Electronic Banking Service Agreement

Effective 4/3/2024

Description of Agreement

Introduction

This Electronic Banking Service Agreement ("Agreement") governs the use of Beneficial State Bank's Electronic Banking Services ("Service"), which allows you to perform a number of banking functions through the use of a personal computer, the Internet and telephone banking services. This Agreement establishes the terms and conditions for use of these Services. When you use any of the Services described in this Agreement, you agree to the terms and conditions of this Agreement.

For purposes of this Agreement, the words "we," "our," "us," and "Bank" mean Beneficial State Bank. "You," "Your," "Customer" and "User," refer to both consumer and business account owners; "Account" or "accounts" means your accounts at Beneficial State Bank. "Electronic funds transfers" means preauthorized transactions and transfers to and from your Beneficial State Bank accounts using the Service. References to time are to Pacific Standard or Pacific Daylight time, as applicable.

Other Agreements

The provisions and all the other agreements affecting your Beneficial State Bank accounts and loans, such as the Deposit Account Agreement and Disclosure and Schedule of Fees applicable to your deposit accounts, etc., will continue to apply notwithstanding anything to the contrary in this Agreement. However, if there is a conflict between this Agreement and any such other agreement, the terms of this Agreement will control.

Severability

If any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.

All headings are intended for reference only and are not to be construed as part of the Agreement.

When We Are Open and How to Reach Us

Business Days and Hours of Operation

Generally, our business days are Monday through Friday, excluding holidays. Our hours of operation can be found on our website at https://www.beneficialstatebank.com.

Hours of Service Access

You can use the Service seven days a week, 24 hours a day, although transactions may not be processed until the next Business Day. However, from time to time, some or all aspects of the Service may not be available due to Service maintenance or other circumstances.

Contact Us

Calling us or visiting us in person is the best way to report any problems or to get questions answered. You may contact us in any of the following ways:

  1. Telephone - You can telephone us at 888-326-2265
  2. In Person - At any of our locations listed on our website, https://www.beneficialstatebank.com
  3. Postal Mail - 2002 NE Martin Luther King Jr. Blvd, Portland OR 97212
  4. E-mail - You can contact us by e-mail at support@beneficialstate.com
  5. Video Banking – Launch via desktop or download the app (Google/Android or Apple/iPhone). Message and data rates may apply.

While sending an e-mail is one way to communicate with us, you agree and acknowledge that e-mail is not a secure method of communication, and there is no assurance that your message will be read at that time, or even on the day, it is delivered to our e-mailbox.

You should not use e-mail to communicate with us regarding anything that requires our immediate attention, nor should account or transaction information be sent via e-mail because of the inherent security issues relating to such communication.

If you send us an e-mail, it will be deemed to have been received when it is read by the recipient. The Bank will have reasonable time to act on your e-mail after it is received by us. If you e-mail us or ask us to reply to you via e-mail you agree to hold us harmless from any consequences, including financial loss, resulting from any unauthorized use or disclosure of your account or personal information resulting from e-mail.

General Terms and Conditions Applicable to All Services

Service Access

Both consumer and business customers are eligible to enroll in this service. To use the Service, you must have at least one account at Beneficial State Bank, Internet access via a secure Internet Service Provider (ISP), an Internet browser that supports a minimum 128-bit encryption standard, and a valid e-mail address. Enrollment in these services must be completed via our Web enrollment process. By enrolling in and using Web Banking, you acknowledge receipt of these Terms and Conditions and agree to abide by them.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access necessary to access the Service. Beneficial State Bank will not be responsible for any errors or failures due to the malfunction or failure of your hardware or software or of your communication and Internet access.

Available services may be added or cancelled by us at any time. We will update this Agreement to notify you of the existence of new services. By using the Services when they become available, you agree to be bound by the provisions in this Agreement as it may be changed from time to time.

