Personal and Small Business Online Banking Agreement and Disclosures

INTRODUCTION

Alma Bank (the “Bank,” “we,” “us,” or “our”) is pleased to offer its customer (“you”) the convenience of 24-hour banking through Alma Bank Personal and Small Business Online Banking (“Online Banking”). When you log in to Online Banking, you acknowledge that you have received and understand the terms of this Consumer and Small Business Online Banking Agreement and Disclosures (the “Online Banking Agreement”) and agree to be bound by these terms. Please read this Agreement carefully because it tells you about your rights and responsibilities for EFT transactions processed using Online Banking. You should keep this Online Banking Agreement for future reference.

This Agreement supplements the terms of the other agreements you have entered into with us, including, but not limited to the Funds Availability Disclosure Policy, Privacy Notice, and  Terms and Conditions of your Account, as applicable, and related fee schedules and disclosures that govern the terms, conditions, and fees of your deposit account(s) with us, each as may be amended from time to time (such account agreements, fee schedules and related disclosures being referred to individually as an “Account Agreement”, and collectively as “Account Agreements”).

This Agreement may be amended by us from time to time and notice of such change will be provided to you by us as may be required by applicable law.

ELECTRONIC DISCLOSURES

By accepting this Online Banking Agreement, you are enrolled and consent to receive all disclosures relating to your account electronically either by email or by push notification that disclosures are available on the Bank’s website. Agreeing to accept disclosures electronically means that once the Bank presents them to you, and if necessary, you click to accept them, they will apply to you and all of your accounts.

You must provide a current and valid email address. To update your contact information regarding your email address:

1. Login to your Online Banking.
2. Click on dropdown arrow next to your Username in the top right corner.
3. Go to Settings.
4. User Profile.
5. Select the edit icon next to your current email address.
6. Enter your new email address.
7. Select Update Email.

If you have any questions or need help, just submit a message from within the Online Banking by clicking “Support” in the banner, then choose “Send/Receive a Secure Message.”

You have the right to withdraw consent to have disclosures provided electronically. If you choose to discontinue receiving disclosures electronically or you wish to receive a paper copy, you may do so by sending an email from the Bank’s website, by calling 855-541-1000 or through Online Banking by selecting “Support” then “Send/Receive a Secure Message”. The withdrawal will become effective only after we have a reasonable time period to process your request. There are no fees to process the withdrawal of consent to receive electronic communications or for obtaining paper copies of our disclosures. Withdrawing your consent will apply to all your accounts and all document types.

Equipment Requirements

To receive disclosures electronically you must have Adobe Reader Version 8.0 or higher.

SECURITY

We are committed to protecting your personal and financial information. Our Electronic Banking system utilizes Secure Sockets Layer (“SSL”) technology to support the secure transmission of personal and account information over the internet. SSL technology encodes information sent over the internet between your computer and the Bank. The use of SSL technology and 128-bit encryption help ensure that your personal information remains confidential. In addition to SSL technology, we have implemented the following security procedures:

• The service will automatically log off if prolonged periods of inactivity occurs (generally 15 minutes or longer).
• Your account will be locked after three consecutive invalid password attempts.
• Account alerts and service alerts to notify you of activity on your account.
• If you log in from an unregistered computer, you will be prompted with out-of band authentication using email or short-messaging-service text (“SMS”) messaging to an existing telephone number already on record with the  Bank. 

The use of SSL requires that you access our Online Banking system with an SSL-compatible browser. We support the latest version of Microsoft Edge, Firefox, Internet Explorer, Apple Safari, and Google Chrome. 

Passwords

Your Online Banking account information is available to you with the use of a user ID and password (“Login Credentials”) of your choice. You can safeguard your account information by protecting your Login Credentials. Keep your Login Credentials confidential and do not provide them to anyone else. If you give your Login Credentials to anyone, you may be responsible for any loss resulting from that disclosure. You may change your Login credentials at any time. We recommend you change your Login Credentials at least once every 90 days. Your Login Credentials cannot be similar to other personal information, be a commonly used password or entirely numeric. Your password must contain at least twelve characters. We recommend using a combination of upper- and lower-case letters interspersed with numbers.

Virus Protection

You agree that we are not responsible for any electronic virus that you may encounter using Online Banking. We encourage you to routinely scan your computer and media using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

CUSTOMER SERVICE INFORMATION

For questions concerning your account or service, contact:

ALMA BANK 
Customer Care Team 

Business Hours: Monday through Friday 9:00 a.m. - 5:00 p.m. Eastern Time excluding federal holidays

Phone: 855-541-1000
contactus@almabank.com

ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT

This disclosure is to inform you of your rights under the Electronic Fund Transfer Act. The Electronic Fund Transfers we are capable of handling are indicated below. Additional services may be provided in the future as they are developed. Please read this Disclosure Statement carefully and keep it for future reference.

Permissible Activities for Bank Accounts

You may perform the following activities with Online Banking for your eligible accounts which include checking, statement savings, money market or certificate accounts:

Account Inquiry: You may get account information (such as balances) and view up to 24 months of transactions for your eligible accounts.

Review statements: You may view statement activity for your eligible accounts.

Review Cleared Checks: You may view and print both the front and back of available digital images of checks that have been paid on your Deposit accounts.

Self-Initiated Services: You may initiate services such as stop payments or check orders through Online Banking.

Funds Transfer: You may transfer funds between your eligible deposit accounts at the Bank.

External Funds Transfer: You may transfer to or from checking and savings accounts you own at other financial institutions in accordance with our External Funds Transfer Agreement.

Loan Payments: You may make payments to your eligible loan accounts.

Bill Payments: You may make payments to various third parties from your eligible account(s). You must have a Checking Account to use the Bill Payment Service. Your ability to make certain payments or pay certain third parties may be prohibited as described in this Online Banking Agreement.

Business Day

Business day means Monday through Friday excluding Federal holidays. If you initiate a transfer before 11:00 p.m. Eastern Time on a business day the Bank is open using Online Banking, we will consider that day to be the day of your transfer. However, if you make a transfer after the cut off time or on a day we are not open, we will consider that the transfer was made on the next business day we are open.

In Case of Errors or Questions About Your Electronic Transfers or Payments

In case of errors or questions about your electronic transfers, if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt, call or write us at the telephone number or address listed below, as soon as you can. 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 transfer about which you are unsure,  and explain as clearly as you can why you believe it is an error or 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 calendar days after it is established, unless you already have an established account with us before this account is opened.

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 inspect or ask for copies of the documents that we used in our investigation. If there is no error, we may impose on you a reasonable charge for making such reproductions.

ALMA BANK
ATTN: ELECTRONIC BANKING 
28-31 31st Street
Astoria, NY 11102
Business Hours: Monday through Friday 9:00 a.m. - 5:00 p.m. Eastern  Time
excluding federal holidays 
Phone:  855-541-1000
electronicbanking@almabank.com  
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

Consumer Accounts Only - 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 calendar 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 the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Your Liability for Unauthorized Transfers for Consumer Accounts

If you tell us within 2 business days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within 2 business days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly bank statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If there is a delay in you notifying us due to extenuating circumstances, we may extend the times specified above to a reasonable period.

