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

Our Liability for Failure to Complete Transfers. If We do not complete a transfer from a consumer account on time or in the correct amount according to Our agreement with You, We will be liable for Your losses or damages. However, there are exceptions. We will NOT be liable, for instance: • If, through no fault of Ours, You do not have enough available money in the account from which a transfer is to be made, or if the account has been closed or is not in good standing, or if We reverse a transfer because of insufficient funds. • If any transfer would go over the credit limit of any account. • If Your equipment or Ours was not working properly and the breakdown should have been apparent to You when You attempted to conduct the transaction. • If You have not given Us complete, correct or current account numbers or other identifying information so that We can properly credit Your account or otherwise complete the transaction. • If You do not properly follow Our instructions or if You provide Us with wrong or inaccurate information or fail to correct or tell Us about any inaccuracy of which You are aware. • If You do not instruct Us soon enough for Your transfer to be received and credited. • If the money in the account from which a transfer is to be made is subject to legal process or other claim restricting the transaction. • If circumstances or persons beyond Our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that We have taken. If You want to stop or change transfers You have instructed Us to make, You must notify Us before We have started processing the transaction. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to do this is for You to access the appropriate function in Our OnLine Banking service no later than the day before the business day the transfer is scheduled to be made, and either delete it or make the change. Stop Payments for checks (electronic or written) can be submitted within OnLine Banking using the Stop Payment feature in Services. You may also call Us at 000.000.0000 or by using any electronic stop payment method which We provide for this purpose. If You call, You must do this in time for Us to receive Your request 3 business days or more before the transfer is scheduled to be made. If You call, We may also require You to put Your request in writing on paper and get it to Us within 14 days after You call. There may be fees applied to Your account(s) for using stop payment services. Please check Our Fee Schedule for more information. If You order Us to stop a preauthorized recurring transfer from a consumer account as described above, and We do not do so, We will be liable for Your losses or damages. Bill Payment is offered to members in connection with DFCU OnLine. If You enroll for this service, a separate agreement and disclosure will be provided to You. By using DFCU OnLine Bill Payment Service offered herein, You agree to abide by the terms and conditions set forth in this paragraph and any further instructions provided to You by the Credit Union or the bill payment processor regarding processing of payments.

Our Liability for Failure to Complete Transfers. If We do not complete a transfer from a consumer an account on time or in the correct amount according to Our agreement with You, We will be liable for Your losses or damages. However, there are exceptions. We will NOT be liable, for instance: • If, through no fault of Ours, You do not have enough available money in the account from which a transfer is to be made, or if the account has been closed or is not in good standing, or if We reverse a transfer because of insufficient funds. • If any transfer would go over the credit limit of any account. • If Your equipment or Ours was not working properly and the breakdown should have been apparent to You when You attempted to conduct the transaction. • If You have not given Us complete, correct or current account numbers or other identifying information so that We can properly credit Your account or otherwise complete the transaction. • If You do not properly follow Our instructions or if You provide Us with wrong or inaccurate information or fail to correct or tell Us about any inaccuracy of which You are aware. • If You do not instruct Us soon enough for Your transfer to be received and credited. • If the money in the account from which a transfer is to be made is subject to legal process or other claim restricting the transaction. • If circumstances or persons beyond Our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that We have taken. If You want to stop or change transfers You have instructed Us to make, You must notify Us before We have started processing the transaction. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to do this is for You to access the appropriate function in Our OnLine Online Banking service no later than the day before the business day the transfer is scheduled to be made, and either delete cancel it or make the change. Stop Payments for checks (electronic or written) can be submitted within OnLine Online Banking using the Stop Payment feature in Services. You may also call Us at 000.000.0000 or by using any electronic stop payment method which We provide for this purpose. If You call, You must do this in time for Us to receive Your request 3 business days or more before the transfer is scheduled to be made. If You call, We may also require You to put Your request in writing on paper and get it to Us within 14 days after You call. There may be fees applied to Your account(s) for using stop payment services. Please check Our Business Fee Schedule for more information. If You order Us to stop a preauthorized recurring transfer from a consumer an account as described above, and We do not do so, We will be liable for Your losses or damages. Bill Payment Xxxx Xxxxxxx is offered to members members, Authorized Persons, and Managed Users in connection with DFCU OnLineOnline. If You enroll for this service, a separate agreement and disclosure will be provided to You. By using DFCU OnLine Online Bill Payment Service offered herein, You agree to abide by the terms and conditions set forth in this paragraph and any further instructions provided to You by the Credit Union or the bill payment processor regarding processing of payments.