Protecting Login Credentials

You will be required to select your own security information, including your Web Banking ID, Password, and Security challenge questions (collectively, "Security Information"). Your Web Banking ID must be at least 6 characters in length and your Password must be at least 8 characters in length. Web Banking ID cannot contain a special character. Passwords must consist of at least 1 upper case character, 1 numeric character, and 1 punctuation or special character, and should not be associated with any commonly known personal identification, such as a social security number, address, date of birth or child's or pet's name, and should be memorized rather than written down. We strongly recommend that you do not have your browser remember your password and that you frequently change your password. You agree to hold your Security Information in strict confidence and to immediately notify us of any unauthorized use of your Security Information or of any other breach of security, or if you believe someone has used or may attempt to use Web Banking on your behalf but without your consent. Phoning us is the best way of minimizing your potential losses or, you may write us at Beneficial State Bank to report the problem. Please refer to the Contact Us section for details.

The loss, theft or unauthorized use of your account numbers or Security Information could cause the loss of some or all the money in your accounts., If you disclose your account numbers, Web Banking ID, Password or Security information to anyone, we will consider any use of the Service by such person to be authorized by you, and you will be responsible for all transfers and payments and all other activity initiated through Web Banking initiated by such person.

Password Lockouts and Resets

To guard against unauthorized use of your Web Banking ID and Password, the Service may disable your Password on the fourth unsuccessful attempt to login. You can reach us as indicated in the Contact Us section to have your service reset, after we have satisfied ourselves of your identity.

If you forget your password, you can use the Web Banking “Forgot Your Password” link to request your password via e-mail which will be sent to the e-mail address you have provided us through the Service. For security purposes, you will be required to change your password upon your next login. You agree to notify us of any changes to your e-mail address.

Data Protection

You understand the importance of your role in preventing misuse of your accounts through the Service, and you agree to promptly examine your statement for each of your accounts accessible through the Service as soon as you receive it, or if received electronically, as soon as you receive notice that your statement is available. 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. Your Web Banking ID and Password are intended to provide security against unauthorized entry and access to your accounts. It is your responsibility to protect your personal information with the same level of care that you protect your account information. If you are logged in to the Service, be sure to log off the Service and exit the browser when you leave the computer unattended, particularly when using a computer accessible by others.

You should also take standard precautions to keep your computer system clean and free from viruses that could be used to capture password keystrokes and financial information. We recommend that you install anti-virus and anti-spyware software and that you keep those applications current, to help protect you against viruses, worms, Trojan horses, and keystroke capture. Data transferred via the Service is encrypted in an effort to provide transmission security, and the Service utilizes identification technology to verify that the sender and receiver of data transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including e-mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service, or e-mail transmitted to and from us, will not be monitored or read by others.

Privacy, Disclosure of Account Information to Third Parties and Security Procedures

Our privacy policies and procedures are disclosed to you in our Privacy Policy, which was provided at the time your account was opened. Additional copies of our Privacy Policy are available upon request, by contacting us in the manner indicated in the Contact Us section of this Agreement. You can also access our Privacy Policy, as well as our Security Policy, on our website at https://www.beneficialstatebank.com.

Inactivity/Termination

This Agreement will remain in effect until you or we terminate it.

The Bank reserves the right to terminate this Agreement and your access to the Service in whole or in part, at any time, for any reason or without cause. One reason for our termination may be your failure to sign on to the Service for 180 consecutive days, and if we do so for this or any other reason, you will be required to re-enroll in the Service in the same manner as a new enrollee, and obtain our consent to your re-enrollment (which may be given or withheld by us in our discretion).

You may terminate this Agreement or any particular Service at any time by notifying us in the manner indicated in the Contact Us section of this Agreement. We recommend that you cancel all future and recurring Payments and transfers at the same time you terminate the Service.

Termination of this Agreement, by you or by us, will cancel the Service and any scheduled transactions that may be pending. It will not terminate your accounts with us.

Your cancellation request should include your name, address, and the effective date to stop the service.

Governing Law

This Agreement is governed by federal laws and regulations, as well as the laws and regulations of the State in which we do business.

Office of Foreign Asset Control

The Bank Secrecy Act prohibits certain transactions with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to use the Service to transact business with persons or entities blocked by OFAC and agree that we may refuse to comply with any instruction which we reasonably believe could violate these laws. However, any failure by the Bank to recognize a transaction as prohibited will not relieve you of your obligations under these laws.

Damages

Except to the extent that the provisions of the Consumer Accounts Only section otherwise provide, under no circumstances will we have any liability for:

  1. Losses or damages resulting from the failure of your personal computer, hardware, software, or any Internet access services; or;
  2. Failing to provide you access to any of your accounts that are linked to Web Banking.