Unauthorized Transfers

In New Jersey and New York

Generally. Tell us AT ONCE if you believe your debit card and/or personal identification number (“PIN”) has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your debit card and/or PIN, you can lose no more than $50 if someone used your debit card and/or PIN without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your debit card and/or PIN, and we can prove we could have stopped someone from using your debit card and/or PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by debit card, PIN or other means, 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.

Stop Payments

Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may require you to present your request in writing within fourteen (14) days after your call.

The fee for stop payments can be found in our Fee Schedule ALMA Bank > Fee Schedule.

Liability for failure to stop payment of preauthorized transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses and damages.

Unless otherwise provided in this Online Banking agreement, you (the consumer) may not stop payment of electronic fund transfers, therefore you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.

Notice of Varying Amounts

If your regular payments may vary in amount, the payee (i.e., the person you are going to pay) will tell you 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Documentation

You will get a monthly account statement from us for your deposit accounts.

Financial Institution Liability

We will use our best efforts to make all of your payments properly. However, neither the Online Banking Service nor Bank shall incur any liability and any Service Guarantee shall be void if the Online Banking Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

If, through no fault of the Online Banking Service, your eligible checking or savings account (the “Payment Account”) does not contain sufficient funds to complete the transaction;

The payment processing center is not working properly, and you know or have been advised by the Service about the malfunction before you execute the transaction;

If the funds are subject to legal process or other encumbrance restricting such transfer;

You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,

Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY as set forth in the Alma Bank Privacy Notice which is available at https://www.almabank.com/Privacy-Security/Privacy-Policy.

DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; JURY AND CLASS WAIVER; OPT-OUT RIGHT; LIMITATION ON CLAIMS AND DAMAGES

Bank and you agree that any Dispute (as defined below) relating in any way to your account or transactions, or otherwise arising under or related to this Agreement, will be resolved by the dispute resolution procedures described below, which include mandatory binding individual arbitration. YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS SPECIFICALLY DESCRIBED BELOW, YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION.

Arbitration Provision

This section is referred to as the Arbitration Provision. By having an account, you agree that if you have a Dispute (as defined below) with Bank (as defined below), and we are not able to resolve the Dispute informally, you and Bank agree that any Dispute you have with or against the Bank and its employees, directors, agents, representatives and/or affiliates, service providers and their employees, directors, and agents (all, collectively referred to as “Bank” for the purposes of this Arbitration Provision) in any way arising out of or related to your account, or any feature, product, or service in any way associated with your account, will be resolved by mandatory binding arbitration (“Arbitration”) pursuant to these Arbitration sections. Any Arbitration will be limited to addressing a Dispute individually and will not be part of a class-wide or consolidated arbitration proceeding.

Agreement to Arbitrate

You agree that any Dispute will be resolved by Arbitration in accordance with federal law (including the Federal Arbitration Act) and the laws of the State of New York.

Arbitration Defined

Arbitration is a means of having an independent third party resolve a Dispute. The term “Dispute” is given its broadest possible meaning and includes, without limitation, all causes of action, claims, controversies, demands, and/or disputes of any kind – including those that arose before the effective date of this Online Banking Agreement or any prior deposit account agreement or that may arise after the termination of this Online Banking Agreement or after your declaration of bankruptcy - based on any legal or equitable theory (tort, contract, or otherwise, including claims related to advertising, promotions, or disclosures), and regardless of the type of relief sought (i.e., monetary, injunctive relief, or declaratory relief) and whether such Dispute is based on a federal or state constitution, statute, ordinance, regulation, contract, or common law. Dispute includes not only any claim, dispute or controversy directly between you and the  Bank, but also any such matter with respect to anyone connected with you or claiming through you, such as an account holder, account beneficiary, trustee, guardian, executor, administrator, conservator, custodian, heir or any other representative or agent including but not limited to authorized users of your account. A Dispute includes initial claims, counterclaims, cross-claims and third-party claims. A Dispute does not include any issue concerning the validity, enforceability, or scope of the waiver of class action lawsuit and class-wide arbitration contained in the Arbitration Provision, which will be adjudicated by a state or federal court of competent jurisdiction.

YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THE ARBITRATION PROVISION:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST BANK;
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT OF LAW RESOLVE ANY DISPUTE ALLEGED AGAINST BANK; AND
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING OR RELATED TO A DISPUTE FILED AGAINST BANK.

Choice of Arbitrator

Bank may demand Arbitration by sending notice by certified mail return receipt requested to you at the address associated with your account in Bank’s records. It is your responsibility to provide Bank with updated information regarding your address. You may demand Arbitration by sending notice to the Bank by certified mail return receipt requested to: Alma Bank, ATTN: Electronic Banking, 28-31 31st Street, Astoria, NY 11102. Any such notice of demand for Arbitration must indicate your intent to arbitrate, provide a description of the Dispute, and include the relief requested, even if a lawsuit has been filed. Regardless of who demands Arbitration, you have the right to select any of the following arbitration organizations to administer the arbitration: The American Arbitration Association (1-800-778-7879) http://www.adr.org; JAMS (1-800-352-5267) http://www.jamsadr.com; or an arbitration organization agreed upon by you and Bank. The party receiving notice of Arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. You understand that if you demand Arbitration, you must inform us of your demand and of the arbitration organization you have selected. You also understand that if you fail to so notify us, then we have the right to select the arbitration organization. Any Arbitration under this Online Banking Agreement and this Arbitration Provision may be conducted at any location in New York State within fifty (50) miles of your primary residence or business location, at your choice. This accommodation shall not be construed to allow for the application of any law other than New York law.

Cost of Arbitration

If you initiate an Arbitration of claims in the amount of $75,000 or less, the Bank will pay the initial filing fee and any other pre-award fees assessed by the Arbitration organization or arbitrator. Except where otherwise provided by New York or federal law, each party will be responsible for its own attorneys’ fees and other expenses. Unless prohibited by law, the arbitrator may award arbitration fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the Arbitration.

WAIVER OF JURY TRIAL AND WAIVER OF ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION

THE ARBITRATOR HAS THE ABILITY TO AWARD ALL REMEDIES AVAILABLE, WHETHER AT LAW OR IN EQUITY, TO THE PREVAILING PARTY, EXCEPT THAT THE PARTIES AGREE THAT THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS-WIDE PROCEEDINGS AND WILL BE RESTRICTED TO RESOLVING THE DISPUTES BETWEEN THE PARTIES ON AN INDIVIDUAL BASIS. IN NO EVENT SHALL THE ARBITRATION PROCEED ON A CLASS-WIDE BASIS, OR ON ANY OTHER BASIS BESIDES AN INDIVIDUAL ARBITRATION BETWEEN YOU AND THE BANK. IF THE ARBITRATOR FAILS OR REFUSES TO ENFORCE THE WAIVER OF CLASS-WIDE ARBITRATION, THE PARTIES AGREE THAT THE ISSUE OF CLASS-WIDE ARBITRATION WILL BE SUMBITTED TO A COURT OF COMPETENT JURISDICTION AND WILL BE DECIDED BY THE COURT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF NEW YORK  FOR PURPOSES OF THIS ARBITRATION PROVISION. IN THE EVENT THAT SUCH FEDERAL DISTRICT COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION OVER SUCH DISPUTE, YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THE COURT OF THE STATE COURTS OF THE CITY OF NEW YORK, COUNTY OF QUEENS.

