Team Capital Bank Online Banking Agreement and Disclosure

Attention First-Time Users

To enroll in online banking, please read the following, and then choose “Accept” or “Decline”. You will then be asked to enter your Access ID and Password that was provided to you at the time of account opening.

Team Capital Bank is pleased to offer its customers the convenience and efficiency of Internet technology. In this Agreement, the words “we”, “us” or “our” mean Team Capital Bank and its successors or assigns, and the words “you” or “your” mean each person who has an interest in an account or other relationship which is accessible through Team Capital Bank Online Banking Services and any person authorized for such access. The parties hereto desire to participate in Online Banking transactions and agree to the following:

Consumer & Business Accounts

In this agreement, the words “bank”, "we," "us" or "our" mean Team Capital bank and the words, "you" or "your" mean each person who has an interest in an account or other relationship which is accessible through Team Capital Bank Online Banking Service (“Service”).  When you use our Services or you permit any other person to use our Services, you agree to the terms and conditions we have set out in this Agreement.  We reserve the right to modify this Agreement at any time.

1. Terms and Conditions. This Agreement establishes the terms and conditions governing the Services including account access, balance reporting, transaction details, funds transfers, bill payments and any other services. This agreement is in addition to other agreements between you and the Bank, including the applicable deposit account agreements, account terms and conditions, and the Bank’s account rules and regulations and the terms of your loan agreements.  If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of any other agreements between you and the Bank as it relates to the Service, then the terms of this Agreement will control.

2. Description of Online Banking Services.  Access to the Service is provided through the Team Capital Bank web site,  You may use the Service to:

• Obtain current account balances
• Review transaction history and view pending transactions
• View check images
• Transfer funds between your online accounts
• Export transaction history
• Place stop payments on a check or a range of checks
• Bill Payment

3. Equipment and Software.   Certain computer equipment, peripherals and software are required to access the Service including a personal computer, a modem, access to an Internet Service Provider, and a commercially available Internet Browser with at least 128-bit encryption (“Equipment”). We assume no responsibility for the defects or incompatibility of Equipment that you use in connection with the service, even if we have previously approved them. You agree to ensure that any future supported upgrades to your Internet Browser and other software will be loaded and operational on your personal computer. Your Equipment shall be acquired and maintained at your own expense.

4. Accessing the Service.  When you open your first account you will be given a temporary Personal Identification Number (PIN). Use your checking or savings account number and this temporary PIN to gain access to the Service. Upon successfully accessing your account you will be prompted to change your Access ID and PIN number. No other person will have access to your bank account information unless you choose to give them your Access ID and PIN. If you choose to give your Access ID and PIN to another person, that person will also have access to all other accounts that you have linked.

5. Eligible Accounts.  To access your accounts through the Service, you must have at least one eligible account with us.  We reserve the right to change or limit the types of Accounts that are eligible for consumer and/or business account holders. An Account that requires two or more signatures to make withdrawals, transfers or transactions cannot be designated as an eligible Account.

• Consumer Accounts - An account established by a natural person primarily for personal, family, or household use, and not for commercial use. By enrolling, you authorize us to provide you with access to all eligible accounts held in your name and/or that you hold jointly with others that are open at the time the service is initially provided, or that are opened in the future.

• Business Accounts - An account established primarily for business purposes.  In order to access multiple accounts, the signers must be the same for all accounts requested. If an eligible business account is added to your consumer set-up, there must be one common owner or signer on that account(s). Non-profit accounts cannot be added to a consumer account set-up. You are responsible for notifying us if the signature authority changes on your eligible business accounts.

6. Fee Schedule. The following fees are in addition to any fees and service charges relating to the accounts you currently have with us, and any fees charged by third party providers including your communications and Internet Service Provider (ISP) such as your telephone company and AOL, Microsoft Explorer, etc.:
Online Banking Fees for Consumer Accounts
Online Account Access………………………………………Free
Online Bill Pay ………………………………………………..Free

Online Banking Fees for Business Accounts
Online Account Access………………………………………Free
Online Bill Pay ………………………………………………..Free

7. Email. You can use email to contact us about inquires, maintenance and/or problem resolution issues. Email is not a secure method of communications over the Internet and we recommend you do not send or request confidential information, such as account numbers, by email. If the matter of the inquiry is urgent, please contact your banking office or call us at 610-297-4040.

8. Liability.  We will make every attempt to help you should problems arise out of your use of the Services. However you must understand that you are solely responsible for controlling the safekeeping of and access to your (PIN). You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify the Bank and arrange to change your PIN. You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. The Bank is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment. The Bank is not liable for any failure to make a bill payment if you fail to promptly notify the Bank after you learn that you have not received credit from a merchant for a bill payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank’s agent. In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Services, even if the Bank has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank’s reasonable control.