In addition, unless otherwise required by applicable law, we will only be responsible for performing Web Banking as expressly stated in this Agreement and will only be liable for any losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing such services. IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT LOSS OR DAMAGE, INCLUDING LOSS OF PROFITS, LOST BUSINESS OPPORTUNITY, OR FOR ATTORNEYS' FEES INCURRED BY YOU, WHETHER OR NOT ANY CLAIM OR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNOW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

Indemnification

Except to the extent that we may be liable under the terms of this section of this Agreement, you agree to indemnify and hold us, our directors, officers, employees, and agents harmless from any and all losses, liability, claims, demands, judgments, and expenses, including attorney's fees, arising out of or in any way connected with your use of Web Banking.

Amendments

The Bank may add or remove terms to or from this Agreement, or we may amend any of its terms (including terms relating to fees and charges) by sending you written notice by regular mail sent to your address as it appears on your account records - the notice may be combined with other account information, such as an account statement or other notice; by electronic mail; or by posting a notice on our website or on Web Banking and advising you of the posting. You agree that the Bank may also send you future notices and disclosures about your accounts with the Bank by electronic mail, where permitted by law, or may post such notices and disclosures on our website or on Web Banking and advise you of the posting. Any use of Web Banking after we provide you a notice of change will constitute your agreement to such change(s).

Waivers

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part 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.

You consent to receive electronic Disclosures and Agreements for any notice, document, or disclosure required to be provided to you in writing for the Web Banking Service. You may at any time withdraw your consent to receive Disclosures and Agreements electronically. To do so, notify us at 888-326-2265 during normal business hours.

You are entitled to receive Disclosures and Agreements in writing. To request written Disclosures and Agreements, call us at 888-326-2265 during normal business hours. There is no charge to receive written Disclosures and Agreements.

Assignments

We may assign this Agreement to any affiliate, parent, or other company. We may also assign or delegate certain of its rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.

Web Banking Services

You may use the Web Banking component of the Service to:

  1. View current balance information and transaction activity for your Beneficial State Bank account(s), although the balance viewed through the Service may not include all recent transactions
  2. Download checking and savings account transactions to Quicken, QuickBooks, or Excel-compatible (CSV-comma separated values) files
  3. View images of checks paid against your deposit accounts
  4. Transfer funds between your Beneficial State Bank accounts on either a one-time or recurring basis
  5. Perform self-service maintenance, such as changes to your e-mail address, your mailing address and login security information

Commercial loan accounts may not be accessible through the Service; please contact your account officer for more information. Some of the above functions may not be available for certain other accounts or customers.

eAlerts/Messages

The Service may include functionality that allows you to set up automated alert events based upon your selected criteria. If available, alerts will be sent to the email address or phone number you provided when established. Your alert event criteria will be matched against your account information at a bank-specified time each Business Day. If the criteria match your account information, an alert will be distributed at that time. By using the eAlerts feature, you acknowledge that:

  1. The Bank may add or remove types of alerts from time to time.
  2. If you change your e-mail address or phone number, you will be responsible for changing this within the Service.
  3. Alerts may be delayed or prevented for a variety of reasons.
  4. We shall not be liable for any delay in delivery or complete failure to deliver any alert.
  5. We shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert or our delay in delivery or failure to deliver a scheduled alert.
  6. The Bank will never include your password or full account number in an alert; however, you understand that alerts may include your name and some information about your accounts.
  7. Cleared check eAlerts will not be sent if the check is converted to an Automated Clearing House entry.

Transfers

Transfers can be made on either a one-time or a recurring basis. One-time transfers may be immediate or scheduled for a future date. The scheduled transfer feature also may be used when a set amount is to be transferred at regular intervals.

Requests for immediate transfers submitted prior to the cutoff time of 5:00 pm will be processed immediately. Immediate transfer requests submitted after 5:00 pm or on a non-Business Day will be processed the following Business Day. While transfers made after the cutoff time or on weekends or holidays may be reflected in your account balances, the transfers will not be effective until the next Business Day. In other words, even though a transfer initiated close to the stated cutoff time on a Business Day may be reflected in the to and from account balances, if initiated after the actual cutoff time, they will not be considered when we process checks and other items presented for payment that day.

