NC Bank Internet Banking Agreement

Terms and Conditions


Disclosures

The NC Bank Internet Banking NC Net (On-Line Banking) Agreement and Disclosure ("the Agreement") states the terms and conditions governing basic internet banking services (the "Services" or "On-Line Banking Services") offered by NC Bank or any of third party service providers. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us or our third party providers. By using any of the On-Line Banking Services, you agree to abide by the terms and conditions of this Agreement. The terms "we", "us" and "our" and "Bank" refer to NC Bank. "You" refers to each person who enrolls for On-Line Banking Services and has a PASSWORD (Personal Identification Number), and each person who accesses our internet banking services using your Password. The term "business days" means Monday through Friday, excluding Saturday, Sunday and Bank Holidays (Transfers made after 4:00 pm CST will be processed on the next business day). Your On-Line Banking Services and each of your accounts are also governed by the applicable Disclosure, Rates and Fee Schedules provided by the Bank in your New Account packet or in the supplemental agreements you accept with respect to specific on-line banking services, all as each may be modified from time to time. In the event of conflict between this disclosure and the NC Bank Deposit Agreement in effect at the time, the Deposit Agreement will govern.

You are responsible for paying any fees associated with On-Line Banking as outlined in the "Fees and Services" brochure or in the supplemental agreements for specific on-line banking services, as well as any telephone charges or fees incurred by accessing On-Line Banking Services.

Your initial use of On-Line Banking Services constitutes your acceptance and agreement to be bound by all the terms and conditions of this Agreement and acknowledges your receipt and understanding of this Agreement.

The Bank is entitled to act on instructions received through On-Line Banking under your Password and without inquiring into the identity of the person using your Password. You are liable for all transactions made or authorized using your Password. The Bank has no responsibility for establishing the identity of any person using your Password. If you give your Password to anyone, you do so at your own risk since anyone to whom you give your On-Line Banking Password or other means of access will have full access to your accounts even if you attempt to limit that person's authority. You must notify the Bank that your Password has been lost, stolen, or otherwise compromised and should not be honored and must be disabled. Call us immediately at (972) 720-9000 during normal banking hours. After hours you may send email through our website, or write us at NC Bank, 16000 Dallas Parkway, Suite 125 Dallas, TX 75248.

Do not include your Password in any correspondence.

Quickly telephoning us is the best way of reducing your possible losses. If an account is jointly owned, one holder of the joint account can enroll for On-Line Banking Services with one Password issued. You may not designate any account that requires more than one signature for withdrawals. You are liable for all transactions that any of you make or authorize, even if the person you authorize exceeds your authorization.

We will not be liable for the following:

1.    If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.

2.    If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.

3.    If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.

4.    If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.

5.    If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim which restricts the transaction.

6.    If the transaction(s) you are requesting violate a law, rule, regulation or agreement to which the Bank is subject.

7.    If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.

You recognize that transmission of information and data via the internet is inherently insecure, and unauthorized persons may through "hacking" or otherwise access information allowing them to gather information about you or access your account(s). While the Bank will take reasonable precautions to implement and maintain security measures restricting access by unauthorized persons, the Bank cannot guarantee internet security. Further, you recognize that many of the On-Line Banking Services offered or to be offered by the Bank are in fact provided by third party service providers. While the Bank will take reasonable precautions to select qualified service providers, and seeks to obtain appropriate assurances of security and confidentiality from these service providers, the Bank cannot and does not guarantee the performance, suitability or security of these third party service providers. You agree that the Bank shall not be liable or responsible for any unauthorized access to data or information relating to you or your account(s) or any breach of the duties and obligations of such third party service providers unless such access or breach results solely from the Bank's gross negligence or willful misconduct.

You hereby release the Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your Password to such a person, or, in the case of a jointly held account, such person is one of the owners of the account. You agree to indemnify the Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

The Bank has the right to modify or terminate this agreement at any time. Specifically, the Bank reserves the right to terminate this agreement for nonuse in accordance with its procedures, or in the event the Bank elects, in its sole and absolute discretion, to terminate its On-Line Banking Services. We will comply with any notice requirements applicable under law for such changes or termination.

