Common use of Our Liability for Failure to Complete Transactions Clause in Contracts

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will use commercially be liable only for your actual and reasonable efforts to make all your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: liable, for instance: 1. If, If through no fault of ours, you do not have enough funds available on your Eligible Account(s) and/or Payment Account does not contain sufficient funds Card to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); transaction; 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; If a merchant refuses to accept your Card; 3. You If an ATM where you are making a cash withdrawal does not have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; enough cash; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your computer, software, telecommunication lines were not working properly and this problem should have Card has been apparent to blocked after you when you attempted the transfer reported your Card lost or Bill Payment; stolen; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed If there is a hold or your funds are subject to legal process the payment through no fault of ours; or other encumbrance restricting their use; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process If we believe prevents their withdrawal; 8. We have reason to believe that a payment or other the requested transaction request may not be authorized by you or any third party whose authorization we believe is necessaryunauthorized; and/or 98. Circumstances If circumstances beyond our control of the Service, our Service Providers, and this Institution (such as, but not limited to, as fire, flood, or interference from an outside forcecomputer or communication failure) prevent the proper execution completion of the transaction transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have taken reasonable precautions stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to avoid those circumstancesall applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. Provided none We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the foregoing exceptions are applicableProvince of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the Service causes an incorrect amount change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of funds to be removed from this Agreement will not affect any of our rights or your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account obligations arising under this Agreement prior to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargestermination.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. It can be shown that the Xxxxxx received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Financial Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is are not working properly and you know or have been advised by this Institution the Bank and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution the Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution the Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit available limit of your overdraft account Overdraft Privilege (if applicable); 2. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, and/or telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. It can be shown that the Xxxxxx received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, : fire, flood, or interference from an outside force) prevent the proper execution of the transaction transaction, and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee guarantee shall be void voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; • The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. • If your computerelectronic device(s), software, telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit available limit of your overdraft account Overdraft Privilege (if applicable);. 2. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;. 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx;. 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;. 5. If your computer, software, and/or telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;. 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;. 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;. 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, to fire, flood, or interference from an outside force) prevent the proper execution of the transaction transaction, and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void liable: • if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transaction transfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (Reserve Overdraft Line of Credit; • if applicable); 2. The Service and/or the payment processing center is ATM, terminal or system was not working properly properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before breakdown when you execute started the transaction; 3. You transfer; • if circumstances beyond our control (such as fire, power outage, equipment failure or flood) prevent the transfer despite reasonable precautions we have not provided taken; • if the Service with the correct Payment Account informationcard or PIN has been reported stolen, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purpose; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction. Disclosure of Account Information to Third Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or 9. Circumstances beyond control • for verification of the Serviceexistence and condition of your Account for a credit bureau and merchant; • to a consumer reporting agency as defined in Chapter 93A of Massachusetts General Laws; • to certain third parties with whom we have joint marketing agreements; or • by your written authorization. In Case of Errors or Questions About Your EFTs If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, our Service Providerstelephone us at once at 000- 000-0000, or as soon as you can, write to: Brookline Bank, PO Box 470469 Brookline, MA 02447-0469 Attn: Electronic Banking We must hear from you no later than sixty (60) calendar days after we send or make available to you the FIRST statement on which the problem or error appeared. • tell us your name and Account number (if any); • describe the error or the transfer you are unsure about, and this Institution (such as, but not limited to, fire, flood, explain as clearly as you can why you believe it is an error or interference from an outside force) prevent why you need more information; and • tell us the proper execution dollar amount of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, suspected error and, if applicableyou can, the date that the transaction occurred. If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days following the date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) calendar days for any late payment related chargesthe amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) calendar days, we may not credit your Account. For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to 90 calendar 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. For purposes of this paragraph, your Account is considered a new Account for the first 30 calendar days after the first deposit is made. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void liable: • if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transaction transfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (Overdraft Line of Credit; • if applicable); 2. The Service and/or the payment processing center is ATM, terminal or system was not working properly properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before breakdown when you execute started the transaction; 3. You transfer; • if circumstances beyond our control (such as fire, power outage, equipment failure or flood) prevent the transfer despite reasonable precautions we have not provided taken; • if the Service with the correct Payment Account informationcard or PIN has been reported stolen, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purposes; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction. In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization, or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or 9. Circumstances beyond control • for verification of the Service, our Service Providers, existence and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution condition of the transaction your Account for a credit bureau and merchant; • to a consumer reporting agency as defined by N.Y. Gen. Bus. Law § 380-a; • to certain third parties with whom we have 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 any of joint marketing agreements; or • by your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargeswritten authorization.