OPT-OUT PERIOD

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT-OUT OF ARBITRATION BY SENDING WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF ARBITRATION VIA EMAIL TO: OPTOUT@ALMABANK.COM, OR BY MAIL TO: ALMA BANK, ATTN: ELECTRONIC BANKING, 28-31 31st STREEST, ASTORIA, NY 11102, WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVED A COPY OF THIS AGREEMENT CONTAINING THIS ARBITRATION PROVISION.  IF YOU DO NOT SEND SUCH NOTICE WITHIN THOSE 30 DAYS, YOU AGREE THAT YOU ARE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION.

Time Limitation of Claims and Recoverable Damages

ANY DISPUTE AGAINST US ARISING FROM YOUR ACCOUNT OR THIS ONLINE BANKING AGREEMENT MUST BE BROUGHT AGAINST US WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES OR ELSE IT SHALL BE BARRED UNLESS FEDERAL OR STATE LAW OR AN APPLICABLE AGREEMENT PROVIDES FOR A SHORTER TIME. THIS LIMIT IS IN ADDITION TO LIMITS ON NOTICE AS A CONDITION TO MAKING A LEGAL CLAIM. IF APPLICABLE LAW DOES NOT PERMIT A CONTRACTUAL SHORTENING OF THE TIME DURING WHICH A LEGAL CLAIM MUST BE FILED TO A PERIOD AS SHORT AS TWO (2) YEARS, YOU AGREE TO THE SHORTEST PERMITTED PERIOD UNDER APPLICABLE LAW. ANY RECOVERABLE DAMAGES UNDER ANY CLAIM AGAINST US IS ALSO LIMITED TO DAMAGES INCURRED DURING THE TWO (2) YEAR PERIOD IMMEDIATELY PRECEDING YOUR INITIATION OF THE CLAIM OR, IF GREATER, THE SHORTEST PERIOD PERMISSIBLE UNDER APPLICABLE LAW.

UNIFIED LOGIN

The Online Banking Service provides the ability to switch between multiple online profiles on your device allowing quick access to those accounts without needing to login each time.

To link a new profile, select the dropdown arrow next to your Username and then select Link Another Profile. You will be prompted to enter the log in credentials for that profile and complete the multi factor authentication. The now connected profile is linked and can be retrieved in the future under the Username dropdown.

To remove a linked profile, select the dropdown arrow next to your Username and click on the three dots next to the username you would like to unlink, then select “Unlink.”

BILL PAY AGREEMENT 

Online Bill Payment Service: 

This section provides guidance on the use of our online bill payment service, which allows you to direct us or our service provider through the “Bill Pay” feature in Online and Mobile Banking (the “Online Bill Payment Service”) to make check or electronic automated clearinghouse (ACH) payments from checking accounts on which you are an owner or authorized user (each, an “Account”) to an individual, financial institution, educational institution, company, merchant, or other entity you wish to pay using the Online Bill Payment Service (each, a “Payee”) that you choose in accordance with this Bill Pay Agreement (“Bill Pay Agreement”). The term “Business Day” as used in this Bill Pay Agreement means Monday through Friday, excluding federal holidays.

a. Transaction Responsibilities: We will use commercially reasonable efforts to process your one-time or recurring payments in accordance with your instructions that you input into the Online Bill Payment Service. You will be prompted in the Online Bill Payment Service to select an Account from which your payment is to be made, and it is your sole responsibility to make sure the Account you select for the payment is correct.  Unless otherwise prohibited by federal laws, rules, or regulations, and to the extent not preempted by federal law, the laws of the State of New York (“Applicable Law”), neither we, or our service provider shall be liable for failure to make any payment if: (1) your Account does not have sufficient funds to complete the payment; (2) a legal order prohibits withdrawals from your Account; (3) your Account is closed, frozen, or is otherwise not authorized to be debited for the payment amount; (4) the transaction would cause you to exceed your available Account balance for the Account you are using for the payment; (5) you, or anyone whom you allow to access your Account, commits fraud or violates any law or regulation in connection with the Online Bill Payment Service; (6) the Online Bill Payment Service is not working; (7) you did not provide accurate information for the Account, payment, or Payee; (8) you did not follow the instructions of the Online Bill Payment Service, you did not comply with the terms or conditions of this Bill Pay Agreement, or as may otherwise be provided in the Personal and Small Business Online Banking Disclosure; (9) there is a postal delay; (10) circumstances beyond our control (such as fire, flood, or improper transmission or handling by a third party) prevent, hinder or delay the transaction; or (11) you are sending a payment to a Payee that is outside of the United States of America or its territories.

b. Your Responsibilities: You understand that you are responsible for any payment request that you make that contains errors or is a duplicate of another payment or payment request. Neither we, nor our service provider are liable: (1) if you did not provide correct instructions for making the payment; (2) if you failed to promptly notify us after learning that you did not receive a credit from a Payee; or (3) for your acts or omissions or those of any other person, including any Payee or transmission or communications facility, and no such party shall be deemed our or our service provider’s agent. Under no circumstances shall we or our service provider be liable for any special, consequential, incidental or punitive losses, damages, or expenses in connection with the Online Bill Payment Service, even if we and/or our service provider have knowledge of the possibility of them. Neither we nor our service provider are liable for any act, failure to act or delay in acting with respect to the Online Bill Payment Service if caused, in whole or in part, by any cause beyond our and/or our service provider’s reasonable control.

c. Setting Up and Maintaining Payees: In order to use the Online Bill Payment Service, you will need to establish at least one Payee in your Payee list within the Online Bill Payment Service. You may add, modify or delete Payees as necessary. All Payees must have a physical address within the United States of America of America or its territories. We and/or our service provider reserve the right to remove or refuse a Payee at any time in our sole discretion. You are responsible for maintaining your Payee list within the Online Bill Payment Service and ensuring all Payee information is accurate including, but not limited to the Payee’s name and address, your account number with Payee, name on your account with Payee, etc.

If you are a business customer, when you first apply for the Online Bill Payment Service, it will be in temporary status (up to three (3) business days) until we have had sufficient time to approve your application for service.