Our Liability for Failure to Complete Transfers. If We we do not complete a transfer from a consumer account an External Transfer on time or in the correct amount according to Our agreement our Agreement with Youyou, We we will be liable for Your your losses or damages. However, there are some exceptions. We will NOT be liable, for instance: • Ifif, through no fault of Oursours, You you do not have enough available money in your account to make the account from which a transfer is to be made, or transfer; • if the account has been closed or is not in good standing, or if We reverse a transfer because of insufficient funds. • If any transfer would go over the credit limit of any account. • If Your equipment or Ours was not working properly and the breakdown should have been apparent to You when You attempted to conduct the transaction. • If You have not given Us complete, correct or current account numbers or other identifying information so that We can properly credit Your account or otherwise complete the transaction. • If You do not properly follow Our instructions or if You provide Us with wrong or inaccurate information or fail to correct or tell Us about any inaccuracy of which You are aware. • If You do not instruct Us soon enough for Your transfer to be received and credited. • If the money funds in the account from which a transfer is to be made is subject to legal process or other claim restricting the transaction. ; • If circumstances if we reverse a transfer because of insufficient available funds; • if an account has been closed or persons beyond Our control preventis not in good standing; • if the Service, delay, interceptthe Online Banking service, or alter your operating system or software was not functioning properly at the time you attempted to initiate such transfer and it was or should have been apparent to you at the time you began the transaction; • if your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction; • if the financial institution at which your External Account is held mishandles or delays processing or posting a transfer sent using the Service; • if you have not provided us with complete, correct, or current account numbers or other identifying information so that we can properly complete the transaction; • if you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware; • if you have not provided us with complete and correct External Transfer information, including without limitation the transfer amount for a transfer; • if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that We we have taken; or • for any other reason stated elsewhere in this or any other Agreement you have with us. If The list of examples set out in this section is meant to illustrate circumstances under which we would not be liable for failing to make a transfer and is not intended to list all of the circumstances where we would not be liable. In the event we are ever liable to you for damages related to the Service, your damages will be limited to actual damages only. We will not be responsible for indirect, special, incidental or consequential damages, court costs or attorneys' fees. It is your responsibility to obtain and maintain your online communications link to our Service and ensure that your use of such communications link is in compliance with applicable requirements, including any requirements of telecommunications companies and authorities. You want are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment necessary for you to stop or change transfers You have instructed Us to make, You must notify Us before We have started processing access and use the transactionService (“Systems”). This applies responsibility includes, without limitation, your utilizing up to both individual transactions date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are security, corruption, transmission error, and access availability risks associated with using open networks such as well as preauthorized recurring transactionsthe Internet and you hereby expressly assume such risks, including but not limited to those we may disclose in our educational materials. The normal way to do this is You acknowledge that you are responsible for You the data security of the Systems used to access the appropriate function in Our OnLine Banking service no later than the day before the business day the transfer is scheduled to be madeService, and either delete it or make for the changetransmission and receipt of information using such Systems. Stop Payments for checks (electronic or written) can be submitted within OnLine Banking You acknowledge that you are using the Stop Payment feature in ServicesService for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. You may also call Us at 000.000.0000 We are not responsible for any errors or by using any electronic stop payment method which We provide for this purpose. If You call, You must do this in time for Us to receive Your request 3 business days problems that arise from the malfunction or more before failure of the transfer is scheduled to be made. If You call, We may also require You to put Your request in writing on paper and get it to Us within 14 days after You call. There may be fees applied to Your account(s) for using stop payment services. Please check Our Fee Schedule for more information. If You order Us to stop a preauthorized recurring transfer from a consumer account as described above, and We do not do so, We will be liable for Your losses or damages. Bill Payment is offered to members in connection with DFCU OnLine. If You enroll for this service, a separate agreement and disclosure will be provided to You. By using DFCU OnLine Bill Payment Service offered herein, You agree to abide by the terms and conditions set forth in this paragraph and any further instructions provided to You by the Credit Union Internet or the bill payment processor regarding processing Systems nor are we responsible for notifying you of paymentsany upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems.

