Common use of Our Liability if We Fail to Make Certain Electronic Funds Transfers (EFTs Clause in Contracts

Our Liability if We Fail to Make Certain Electronic Funds Transfers (EFTs. If we do not complete an EFT to or from your account on time or in the correct amount of time in accordance with the applicable Account Agreements, we will be liable to you for your actual losses except for the following instances where we will not be liable to you: a. If, through no fault of ours, you do not have enough Available Funds in your Account (or available credit in your overdraft plan as applicable) to cover the transaction. b. If the Service was not working properly and you were aware of the malfunction when you began the transaction. c. If circumstances beyond our control (such as telecommunication outages or interruptions, postal strikes, delays caused by power outages, fires, or floods) prevent the transaction or transfer, despite the fact that we have taken reasonable precautions. d. If you do not give us proper, complete or correct transfer instructions, or if you do not follow the procedures in this Agreement or any other Account Agreement with us for requesting such services. e. If your Username and/or password have been reported lost or stolen, or we have cancelled your Username and/or password, or the Service. f. If we have reason to believe that you or someone else is using the Service for fraudulent or illegal purposes. g. If there are other exceptions listed in our Account Agreements with you. h. If the funds in your Accounts are subject to legal process or other encumbrance restricting their use.

Our Liability if We Fail to Make Certain Electronic Funds Transfers (EFTs. If we do not complete an EFT to or from your account on time or in the correct amount of time in accordance with the applicable Account Agreements, we will be liable to you for your actual losses except for the following instances where we will not be liable to you: a. If, through no fault of ours, you do not have enough Available Funds in your Account (or available credit in your overdraft plan as applicable) to cover the transaction. b. If the Service was not working properly and you were aware of the malfunction when you began the transaction. c. If circumstances beyond our control (such as telecommunication outages or interruptions, postal strikes, delays caused by power outages, fires, or floods) prevent the transaction or transfer, despite the fact that we have taken reasonable precautions. d. If you do not give us proper, complete or correct transfer instructions, or if you do not follow the procedures in this Agreement or any other Account Agreement with us for requesting such services. e. If your Username Login ID and/or password have been reported lost or stolen, or we have cancelled your Username Login ID and/or password, or the Service. f. If we have reason to believe that you or someone else is using the Service for fraudulent or illegal purposes. g. If there are other exceptions listed in our Account Agreements with you. h. If the funds in your Accounts are subject to legal process or other encumbrance restricting their use.

Our Liability if We Fail to Make Certain Electronic Funds Transfers (EFTs. If we do not complete an EFT to or from your account on time or in the correct amount of time in accordance with the applicable Account Agreements, we will be liable to you for your actual losses except for the following instances where we will not be liable to you: a. If, through no fault of ours, you do not have enough Available Funds in your Account (or available credit in your overdraft plan as applicable) to cover the transaction. b. If the Service was not working properly and you were aware of the malfunction when you began the transaction. c. If circumstances beyond our control (such as telecommunication outages or interruptions, postal strikes, delays caused by power outages, fires, or floods) prevent the transaction or transfer, despite the fact that we have taken reasonable precautions. d. If you do not give us proper, complete or correct transfer instructions, or if you do not follow the procedures in this Agreement or any other Account Agreement with us for requesting such services. e. If your Username Login ID and/or password have been reported lost or stolen, or we have cancelled canceled your Username Login ID and/or password, or the Service. f. If we have reason to believe that you or someone else is using the Service for fraudulent or illegal purposes. g. If there are other exceptions listed in our Account Agreements with you. h. If the funds in your Accounts are subject to legal process or other encumbrance restricting their use.