Transfers scheduled for a future date, including recurring transfers, will be processed at the opening of business on the scheduled date, if that date is a Business Day, or if it is not a Business Day, on the following Business Day.

You understand that our processing items, such as for checks or electronic funds transfers, may be earlier in the day than the cutoff times for you to make a Web transfer. As a result, if we have already made a decision not to honor an item because you do not have enough funds in the account to cover it, a later transfer of funds into the account will not affect our decision, even though the transfer may have been made before the Web transfer cutoff time for the day.

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages if they were directly caused by our failure. However, we will not be responsible for your losses if:

  1. Through no fault of ours, you did not have enough available funds in your account to make the transfer.
  2. The Service wasn't working properly, and you were aware of the situation when you started the transfer.
  3. Circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevented the transfer, despite reasonable precautions that we have taken.
  4. There was a hold on your account, or your account was blocked in accordance with bank policy.
  5. Your funds were subject to legal process or other encumbrance restricting the transfer.
  6. There were other applicable exceptions stated in our agreements with you.

If a scheduled transfer fails to occur due to insufficient funds or other circumstances as listed above, the transfer will again be attempted on the following Business Day and will continue indefinitely until the transfer is successfully made or is cancelled by you.

Mobile Banking

Beneficial State Bank offers customers mobile access to their account information (e.g., for checking balances and last transactions). By participating in Mobile Banking, you are agreeing to the terms and conditions presented in this Agreement. Mobile Banking and any software you may obtain from Mobile Banking ("Software") may not be available at any time for any reason outside of the reasonable control of Beneficial State Bank or any service provider.

Privacy and User Information

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

Restrictions on Use

You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized, or improper manner or purpose and it will only be used in compliance with all applicable laws, rules, and regulations, including all applicable state, federal, and international internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations.

Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate:

  1. junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
  2. material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers;
  3. material or data, that is illegal, or material or data, as determined by Beneficial State Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Beneficial State Bank or any third-party service provider involved in the provision of Mobile Banking;
  4. material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier;
  5. viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
  6. any material or information that is false, misleading, or inaccurate;
  7. any material that would expose Beneficial State Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or
  8. any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Beneficial State Bank or any third party.

You agree that you will not attempt to:

  1. access any software or services for which your use has not been authorized; or
  2. use or attempt to use a third party's account; or
  3. interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or
  4. otherwise abuse Mobile Banking or the Software.

Use of Google Maps

You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at, or other URLs as may be updated by Google.

Touch ID for Mobile Banking

Touch ID is an optional fingerprint sign-in method for Beneficial State Bank Mobile Banking that is currently available for most mobile devices that have a fingerprint scanner. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your mobile device to complete the setup (for more help with fingerprint scanning, contact support for your mobile device). Fingerprints are stored on your device only and Beneficial State Bank never sees or stores your fingerprint information. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Beneficial State Bank Mobile Banking. Beneficial State Bank reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Banking username at a time on a device. If your device doesn't recognize your fingerprint, you can sign in using your password. To use Touch ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID anytime from the Services menu within Beneficial State Bank Mobile Banking. Currently, fingerprint sign-in for Beneficial State Bank Mobile Banking is only available on compatible iOS devices.

Manage Cards

  1. The Manage Cards feature is only available for debit or ATM cards issued by Beneficial State Bank that you register within the Mobile Banking App.
  2. The Manage Cards alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Beneficial State Bank to discontinue the alerts and controls.
  3. Certain Manage Cards functionality within the Mobile Banking App may not be available for all transactions.
  4. Manage Cards may enable access to Beneficial State Bank and third parties' services and web sites, including GPS locator websites, such as Google's. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.

Third Party Services

To the extent this Mobile Banking App allows you to access third party services, Beneficial State Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.

Disclaimer of Warranties

The Mobile Banking APP, the services and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. In particular, we do not guarantee continuous, uninterrupted, or secure access to any part of our service, and operation of the Mobile Banking APP or the services may be interfered with by numerous factors outside of our control. Some States do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you to the extent they are prohibited by State law.

