I. Introduction >>

This Online Access Agreement and Disclosure ("Agreement") sets forth the terms and conditions governing the online banking services offered through FAIRWINDS Online (the "Online Services"). By selecting the "I Agree" tab at the end of this Agreement or using the FAIRWINDS Online Services, or any of them, you agree to the terms and conditions of this Agreement.

Privacy and Security Statement:

This privacy statement describes the privacy policy and practices of FAIRWINDS Credit Union. Click here to view our latest Privacy Policy. All financial companies need to share members' personal information to run their everyday business. Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. The privacy policy will explain how we collect, share, use, and protect your information here at FAIRWINDS Credit Union. Please read this notice carefully to understand how we handle user privacy.

This Article I, and Articles II, III, and IX, except as specifically noted, contain terms, conditions and provisions applicable generally to this Agreement and all products, services and relationships provided under, arising from or contemplated by this Agreement. Articles IV, V, VI, VII, and VIII contain additional terms, conditions and provisions applicable to the Bill Payment, Remote Deposit, Online Money Movement (including Funds Transfer and Popmoney), Debit Rewards Offers, and Money Management Services, respectively, offered by FAIRWINDS Credit Union.

As used herein, the terms "we," "us," "our," "FAIRWINDS Credit Union," "FAIRWINDS" and "Credit Union" refer to FAIRWINDS Credit Union. "You" refers to each person who has applied for or uses the FAIRWINDS Online Services, or any of them; and "FAIRWINDS Online Services" means the Bill Payment, Remote Deposit, Online Money Movement (including Funds Transfer and Popmoney), Debit Rewards Offers, and Money Management Services provided pursuant to Articles IV through VIII, respectively, and all other products and services provided through use of FAIRWINDS Online.

Each of your accounts at FAIRWINDS Credit Union is also governed by the applicable account agreement and disclosure statement ("Deposit Agreement"), including, without limitation, your Membership and Account Agreement. In addition to this Agreement, you agree to be bound by and will comply with the requirements of the applicable Deposit Agreement, the Credit Union's rules and regulations, and applicable State and Federal laws and regulations. We agree to be bound by them also.

II. Definitions >>

"Accounts" means your deposit accounts with us or any other financial institution.

"Application" means a delivery channel for various services, information, and other functions that can be added to a Remote Device.

"Application Agreement" means the agreement governing the use of the Application you must download to your Remote Device in order to use a FAIRWINDS Online Service.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Bill Payment Account" is the checking account from which bill payments will be debited.

"Bill Payment Services" means the bill payment services described in and offered pursuant to Article IV hereof.

"Business Day" means Monday through Friday, excluding any federal holiday.

"Check 21" means the Check Clearing for the 21st Century Act.

"Debit Rewards Offers" means the purchase rewards application described in and offered pursuant to Article VII hereof.

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Funds Transfer Service" means the transfer of funds between any two of your accounts at FAIRWINDS Credit Union or any accounts you own at other financial institution, as described in and pursuant to Article VI hereof.

"Image" means the electronic image of the front and back of an Item, in addition to other required information, as specified by us, in the format we specify.

"Image Replacement Document" or "IRD" means a substitute check, as defined in Check 21.

An "Item" is an original: check, cashier's check, official check, U.S. Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in U.S. currency that is payable to you. Items are deemed to be "items" under the Uniform Commercial Code and "checks" under The Expedited Funds Availability Act and Regulation CC.

"Money Management" means the financial management service described in and offered pursuant to Article VIII hereof.

"Online Money Movement Services" means the Funds Transfer Service and Popmoney services.

"Payment Instruction" is the information provided by you to the Bill Payment Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Popmoney" means the transfer of funds from one of your accounts to an account of a Recipient, as described in and pursuant to Article VI hereof.

"RDC Account" means your deposit account with us to which you are authorized to make a deposit using a Remote or Mobile Device.

"RDC Service" means the remote deposit capture service described in Article V hereof.

"Remote or Mobile Device" means any device acceptable to us from time to time that provides for the capture of images from Items and for transmission through the clearing process. Supported devices are subject to change without prior notice to you.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

III. Access and Protecting Your Account

A. Accessing Your FAIRWINDS Credit Union Accounts through FAIRWINDS Online

To access your accounts through FAIRWINDS Online, you must have a FAIRWINDS Credit Union account, a FAIRWINDS Online username and an Online password. You will be given an Online password for your use to log on to FAIRWINDS Online the first time. Upon logging in to FAIRWINDS Online the first time, you will be required to create a new username and password. You will use the username and password at the time of each subsequent login to FAIRWINDS Online.

