Online Banking Access Agreement


This Online Banking Access Agreement for accessing your personal accounts via the Online Banking service of Mountain 1st Bank & Trust explains the terms and conditions which govern online account activity.

By using the online financial services provided by Mountain 1st Bank, you agree to abide by the terms and conditions of this agreement. This agreement will be governed by all applicable federal laws and regulations. In the event that no federal law applies, the agreement will be governed by laws and regulations effective in the State of North Carolina.

TERMS

The term “business day” refers to every day except Saturday, Sunday and Federal Banking Holidays..

“Service" refers to the online banking and bill payment service offered by Mountain 1st Bank & Trust (“Mountain 1st Bank,” “the bank”).

"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills or e-mail payments, as the case may be.

"Payment instruction" is the information provided by you to the service for a bill payment or e-mail payment to be made to the payee (such as, but not limited to, payee name, payee account number, and scheduled payment date).

"Payment account" is the checking account from which bill payments or e-mail payments will be debited.

“Billing account” is the checking account from which all service fees, if any are applicable, will be automatically debited.

"Scheduled payment date" is the day you select to send payment to your payee and is also the day your Payment Account will be debited, unless the scheduled payment date falls on a non-business day in which case it will be considered to be the following business day.

ACCESSING YOUR ACCOUNTS

In order to activate Online Banking, you must have at least one open account with Mountain 1st Bank.

As a customer of Mountain 1st Bank, you may access your accounts with the use of a User ID and password, and unless you choose to register the computer you use, also through the secure gateway of Multi-factor Authentication (a set of challenge questions established when the access was established). You must keep your security information in a secure location. Any person having access to your Online Banking log-in information will be able to access Online Banking and perform all transactions, including reviewing account information, making transfers to other accounts to which you have such access, and bill payment. You may change your password through the Online Banking at any time, and occasional password changes are recommended.

If you suspect that an unauthorized person has obtained access to your password and/or security information, please change your password and security settings immediately, and contact us using our secure BankMail service by clicking “Contact Us” on the Online Banking Customer Service page. Alternatively, you may call us at 1-888-790-9901 (local calls: 697-3100) or you may simply speak with a Customer Service Consultant at one of our branches.

BILL PAYMENT SCHEDULING


Payments are set up on a Scheduled Date basis. The date selected for the payment is the date the funds are debited from the billing account and the payment is sent. The date selected for the scheduled payment should take into account the time it will take to process and deliver.

Current dated payments will be processed at 9:00 pm ET that same night (assuming Monday – Friday) or next processing day if payment is initiated on a Saturday, Sunday, or a Federal holiday. Future dated single payments and recurring payments scheduled for a weekend or holiday will be processed the business day following the scheduled date. If you choose to schedule a one-time payment on a Saturday, Sunday or holiday, the service will auto adjust the date to the next processing day. Payments can only be made to payees within the US and its territories. Allow 3-5 business days to process most payments. Payments to US Territories and US Armed Forces facilities in foreign countries may require more days to process.

A built-in smart calendar automatically calculates a delivery date for a payment based on whether a payee is paid electronically or by check. When an amount is entered for a payee, an estimated delivery date is displayed on the page. The smart calendar is available to customers when scheduling payments on the Make Payments page or when clicking “Pay this payee” after adding a new payee on the Add New Payee page.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the service with names and account information of payees to whom you wish to direct payments, you authorize the service to follow the payment instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the service may edit or alter payment data or data formats in accordance with payee agreements.

When the service receives a payment instruction, you authorize the service to debit your payment account and remit funds on your behalf. You also authorize the service to credit your payment account for payments returned to the service by the United States Postal Service or payee, or payments remitted to you on behalf of another authorized user of the service.

ENROLLMENT

You agree to provide true and accurate enrollment information to the Service, and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use.

You must be at least eighteen (18) years of age to enroll in the Service. You must have a valid e-mail address and access to the Internet. You must be a legal owner or authorized signer of the payment account registered for the service. Mountain 1st Bank reserves the right to limit the number of memberships you have with the service.

The bank shall have the right to terminate your membership, reject or reverse any transactions you initiate, and/or restrict or condition your right to send or receive money at any time and for any reason, including, but not limited to:

· Excessive use;

· Using the Service (directly or indirectly) for any unlawful purpose; an/or

· Tampering, hacking, modifying or otherwise attempting to corrupt the security or functionality of the Service.

PAYMENT METHODS

The service reserves the right to select the method in which to remit funds on your behalf to your payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any scheduled payment (including recurring payments) by following the directions within the application. A payment made using this service may be canceled the same day up until the 9 pm ET cutoff time and/or prior to the payment status indicating it is “processing.” There is no charge for canceling or editing a scheduled payment. Once the service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. If the payment is made using a paper check the customer can call the Customer Care Center (1-888-280-3182) for assistance and they will make their best attempt to stop that payment. An electronic payment cannot be stopped once it is been processed, only a payment that went out as a paper check. The service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. Although the service will make every effort to accommodate your request, the service will have no liability for failing to do so. The service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

ALTERATIONS AND AMENDMENTS

This agreement, applicable fees and service charges may be altered or amended by the bank from time to time. In such event, the bank shall provide notice to you. Any use of the service after the service provides you a notice of change will constitute your agreement to such change(s). Further, the bank may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the bank reserves the right to terminate this agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the service's more recent revisions and updates. In addition, as a part of the service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES

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

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service using our secure BankMail service by clicking “Contact Us” on the Online Banking Customer Service page. Alternatively, you may call us at 1-888-790-9901 (local calls: 697-3100) or you may simply speak with a Customer Service Consultant at one of our branches.

Any payment(s) the service has already processed before the requested cancellation date will be completed by the service. All scheduled payments including recurring payments will not be processed once the service is cancelled. The bank may terminate or suspend service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this agreement.

RETURNED PAYMENTS

In using the service, you understand that payees and/or the United States Postal Service may return payments to the service for various reasons such as, but not limited to, payees forwarding address expired; payee account number is not valid; payee is unable to locate account; or payee account is paid in full. The service will use its best efforts to research and correct the returned payment and return it to your payee, or void the payment and credit your payment account. You may receive notification from the service.

DISPUTES

In the event of a dispute regarding the service, you and the bank agree to resolve the dispute by looking to this agreement. You agree that this agreement is the complete and exclusive statement of the agreement between you and the service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the bank relating to the subject matter of this agreement. If there is a conflict between what an employee of the bank says and the terms of this agreement, the terms of this agreement will prevail.

ASSIGNMENT

You may not assign this agreement to any other party. The bank may assign this agreement to any future, directly or indirectly, affiliated company. The service may also assign or delegate certain of its rights and responsibilities under this agreement to independent contractors or other third parties.

NO WAIVER

The bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of the bank. No delay or omission on the part of the service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.