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void liable: • if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transaction transfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (Reserve Overdraft Line of Credit; • if applicable); 2. The Service and/or the payment processing center is ATM, terminal or system was not working properly properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before breakdown when you execute started the transaction; 3. You transfer; • if circumstances beyond our control (such as fire, power outage, equipment failure or flood) prevent the transfer despite reasonable precautions we have not provided taken; • if the Service with the correct Payment Account informationcard or PIN has been reported stolen, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purpose; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover Disclosure of Account Information to Third Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or 9. Circumstances beyond control • for verification of the Serviceexistence and condition of your Account for a credit bureau and merchant; • to a consumer reporting agency • to certain third parties with whom we have joint marketing agreements; or • by your written authorization. In Case of Errors or Questions About Your EFTs If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, our Service Providerstelephone us at once at Bank Rhode Island Attn: Electronic Banking PO Box 9488 Providence, RI 02940 We must hear from you no later than sixty (60) calendar days after we send or make available to you the FIRST statement on which the problem or error appeared. • tell us your name and Account number (if any); • describe the error or the transfer you are unsure about, and this Institution (such as, but not limited to, fire, flood, explain as clearly as you can why you believe it is an error or interference from an outside force) prevent why you need more information; and • tell us the proper execution dollar amount of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, suspected error and, if applicableyou can, the date that the transaction occurred. If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days following the date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) calendar days for any late payment related chargesthe amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) calendar days, we may not credit your Account. For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to 90 calendar 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. For purposes of this paragraph, your Account is considered a new Account for the first 30 calendar days after the first deposit is made. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. a. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. b. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. c. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. d. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. e. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. f. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. g. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. h. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. . i. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. It can be shown that the Xxxxxx received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. ‌ We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);applicable);‌ 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Mocse and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution Mocse (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Mocse and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.charges.‌

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers and Bill Payments OneClick transactions properly and you hereby hold Hometown Bank harmless for failure to do timely and/or completely make all your transfers and OneClick transactions properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. circumstances pertaining to your account: • If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; • Delays in mail delivery; • If we make a timely bill payment but the Payee nevertheless does not credit your payment promptly or correctly after receipt of the payment; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction; 3. ; • You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information or any other required information for the Xxxxxx; 4. Payee; • Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed; 5. ; • If your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. OneClick transaction; • The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; 8. ; • If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. • Circumstances beyond control of the Service, our Service Providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire,, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s); and/or • If you, or Payment Account ,anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a Xxxxxx, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; • The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. ; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. ; • If your computer, software, internet service, and/ or telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. ; • It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. • Activity and tracking logs of the Service show that you began a transfer or payment process but failed to complete the final submission of the transaction. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. transaction; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Payee; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. ; • If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. ; • It can be shown that the Xxxxxx Payee received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a XxxxxxPayee, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers and Bill Payments OneClick transactions properly and you hereby hold Hometown Bank harmless for failure to do timely and/or completely make all your transfers and OneClick transactions properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. circumstances pertaining to your account: • If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; • Delays in mail delivery; • If we make a timely bill payment but the Payee nevertheless does not credit your payment promptly or correctly after receipt of the payment; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction; 3. ; • You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information or any other required information for the Xxxxxx; 4. Payee; • Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed; 5. ; • If your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. OneClick transaction; • The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; 8. ; • If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. • Circumstances beyond control of the Service, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire,, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s); and/or • If you, or Payment Account ,anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a Xxxxxx, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. If we do not complete a transfer to or from your account(s) on time or in the correct amount according to our Agreement with you, we will be liable for your actual losses or damages. We will use commercially