You may change your Online password through using the options buttons within FAIRWINDS Online. We recommend you change your Online password regularly. For security purposes, it is recommended that you memorize your Online password and do not write it down. You are responsible for keeping your username, Online password, member numbers and other account data confidential.

B. Password and Security

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments and transactions you authorize using FAIRWINDS Online Service. If you permit other persons to use any FAIRWINDS Online Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the FAIRWINDS Online Services, or any of them, without your consent or has transferred money without your permission, you must notify us at once by calling FAIRWINDS Credit Union Member Services at (407) 277-5045 / (800) 443-6887, or writing us at FAIRWINDS Credit Union, 3087 N. Alafaya Trail, Orlando, FL 32826.

C. Consent to Contact

You agree we and our third-party vendors (including debt collectors) may contact you by telephone or at any telephone number associated with your account, including wireless telephone numbers (i.e. cell phone numbers) which could result in charges to you, in order to service your account, prevent fraud or collect any amounts owed to us, excluding any contacts for advertising and telemarketing purposes as prescribed by law. You further agree methods of contact may include use of pre-recorded or artificial voice messages and use of an automatic dialing device. You may withdraw the consent to be contacted at your wireless telephone number(s) at any time by written notice to us at FAIRWINDS Credit Union, 3087 N. Alafaya Trail, Orlando, FL 32826, by email at [email protected], by telephone at 800.443.6887 or by any other reasonable means. If you have provided or provide a wireless telephone number(s) to us in connection with your accounts, or any of them, you represent and agree you are the wireless subscriber or customary user with respect to the wireless telephone number(s) provided and have the authority to give this consent. Furthermore, you agree to notify us of any change to the wireless telephone number(s) which you provide to us. You agree to indemnify us and our third-party vendors, and hold us and our third-party vendors harmless, from and against any and all losses, claims, damages, liabilities, costs or expenses (including any attorneys' fees) that arise out your breach of any of the foregoing representations and agreements.

Fairwinds Credit Union SMS Text Messaging Alerts - When you give us your mobile phone number and consent to “SMS text messaging” we have your permission to contact you at that number about all your FAIRWINDS accounts. You can cancel the SMS service at any time. Just text STOP to the short code. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected], by telephone 800.443.6887. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages based on the frequency of account activity or alerts opted in on. If you have any questions about your telephone data plan, it is best to contact your wireless provider. You agree further, in order to help mitigate harm to you and your account, we may contact you on any telephone number associated with your account, including a wireless telephone number (i.e., cell phone number), to deliver to you any messages related to suspected or actual fraudulent activity on your account, data security breaches or identity theft following a data breach, money transfers, or any other exigent messages permitted by applicable law. These contacts will not contain any telemarketing, cross-marketing, solicitation, advertising of any kind. The contacts will be concise and limited in frequency as required by law. You will have an opportunity to opt-out of such communications at the time of delivery.

D. Electronic Statement and Document Consent

You consent and agree that we may provide all disclosures, agreements, contracts, periodic statements, receipts, modifications, amendments, billing statements and all other evidence of our transactions with you or on your behalf electronically (hereinafter all such documentation is referred to as "electronic record(s)"). You understand that electronic records may include information about you and your account(s), including, but not limited to, your name, address, account numbers, check numbers and balance information.

We may post any or all electronic records on FAIRWINDS Online, which is accessible from our website, www.fairwinds.org. If we post electronic records on FAIRWINDS Online, we will send a notice through FAIRWINDS Online alerting you of the posting of such records. You agree that you will log in to FAIRWINDS Online at least once every thirty (30) days to ensure you receive such notices. If we post electronic records on FAIRWINDS Online, the electronic records will remain available for at least twenty-four (24) months. We reserve the right to send any or all records to you in paper form to your current postal mailing address in our file.

Error Resolution: You understand the importance of your role in preventing misuse of your account. You agree to promptly examine your periodic statement and notify us immediately of any errors on your account. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. You may contact us at 407-277-5045, 1-800-443-6887 or send us your question online.