Limitation of Liability

You acknowledge and agree that from time to time, the Mobile Banking App and the services may be delayed, interrupted, or disrupted for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption, or failure in the provision of the services, whether caused by strikes, power failures, equipment malfunctions, internet disruption or other reasons. In no event shall we or our affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any claim arising from or related to the services that is caused by or arises out of any such delay, interruption, disruption, or similar failure. In no event shall we or our affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, or loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the Mobile Banking APP, or the services, or the websites through which the Mobile Banking APP or the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall we or our affiliates or licensors or contractors or their employees or contractors of any of these be liable for any claim, arising from or related to the Mobile Banking APP, the services or the website through which the APP or the services is offered, that you do not state in writing in a complaint filed in a court or arbitration proceeding within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Our aggregate liability and the aggregate liability of our affiliates and licensors and contractors and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Agreement

Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

Privacy and User Information

Data Analytics

You acknowledge that in connection with your use of Mobile Banking, Beneficial State Bank, and its affiliates and service providers, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Beneficial State Bank, and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

Mobile Deposit Capture User Agreement ("Agreement")

This Agreement contains the terms and conditions for the use of Beneficial State Bank's (BSB) Mobile Deposit capture services. Other agreements you have entered into with Beneficial State Bank governing your BSB account are incorporated by reference and made a part of this Agreement.

Services

The mobile deposit capture services (Services), are designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by capturing an image of the check and delivering the image and associated deposit information to BSB or BSB's designated processor.

Acceptance of these Terms

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website or Web Banking. Regardless, BSB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

Limitations of Service

When using this Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue this Service, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

Hardware and Software

To use this Service, you must obtain and maintain, at your own expense, a Remote Device, or other hardware and software necessary for any other Eligible Device Beneficial State Bank may designate in the future. If Beneficial State Bank designates any additional Eligible Devices, such Eligible Devices will be indicated on the Beneficial State Bank website. Beneficial State Bank assumes no responsibility for defects, failures or incompatibility of any Equipment used in connection with the Service, including any third-party software you may need to use the Service. Any third-party software is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at the time of download and installation.

Deposit Limits

The bank at its discretion may impose a daily and monthly deposit limit that applies to the deposits to your Eligible Beneficial State Bank Accounts through the Service.

You understand that you will not make deposits through the Service in excess of this limit. The Bank may refuse to accept and process any deposits that exceed this dollar limit. In addition, the Bank reserves the right to change these limits or impose additional limits in its sole discretion from time to time.

Eligible items

You agree to scan, and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the image of the check transmitted to BSB shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:

  1. Checks payable to others (even if endorsed over to you);
  2. Checks payable jointly, unless deposited into an account in the name of all payees;
  3. Demand drafts or Remotely created checks (i.e. checks lacking the original signature of the person authorizing the check);
  4. Substitute checks (i.e. paper checks created from an electronic image);
  5. Checks or items containing obvious alteration to any of the fields on the front of the check or authorized by the owner of the account on which the check or item is drawn or are irregular in any way (e.g. where the numerical and written amounts are different);
  6. Checks that have been previously returned unpaid for any reason;
  7. Checks that are postdated or more than six (6) months old;
  8. Checks drawn on a foreign financial institution or payable in a foreign currency;
  9. Checks you suspect may be fraudulent or not properly authorized;
  10. Checks with any endorsement on the back other than that specified in this agreement;
  11. Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution;
  12. Checks which are otherwise not acceptable under the terms of your Account Agreement.

Beneficial State Bank's processing of any of the checks described above shall not obligate it to continue that practice and it may stop doing so without cause or prior notice. Additionally, Beneficial State Bank may refuse any check for deposit, with or without cause.

We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission.

Hours of Operation; Processing Cut-off Hour; Location where your deposits are considered made

The Service can be utilized by you 24 hours a day, seven days a week, except when the Service is unavailable due to needed maintenance or system outages. The Bank is not responsible for the unavailability of the Remote Service or any damages that may result from its unavailability.

Images of Eligible Checks and associated deposit information received for processing by the Bank before 5:00 p.m. Monday - Friday, on any business day, will be processed on that business day. Images of Eligible Checks and associated deposit information received for processing by the Bank after 5:00 p.m., on any business day or on a Saturday, Sunday, or Bank holiday, will be processed on the next business day.