For all customers, you should schedule a payment to a new Payee at least ten (10) Business Days before any payment due date to allow us time for the new Payee to receive the payment. In addition, the Bank is not liable for any service fees or late charges levied against you due to postal delays, processing delays by the Payee, or your failure to schedule a payment with enough lead time for us to process your payment request. There is no limit on the number of Payees you can set up or number of payments that you can schedule in the Online Bill Payment Service. However, the Bank reserves the right to impose limits on the number of Payees or the number of payments you can make at some future date, in its sole discretion, and, if such limits are imposed in the future, notice will be provided if and as necessary in accordance with Applicable Law. Electronic ACH payments are subject to the availability of sufficient funds in the Account from which the payment will be made. For Small Business customers, if the Account you use to make payments is a Money Market Account, then a fee may be assessed based on the number of payments you make in a given calendar month as disclosed in the Truth in Savings section of your Account disclosures or the Fee Schedule.  . For electronic ACH payments, you acknowledge and agree that if you provide a Payee name that does not match the account number of that Payee, your payment will be made only on the basis of the account number regardless of the name provided.  Likewise, it is your sole responsibility to make sure that you provide the correct account number for the Payee.

For payments to an existing Payee, you must allow at least five (5) Business Days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the Payee, not including any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other actions taken by the Payee.

d. Setting Up Payments: You may set up one time or recurring payments to your Payees. To set up a payment, you must select a Payee from your Payee list in the Online Banking Payment Service and follow the instructions for scheduling a payment. You are solely responsible for canceling, skipping, rescheduling, or revising any recurring payments. Our service provider and/or we retain the right to cancel or refuse to make a payment for any lawful reason at any time such as suspected fraud. Requested payments are forwarded to our service provider who will transfer the funds to the Payee either electronically or by sending the Payee a paper check.

If the funds are sent electronically, your payments will be deducted from your Account by a direct ACH debit through Federal Reserve Banking channels. Payments made via ACH are subject to the rules of the National Automated Clearing House Association (NACHA). If payment is to be made electronically and your Account does not have sufficient available funds to make a payment as of the date the payment is attempted or scheduled to be made, the payment will be canceled, and you will be notified via the Online Bill Payment Service’s Secure Messaging center. The Bank shall have no obligation or liability if it does not complete a payment because there are insufficient available funds in your Account used to make the payment. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Online Bill Payment Service when you have sufficient funds in your Account. In the case of recurring payments, only the payment currently scheduled will be skipped if there are insufficient funds at the time that payment is scheduled to be made. Recurring payments scheduled for future dates will not be affected so long as there are sufficient funds in your Account associated with that recurring payment at the time those future recurring payments are scheduled to be made.

When you schedule a payment that will be made by check, the payment will be treated as if you wrote a check drawn from your Account. A check will be printed and sent regardless of the balance in the Account from which your payment will be processed. If sufficient funds are not available in that Account when the check is presented for payment, we may refuse to honor the check and return it unpaid. At our sole discretion, we may elect to pay the check regardless of the insufficient funds. In either event, the Account from which your payment was processed will be charged the current fee for processing Non-Sufficient (“NSF”) or Unavailable Funds (“UAF”) items, whether the check is paid or returned, as applicable. You are responsible for any loss or penalty that you may incur due to a lack of sufficient funds or other conditions that may prevent the withdrawal of funds from that Account. Payments made by paper checks processed by our service provider may show as drawn on the service provider or its bank rather than on you or on the Bank.

e. Return Payments: You acknowledge that your payments may occasionally be returned for reasons such as an incorrect account number or routing number, an incorrect email address, an invalid Payee account or Payee address, the Payee rejecting or returning the payment, or because the Payee account has already been paid in full or transferred to another company or individual. The Online Bill Payment Service shall use commercially reasonable efforts to research and correct the returned payment or void the payment and credit your Account from which the payment was made if your Account was debited. We will endeavor to notify you of such occurrences.

f. Types of Payments: You may establish both one-time and recurring payments using the Online Bill Payment Service. One-time payments are made in accordance with your set up instructions and occur when you submit the request for payment, which should be at least five (5) or ten (10) Business Days in advance of the payment due date in accordance with the preceding provisions of this Bill Pay Agreement. Recurring payments are payments made for the same amount, on a regular schedule. Recurring payments are made automatically until you delete or cancel the recurring payment or upon the expiration date, or set number of payments, that you set up in the Online Bill Payment Service at the time you create or last modify the recurring payment. 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 Day, it is adjusted based upon the following criteria: (i) if the recurring payment’s “Pay Before” option is selected, the process date for the new occurrence of the payment is adjusted to the first Business Day prior to the calculated process date; (ii) if the recurring payment’s “Pay After” option is selected, the process date for the new occurrence of the payment is adjusted to the first Business Day after the calculated process date. Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last Business Day of that month is used as the calculated process date.

To delete, modify, or cancel a recurring payment, the request must be received prior to 4:00 p.m. Eastern Time on the scheduled payment date.

g. Limitations on Payments: (i) For consumer customers, the maximum per payment amount for the Online Bill Payment Service is $10,000. The maximum daily limit for the Online Bill Payment Service for all payments in total is $20,000, except for “pay a person” payments for which the maximum per payment limit is $1,000 and for which the maximum daily limit is $2,500 per day in total for all “pay a person” payments, and except for “pay by email” payments for which the maximum per payment limit is $1,000 and for which the maximum daily limit is $2,500 per day in total for all “pay by email” payments. We may change these limits at any time without notice unless otherwise required by Applicable Law. (ii) For business customers, the maximum per payment amount for the Online Bill Payment Service is $10,000. The maximum daily limit for the Online Bill Payment Service for all payments in total is $20,000. We may change these limits at any time without notice unless otherwise required by Applicable Law.

h. Timing, Editing or Canceling Payments: Payments requested before 4:00 p.m. Eastern Time on a Business Day will be processed on the same Business Day. Those initiated after that time on a Business Day, or those initiated on a non-Business Day, will be processed on the next Business Day.

Changes to previously scheduled Recurring payments must be made before 4:00 p.m. Eastern Time on the Business Day it is scheduled to be initiated. If the transaction shows an (IN PROCESS) status, then the payment cannot be modified or deleted. Although you can enter payment information through the Online Bill Payment Service twenty-four (24) hours per day, seven (7) days per week, the Bank only initiates these payments on Business Days. Funds must be available in your Account from which the payment will be made on the scheduled payment date. After funds are withdrawn from your Account to make an electronic ACH payment, we make the payment by transferring funds electronically to the Payee. A one-time payment will be processed on the Business Day that you designate as the payment’s process date, provided the payment is submitted prior to 4:00 p.m. Eastern Time on that date. A one-time payment submitted at or after 4:00 p.m. Eastern Time on a Business Day, or on a non-Business Day, will be processed on the next Business Day. If you designate a non-Business Day as the payment’s process date, the payment will be processed on the first Business Day following the designated process date.

i. Notifications: The system permits you to establish notifications for a variety of events. To learn more about this service, select View Alerts under My Account Information. Please note that some alerts cannot be disabled for security reasons.