9. Security.  Keeping your online information secure is a shared responsibility. We have done the following to ensure your transactions are secure:
• When communicating highly confidential information such as account numbers, the Service requires 128 bit domestic grade encryption to help safeguard your information.
• Encryption scrambles your message when it is sent so that only the receiver, us or our Service vendor can decode it and read it.
• We also require Access IDs or PIN’s to help ensure that your transactions on the Internet are safe and secure.
• When you log onto our Service, we authenticate your identity by your Access ID and PIN.
• We have firewalls built into the transmission systems to allow entry only to those who are authorized.
You can help ensure confidentiality and security of Online Banking:
• Select an Access ID and PIN that is not easily guessed.
• Change your Access ID and PIN occasionally.
• If you think your Access ID and PIN have been compromised, change it immediately online. You should then verify that no unauthorized transactions occurred on your account. If they have, see Number 13 - Reporting Unauthorized Transactions below.
• Do not leave your computer unattended if you are still logged onto the Service.
• When you have completed your Online Banking, always remember to click “EXIT” before visiting other Internet web sites.
• If others use your computer, clear your cache or turn off your browser in order to eliminate copies of web pages that have been stored in your hard drive. Refer to your browser instructions on how to clear cache.

10. Overdrafts.  You must maintain sufficient available funds in your account in order to complete all bill payment requests or transfer of funds. If we complete a payment or transfer that you authorize and we subsequently learn there are insufficient funds to pay for the transaction, you understand that the transaction will be reversed and may be offset with funds from any account you have with us, whether designated for Internet Banking or not.

11. Transactions Limitations.  Your ability to make transfers from your savings accounts and money market accounts is restricted by Federal Reserve Board Regulation D. For savings and money market accounts you may make up to six transfers or withdrawals by means of a preauthorized, automatic, or telephonic transfer to another account of yours or to a third party during any calendar month. Of these six, you may make no more than three transfers to a third party by check, debit card, or similar order.

12. Account Information.  All account balances reported on the Service are as of close of business the previous business day.  Information you obtain through the Service about your account balances, deposits, checks paid, or any other transactions may not reflect transactions which have not yet been posted due to the cut off time.  You should be aware of these posting limitations when you attempt to perform any transactions based on this information.  Items received before the cut-off time on any business day will be posted on the day received.  Items received after the cut-off time on any business day will be processed on the next business day.  Any item initiated on a non-business day will be initiated on the next business day.

13. Reporting Unauthorized Transactions.  You should notify us immediately if you believe that an unauthorized transaction has been conducted from one of your eligible accounts.  Contact us at:

Team Capital Bank
2151 Emrick Blvd.
Bethlehem PA 18020
Phone - 610-297-4040
Fax - 610-867-1065

14. Error Resolution Notice (Applicable to Consumer Accounts Only).  If you think your statement is incorrect or you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after the first statement was sent to you on which the problem or error appears. You must:

• Tell us your name and account number(s).
• Describe the error or 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.
• 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 ten (10) business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error so that you will have 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/or we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three (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.

Please refer to Team Capital Bank’s Electronic Fund Transfers-Your Rights and Responsibilities for more information on your rights and obligations concerning unauthorized or erroneous electronic transactions.

15. Provisions Applicable to Business Accounts Only.  The loss, theft or unauthorized use of your Access IDs could cause you to lose all of the money in your account, plus any amount available under your overdraft protection credit line. Your use of the Services under an eligible non-consumer deposit account is your agreement to assume all risks and losses associated with the disclosure of your Access IDs to your employees or other persons.  You agree to limit disclosure of your Access IDs to those employees and other persons you authorize to use the Services.
The owners of business and other non-consumer Accounts assume sole responsibility for any unauthorized use of the Access IDs and shall immediately indemnify, defend and hold Bank harmless from all claims, actions, proceedings, losses and damages related to or arising out of any authorized transaction.
The individual who executes this Agreement represents and warrants that they are acting with full authority for the applying entity, and that they are duly authorized to execute this Agreement on behalf of the applying entity.

16. Other Agreements. This agreement is in addition to other agreements between you and the Bank, including the applicable deposit account agreements, account terms and conditions, and the Bank’s account rules and regulations and the terms of your loan agreements.  If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of any other agreements between you and the Bank as it relates to the Service, then the terms of this Agreement will control.

17. Amendment and Termination.  If the Bank needs to change this agreement at any time (which it has the right to do), the Bank will notify you by mail at the last address shown for the account on the Bank’s records or by posting notice in branches of the Bank, or as otherwise permitted by law.  The Bank has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Bank. The Bank is not responsible for any fixed payment(s) made before the Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Bank in your behalf.

18. Domicile: Governing Law. All transactions and other matters concerning this account are governed by federal law and the law of the state in which the banking office at which you opened your account is located (to the extent that state law is not preempted by federal law).  Federal and state law shall be applied without giving effect to principles of conflicts of law.
The Bank’s Bill Pay Service (“Bill Pay”) is one of the services available as part of Team Capital Bank’s Online Banking Service.  All of the terms and conditions of your Online Banking Service Agreement also apply to Bill Pay and are incorporated into this Agreement by reference.