Our Liability for Failure to Complete Transfers. If We we do not complete a transfer to or from a consumer account your Account on time or in the correct amount according to Our agreement our Agreement with Youyou, We we will be liable for Your your losses or damages. However, there are some exceptions. We will NOT be liable, for instance: • If(a) if, through no fault of Oursours, You you do not have enough available money in your Account to make the account from which a transfer is to be madetransfer; (b) if circumstances beyond our control (such as fire or flood) prevent the transfer, or despite reasonable precautions that we have taken; (c) if the account has been closed or is not in good standing, or if We reverse a transfer because of insufficient funds. • If any transfer would go over the credit limit of any account. • If Your equipment or Ours Firefly Credit Union website was not working properly and you knew about the breakdown should have been apparent when you started the funds transfer or (d) for any other reason stated elsewhere in this Agreement. If we are ever obligated by law to You when You attempted pay dividends on the amount of a transfer, you will be paid dividends on a daily basis equal to conduct the transaction. • If You have not given Us complete, correct or current account numbers or other identifying information so annual percentage rate that We can properly credit Your account or is otherwise complete the transaction. • If You do not properly follow Our instructions or if You provide Us with wrong or inaccurate information or fail applicable to correct or tell Us about any inaccuracy of which You are aware. • If You do not instruct Us soon enough for Your transfer to be received and credited. • If the money in the account from which the funds transfer should have occurred. In the event we are ever liable to you for damages due to a transfer is transfer, your damages will be limited to actual damages only. We will not be made is subject to legal process responsible for incidental or other claim restricting the transactionconsequential damages, court costs or attorneys' fees. • If circumstances or persons beyond Our control preventYOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, delayFEES, interceptLOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, or alter the transaction, despite reasonable precautions that We have takenINCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS. If you do NOT tell us within 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. You want to stop can see a complete statement of all your funds transfers effected or change pending at any time by clicking on the History tab. If your statement shows transfers You have instructed Us to that you did not make, You must notify Us before We have started processing the transactionus AT ONCE. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to If you do this is for You to access the appropriate function in Our OnLine Banking service no later than the day before the business day not tell us within 60 days after the transfer is scheduled was posted to be madeyour statement, and either delete it or make you may not get back any money you lost after the change. Stop Payments for checks (electronic or written) 60 days, if we can be submitted within OnLine Banking using prove that we could have stopped someone from taking the Stop Payment feature money if you had told us in Services. You may also call Us at 000.000.0000 or by using any electronic stop payment method which We provide for this purposetime. If You calla good reason (such as a long trip or a hospital stay) kept you from telling us, You must do this in we will extend the time for Us to receive Your request 3 business days or more before the transfer is scheduled to be made. If You call, We may also require You to put Your request in writing on paper and get it to Us within 14 days after You call. There may be fees applied to Your account(s) for using stop payment services. Please check Our Fee Schedule for more information. If You order Us to stop a preauthorized recurring transfer from a consumer account as described above, and We do not do so, We will be liable for Your losses or damages. Bill Payment is offered to members in connection with DFCU OnLine. If You enroll for this service, a separate agreement and disclosure will be provided to You. By using DFCU OnLine Bill Payment Service offered herein, You agree to abide by the terms and conditions set forth in this paragraph and any further instructions provided to You by the Credit Union or the bill payment processor regarding processing of paymentsperiods.