j. Canceling, Terminating or Requesting a Stop Payment on a Payment: You may cancel a pending payment prior to 4:00 p.m. Eastern Time on the day the payment is scheduled to be made. If we do not receive your instructions to cancel before that time, we may process the payment. A stop payment cannot be placed on an electronic ACH payment once issued. If the payment is a check drawn on your Account, you may stop payment on the check until the check has been presented for payment by the Payee. Call our Call Center at 855-541-1000 to place a stop payment on a check issued from your Account per your instructions through the Online Bill Payment Service. The standard stop payment fee will be charged. There is no fee for canceling a payment initiated through the Online Bill Payment Service so long as you cancel the scheduled payment before 4:00 p.m. Eastern Time on the day the payment is scheduled to be sent. In the event a payment is returned to us for any reason, you authorize us, in our sole and absolute discretion, to either research and correct the payment information or void the payment and re-credit your Account from which the payment was made.

k. eBills: (1) Generally. The eBills product is a feature of the Online Bill Payment Service that enables you to receive notification of bills electronically. Participating Payees establish their own notification of criteria for reviewing requests to receive electronic bills notification and have sole discretion to accept or decline your request. The Bank does not participate in this decision, and the Bank shall have no liability to you or any other person or entity for any failure of a Payee to submit an eBill, for your failure to pay a bill using eBill on time, or for your inability to pay a bill using eBill on time due to any potential downtime of our service provider or our systems, or for any other matter having to do with your use of the eBill feature. In addition, it is your sole responsibility to ensure you have sufficient funds in your Account from which you are paying a bill using the eBill feature, and if you do not, you may incur insufficient funds fees, or your bill might not get paid.

(2) Additional Information About eBills. The eBill feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate the eBill feature, you also agree to the following:

Information provided to the Payee – The eBill feature is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill.

Activation - Upon activation of the eBill feature, the Online Bill Payment Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While the eBill feature is being activated, it is your responsibility to keep your Account(s) current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Notification - In addition to notification within the eBill feature of the Online Bill Payment Service, the eBill feature may send an e-mail notification to the e-mail address listed for your Account from which the eBill is being paid. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the eBill feature of the Online Bill Payment Service to check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are solely responsible for ensuring timely payment of all bills.

Cancelation of electronic bill notification - The Electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancelation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The eBill feature of the Online Bill Payment Service will notify your electronic Payee(s) as to your cancelation, and it is your sole responsibility to arrange an alternative form of bill delivery. The eBill feature of the Online Bill Payment Service may or may not present electronic bills that are already in process at the time of cancelation.

Non-Delivery of electronic bill(s) - You agree to hold the Bank harmless should the Payee fail to deliver your electronic bills/statement(s) via the eBill feature. You are responsible for ensuring timely payment of all bills regardless of whether or not the eBill feature has timely presented the electronic bill to you. Copies of previously delivered electronic bills must be requested from the Payee directly.

Accuracy and dispute of electronic bill - The eBill feature does not check for accuracy of electronic bills submitted by your Payees, and the Bank is not responsible for the accuracy of your electronic bills. The eBill feature only presents the information received from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill(s) must be addressed with the Payee directly.

Liability - This Bill Pay Agreement does not alter your liability or obligations that currently exist between you and your Payees.

l. Authorization: Upon scheduling a payment using the Online Bill Payment Service, you expressly authorize us and/or our service provider to withdraw the payment amount from your Account from which the payment is to be made and remit those funds on your behalf to the Payee that you have selected and to debit that Account for applicable fees, if any. Further, you authorize us to credit your Account for any payment returned from or undeliverable to a Payee. You certify that you are authorized to make payments and incur debits on the Account used. We reserve the right to suspend or discontinue the Online Bill Payment Service if we suspect fraud or other misuse of the system. You authorize us and/or our service provider to contact your Payees to request appropriate adjustments consistent with your payment instructions and/or as pertaining to the Your Responsibilities sections above, and/or to stop payment on any payment issued against your Account or other issues incurred in connection with the Online Bill Payment Service.

m. Termination of Service: You may terminate the Online Bill Payment Service at any time by: (1) written notice to us at Alma Bank, Attn: Electronic Banking at the address above; (2) messaging us through the secure messaging feature of our Online Banking system; or (3) calling our Call Center at 855-541-1000. The Bank may terminate your access to the Online Bill Payment Service at any time in the event that you violate this Agreement or the Personal and Small Business Online Banking Disclosure, we suspect fraud with your Online Bill Payment Service or any of your Account(s), inactivity of 180 days or more regarding your Online Banking service, or any other lawful reason.  Neither we, nor our service provider are responsible for terminating any one-time payment or recurring payment processed prior to receiving your notice requesting termination of the Online Bill Payment service and having a reasonable opportunity to act on that notice. Once the Online Bill Payment Service is terminated, your scheduled one-time and recurring payments will be terminated so long as we have had a reasonable opportunity to act on your notice of termination of the Online Bill Payment Service if it has been terminated at your request.

CREDIT MONITORING AND ACCESS REPORTING SERVICES (Optional)

The Bank will make available to you optional credit monitoring and access reporting services. The Bank provides such services in conjunction with its designated third-party service providers. If you elect to obtain such optional credit monitoring and access reporting services for your business by “opting in” to receive such services, those services will also be governed by, and you will have to separately agree to, the Bank’s designated third-party service provider’s separate terms and conditions governing such optional credit monitoring and access reporting services.

EXTERNAL FUNDS TRANSFER AGREEMENT

Transfers Outside the Bank to/from Accounts You Own

Within Online Banking you may sign up for the option of transferring funds between your linked deposit accounts with Alma Bank and certain deposit accounts at other financial institutions (“External Transfers”) (International Transfers are not supported). You will need to set up and verify each of your non-Alma Bank accounts that you wish to use for these transfers. You agree that you will only attempt to set up and verify accounts for which you have the authority to transfer funds. You understand and agree that any reference to “ACH” transactions within the Alma Bank online banking platform pertains specifically to External Transfers.

External Transfers are processed after 5:00 p.m. Eastern Time on the date they are scheduled. Sufficient funds must be available at that time. If you transfer funds into the account you have with us, the funds are credited to your account on the next business day but may not be available for use until we receive the funds from the other financial organization. This may take up to 2 business days or 5 business days for accounts less than 30 days old.

• External Transfers can be initiated on either a one-time or a recurring basis. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfer from an account you own at another financial institution to your   Bank checking account that occurs every 2 weeks. All scheduled transfers will occur with standard delivery.
• One-time future-dated or recurring transfers scheduled for a weekend, or a non-business day will be processed on the next business day.
• Future-dated and recurring transfers can be cancelled up until the business day the transfer is scheduled to be made. However, if the transfer's status is In Process or Processed, you can no longer cancel it.

External Transfers to accounts you own are subject to the following fees:

• Incoming Transfers – no fee
• Outgoing Transfers - no fee

We reserve the right to charge additional fees at a later time and will notify you if we do so as required by Applicable Law.