If we terminate this Agreement, no further On-Line Banking transfers or bill payments, if applicable, will be made, including but not limited to any payments or transfers scheduled in advance or any pre-authorized recurring payment or transfers. If we modify this Agreement, your continued use of On-Line Banking Services will constitute your acceptance of such changes in each instance. Persons will only be able to access accounts for which they are designated as "owner."

EXCLUSION OF WARRANTIES

THE BANK HAS NOT MADE, AND DOES NOT BY THIS AGREEMENT MAKE, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. IN NO EVENT SHALL THE BANK OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR CLAIMS OF THIRD PARTIES, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES OR DAMAGES WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY THE BANK. THE BANK, AND ITS DIRECTORS, EMPLOYEES AND AGENTS ARE NOT AND SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE THIRD PARTY SERVICE PROVIDERS PROVIDING OR WHO WILL PROVIDE THE ON-LINE BANKING SERVICES CONTEMPLATED HEREBY.

Password and Security

You agree not to give or make available your On-Line Banking password or other means to access your account to any unauthorized individuals. If you permit other persons to use the On- Line Banking Services or your On-Line Banking password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your On-Line Banking password or other means to access your account has been lost or stolen or that someone may attempt to use the On-Line Banking Services without your consent or has transferred money without your permission, you must notify NC Bank at once by calling 972-720-9000 during normal customer service hours.

Your Liability for Unauthorized Transfers

If you tell us within two (2) business days after you discover your On-Line Banking Password or other means to access your account has been misappropriated, lost or stolen, you can lose no more than $50.00 if someone uses your On-Line Banking Password or other means to access your account without your permission. If you do not tell us within two (2) business days after you learn of such misappropriation, loss or theft, and we can prove that we could have prevented the unauthorized use of your On-Line Banking password or other means to access your account if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. You agree to examine your statement with reasonable promptness. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, or any other errors in your account within 60 days of when we first send or make a statement available, you cannot assert a claim against us on any item in that statement. Refer to the NC Bank Deposit Account Terms and Conditions.

Errors and Questions

In case of errors or questions about your transactions, you should as soon as possible:

1.    Telephone us at 55 4783-9630 during normal customer service hours; or, 2.    E-mail ib_help@nimda.co

If you think that your statement is wrong or you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days of when we sent or made available the statement on which the problem or error appeared. You must:

1.    Tell us your name and account number;

2.    Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and

3.    Tell us the Digital Material Sunflowers amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) business days after your verbal notification. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account. If we decide there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. The Bank may revoke any provisional credit provided to you, if we find that an error did not occur, and you will reimburse us for any provisional credit you have withdrawn upon demand.

Disclosure of Account Information to Third Parties

It is our policy to not disclose information about you to anyone, except as permitted by law. The law would permit disclosure of information to third party service providers providing or facilitating one or more of the On-Line Banking Services who contractually agree to provide appropriate confidentiality safeguards. See our NC Bank Privacy Policy.

Charges

Any applicable fees will be as published and listed in the NC Bank Schedule of Fees or on any other supplemental schedules of fees and charges established or maintained by the Bank, as such fees and charges may be amended from time to time by the Bank. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Bank to charge your designated account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet Service fees that may be accessed by your telephone and/or internet service provider.

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 send notice to you at your address as it appears on our records, or the Bank may notify you by publication on its website which will be available to you when you access your On-Line banking Services. Any use of the On-Line Banking Services after we send you the notice of or publish the change will constitute your agreement to such change(s). Further, the Bank may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate the Agreement as to all such prior versions of the programs, services, and/or related material and limit access to our more recent versions and updates.

Address or Banking Changes

You agree to promptly notify in writing the Customer Service Department of any address change or submit an address change via secure forms within Internet Banking. Additionally, you agree to notify the Customer Service Department in writing at least ten (10) business days in advance of any change in your banking status.