EXCLUSION OF WARRANTIES. CREDIT UNION IS PROVIDING ELECTRONIC RECORDS "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. CREDIT UNION DOES NOT WARRANT THAT ELECTRONIC RECORDS ARE ERROR-FREE, OR THAT ACCESS TO AND USE OF ELECTRONIC RECORDS WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL CREDIT UNION OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF ELECTRONIC RECORDS, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF CREDIT UNION OR ANY OF ITS LICENSORS OR SUPPLIERS HAS BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON CREDIT UNION OR ANY OF ITS LICENSORS OR SUPPLIERS, THE TOTAL LIABILITY OF CREDIT UNION OR ITS LICENSORS OR SUPPLIERS, AS THE CASE MAY BE, TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ELECTRONIC RECORDS. THE FOREGOING SHALL CONSTITUTE THE ENTIRE LIABILITY OF CREDIT UNION AND ITS LICENSORS AND SUPPLIERS AND YOUR EXCLUSIVE REMEDY HEREUNDER. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.

Receipt of Paper Documents; Cancellation of Electronic Records: You have the right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. To request a paper copy, contact us at (407) 277-5045 / (800) 443-6887 or write us at 3087 N. Alafaya Trail, Orlando, FL 32826. A fee to receive paper copies of these electronic records may be assessed as set forth in your Service Charge Schedule. You should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. You also have the right to terminate your receipt of electronic records and receive paper records at any time by simply logging in to your FAIRWINDS Online account, clicking on "Change Delivery Preference" under the E-Statements option of the Additional Services tab and choosing "Yes, I want to receive paper statements." Your records will be mailed to you in the future thereafter. FAIRWINDS Credit Union has the right to terminate its obligation to provide electronic records to you upon ten days prior written notice by email or US Mail.

Equipment and Software Requirements: To receive electronic records, you need a computer with the latest version of Adobe Acrobat Reader (there is a free download available on our e-Statement download screen) and internet access using the latest version of Firefox, Chrome, Microsoft Edge or Safari. By requesting or accessing any electronic periodic statements, any electronic funds transfers, internet banking, or other electronic records, services or transactions, or by submitting any application or agreement to us electronically or by e-mailing us, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide.

"E-mail" Communication: You acknowledge and agree that the Internet is inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim or damages arising or in any way related to our response(s) to any e-mail or other electronic communication which we in good faith believe you have submitted to us. We have no duty to investigate the validity of or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the e-mail address provided by you through FAIRWINDS Online. To change your e-mail address through FAIRWINDS Online, log into Online Banking, go to My Settings and update your email address.

Any e-mail returned to us as undelivered may be re-sent to you at any other e-mail address that we have in your file unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.

E. Hardware and Software Requirements

In order to access and use the FAIRWINDS Online Services, and retain certain communications, you must have:

• An Internet browser that supports 128-bit encryption, such as the latest versions of Chrome, Firefox, Microsoft Edge, or Safari.

• An e-mail account and e-mail software capable of reading and responding to your e-mail.

• A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.

• Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.

• A printer that is capable of printing from your browser and e-mail software

• A telephone capable of accepting either a voice response or text message

In order to access and use Mobile Banking you must have a compatible and supported mobile phone served by a certified mobile carrier, be enabled to receive and transmit data, and must include texting functionality.

You must have a Remote Device in order to utilize the RDC Service.

F. Fees and Charges

There are currently no fees for accessing your account(s) through FAIRWINDS Online. However, there may be fees associated with optional banking services and features, such as Bill Payment Services. Please refer to the Credit Union's Service Charge Schedule for details of applicable fees. You authorize us to deduct any such fees from any account in your name.

We reserve the right to change the charges or fees for accessing your accounts through FAIRWINDS Online or using the FAIRWINDS Online Services, or any of them, at any time. We will notify you online, send a notice to you at the address shown on our records, or send you an electronic mail message, as required by applicable law.

G. New Services

FAIRWINDS Credit Union may, from time to time, introduce new online services. By using these services when they become available, you agree to be bound by the rules governing your use of the services.

H. Benefits of Using FAIRWINDS Online

With FAIRWINDS Online, you can manage your personal accounts from your home or office on your personal computer or mobile device. You can use FAIRWINDS Online to:

• • View account balances and review transaction history.

• • Transfer money between your Credit Union accounts and your accounts at other financial institutions.

• • Transfer funds from one of your accounts at

  FAIRWINDS

  or another financial institution to a recipient.

• • Pay bills or transfer funds to any merchant, institution or individual.

• • Communicate directly with

  FAIRWINDS

  Credit Union through E-mail.

• • View and archive electronic documents, including statements and notices.

I. Payment Account

Although there are no fees for accessing your accounts through FAIRWINDS Online, you may be asked to designate a payment account for selected service(s), such as the Bill Payment Account for Bill Payment Services. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for any such fees and charges. If you close the payment account, you must notify FAIRWINDS Credit Union and identify a new payment account for the selected service(s).