External Transfers are subject to the following standard limits:

New consumer and business customers whose account (based on tenure of oldest open account) is less than 12 months will not be allowed to use External Transfers. After such applicable period for new consumer and business customers, the customer will be assigned as a “Silver,” “Gold” or “Platinum” customer by the Bank, and such designation will dictate the following External Transfer limits:

Consumer External Transfer Limits	Incoming External Transfer Limit (daily)1	Outgoing External Transfer Limit (daily)1
Silver	$5,000	$5,000
Gold	$10,000	$10,000
Platinum	$15,000	$15,000
Business External Transfer Limits	Incoming External Transfer Limit (daily)1	Outgoing External Transfer Limit (daily)1
Silver	$5,000	$5,000
Gold	$10,000	$10,000
Platinum	$15,000	$15,000

(1) Daily limits are measured on a 24-hour basis from 12:00:00 a.m. to 11:59:59 p.m. Eastern Time.

External Transfers are available to all customers, but you agree we may cancel, without prior notice, upon the occurrence of a “Disqualifying Event,” as defined below.

We may change your Bank designated status level (e.g. Silver, Gold or Platinum) and your corresponding dollar limits at any time. Any decrease will be subject to notice, as required by Applicable Law, but you agree that we may reduce your status level and corresponding dollar limits stated above without prior notice upon occurrence of a Disqualifying Event.

A “Disqualifying Event” occurs if any of your accounts with the Bank are not current or not in good standing (e.g. insufficient balance, legal hold, etc.) or if the Bank has placed a temporary hold or otherwise suspended any of your accounts due to investigation of actual or suspected fraud.

You shall be solely responsible for the accuracy and completeness of External Transfer instructions (“instructions”) transmitted to the Bank. We shall not be responsible for any errors in the Instructions or requests for cancelation or amendment of Instructions transmitted to the Bank by you, and your sole recourse for erroneous or unauthorized Entries (as defined under the NACHA Rules) or Instructions received by the Bank from a third-party processor acting on your behalf is against such third-party processor and not against the Bank.

Settlement for Entries will occur as provided in the NACHA Rules, except that we may, upon notice, require Settlement (as defined in NACHA Rules) prior to processing. Payment of a Credit Entry by the Receiving Depository Financial Institution (as defined under the NACHA Rules) to the Receiver shall be provisional until receipt by the Receiving Depository Financial Institution of final Settlement for such Entry. You acknowledge that, if such final Settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid the Receiver the amount of the Entry.

If an Entry describes the Receiver inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named Receiver. In addition, if an Entry describes the Receiving Depository Financial Institution inconsistently by name and identification number or routing number, payment may be made on the basis of the identification number or routing number even if it identifies a financial institution other than the named Receiving Depository Financial Institution.

If you transmit an Entry that instructs the Bank to debit or credit an account at a financial institution that does not participate in an ACH association, we may reject such Entry and use reasonable efforts to notify you of such rejection.

You agree to maintain sufficient collected balances in your account to cover your transfer obligations for all Entries transmitted to the Bank. You authorize the Bank to obtain payment of any amount due to the Bank with respect to any of the Entries by debiting, without prior notice or demand, the account or any other account maintained by you at the Bank or, to the extent permitted by Applicable Law, any of our affiliate banks. Entries requiring payments in excess of the collected balances available in the account may be returned unprocessed by the Bank, provided that the Bank may, in its discretion, debit other accounts maintained by you at the Bank in order to complete the Entry. You shall fund the account with collected funds on or prior to any applicable Settlement Date (as defined under the NACHA Rules), or, if so notified by the Bank, on or prior to the date any Entries are to be processed. In the event that there are not sufficient collected funds in the account to cover all Entries transmitted to the Bank by you, such Entries will be completed in the order determined by the Bank. If you fail to fund the account as required, then the Bank may refuse to provide External Transfer services to you.

ADDITIONAL INFORMATION

Any documentation provided to you which indicates that an electronic fund transfer was made will be admissible as evidence of the transfer and will constitute prima facie proof that the transfer was made. The initiation by you of certain electronic fund transfers from your account will effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

WIRE TRANSFERS AGREEMENT

New consumer customers and business customers whose account (based on tenure of the oldest open account) is less than 12 months will not be allowed to use online Wire Transfers. After such applicable period for new consumer and business customers, the customer will be assigned as a “Silver,” “Gold” or “Platinum” customer by the Bank, and such designation will dictate the following wire transfer limits:

Consumer Wire Transfer Limits	Transaction Limits (daily)1
Silver	$3,000
Gold	$5,000
Platinum	$10,000
Business Wire Transfer Limits	Transaction Limits (daily)1
Silver	$5,000
Gold	$10,000
Platinum	$15,000

(1)Daily limits are measured on a 24-hour basis from 12:00:00 a.m. to 11:59:59 p.m. Eastern Time.

Processing Payment Orders. We will use our best efforts to execute your online “Wire Transfer Request” (each a “Payment Order”) on the date received provided the Payment Order is received by us before our established cutoff time and is received on a day which is a business day for us, for the funds transfer or communications facility (“Communications Facility”) selected by us, and for any receiving financial institution. We will treat online Payment Orders received by us after our cutoff time as received on our next business day. In our sole discretion, we may reject any Payment Order for any reason. We will notify you of any rejection orally, electronically, or in writing. We are not liable to you for the rejection, and we are not obligated to pay you interest for the period before you receive the notice of rejection. You must provide us with complete and correct information, including the beneficiary’s account number, name, and full address (P.O. Box is not acceptable), the beneficiary's financial institution name, ABA number or BIC code, address, and the purpose of the wire transfer. Receiving financial institutions may credit a Payment Order on the basis of the account number provided, even if the account number does not correspond to an account of the intended beneficiary.

Confirmation of Executed or Cancelled Payment Orders. We will send you a notice of debit to your account and a notification that your online Payment Order was either processed or cancelled. You agree to review these items and report any errors to us immediately.

Cancelling or Amending Payment Orders. Any request to cancel an online Payment Order must be made before we execute it. We will consider a request to amend a Payment Order as a request to cancel it. We will make a reasonable effort to act on a timely request to cancel a Payment Order, but we will not be liable if for any reason, the Payment Order is not canceled.

Fees. The fees for Wire Transfer services are available on the Alma Bank Fee Schedule available at: https://www.almabank.com/Fee-Schedule.

Liability. We shall be responsible only for performing the services expressly provided for in an online Wire Transfer Request and shall be liable only for our gross negligence or willful misconduct in performing those services. We shall not be responsible for the acts or omissions of any other person or entity, including without limitation any Federal Home Loan Bank, Federal Reserve Bank (“FRB”) or communication facility, or any receiving financial institution, and no such person or entity shall be deemed our agent. In no event shall we be liable for any consequential, special, punitive or indirect loss or damage which you may incur or suffer in connection with or arising out of an online Wire Transfer Request, including, but not limited to, online Wire Transfer Requests that are either fraudulent or erroneous but which purport to come from you according to our online Security Procedures. We shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, conflicts between the time of our execution of a Payment Order and the deadlines of any FRB or communications facility, equipment failure, war, labor dispute or job action, emergency conditions, acts of God, or other circumstances beyond our control. In addition, we shall be excused from failing to execute or delay in executing a Payment Order if such execution would result in our exceeding any limitations on our intraday net funds position established according to Federal Reserve Board guidelines or in our otherwise violating any provision of any risk control program of the Federal Reserve Board or any rule or regulation of any other U.S. government regulatory authority.