Disclosure text for secure forms:

Stop Payment

I agree to hold the Bank harmless from and against any losses, claims or costs (including attorney’s fees) incurred by (1) payment contrary to this order if such payment occurs otherwise than by a failure to exercise ordinary care, or (2) refusal to make payment of the stopped item. The Bank shall not be liable if, as a result of payment of the item subject to this order, other items drawn by me are returned due to insufficient funds. I will notify the Bank promptly of the issuance of a check or item which is a duplicate of the check or item subject to this order, or upon the return of the original check. This request will automatically expire at the end of six months, unless the bank receives a written renewal order. The Bank shall not be liable for payment of any item subject to a stop payment order upon the expiration or withdrawal of such order, and the Bank may, in its discretion, refuse to honor any such item pending my instructions. I may withdraw this order only in writing, or in person at the Bank. As this order will be processed by computer, all information must be accurate. There is a $20.00 Stop Payment fee for on-line stop payments

Change of Address

This change of address will only change addresses marked/indicated on this form. You must be a signer on said accounts to change the address. All future statements and correspondence will be sent to your new address. Changing your address online will not change the address on your next order of printed checks.

Personal Account Application

I certify that the application information is true and complete, and authorize you to verify the information and to obtain further information concerning my credit history and standing and deposit accounts maintained with other institutions. Under the penalties of perjury, I certify (1) the social security number shown above next to my name is my correct taxpayer identification number, and (2) I am not subject to backup withholding either because I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified me that I am no longer subject to backup withholding. (Instruction to Applicant: If you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return and you have not been notified that the backup withholding has terminated, you must strike out the language in clause (2) above.)

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may ask to see your driver’s license or other identifying documents.

Personal Debit Card Application

By submitting this application, the undersigned request(s) the described services and agrees to the terms and conditions governing the services, including any fees and charges. The applicant(s) agree(s) that all information is accurate and authorizes the financial institution to verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency

Important Information About Procedures for Opening a New Account.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

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


Currency Conversion - The currency conversion rate used by NC Bank is the Apple Currency Converter.

Advisory Against Illegal Use - You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

FEES

-    We will charge you $5.00 to replace a lost debit card.

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

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

DOCUMENTATION

-    Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals.

-    Periodic statements.
You will get a monthly account statement from us for your checking accounts.
You will not get a monthly account statement from us for your savings accounts unless there are transfers in a particular month. In any case, you will get a statement at least quarterly.

FINANCIAL INSTITUTION'S LIABILITY

Liability for failure to make transfers - 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. 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 the transfer.
2.    If you have an overdraft line and the transfer would go over the credit limit.
3.    If the automated teller machine where you are making the transfer does not have enough cash.
4.    If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
5.    If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
6.    There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:

1.    where it is necessary for completing transfers; or
2.    in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
3.    in order to comply with government agency or court orders; or
4.    as explained in the separate Privacy Disclosure.

UNAUTHORIZED TRANSFERS

(a) Consumer liability.

* Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.)

If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell 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 (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.


(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 55 4783 9630, 24 hours, seven days a week access, or write us at the telephone number or address listed in this brochure.

ERROR RESOLUTION NOTICE

In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

1.    Tell us your name and account number (if any).
2.    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.
3.    Tell us the dollar amount of the suspected error.

If you tell us orally, 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 if the transfer involved a new account) 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 if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three 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.

NC BANK

Business Days: Monday through Friday
Excluding Federal Holidays
Phone: 55 4783-9630

MORE DETAILED INFORMATION IS AVAILABLE
ON REQUEST


Bill Payment Terms and Conditions:

The Bank hereby publishes the following terms and conditions for your use of bill payment services. The Bank reserves the right to modify these terms and conditions at any time, effective upon publication. Your use of bill payment services constitutes your agreement to these terms and conditions and any modifications thereof:

-    You agree to accurately follow product use instructions and procedures.
-    You agree to schedule paper check bill payments at least five to seven (5-7) business days prior to the due date (excluding grace period, holidays or weekends).
-    You agree to provide correct payee name, address, account information and payment amount.
-    You agree to pay the Bank's charges and fees for providing bill payment services in accordance with the Bank's published fee schedule, as amended from time to time.
-    You agree to maintain sufficient funds in your funding Account.
-    You agree to notify the Bank promptly of any suspected problem or error.
-    You agree that Bank is not responsible for any "virus" that may be downloaded from the NC Bank On-Line Banking Web Site.
-    You agree that NC Bank is authorized to delete your bill pay service after six (6) months of inactivity.