Our Liability for Failure to Complete Transfers. If We we do not complete a transfer to or from a consumer account your Account on time or in the correct amount according to Our agreement our Agreement with Youyou, We we will be liable for Your your losses or damages. However, there are some exceptions. We will NOT be liable, for instance: • If(a) if, through no fault of Oursours, You you do not have enough available money in your Account to make the account from which a transfer is to be madetransfer; (b) if circumstances beyond our control (such as fire or flood) prevent the transfer, or despite reasonable precautions that we have taken; (c) if the account has been closed or is not in good standing, or if We reverse a transfer because of insufficient funds. • If any transfer would go over the credit limit of any account. • If Your equipment or Ours First South Financial Credit Union website was not working properly and you knew about the breakdown should have been apparent when you started the funds transfer or (d) for any other reason stated elsewhere in this Agreement. If we are ever obligated by law to You when You attempted pay dividends on the amount of a transfer, you will be paid dividends on a daily basis equal to conduct the transaction. • If You have not given Us complete, correct or current account numbers or other identifying information so annual percentage rate that We can properly credit Your account or is otherwise complete the transaction. • If You do not properly follow Our instructions or if You provide Us with wrong or inaccurate information or fail applicable to correct or tell Us about any inaccuracy of which You are aware. • If You do not instruct Us soon enough for Your transfer to be received and credited. • If the money in the account from which the funds transfer should have occurred. In the event we are ever liable to you for damages due to a transfer is transfer, your damages will be limited to actual damages only. We will not be made is subject to legal process responsible for incidental or other claim restricting the transactionconsequential damages, court costs or attorneys' fees. • If circumstances or persons beyond Our control preventYOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, delayFEES, interceptLOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, or alter the transaction, despite reasonable precautions that We have takenINCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS. If you do NOT tell us within 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. You want to stop can see a complete statement of all your funds transfers effected or change pending at any time by clicking on the Transfer Historylink. If your statement shows transfers You have instructed Us to that you did not make, You must notify Us before We have started processing the transactionus AT ONCE. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to If you do this is for You to access the appropriate function in Our OnLine Banking service no later than the day before the business day not tell us within 60 days after the transfer is scheduled was posted to be madeyour statement, and either delete it or make you may not get back any money you lost after the change. Stop Payments for checks (electronic or written) 60 days, if we can be submitted within OnLine Banking using prove that we could have stopped someone from taking the Stop Payment feature money if you had told us in Services. You may also call Us at 000.000.0000 or by using any electronic stop payment method which We provide for this purposetime. If You calla good reason (such as a long trip or a hospital stay) kept you from telling us, You must do this in we may extend the time for Us to receive Your request 3 business days or more before the transfer is scheduled to be made. If You call, We may also require You to put Your request in writing on paper and get it to Us within 14 days after You call. There may be fees applied to Your account(s) for using stop payment services. Please check Our Fee Schedule for more information. If You order Us to stop a preauthorized recurring transfer from a consumer account as described above, and We do not do so, We will be liable for Your losses or damages. Bill Payment is offered to members in connection with DFCU OnLine. If You enroll for this service, a separate agreement and disclosure will be provided to You. By using DFCU OnLine Bill Payment Service offered herein, You agree to abide by the terms and conditions set forth in this paragraph and any further instructions provided to You by the Credit Union or the bill payment processor regarding processing of paymentsperiods.