J. Transfers from Non-Transactional Accounts

The number of transfers from a non-transactional account (e.g., a savings account) is limited as described in the applicable Deposit Agreement and disclosure. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

K. Overdrafts: Order of Payments, Transfers, Other Withdrawals

If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, pre-authorized transactions, FAIRWINDS Online transfers and bill payments, etc.) that you have requested for a given business day, then:

• Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and

• The electronic funds transfers initiated through FAIRWINDS Online may result in an overdraft of your account and may, at FAIRWINDS Credit Union's discretion, be canceled.

In addition, you will be charged the same overdraft charges that apply to your account.

L. Hours of Accessibility

You can access your FAIRWINDS Credit Union accounts through FAIRWINDS Online seven days a week, 24 hours a day. However, at certain times, some or all of FAIRWINDS Online may not be available because of system maintenance. You will be notified online when this occurs.

A transfer initiated through FAIRWINDS Online before 7:00pm on a business day is posted to your account the same day. All transfers completed after 7:00pm on a business day or on a Sunday or federal holiday will be posted no later than the next business day.

M. Third-Party Charges

You agree to be responsible for any third-party charges (e.g., internet, telephone, mobile SMS) incurred by accessing your FAIRWINDS Credit Union accounts or conducting Online Services through FAIRWINDS Online.

N. Preventing Misuse of Your Account

Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call FAIRWINDS Credit Union Member Services at (407) 277-5045 / (800) 443-6887.

In addition to protecting your passwords and account information, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account

O. Secured Electronic Mail (E-mail)

Sending secured electronic mail (E-mail) through FAIRWINDS Online is a safe way to communicate with FAIRWINDS. E-mail is provided for you to ask questions about your account(s) and provide general feedback. E-mail is accessible after you sign on to a session of FAIRWINDS Online with your password. To ensure the security of your account information, we recommend that you use the E-mail feature within FAIRWINDS Online when asking specific questions about your account(s). It is assumed that any communications through FAIRWINDS Online were sent or authorized by you.

You cannot use E-mail to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within FAIRWINDS Online or call (407) 277-5045 / (800) 443-6887.

P. Important Things To Remember

FAIRWINDS will NEVER contact our members and ask them to provide their online banking credentials. This includes, but is not limited to, by mail, phone, email or in-person.

Establishing an e-Alert for certain transaction types or dollar amounts can help you stay aware of activity on your account. FAIRWINDS also provides real-time reporting and pending debits on all accounts. Periodic review of your accounts can help identify suspicious activity early.

In the event you do identify suspicious activity on any of your accounts, please contact FAIRWINDS immediately at (407) 277-5045.

IV. Bill Payment Service >>

A. Payment Scheduling

The earliest possible Scheduled Payment Date for each Biller (typically five (5) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

Payments to Billers outside of the United States or its territories are prohibited through the Bill Payment Service.

B. Service Guarantee

Due to circumstances beyond the our control, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to the account to which you have directed payment. Except as set forth below, we will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

Although tax payments and court-ordered payments may be scheduled through the Bill Payment Service, such payments are discouraged and are scheduled at your own risk. In no event shall we be liable for any claims or damages resulting from your scheduling of these types of payments. All research and resolution for any misapplied, mis-posted or misdirected tax or court-ordered payments will be the sole responsibility of you and not of the Service.

C. Payment Authorization and Payment Remittance

By providing us with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions we receive through the payment system. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller directives.

When we receive a Payment Instruction through the Bill Payment Services, you authorize us to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.

We will use our best efforts to make all your payments properly. However, we shall incur no liability and any Service Guarantee shall be void if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. If, through no fault of the Credit Union, your Payment Account does not contain sufficient funds to complete the transaction;

2. The payment processing center is not working properly and you know or have been advised by us or on our behalf about the malfunction before you execute the transaction;

3. You have not provided us with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

4. Circumstances beyond our control (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 we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

D. Payment Methods

We reserve the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

E. Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment, the payment cannot be cancelled or edited, therefore a stop payment request must be submitted.

F. Stop Payment Requests

Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Member Services. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. You will be charged for each stop payment request in accordance with our current Service Charge Schedule.

G. Bill Delivery and Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following:

Information provided to the Biller - We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

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

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification - We will use our best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Payment Service, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill - We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

H. Service Fees and Additional Charges

Any applicable fees will be charged regardless of whether the Bill Payment Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

I. Failed or Returned Transactions

In using the Bill Payment Service, you are requesting the Bill Payment Service to make payments for you from your Bill Payment Account. You understand Billers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Biller's forwarding address expired;

Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. If we are unable to complete the transaction for any reason (including, without limitation, insufficient funds in your Bill Payment Account), the transaction will not be completed. In such case, you agree to reimburse us for any fees imposed by the payee or a financial institution as a result of the return. In some instances, you will receive a return notice from us.