ZELLE NETWORK TRANSFERS

Zelle Network® Standard Terms (the “Zelle Agreement”)

New Customers: If you are a new customer and have not previously had an open deposit account or online banking relationship with Alma Bank, you will not have access to Zelle for the first 30 days.

This Zelle® Network Standard Terms Agreement (the “Agreement”) is made between you (“Customer,” “you,” “your”) and Alma Bank (“Bank,” “we,” “our,” “us”) and governs your of use of the Service (defined below), and any transactions you may initiate with and/or request from us through the Service. By accepting this Agreement, you agree to be bound by the terms and conditions pertaining to the Service that you use.

This Agreement supplements the terms of the other agreements you have entered into with us, including, but not limited to the Personal and Small Business Online Banking Agreement and Disclosures, Funds Availability Disclosure Policy, Privacy Notice, and  Terms and Conditions of your Account , as applicable, and related fee schedules and disclosures that govern the terms, conditions, and fees of your deposit account(s) with us, each as may be amended from time to time (such account agreements, fee schedules and related disclosures being referred to for purposes of this Zelle Agreement individually as an “Account Agreement”, and collectively as “Account Agreements”). The terms and conditions of your Account Agreements are incorporated by reference and made a part of this Agreement. In the event of a conflict between the terms of this Agreement and any Account Agreements the terms of this Agreement shall control with regard to the Service described in this Agreement. Any terms used but not defined in this Agreement shall have the meaning ascribed to them in the Account Agreements. 

The Service allows you to perform banking functions relative to your accounts that are linked to the Service through the use of a personal computer or Internet-enabled Mobile Device. You agree to be bound by the terms and conditions pertaining to Online Banking and the specific terms and conditions applicable to any other associated services, including Online Bill Payment Service, Mobile Banking Service and Mobile Check Deposit Service, that you use as set out below.

Your use of the Service shall be considered the same as your authorized written signature constituting your binding agreement to all of the terms, conditions, and notices contained or referenced in this Agreement. The Bank, in its sole discretion, may restrict or deny your access to the Service until the Bank has determined that you have accepted the applicable documentation and otherwise provided appropriate information and specifications for the use of the Service, and until the Bank has had a reasonable opportunity to receive and review the acceptance of this Agreement and activate the Service. In any event, you agree that your use of the Service shall, without any further action or execution or acceptance of any documentation, constitutes your acceptance of and agreement to the Bank’s terms and conditions for the use of the Service as may be in effect as of the time of such usage, whether set forth in this Agreement or otherwise prescribed by the Bank. In order to activate the Service, you must have at least one account with us linked to the Service.

1. Description of Services

a. The Zelle Network® (“Zelle®”) is a convenient way to send and receive money with others you trust. Zelle® enables you to send and receive money with customers who are enrolled with us or with another financial institution that partners with Zelle® (each, a “User”) using aliases, such as email addresses, mobile phone numbers, or other unique identifiers (the “Service”). We will refer to financial institutions that have partnered with Zelle® as “Network Financial Institutions.”

b. Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves money. You may not establish a financial account with Zelle® of any kind. All money will be transferred by a Network Financial Institution.

c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service, you agree to the terms and conditions of this Zelle Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle® and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle®, or the financial system to risk.

Content Standards: You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would or could be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (f) in Zelle® or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle®, or our respective affiliates or customers to harm or liability of any nature.

Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any content, including any loss or damage to or any infringement of any of your content. We and Zelle® make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Service.

The Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle® tag. Each Zelle® tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle® tags you may use. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that Users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for Users who use or publish content on the Service that is subject to intellectual property rights claims.

3. Consent to Use and Disclose Personal Information (Including Account Information)

In agreeing to use the Zelle Network, you agree that some personal information, including your phone number and email address, shall be shared with Zelle and the Network Financial Institutions. These institutions will keep your information confidential and obey all applicable laws regarding such information.

4. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Notice and Security Policy at https://www.almabank.com/Privacy-Security, which Privacy Notice and Security Policy are incorporated into and made a part of this Zelle Agreement by this reference. 

5. Wireless Operator Data

We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to  Zelle® or its service providers for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.

6. Enrolling for the Service

a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and/or a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, toll-free number, Google Voice number, or Voice over Internet Protocol number.

b. Once enrolled, you may:

i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and

ii. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money”.

c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand and agree that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

d. Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (i.e., one that is not already enrolled with Zelle®), you will receive a message with instructions on how to enroll with Zelle®.

e. If you enroll for the Service and select to use a Zelle® tag, the mobile phone number associated with your User profile will be used as the contact method for communication related to the Service and must meet the requirements described herein.

7. Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle® tag, and other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle® tag, and other alias to send or receive money as described in this Zelle Agreement. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Service or related transfers between Network Financial Institutions and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.

b. You will immediately notify us if any email address or mobile phone number you have enrolled or is used as a contact method for a Zelle® tag is (i) surrendered by you, or (ii) changed by you.

c. In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.

d. Your wireless carrier are not liable for any delay or failure to deliver any message sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf.

e.  To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at (855) 541-1000. You expressly consent to receipt of a text message to confirm your “STOP” request.

f.    Supported Carriers:  AT&T, Sprint, T-Mobile®, Verizon, U.S. Cellular®, Alaska Communications Systems (ACS), bandwidth.com (includes Republic Wireless), Bluegrass Cellular, Boost Mobile, CableVision, Carolina West Wireless, CellCom, Cellular One of N.E. Arizona, C Spire Wireless (aka Cellular South), Chariton Valley Cellular, Chat Mobility, Cleartalk (Flat Wireless), Copper Valley Telecom, Cricket Wireless, DTC Wireless, Duet Wireless, East Kentucky Network (Appalachian Wireless), ECIT/Cellular One of East Central Illinois, GCI Communications, Google Voice, Illinois Valley Cellular, Inland Cellular, iWireless, Leaco Rural Telephone Cooperative, MetroPCS, Mid-Rivers Communications, Mobi PCS, MobileNation/SI Wireless, MTA Wireless/Matanuska Kenai, MTPCS Cellular One (Cellone Nation), Nex Tech Communications, Northwest Missouri Cellular, nTelos, Panhandle Wireless, Pine Cellular, Pioneer Cellular, Plateau Wireless, Rural Independent Network Alliance (RINA), Sagebrush Cellular aka Nemont, Southern LINC, SRT Communications, Thumb Cellular, TracFone (AT&T), Union Telephone, United Wireless, Viaero Wireless, Virgin Mobile, West Central Wireless. 

8. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Financial Institutions and other Zelle® Users, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We or Zelle® may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle® delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (e.g., email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Zelle Agreement and the procedures of the business or government agency that is sending you the payment.

We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.

9. Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Zelle Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle®, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.

In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle®, the other Network Financial Institutions, and other Zelle® Users, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed, or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle® delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).

Neither we nor Zelle® have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User.

10. Liability

Neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE® DOES NOT OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

YOU AGREE THAT YOU, NOT ALMA BANK OR ZELLE®, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH THOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE. REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.