reasonable efforts to make all your transfers properly and Bill Payments you hereby hold Hometown Bank harmless for failure to do so timely and/or completely make all your transfers properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. circumstances pertaining to your account: o If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; o Delays in mail delivery; o If we make a timely transfer but the recipient nevertheless does not credit your transfer promptly or correctly after receipt of the transfer; o The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction; 3. ; o You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. ; o Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed; 5. ; o If your computermobile device or any other device and/or means of accessing the internet and/or providing use of the Service, software, including software and telecommunication lines were not working properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer; o The transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal; 8. ; o If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the internet and/or providing use of the Service including, but not limited to, a hacker or hacking program; o We have reason to believe that a payment or other transaction transfer request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. o Circumstances beyond control of the Serviceservice, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s); and/or o If you, or Payment Account ,anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a Xxxxxx, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : • If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction; 3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the Xxxxxx; 4. ; • Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed; 5. ; • If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. ; • It can be shown that the Xxxxxx received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal; 8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s)Accounts, or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void liable: • if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transaction transfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (Reserve Overdraft Line of Credit; • if applicable); 2. The Service and/or the payment processing center is ATM, terminal or system was not working properly properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before breakdown when you execute started the transaction; 3. You transfer; • if circumstances beyond our control (such as fire, power outage, equipment failure or flood) prevent the transfer despite reasonable precautions we have not provided taken; • if the Service with the correct Payment Account informationcard or PIN has been reported stolen, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purpose; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction. Disclosure of Account Information to Third Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or 9. Circumstances beyond control • for verification of the Serviceexistence and condition of your Account for a credit bureau and merchant; • to a consumer reporting agency as defined in Chapter 93, our Service Providerssection 50 of Massachusetts General Laws; • to certain third parties with whom we have joint marketing agreements; or • by your written authorization. In Case of Errors or Questions About Your EFTs If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, telephone us at once at 000- 000-0000, or as soon as you can, write to: Brookline Bank, PO Box 470469 Brookline, MA 02447-0469 Attn: Electronic Banking We must hear from you no later than sixty (60) calendar days after we send or make available to you the FIRST statement on which the problem or error appeared. • tell us your name and Account number (if any); • describe the error or the transfer you are unsure about, and this Institution (such as, but not limited to, fire, flood, explain as clearly as you can why you believe it is an error or interference from an outside force) prevent why you need more information; and • tell us the proper execution dollar amount of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, suspected error and, if applicableyou can, the date that the transaction occurred. If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days following the date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) calendar days for any late payment related chargesthe amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) calendar days, we may not credit your Account. For errors involving new Accounts, points-of-sale, or foreign-initiated transactions, we may take up to 90 calendar 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. For purposes of this paragraph, your Account is considered a new Account for the first 30 calendar days after the first deposit is made. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents we used in the investigation. If the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.

Our Liability for Failure to Complete Transactions. We The Service will use commercially reasonable efforts to make all your transfers and Bill Payments payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or and its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.charges.‌

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee guarantee shall be void voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account payment account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; • The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. • You have not provided the Service with the correct Payment Account payment account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4xxxxxx. • Your Eligible Account(s), including either your Payment Account payment account or Billing Accountbilling account, is closed; 5. • If your computerelectronic device(s), software, telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,) or causes funds from your Payment Account to be directed to a Xxxxxxxxxxxx, which does not comply with your Payment Instructionspayment instructions, this Financial Institution we and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. a. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. b. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution the Bank and/or its Service Providers about the malfunction before you execute the transaction; 3. c. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the XxxxxxPayee; 4. d. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. e. If your computer, software, or telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. f. It can be shown that the Xxxxxx Payee received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. g. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. h. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. i. Circumstances beyond control of the Service, our Service Providers, and this Institution the Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, Payee which does not comply with your Payment Instructions, this Financial Institution the Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx Payee any previously misdirected transactions, and, if applicable, for any late payment related charges. The Bank or our Service Providers are not liable for any amount other than the transaction amount and any specifically associated late payment charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. It can be shown that the Xxxxxx received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the XxxxxxPayee; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. It can be shown that the Xxxxxx Payee received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a XxxxxxPayee, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We The Service will use commercially reasonable efforts to make all your transfers and Bill Payments payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction; 3. Your Eligible Account(s), or Billing Account, is closed; 4. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transaction; 5. The transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 6. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary; 7. 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; 8. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 69. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Kearny Bank and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution Kearny Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Kearny Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:‌ 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make process and complete all your payments and transfers and Bill Payments properly. However, we shall incur no liability properly initiated through the Service in accordance with this Agreement and any Bill Payment Service Guarantee shall User’s Guide. We will not be void if we are unable to complete liable (and any transactions initiated by you because of the existence of payment guarantee provided elsewhere in this Agreement will not be applicable), in connection with any one or more of the following circumstancesoccurrences: 1. Ifif, through no fault of ours, your Eligible Account(s) and/or Payment you do not have sufficient Collected Funds in the Service Account does not contain sufficient funds to complete the transaction or transaction; 2. if the transaction would exceed the credit limit on any overdraft line of your overdraft account (if applicable)credit linked to the Service Account; 23. The if your Access Device, internet connection method, or other equipment is not operating properly; 4. if the Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about were aware of the malfunction before when you execute initiated the transaction; 35. You if you do not properly follow all instructional materials provided in connection with the Service; 6. if you have not provided the Service us with the correct Payment Account information, or the correct Payee name, address, phone numberaccount information, payment amount, or account information for other instructions necessary to complete the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ourspayment.; 7. The payment if your funds are held or transaction request involves funds subject to hold, dispute, restrictionfrozen, or a court order or other legal process we believe prevents their withdrawalus from making a transaction; 8. We if your Password has been reported lost or stolen; 9. if we have reason to believe that a payment transaction has not been properly authorized or other transaction request may not be authorized by authenticated, or is fraudulent, erroneous, or illegal; 10. if you have exceeded the limitations on frequency of transactions or any third party whose authorization we believe is necessary; and/ordollar amount of transactions applicable to the Service Account; 911. Circumstances if circumstances beyond our control of the Service, our Service Providers, and this Institution (such asas telecommunication or electrical outages and malfunctions, but not limited topostal strikes or delays, fire, flood, computer system failures or interference from an outside forcenatural disasters) prevent the proper execution of the transaction transaction; 12. if making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or 13. if any failure on our part was not intentional and we have taken reasonable precautions resulted from a bona fide error notwithstanding procedures to avoid those circumstancessuch error, except for actual damages (which do not include indirect, incidental, special or consequential damages). Provided none of There may be other exceptions to liability stated in the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of agreements governing your Eligible Account(s)accounts with us, or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesprovided under applicable law.

Our Liability for Failure to Complete Transactions. We The Service will use commercially reasonable efforts to make all your transfers and Bill Payments payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or and its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. liable: • If, through no fault of ours, you do not have enough money in your Eligible Account(s) and/or Payment Account does not contain sufficient funds account to complete make a transfer or bill payment; or • If a legal order directs us to prohibit withdrawals from the transaction account; or • If your account is closed or if it has been frozen; or • If the transaction transfer or bill payment would exceed cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; or • If you, or anyone you allow, commits any fraud or violates any law or regulation; or • If any electronic terminal, telecommunication device or any part of your overdraft account (if applicable); 2. The Service and/or the payment processing center electronic fund transfer MyOnlineBanking is not working properly and properly; or · If you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service us with the complete and correct Payment Account payment information, or including without limitation the correct name, address, phone account number, or account information and payment amount for the Xxxxxx; 4. Your Eligible Account(s)payee on a bill payment; or • If you have not properly followed the instructions for using MyOnlineBanking; or • If circumstances beyond our control (such as fire, including either your Payment Account flood or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted improper transmission or handling of payments by a third party) prevent the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe bill payment, despite reasonable precautions taken by us; or • If you did not give us complete, correct and failed to process current instructions regarding any transfer; or • If you did not authorize a payment soon enough for the payment through no fault of ours; 7. The to be made, transmitted, received and credited by the Payee on or before the due date; or • If we made a timely payment but the payee did not promptly credit your payment after receipt; or transaction request involves funds subject to hold, dispute, restriction, • If your computer malfunctioned for any reason; or legal process we believe prevents their withdrawal; 8. We have reason to believe that · If a payment or other transaction request may transfer could not be authorized by completed because MyOnlineBanking system was unavailable, as discussed in Section 16; or • If you or we terminate this Agreement before a transfer is scheduled to occur. There may be other exceptions stated in our Agreement with you. In any third party whose authorization case, we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but will not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning any errors or failures due to any malfunction of your computer or to any unsuitability or incompatibility of your computer that may be associated with the improperly transferred funds to your Payment Accountuse of an online service, and for directing to regardless of the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargescause of the error or failure.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction; 3. ; You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the Xxxxxx; 4. ; Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed; 5. ; If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. ; It can be shown that the Xxxxxx received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. ; The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal; 8. ; We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s)Accounts, or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. a. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. b. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution County Federal and/or its Service Providers Provider about the malfunction before you execute the transaction; 3. c. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, number or account information for the Xxxxxx; 4. d. Your Eligible eligible Account(s), including either your Payment Account or Billing Account, Bill Account is closed; 5. e. If your computer, software, telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. f. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. g. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. h. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. i. Circumstances beyond control of the Service, our Service Providers, and this Institution County Federal (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstancescircumstance. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), ) or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution County Federal and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment AccountAccount(s), and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, applicable for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. ; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. ; • If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. ; • It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Xxxx Payments properly. However, we shall incur no liability and any Bill Xxxx Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Xxxx Payment; 6. It can be shown that the Xxxxxx received the Bill Xxxx Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Financial Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you. We may be unable to complete transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information inform ation for the Xxxxxx; 4. Your Eligible Account(s)) , including either your Payment Account or Billing Account, is closedxxxx xx; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;Bill 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided Notwithstanding the foregoing, if none of the foregoing exceptions are applicable, above circumstances have occurred and if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers Provider(s) shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. : ● If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. ; ● The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction; 3. ; ● You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the Xxxxxx; 4. ; ● Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed; 5. ; ● If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. ; ● It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. ; ● The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal; 8. ; ● We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. and/or ● Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s)Accounts, or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is are not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have 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 any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We If we do not complete a transaction to or from your account on time or in the correct amount according to your instructions or our Agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable, for instance: 1. If, through no fault of ours, your Eligible Account(s) and/or Account or Bill Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable)account; 2. Your Eligible Account or Bill Payment Account(s) is closed; 3. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction; 34. You have not provided the Service with the correct Bill Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;; and/or, 5. 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. 6. If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;. 67. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;. 78. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary. 9. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason Any Bill Payment Service Guarantee shall be void if the Service is unable to believe that a payment or other complete any transaction request may not be authorized initiated by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control because of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, existence of any one or interference from an outside force) prevent the proper execution more of the transaction and we have taken reasonable precautions to avoid those circumstancesforegoing exceptions. Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Bill Payment Account ,or causes funds from your Bill Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its the Bill Payment Service Providers shall be responsible for returning the improperly transferred funds to your Bill Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make process and complete all your payments and transfers and Bill Payments properly. However, we shall incur no liability properly initiated through the Service in accordance with this Agreement and any Bill Payment Service Guarantee shall User’s Guide. We will not be void if we are unable to complete liable (and any transactions initiated by you because of the existence of payment guarantee provided elsewhere in this Agreement will not be applicable), in connection with any one or more of the following circumstancesoccurrences: 1. Ifif, through no fault of ours, your Eligible Account(s) and/or Payment you do not have sufficient Collected Funds in the Service Account does not contain sufficient funds to complete the transaction or transaction; 2. if the transaction would exceed the credit limit on any overdraft line of your overdraft account (if applicable)credit linked to the Service Account; 23. The if your Access Device, internet connection method, or other equipment is not operating properly; 4. if the Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about were aware of the malfunction before when you execute initiated the transaction; 35. You if you do not properly follow all instructional materials provided in connection with the Service; 6. if you do not authorize a payment within a sufficient period of time for your payment to be received by the Payee by the Due Date (External Transfers Only); 7. if you have not provided the Service us with the correct Payment Account information, or the correct Payee name, address, phone numberaccount information, payment amount, or account information for other instructions necessary to complete the Xxxxxx; 4. Your Eligible Account(s)payment, including either or the foregoing instructions stored on your Payment Account Access Device’s hard drive or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should the host system have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawallost (External Transfers Only); 8. We if a Payee mishandles or delays the handling of payments sent by us (External Transfers Only); 9. if your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; 10. if your Password has been reported lost or stolen; 11. if we have reason to believe that a payment transaction has not been properly authorized or other transaction request may not be authorized by authenticated, or is fraudulent, erroneous, or illegal; 12. if you have exceeded the limitations on frequency of transactions or any third party whose authorization we believe is necessary; and/ordollar amount of transactions applicable to the Service Account; 913. Circumstances if circumstances beyond our control of the Service, our Service Providers, and this Institution (such asas telecommunication or electrical outages and malfunctions, but not limited topostal strikes or delays, fire, flood, computer system failures or interference from an outside forcenatural disasters) prevent the proper execution of the transaction transaction; 14. if making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or 15. if any failure on our part was not intentional and we have taken reasonable precautions resulted from a bona fide error notwithstanding procedures to avoid those circumstancessuch error, except for actual damages (which do not include indirect, incidental, special or consequential damages). Provided none of There may be other exceptions to liability stated in the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of agreements governing your Eligible Account(s)accounts with us, or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesprovided under applicable law.