Availability of Funds

Funds from deposits via Mobile Banking are generally available to you on the next Business Day your deposit is received. In some cases, the Bank may not make funds from these deposits available in accordance with this general policy. Should this occur, a notice will be sent to you by the next Business Day as to when your funds will be made available to you. Depending on the type of check that you deposit, funds will be made available to you no later than seven business days after the Business Day your deposit is received. In addition, the first $225 of your deposit will be made available on the Business Day your deposit is processed.

The Bank's funds availability exception policies, as fully set forth in disclosures, also apply to deposits made via Mobile Banking. Please refer to your Account Agreement for an explanation of those exception policies. In the event the Bank receives a check image for deposit where it has reason to doubt the collectability of that deposit, the Bank may delay the availability of that deposit for a reasonable period of time until the item is either paid or returned. In such cases, the Bank will notify you of this action

Image Quality

The image of an item transmitted to BSB using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Check Endorsement Requirements

Prior to scanning any check through the Service, you agree to restrictively endorse the original check "For Mobile Deposit Only, Beneficial State Bank, account#_______" or as otherwise instructed by Beneficial State Bank. You agree to follow all other instructions provided to you by the Bank for capturing and transmitting check images and associated deposit information via the Service.

Storage and Destruction of Original Checks

Upon your receipt of confirmation from BSB that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide the item to BSB upon request.

Errors

You agree to notify BSB of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable BSB account statement is sent. Unless you notify BSB within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against BSB for such alleged error.

Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in BSB's sole discretion subject to the depository Agreement and Disclosures governing your account.

DISCLAIMER OF WARRANTIES: You agree your use of the services and all information and content (including that of third parties) is at your risk and is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv) any errors in the services or technology will be corrected.

LIMITATION OF LIABILITY: You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if Bank has been informed of the possibility thereof.

User Warranties and Indemnification

You represent and warrant the following with respect to each image of a check that you transmit through the Service:

  1. You will only transmit eligible items.
  2. Images will meet the image quality standards.
  3. You will not transmit duplicate items.
  4. You will not deposit or represent the original item.
  5. All information you provide to BSB is accurate and true.
  6. You are not aware of any factor which may impair the collectability of the item.
  7. You will comply with this Agreement and all applicable rules, laws, and regulations.

You agree to indemnify and hold harmless BSB from any loss for breach of this warranty provision.

Any breach of the above warranties may result in cancellation of the Service for your specific profile in the BSB mobile application, closure of your accounts, or termination of the client relationship.

Returned Items and Right of Chargeback

If any image of a check you deposit is dishonored or otherwise returned unpaid by the institution upon which it is drawn, you understand that the Bank will return the check to you in the form of a substitute check. If you decide to redeposit the returned check, you may only redeposit the substitute check by taking that check to a Beneficial State Bank branch. You may not deposit the original check. Your account will be charged back the amount of the check in addition to any applicable fees in accordance with the terms of your Account Agreement.

Termination or Suspension of Remote Service

The Bank may terminate or suspend your use of the Service at any time. The Bank may terminate or suspend the Service without prior notice if the Bank, in its sole judgment, believes there has been a breach in the security of the Service, there has been unauthorized activity involving your account, you have engaged in activity that violates the terms of this Agreement, or there has been account activity resulting in an overdraft in any of your deposit accounts with the Bank.

Amendments

You agree that the Bank may change the terms and conditions of this Agreement as required by law or Bank policy. Unless otherwise required by law, the Bank may amend this Agreement without prior notice to you. If the Bank chooses to notify you of an amendment or is required to do so by law, the Bank may ask you to agree to an amended version of this Agreement electronically, or by mailing or delivering a separate notice, statement message, or electronic message to you at the last address on file for you.

Governing Law

This Agreement shall be governed by federal laws and regulations. To the extent such laws and regulations do not apply, this Agreement is governed by the laws in which we do business.

Electronic Consent and Acceptance of Terms and Conditions

To enroll in the Service, you consent to receive and accept the terms and conditions of this Agreement, and any amendments to it, electronically. In the event any change to this agreement requires prior notice to you, the Bank will notify you by e-mail, at the e-mail address you have provided for such notices, of the new or different terms and conditions or it will provide you with a link within such e-mail where you may view the new or different terms and conditions on a web site. In the future, if the Bank chooses to provide you with such notices for deposits via the Service only by e-mail and not by mail, we will notify you by e-mail. You understand and agree that the Bank reserves the right to provide any notices regarding the use of the Service to you in printed form.

