Warranties. Without limiting any other provision of this Agreement, each time you submit an Original Check through Mobile Deposit, you represent and warrant that: (1) each Imaged Item is a complete and accurate representation of the front and back of a negotiable Check; (2) the Imaged Item is not prohibited or non-qualifying pursuant to this Agreement or applicable law; and (3) the Original Check used to create the image has not been previously deposited, duplicated, or used to create another image or electronic fund transfer.

(e) Prohibited Checks. We have no obligation to accept any Imaged Item which you attempt to submit for deposit through Mobile Deposit, in our sole discretion. You agree that you will only submit Checks for processing to us that meet the definition of “Item” as provided in these Mobile Deposit Terms and will ensure that the Items scanned meet the required standards for image quality. You agree that you will not photograph and attempt to deposit any of the following: (1) Any third-party Checks, or checks drawn on any deposit account of yours, or a deposit account of any business in which you are a principal, officer or authorized signer; (2) Checks payable to multiple persons or entities or a business, or a combination thereof; (3) Altered checks; (4) Fraudulent checks; (5) Previously deposited checks; (6) checks drawn on foreign banks.; (7) Checks not payable in U.S. dollars; (8) Checks that are postdated or more than six (6) months old or beyond any expiration date printed on the check; (9) Substitute checks (i.e., previously imaged item for which you only have the image); (10) Remotely created checks; (11) Unsigned or improperly signed checks; (12) Travelers checks.

(f) Processing. (1) We will process any returned Items in accordance with applicable law and your Consumer Deposit Account Agreement and Disclosures. Availability of credit from mobile deposits will be subject to our then current availability schedule, which may be amended by us from time to time; (2) Notwithstanding any provisional credit, Imaged Items processed through Mobile Deposit will be deemed received for deposit at the time the Imaged Items are actually received and accepted by us; (3) You agree to view the images of each scanned Item that is sent to us. If Item information received by us is not complete or cannot be processed by us for any reason, we may reject the Imaged Item (notwithstanding any transmission confirmation) and thereafter charge the amount back against any provisional credit to your Account. You will be responsible for verifying our receipt of your transmissions by verifying that deposits have been posted to your Account; (4) If an Imaged Item is not accepted for deposit, you may submit the Original Check to us at a Branch; and (5) Our processing of any Non- qualifying Items shall not constitute a waiver by us or obligate us to process such Non-qualifying Items in the future. You agree that we may discontinue processing of Non-qualifying Items at any time, without cause or prior notice.

(g) Receipt of Imaged Item. We are not responsible for Imaged Items we do not receive or that are dropped during transmission. An Imaged Item will be deemed received by us only when we provide an online confirmation receipt. When we confirm receipt, the Imaged Item will still be subject to review before we submit it for collection and may still be rejected for any reason in our sole discretion. If we reject an Imaged Item received through Mobile Deposit, then you may submit the Original Check to us through Branch deposit unless we instruct you otherwise, or you may want to contact the maker and have them reissue the Check.

(h) General Terms and Conditions.

Technical Requirements. You must meet the current technical requirements we specify, including regular updates to our Mobile App, as well as your mobile operating system software. We may change these technical requirements at any time without notice to you. Each Imaged Item you transmit using Mobile Deposit must be legible, as determined by us. If your mobile device produces Imaged Items of unacceptable quality, we may reject your deposit or terminate your access to the Mobile Deposit service. We are not responsible for problems arising out of your equipment or internet connection even if you are using equipment that meets our technical requirements.

Funds Availability. We generally apply the Funds Availability Schedule to Imaged Items received through Mobile Deposit as if we had received the Original Check. However, in addition to the rules in the Consumer Deposit Account Agreement and Disclosures, we may delay availability of funds from any deposit you make through the Mobile Deposit Service for additional periods, and at any time in our sole discretion.

Cutoff Hour. The cutoff time for Mobile Deposits is displayed within the Mobile Banking App when making a Mobile Deposit. The cutoff time can also be found at www.TriCountiesBank.com. Any items received after the designated cutoff time will be considered received the next business day.

Acceptable Use of the Mobile Deposit Service. The Mobile Deposit Service may be used only for personal, family and household services, and is not intended for business purposes.

Mobile Deposit Fees. There is no charge for Mobile Deposit, but other fees, such as for returned items (chargeback items), and overdrafts, may apply. Please refer to our Consumer Fee Schedule for a current listing of fees.

Security Interest; Held Funds. To secure all your obligations arising from Mobile Deposit, you grant to us a security interest in all your accounts with us, whether current or opened later, and all proceeds of same. Our security interest will survive after termination of the Mobile Deposit Terms. This security interest is supplemental to and not in lieu of the security interest granted by you to us under any other agreement including your Consumer Deposit Account Agreement and Disclosures. This security agreement allows us to recover any loss or shortfall by debiting any other account you have with us. We will give you notice of such action after the debit has been made. In addition, we may hold funds in any account following termination of your use of Mobile Deposit for such time as we reasonably determine that any Item processed by us prior to termination may be returned, charged back or otherwise a cause for any loss, liability, or cost.