Our Liability for Failure to Complete Transfers. If We we do not complete a transfer to or from a consumer account your Account on time or in the correct amount according to Our our agreement with Youyou, We we will be liable for Your losses or damagesyour damages subject to the limitations set forth below. However, there are some exceptions. We will NOT be liable, for instance: • If(i) if, through no fault of Oursours, You you do not have enough available money in your Account to make the account from which a transfer is to be made, transfer; (ii) if circumstances beyond our control (such as fire or if flood) prevent the account has been closed or is not in good standing, or if We reverse a transfer because of insufficient funds. • If any transfer would go over the credit limit of any account. • If Your equipment or Ours was not working properly and the breakdown should have been apparent to You when You attempted to conduct the transaction. • If You have not given Us complete, correct or current account numbers or other identifying information so that We can properly credit Your account or otherwise complete the transaction. • If You do not properly follow Our instructions or if You provide Us with wrong or inaccurate information or fail to correct or tell Us about any inaccuracy of which You are aware. • If You do not instruct Us soon enough for Your transfer to be received and credited. • If the money in the account from which a transfer is to be made is subject to legal process or other claim restricting the transaction. • If circumstances or persons beyond Our control prevent, delay, intercept, or alter the transactiontransfer, despite reasonable precautions that We we have taken. If we are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current annual percentage rate that is otherwise applicable to the account from which the funds transfer should have occurred. In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. NASB will not be responsible for incidental, consequential damages, and/or punitive damages, court costs and/or attorneys' fees. ENDORSEMENTS/RESTRICTIVE LEGENDS - The period in which depositor is precluded from asserting against the Bank, his unauthorized signature or any alteration on the face or back of an item is fixed at 6 months in lieu of the period prescribed by section 400.4-406 RSMo. The period TELEPHONE TRANSFERS - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six per month (less the number of "preauthorized transfers" during the month). Other account transfer restrictions may be described elsewhere. PAYMENTS OR TRANSFERRING FUNDS TO YOUR ACCOUNT IS A WARRANTY OF AUTHORIZATION - By using any available payment or funds transfer service, you warrant that you are an authorized signer on the Account from which the funds are being drawn to make such payment or transfer. RATES - NASB determines the interest rate and APY, as well as the tiers and any introductory or bonus rate offered to the public on its E-Accounts, and may modify these at any time without notice. RESTRICTING YOUR ACCOUNT - If at any time we have reason to believe that any information provided by you to us is inaccurate, or that your transactions with us may subject us to loss or liability or are illegal, we reserve the right to restrict the funds in your Account for a period of up to 30 days, subject to our conducting a reasonable investigation and/or refuse to follow your instructions. We will notify you by email or conventional mail if we take such an action. We will not be liable to you for restricting funds in your Account even if such action causes outstanding recurring electronic fund transfers to be dishonored. CANCELING AN AUTOMATIC TRANSFER - You want to may not stop or change transfers You payment of an electronic transfer that is not recurring once you have instructed Us to make, You must notify Us before We have started processing initiated the transaction. This applies You can stop an automatic recurring payment or withdrawal that you have set up to both individual transactions as well as preauthorized recurring transactionsbe deducted from your Account by contacting us by telephone at 0-000-000-0000, or by email through NASB’s secure Internet Banking site. The normal way You must make your request in time for us to do this is for You to access the appropriate function in Our OnLine Banking service no later than the day receive it within three business days or more before the business day the transfer payment is scheduled to be made. If you call, and either delete it or make the change. Stop Payments for checks (electronic or written) can be submitted within OnLine Banking using the Stop Payment feature in Services. You we may also call Us at 000.000.0000 or by using any electronic stop payment method which We provide for this purposerequire you to put your request in writing and get it to us within 14 days after you call. If You call, You must do this in time for Us you order us to receive Your request 3 stop one of these payments three business days or more before the transfer is scheduled to be made. If You call, We may also require You to put Your request in writing on paper and get it to Us within 14 days after You call. There may be fees applied to Your account(s) for using stop payment services. Please check Our Fee Schedule for more information. If You order Us to stop a preauthorized recurring transfer from a consumer account as described above, and We we do not do so, We we will be liable for Your your losses or damages. Bill Payment STOP PAYMENTS - You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee. STATEMENTS - You are required to retrieve your Account statement showing your Account activity including your Electronic Funds Transfers electronically. The link for enrolling to receive electronic statements will be sent to you via an initial email immediately following your Account opening. You will not be mailed a printed monthly statement. Your statement may be generated on a quarterly basis, if there has been