Cooperation with Investigations

You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

Enforceability

We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

Ownership & License

You agree that Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Bank's business interest, or (iii) to Bank's actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute, or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

Mobile Deposit Consent and Agreement

By agreeing to these terms, you agree: 1) that you have equipment that satisfies the above requirements; 2) to receive information about the Service, including this Agreement, any amendments to it or any notices regarding the use of the Service, electronically; and 3) that you have received an electronic version of this Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment in the Service can only occur electronically, you understand that you cannot enroll in the Service unless you agree. The Bank reserves the right to provide information and notices about the Service to you by non-electronic means.

Touchtone Banking – Telephone Banking

You need to be an existing customer of Beneficial State Bank in order to be eligible for our Touchtone Banking Services. As a customer, you are automatically enrolled in this Service. Telephone funds transfers can only be conducted on eligible accounts, as discussed below. At the time you first access our Touchtone Banking service, you will be asked to provide a passcode which can be changed at any time by you.

Eligible Accounts

Telephone banking transactions, which are funds transfers and account inquiry, can only be conducted on eligible accounts, which are accounts with the exact same ownership and signature requirements.

Access to the Service

You may access our Touchtone Banking Services by dialing 1.833.OUR.HERO (1.833.687.4376). A voice response mechanism will pick up the call and prompt you on how to proceed. You must be ready to provide your telephone banking ID, four-digit passcode and account information when prompted to do so.

You generally can access your account information via Touchtone Banking Service seven days a week, 24 hours a day, although some or all services may not be available occasionally due to an emergency or scheduled system maintenance. We will post notice of any extended period of system unavailability on the Beneficial State Bank website as soon as reasonably practicable.

Funds Transfers

Funds transfers completed before 5:00 p.m. on a business day are posted to your account on the same day. Telephone funds transfers completed after 5:00 p.m. on a business day, or completed at any time on Saturday, Sunday, or banking holiday, will be posted on the next business day.

Additional Provisions for Business Customers Only

Security Procedures

By using our Web Banking Services, you acknowledge and agree that the security procedures for electronic banking transactions set forth herein are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use, and we had a reasonable opportunity to act on such notice.

Fees and Charges

Beneficial State Bank provides the services listed in this Agreement in accordance with our Schedule of Fees and Charges, which is available to you upon your request.

You are responsible for connectivity and Internet service fees you incur with your use of the Service.

Additional Provisions for Consumer Accounts Only

Liability for Unauthorized Use (Consumers/Personal Accounts Only)

Tell us at once if you believe your Web Banking password has been compromised or if someone has transferred or may transfer money from your account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account (plus any amount available under your overdraft protection, if applicable).

If you tell us within 2 Business Days, you can lose no more than $50 if someone uses your Login ID and Password without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft of your Login ID and Password, and the Bank could have reasonably stopped someone from using the Login ID and Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows any electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, we may, at our sole discretion, extend the time periods.

If you authorize someone else to use your Login ID and password, you are responsible for all transactions which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.

In Case of Errors or Questions About Your Electronic Funds Transfers

In case of errors or questions about your electronic funds transfers ("EFTs"), or if you think your statement or receipt is wrong or if you need more information about an EFT listed on your account statement or receipt, contact us in the manner stated in the How to Reach Us section of this Agreement. We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide us the following information.

  1. Your name and account number
  2. Description of the error or the transfer you are unsure about, explaining as clearly as you can why you believe it is an error or why you need more information,
  3. Dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days (20 Business Days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts) to investigate your complaint or question. If we decide to do this, we will provisionally 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 your letter within 10 Business Days, we reserve the right to not provisionally credit your account.

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 ask for copies of the documents that we used in our investigation.

Fees and Charges

Beneficial State Bank provides the services listed in this Agreement in accordance with our Schedule of Fees and Charges, which is available to you upon your request.

You are responsible for connectivity and Internet service fees you incur with your use of the Service.

We invite you to print a copy of this Agreement and retain it for your records. You may also request that a copy of this Agreement be mailed to you by contacting us in the manner indicated in the Contact Us section of this Agreement.