Indemnification. Without limiting the other indemnification provisions set forth in this Agreement and your Consumer Deposit Account Agreement and Disclosures, you agree to indemnify, defend and hold us harmless from and against any and all claims, demands, damages, liabilities, expenses (including reasonable attorneys’ fees) or other loss that arises from or relates to your use of Mobile Deposit, including without limitation your attempt to deposit a duplicate check image and any liability that we may incur for processing an Imaged Item or Substitute Check rather than the Original Check.

Compliance with Law. You are responsible to meet all compliance requirements or obligations that we and/or you may have with respect to Mobile Deposit under all applicable U.S. federal and state laws, regulations.

Change in Terms – We may change any term of this Agreement at any time. If the change would result in increased fees for any Mobile or Online Banking service, increased liability for you, and except as provided in this Agreement fewer types or stricter limitations on the frequency or dollar amount of electronic fund transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our system. We will post any required notice of the change in terms within the Tri Counties Bank Mobile & Online Banking platform or send a notice to you via email. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective.
Your continued use of Mobile & Online Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the Consumer Deposit Account Agreement and Disclosures.

Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Mobile & Online Banking Services provided to you under this Agreement. We do not and cannot warrant that Mobile & Online Banking will operate without errors, or that any or all Mobile & Online Banking Services will be available and operational at all times. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABILE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO MOBILE & ONLINE BANKING, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF TRI COUNTIES BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH MOBILE & ONLINE BANKING.

Your Right to Terminate – You may cancel your Mobile & Online Banking service at any time by providing us with written notice by mail or by submitting a secure message through the Mobile & Online Banking service. Your access to Mobile & Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate – You agree that we can terminate or limit your access to Mobile & Online Banking Services for any of the following reasons: 1. Without prior notice, if you have insufficient funds in any one of your Tri Counties Bank accounts. Mobile & Online Banking service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon 3 business days’ notice if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account. 3. Upon reasonable notice, for any other reason in our sole discretion.

Communications between Tri Counties Bank and You – Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Secure message via Mobile & Online Banking. “Mobile” or "Online" messages sent to us through Secure Messages function are not reviewed by our personnel immediately after they are sent. If immediate attention is required, you must contact us by telephone or in person.
Telephone - You can call us at 1-800-922-8742
Mail - You can write to us at:

TRI COUNTIES BANK
Attn: Electronic Banking
63 Constitution Drive
Chico, CA 95973

In Person - You may visit us in person at any Tri Counties Bank Branch.
Visit www.TriCountiesBank.com for a complete list of our locations.

Consent to Electronic Delivery of Notices – You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice within the Tri Counties Bank Mobile & Online Banking platform or by email. You agree to notify us immediately of any change in your email address. This consent to electronic notices only applies to this Agreement. If after consent, you would like a paper copy of this Agreement, please call us and we will mail one to you at no charge. You may withdraw this consent by contacting us or closing your account.

Electronic Records and Signatures – You agree that we may charge your Account(s) without requiring your signature on an item. Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed authorized by you. All records maintained by us of transactions under your credentials shall be deemed to have been “signed” and to constitute an “original” when printed from our records maintained in the ordinary course of business.

Privacy and Confidentiality – All information gathered from you in connection with using the Service will be governed by the provisions of our consumer privacy policies, including our online privacy policy, which you agree to review by accessing them on our website, and to which you have agreed by utilizing the Services. In addition, we will disclose information to third parties about your account or the transfers you make: (a) Where it is necessary for completing transfers; (b) to verify the existence and condition of your account for a third-party, such as a credit bureau or merchant; (c) to comply with government agency or court orders; and/or (d) If you give us your permission.

Ownership of Software – You acknowledge that a third party provider to Tri Counties Bank ("Licensor") is the owner of all right, title and interest in and to the software used for access to Mobile & Online Banking Services from Tri Counties Bank and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

1. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software directly from its owner. All support must be received through Tri Counties Bank. This Agreement may be terminated at any time, for any reason or no reason.
    
2. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

Your Liability – Tell us IMMEDIATELY if you believe any part of your login credentials, including your password, has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses to a minimum. You could lose all the money in your account (plus your maximum overdraft line of credit, as applicable). If you tell us within two (2) business days after you learn of the loss or theft of any part of your login credentials, including your password, you can lose no more than $50 if someone used your credentials without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of any part of your login credentials, including your password, and we can prove that we could have stopped someone from using the login credentials without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us IMMEDIATELY. If you do not tell us within 60 days after the statement was mailed or first made available to you, you may not get back any funds you lost after the 60 days if we can prove that we could have stopped someone from taking those funds if you informed us in time. If a good reason (such as a long trip or a hospital stay), kept you from telling us, we will extend the time periods.

Errors and Questions - In case of errors or questions about your electronic transfers, call us at , 1-800- 922-8742 or write us at:

TRI COUNTIES BANK
Attn: Customer Service
P.O. Box 909
Chico, CA 95927

If you believe your statement is wrong or if you need more information about a transaction listed on the statement, please contact us right away. We must hear from you no later than sixty (60) days after we sent 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
• The dollar amount of the suspected error

If you tell us orally, we may require you to send us the complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate a complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of the documents that were used in the investigation.

Tri Counties Bank Mobile & Online Banking Agreement and Disclosure. 01/2024