11. Send Limits

Subject to applicable law, we reserve the right to impose limits on the transactions that you transmit using Zelle® and to modify such limits from time to time without prior notice. We may refuse to process any transaction that exceeds your limits. Daily limits are measured on a 24-hour basis from 12:00:00 AM to 11:59:59 PM Eastern Time.

These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and to protect the security of your account, customer accounts, and the Service, and may be modified at our sole discretion without advance notice.

You can access the Zelle® limits online at https://www.almabank.com/Terms-of-Use/Zelle-limits.

12.Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility or will have any liability to you if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our discretion, that we will not send a reminder or repeat request to that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility or liability for the accuracy or legality of such requests and under no circumstances are acting or will be considered to be acting as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

13. Transaction Errors

All transfers will be completed using only the email address or U.S. mobile phone number of the recipient that you enter even if it identifies a person different from your intended recipient. It is your responsibility to ensure that you are using a U.S. mobile phone number or email address belonging to the User or recipient. You must accurately enter your recipient's email address or mobile phone number since transfers cannot be cancelled, revoked, stopped or withdrawn once submitted. You will still be responsible for the transfer if you enter the wrong information and you are unable to recover the funds.

WE SHALL NOT BE LIABLE FOR ANY TYPOGRAPHICAL OR KEYSTROKE ERRORS THAT YOU MAKE WHEN USING THE SERVICE. YOU AGREE THAT YOU, NOT WE OR ZELLE®, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER RECIPIENT OR USER TO WHOM YOU SEND MONEY, OR FROM WHOM YOU RECEIVE OR REQUEST MONEY, USING THE SERVICE. THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND PEOPLE WITH WHOM YOU ARE FAMILIAR. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER ALMA NOR ZELLE® OFFERS OR PROVIDES PURCHASE PROTECTION FOR PAYMENTS MADE WITH ZELLE® — FOR EXAMPLE, IF YOU DO NOT RECEIVE THE ITEM YOU PAID FOR OR THE ITEM IS NOT AS DESCRIBED OR AS YOU EXPECTED.

You agree to notify Alma of any suspected transactional errors. Errors should be reported immediately and in no event later than 60 days after the applicable Alma account statement is sent. Unless you notify Alma within such 60 day period, such statement regarding all Zelle® transactions shall be deemed correct, and you are prohibited from bringing a claim against Alma for such alleged error.

14. Your Liability for Unauthorized Transfers

You are responsible for all electronic funds transfers and payments you make using the Service. You agree that you, and not we, shall be liable for any transfers authorized by you, or which were able to be authorized due to you sharing your password, account number or any other private data in violation of our End User Terms. You agree that you shall be liable for any acts committed by any party with whom you have shared this data. You agree that we shall not be liable for any such activities. You must notify us immediately if you believe any of your accounts was accessed or your password was used without your permission. As long as you give us timely notice within sixty (60) days after the date of the statement on which the error first appears in your account), in accordance with the error resolution procedures in the Deposit Account Agreements or as described in the Electronic Funds Transfer Disclosure applicable to consumer electronic funds transfer transactions, we will reimburse you for the reasonable service charges that you have incurred due to our failure to comply with any instruction you entered and we confirmed in accordance with the Zelle Agreement.

If you believe an unauthorized transaction was made in connection with the Zelle® Service, contact us immediately at (855) 541-1000. You may also contact us using the phone number or address designated on the front of your statement or visit your local branch.

15. Liability for Failure to Complete Transfers

The Deposit Account Agreement, Electronic Funds Transfer Disclosure, and this Zelle Agreement describe our responsibility for completing electronic fund transfers and electronic payments, and our exceptions from liability for our failure to do so. This Zelle Agreement applies to our online transactions under the Services. WE WILL ALSO HAVE NO LIABILITY WHATSOEVER FOR FAILURE TO COMPLETE A PAYMENT OR TRANSFER YOU INITIATE OR ATTEMPT TO INITIATE THROUGH THE SERVICE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: (i) if the transfer or payment could not be completed due to systems unavailability or to any circumstances beyond our control, including, without limitation, acts of God, any malfunction of your Internet access equipment, any internet virus, Trojan horse, worm or other hostile software code, or any problem that may be associated with your use of any Service, or (ii) if the payment was a tax payment, a court ordered payment or payment to a payee outside the United States of America.

16. Fees

Currently Alma does not charge a fee to use the Service; however, regular charges will apply to your account(s), as applicable. We reserve the right to change the fees that apply to the Service, and the circumstances under which fees may be waived at any time, or for any reason. We will give you reasonable notice of such change(s), as required by law. If we process a transaction in accordance with your instructions that overdraws your account with us, we may assess a fee or charge interest for any such overdraft in accordance with the terms of the Deposit Account Agreements. We will not be liable for failure to pay any transfer request unless it is drawn against available funds in the designated account. You will be responsible for paying any telephone company or utility charges and/or internet access service fees incurred while using telephone lines and/or internet access services to connect with the Service.

17. Use of Our On-line Banking Website and/or Mobile App

You agree to access our on-line banking website and/or mobile app in compliance with our End User Terms which are available at https://www.almabank.com/Terms-of-Use and incorporated into and made part of this Zelle Agreement by this reference.

18. Cancelation of the Service

You may cancel the Service at any time by calling the service center at (855) 541-1000.

We reserve the right, but assume no obligation, to terminate your ability to use Zelle®, if we deem your actions to be potentially unlawful, abusive, offensive or unwelcome or for any reason at all in our sole discretion.

20. Right to Terminate Access

You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancelation nor suspension shall affect your liability or obligations under this Zelle Agreement.

21. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE® WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

21. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS,  AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS ZELLE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF  ZELLE®,ITS OWNERS, DIRECTORS, OFFICERSAND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

22. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Zelle Agreement, you agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and costs, resulting from or arising out of your use, misuse, errors or inability to use the Service, or any violation by you of the terms of this Zelle Agreement.

 23. Governing Law and Venue

The same laws that govern your account relationship with us, as explained in the Deposit Account Agreements, shall govern this Zelle Agreement. In any instance whereby you are not subject to the Deposit Account Agreements, or the terms of the Deposit Account Agreements are deemed inapplicable, then (i) the laws of the State of New York, excluding its conflict of law rules, shall govern this Zelle Agreement, and (ii) you hereby irrevocably consent that all claims or disputes arising out of or in connection with this Zelle Agreement shall be heard exclusively by any of the federal or state court(s) located in Queens County, New York.

We will not be deemed to have waived any of our rights or remedies under these this Zelle Agreement 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.

If any of this Zelle Agreement conflicts with the law under which this Zelle Agreement is to be construed, or if any provision of this Zelle Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to have been restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Zelle Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby,

24. Miscellaneous

Subject to the terms of this Zelle Agreement, the Services are generally intended to be available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle®. Live customer service by us generally will be available Monday through Friday, excluding US Bank holidays.

Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

Alma Bank Personal and Small Business Online Banking Agreement and Disclosures 03/6/2026.