no activity in your Account for at least three months. You BALANCE OF ACCOUNT - The amount shown on our records will be accepted as the balance of your Account unless you can show differently. Balances shown on our Web site or through our automated telephone service are not official records. CHANGE OF ADDRESS - You must keep us informed of your current mailing address and your current email address. We may rely upon and will use the last address you or the U.S. Postal Service has given us. Any Account owner of a Joint Account may inform us of a change of address and we may rely on it with no liability to any other Account owner of that Account. DORMANT AND ESCHEATABLE ACCOUNTS - A Dormant Account is offered one on which you have not increased or decreased the amount in the Account, presented us with evidence of the Account, otherwise corresponded with us about the Account or indicated an interest in the Account as evidenced by a memorandum on file with us, or engaged in any credit, trust or other transaction with us for the amount of time specified under applicable law. Once a deposit Account has been dormant, the funds become escheatable. Thereafter, the payment of any interest on the Account ceases and a statement on the Account will no longer be sent. Subject to members applicable law, we may charge a dormant account fee on the account, and the account will be presumed abandoned. In accordance with applicable law and regulations, funds in connection with DFCU OnLineabandoned accounts will be remitted to the custody of the applicable governmental agency, and NASB will have no further liability to you for such funds. You will be notified in writing, if required by applicable law, at your last known address on our records before we take the actions stated in this paragraph. SETOFF/LEGAL PROCEEDING/DISPUTE- We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons' or legal entity's right to withdraw. If You enroll the debt arises from a note, "any due and payable debt" includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note. ARBITRATION - Any legal claim between you and us ("Claim") regarding these Rules and Regulations, this servicearbitration clause or your Account shall, a separate agreement and disclosure will at your or our request, be provided resolved by an arbitrator to You. By using DFCU OnLine Bill Payment Service offered herein, You agree to abide be mutually agreed upon by the terms parties. A party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim(s) subsequently asserted in that lawsuit by any other party or parties. This arbitration agreement is made pursuant to a transaction in interstate commerce, and conditions set forth in this paragraph and any further instructions provided to You shall be governed by the Credit Union or the bill payment processor regarding processing of payments.Federal Arbitration Act at 9 U.S.C. Section

Our Liability for Failure to Complete Transfers. If We do not complete a transfer from a consumer account on time or in the correct amount according to Our agreement with You, We will be liable for Your losses or damages. However, there are exceptions. We will NOT be liable, for instance: •  If, through no fault of Ours, You do not have enough available money in the account from which a transfer is to be made, or if the account has been closed or is not in good standing, or if We reverse a transfer because of insufficient funds. •  If any transfer would go over the credit limit of any account. •  If Your equipment or Ours was not working properly and the breakdown should have been apparent to You when You attempted to conduct the transaction. •  If You have not given Us complete, correct or current account numbers or other identifying information so that We can properly credit Your account or otherwise complete the transaction. •  If You do not properly follow Our instructions or if You provide Us with wrong or inaccurate information or fail to correct or tell Us about any inaccuracy of which You are aware. •  If You do not instruct Us soon enough for Your transfer to be received and credited. •  If the money in the account from which a transfer is to be made is subject to legal process or other claim restricting the transaction. •  If circumstances or persons beyond Our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that We have taken. If You want to stop or change transfers You have instructed Us to make, You must notify Us before We have started processing the transaction. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to do this is for You to access the appropriate function in Our OnLine Online Banking service no later than the day before the business day the transfer is scheduled to be made, and either delete it or make the change. Stop Payments for checks (electronic or written) can be submitted within OnLine Online Banking using the Stop Payment feature in Services. You may also call Us at 000.000.0000 or by using any electronic stop payment method which We provide for this purpose. If You call, You must do this in time for Us to receive Your request 3 business days or more before the transfer is scheduled to be made. If You call, We may also require You to put Your request in writing on paper and get it to Us within 14 days after You call. There may be fees applied to Your account(s) for using stop payment services. Please check Our Fee Schedule for more information. If You order Us to stop a preauthorized recurring transfer from a consumer account as described above, and We do not do so, We will be liable for Your losses or damages. Bill Payment is offered to members in connection with DFCU OnLineOnline. If You enroll for this service, a separate agreement and disclosure will be provided to You. By using DFCU OnLine Online Bill Payment Service offered herein, You agree to abide by the terms and conditions set forth in this paragraph and any further instructions provided to You by the Credit Union or the bill payment processor regarding regard ing processing of payments.