1. Description.  You may use the Bill Pay service to direct the Bank to make payments from your Checking Account to third parties (“Payee”) whom you have selected to receive payments.  You may use Bill Pay to make current, future and automatic (recurring) payments.

2. Enrollment.  You may enroll in the Bill Pay Service by accessing the Service through the Bank’s website.

3. Payees.  Using the Bill Pay Service you may pay Payees within the United States that have approved by the Bank for payment through Bill Pay. We are unable to process any payments to federal, state, or local tax agencies or court-ordered payments, and you agree that you will not attempt to use Bill Pay to make such payments. The Bank reserves the right to refuse the designation of a Payee for any reason.

4. Limitations on the Bank’s Liability.   In addition to the limitations on the Bank’s liability set forth in the Agreement which are incorporated into this Agreement by reference, the Bank will not be liable if:

a) A bill payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your authorized payee list;
b) Through no fault of the Bank's, you do not have enough money (available funds) in your account to make the transaction;
c) The transfer would go over the credit limit on any previously authorized overdraft line;
d) The Bill Pay Service was not working properly and you knew about it when you started the transaction, or other equipment or software malfunctions occurred at the time you initiated the transaction;
e) Circumstances beyond the Bank's control (such as power failure, fire or flood) prevent the transaction from occurring, despite reasonable precautions the Bank has taken.

5. Liability for Acts or Omissions of Others.  The Bank shall not be liable to you, to any Payee or to any third party for any error, delay, insolvency, neglect, misconduct, mistake or default of any other bank, person or entity.

6. Business Day.  A business day is Monday through Friday except for Federal Holidays.

7. The Bill Paying Process.

• Single Payments - Payment will be processed on the business day that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date. A single payment submitted after the cut-off time on the designated process date will be processed on the following business day. If you designate a non-business date as the payment’s process date, the payment will be processed on the first business day following the designated process date.

• Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date, it is adjusted based upon the option you selected when setting up the recurring payment.  If you designate a processing date of the 29th, 30th or 31st of the month and that date does not exist the month, the process date will default to the previous business Day.

You must allow at least five (5) business days, prior to the due date, for each bill payment to reach the Payee. Any bill payment can be changed or canceled, provided you access the Bill Pay Service prior to the cut-off time on the business day prior to the business day the bill payment is going to be initiated.  The financial institution reserves the right to change the cut-off time.

7. Payment Methods.  The Bank reserves the right to select the method in which to remit funds on your behalf to the Payee.  These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or by a remotely created check.

8. Third Party Processors.  The Bank uses nonaffiliated third parties acting on our behalf to process Bill Pay payments. The Bank’s third-party processor is required to adhere to the Bank’s standards of security and privacy protection.  The Bank or our third party processor reserves the right to deny enrollment in the Bill Pay service at any time.

9. Available Funds. You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as any other payment obligations you have to the Bank.  The Bank reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement.  If you do not have sufficient funds in the account and the Bank has not exercised its right to reverse or reject a bill payment, you agree to pay for such obligations on demand.  You further agree the Bank, at its option, may charge any of your accounts with the Bank to cover such payment obligations.

10. Change or Cancellation of Payments.  Any bill payment can be changed or cancelled, provided you access the Bill Pay Service prior to the cut-off time on the business day prior to the business day the bill payment is to be initiated.

11. Fees. The Bank’s current fees for its Bill Pay Service are set forth in its current Fee Schedule.  The Bank has the right to increase the amounts of its fees or to add new fees from time to time by giving you notice of the increased or new fees.

12. Stop Payment.  The Bank’s ability to process a stop payment will depend on the payment method and whether or not a check has been paid.  The Bank may also not have a reasonable opportunity to act on any stop payment after a payment has been processed.  If you desire to stop any payment that has already been processed, you must contact the Bank by calling 1-888-693-4060.  Although the Bank will make every effort to accommodate your request, the Bank will have no liability for failing to do so.  The Bank may also require you to confirm your stop payment order in writing within fourteen (14) days.  The fee for each stop payment order is set forth in the Bank’s current Fee Schedule.

13. Information Verification. The Bank is authorized to obtain financial information regarding your account from a Payee or a credit bureau to resolve payment posting problems, for verification and for other business reasons.

14. Confidentiality.  The Bank will disclose information to third parties about your account or the transfers you make (i) where it is necessary for completing transfers, (ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or Payee, (iii) in order to comply with government agency or court orders; (iv) if you give the Bank your permission, (v) in accordance with the Bank’s Privacy Policy, or (vi) as permitted by law.

15. Duty to Examine Bank Statements.  All of the payments made through Bill Pay will appear on your monthly checking account statement.  The Bank will send or make available to you a periodic statement containing a record of all payments made during that period.  In order to preserve your rights, you must examine the statement and the payments appearing on it and notify the Bank in writing of any error or irregularity appearing on the statement within 60 calendar days after the statement is made available to you.  If written notice is not received by the Bank within the 60-day period, then the statement will conclusively be deemed to be correct and the Bank will have no liability to you.

16. Exclusion of Warranties.  The service is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.