Our Liability for Failure to Complete Transactions. We If either Stash or the Bank does not complete a transaction from your Account or debit card on time or in the correct amount according to our Agreement with you, they will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. Neither Stash nor the Bank will be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. Ifliable, for instance: ● If through no fault of ourstheirs, you do not have enough funds available in your Eligible Account(s) and/or Payment Account to make the transaction; ● If a merchant refuses to accept your debit card or Account number; ● If the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; ● If the transaction cannot be completed because your debit card is damaged; ● If an ATM where you are making a cash withdrawal does not contain sufficient funds to complete the have enough cash; ● If an electronic terminal (including an ATM or POS terminal) where you are making a transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is does not working properly operate properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before problem when you execute initiated the transaction; 3. You have not provided ; ● If access to your debit card or Account has been restricted after you reported your debit card or Account number lost or stolen; ● If the Service with the correct Payment funds in your Account informationare subject to legal processes, an uncollected funds hold, or the correct name, address, phone number, or account information are otherwise not available for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. withdrawal; ● If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We they have reason to believe that a payment or other the requested transaction request may not be authorized by you or any third party whose authorization we believe is necessaryyou; and/or 9. Circumstances ● If circumstances beyond our control of the Service, our Service Providers, and this Institution (such as, but not limited to, as fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or interference from an outside forceregulatory action, zombie apocalypse, pandemic, or a natural disaster) prevent the proper execution completion of the transaction and transaction, despite reasonable precautions that we have taken reasonable precautions to avoid those circumstances. Provided none of taken; or ● Any other exception stated in the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply Agreement with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesyou.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts If we do not complete a Card transaction to make all or from your transfers and Bill Payments properly. HoweverAccount on time or in the correct amount according to this Agreement, we shall incur no liability will be liable for your losses or damages, subject to the terms of this Agreement and any Bill Payment Service Guarantee shall to the extent required by law. There are some circumstances where we will not be void liable, including, without limitation: if there is an authorization hold, or your Account is subject to legal process or other encumbrance restricting its use; if you do not have enough funds in your Account to complete a transaction; if the ATM you are trying to use does not have enough cash; if the ATM, POS terminal, network, or system involved in your transaction did not work properly; if your Registered Mobile Phone fails to send or receive SMS messages; if we are unable to complete any transactions initiated prohibited by you because law or network rules from completing a transaction; if circumstances beyond our control (for example, natural disasters, earthquakes, fires, floods, war, or acts of terrorism) prevent the completion of the existence of any one transaction; if a merchant refuses to accept your Access Device; if you provided inaccurate or more incomplete information regarding a transaction; if access to your Account is blocked after you reported your Access Device lost or stolen; if a merchant authorizes an amount in excess of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (purchase amount; if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe the requested transaction is suspicious, fraudulent, or unauthorized; or for any other exception stated in this Agreement. IF YOU BELIEVE THAT ANY OF YOUR ACCESS DEVICES HAVE BEEN LOST OR STOLEN OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, CONTACT CUSTOMER SERVICE IMMEDIATELY. Remember that a payment your Registered Mobile Phone is an Access Device, and thus its loss or other transaction request theft must also be reported to us if you are enrolled in YAP Services. Contacting Customer Service via telephone is the preferred method of communication regarding lost or stolen Access Devices. If your Access Device has been lost or stolen, we will close your Account. If your PIN has been compromised, we retain the right to reset your PIN. You may be liable for unauthorized use of your Access Devices. If you inform us within two Business Days after you learn of the loss or theft of any of your Access Devices, you will not be liable for more than $50 if someone used your Access Device without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your Access Device, and we can prove we could have stopped someone from using your Access Device without your permission if you had notified Customer Service, you could be liable for as much as $500. If your Account history shows transactions that you did not authorize, notify Customer Service immediately. If you fail to notify Customer Service of unauthorized transactions on your Account within 90 days after the Account history was available to you, you may not be authorized entitled to recover any funds you lost after the 90 days if we can prove that we could have prevented the unauthorized transaction if you had notified Customer Service in time. In addition, there may be zero liability for non-PIN transactions. As a cardholder, you will not be held responsible in the event of unauthorized purchases provided that the following conditions are met: • Your account is in good standing. • You have exercised reasonable care in safeguarding your card from any unauthorized use. Unauthorized use means that you did not provide, directly, by implication or otherwise, the right to use your card and you received no benefit from the "unauthorized" purchase. • You have not reported two or more unauthorized events in the past 12 months. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. Without limiting the foregoing, you agree not to hold us liable for any damages, including, without limitation, special, incidental, or consequential damages for any spam or phishing messages delivered to you concerning your use of YAP Services or for failure of third party whose authorization parties to timely process bill payment or transactional instructions. All transactions in foreign currency, including international purchases and international ATM transactions, will be converted into U.S. dollars, and you agree to accept the converted amount. The applicable card association (MasterCard, Visa, or Discover) will use its currency conversion procedures in effect when processing the transaction. The currency conversion rate will be a rate selected by the card association, as applicable, from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate the card association itself receives or the government-mandated rate in effect for the applicable central processing date. The currency conversion rate used on the processing date may be different than the rate that was in effect on the date you used your Access Device. We do not set the currency conversion rates, and we believe is necessary; and/or 9. Circumstances beyond control do not receive any portion of the proceeds. You agree to pay us the transaction fees for transactions in foreign currency set forth in the Fee Structure and acknowledge that such transaction fees are subject to change. If you have established regular payments or transfers to be made from your Account, you can terminate any of these transfers by contacting Customer Service. We must receive your request at least three Business Days prior to the scheduled payment or transfer date. We may require you to put your request in writing and send it to us within 14 days. We may charge you a fee for each stop-payment order you issue. If the regular payments you have established vary in amount, our Service Providersthe entity you have authorized payment to should inform you 10 days prior to each payment how much the payment is for and when it will be issued. You may choose instead to receive 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. If you inform us to stop one of these payments or transfers three Business Days or more before it is scheduled, and we do not do so, we will be liable for your losses or damages, subject to the terms of this Institution (such asAgreement and to the extent required by law. Contact Customer Service immediately if you think your Account history or receipt is wrong or if you require additional information about a transaction listed on the Account history or receipt. You must contact Customer Service no later than 90 days after the problem or error appears in your Account history. You should provide the following information: name, but Account number, description of the error or the transaction, explanation as to why you believe it is an error or why you need more information, and the dollar amount of the suspected error. If you inform us orally, we may require that you send your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we require additional time, we may take up to 45 days to investigate your complaint or question. If additional investigation is required, we will credit your Account within 10 Business Days for the disputed amount. If we ask you to put your complaint or question in writing and we do not limited toreceive it within 10 Business Days, firewe may not credit your Account. For errors involving new Accounts, floodPOS, or interference from an outside force) prevent 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 proper execution disputed amount. We will inform you of the transaction and results within three Business Days after completing the investigation. If we have taken reasonable precautions to avoid those circumstancesdecide that there was no error, we will send you a written explanation. Provided none You may ask for copies of the foregoing exceptions are applicable, if documents that were used in the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related chargesinvestigation.

Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Xxxxxx; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, internet service, and/ or telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the Xxxxxx received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. 10. Activity and tracking logs of the Service show that you began a transfer or payment process but failed to complete the final submission of the transaction. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a Xxxxxx, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Xxxxxx any previously misdirected transactions, and, if applicable, for any late payment related charges.