J. Address or Account Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Member Services. Any changes in your Bill Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Bill Payment Account information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Payment Account or contact information.

K. Biller and Amount Limitation

We reserve the right to refuse to pay any Biller to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

In addition, we may establish limits on the dollar amount and/or number of payments permitted through the Bill Payment Service. We will notify you promptly if we to refuse to make a Bill Payment in an amount scheduled by you.

L. Information Authorization

Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. In order to verify ownership of the Bill Payment Account(s) and/or Billing Account, we may issue offsetting debits and credits to the Bill Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Bill Payment Service, you agree that we reserve the right to request a review of your credit rating at our expense through a credit reporting agency. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

V. Remote Deposit Capture Service (RDC) >>

A. RDC Service

Pursuant to the terms of this Agreement, you may use the RDC Service to deposit Items to your Account by creating an Image of the Item using a Remote Device, and transmitting that Image to us for deposit. You may transmit Images to us only from a Remote Device located in the United States.

You agree to endorse any item transmitted through the RDC Service with your signature and adding the restrictive endorsement "For FAIRWINDS Mobile Deposit Only, Account #______" or as otherwise instructed by us, prior to transmission of the Item. You agree to follow any and all other procedures and instructions for use of the RDC Service as we may establish from time to time. You agree Credit Union may, in its sole discretion and without prior notice to you, reject Items not endorsed as set forth herein or as otherwise established by us from time to time.

B. Hardware and Software Requirements

You agree to transmit an Image to us using only a Remote Device authorized by us for your use to transmit Images. We may, but are not required to, reject Images that you transmit to us with an unapproved Remote Device or by other means to which we have not given our consent.

You are responsible for the security of the Remote Device and for allowing its use only by individuals authorized by you. You agree to implement and maintain specific internal security controls to protect the Remote Device and customer information. We may require that you implement and maintain additional specific controls, and we may notify you of those controls and amend them from time to time.

C. Image Quality

You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards, we may reject the Image. We will provide you notice of such rejection and an opportunity to correct the quality of the Image. Failure to retransmit the Image in compliance with our quality standards will result in the deposit being rejected and cancelled.

Each Image must include the front and back of the Item and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.

D. Processing Images

You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us and any other bank to which an Image is sent to handle the Image or IRD.

E. Limits

We may establish limits on the dollar amount and/or number of Items or deposits permitted to be deposited by you through use of the RDC Service from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of the established limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.

F. Deposit of other items; deposits when RDC Service not available

You agree that you will not use the RDC Service to deposit anything not meeting the definition of an Item. If you use the RDC Service to transmit anything that is not an Item, or if for any reason we are not able to recognize something transmitted as an Item, we may reject it without prior notice to you. You agree to make those deposits through other channels that we offer, such as at a Credit Union branch, ATM, or mail. You further agree to use such other channels when the RDC Service may not be available.

G. Returned Items

You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account or any other account in your name. You acknowledge that all credits received for deposits made through the RDC Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.

H. Handling of Transmitted Items

You agree not to allow an Item to be deposited or presented for payment more than once to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image of an Item that has already been presented to us or to any bank by any means. If an Image of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you.

For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item for at least 21 calendar days from the date of the Image transmission and thereafter destroy any Item of which you have transmitted an Image.

I. Cooperation with Investigations

You agree to cooperate with us in the review or investigation of any transactions, poor quality transmissions or claims, including, without limitation, by providing, promptly upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.

J. Payment Processing

(1) Item Processing

At our sole discretion, we may process Images you send to us electronically through other financial institutions, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us Images that are incomplete, that fail to satisfy our image quality requirements, or otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your account.

(2) Receipt of Items

We reserve the right to reject any Image or Item transmitted through the RDC Service, at our discretion, without liability to you. We are not responsible for Images we do not receive or for Images that are dropped during transmission. You shall be responsible for verifying our receipt of an Image or Item transmitted through the RDC Service by verifying that deposits have been posted to the appropriate accounts. Although a deposit may be posted to your account or we send you a confirmation that we have received an Image or Item and accepted your deposit, we may subsequently reject the deposit if the transmission was incomplete or contained an error. All deposits are provisional until we receive final payment. .

(3) Funds Availability

If an Image you transmit through the RDC Service is received and accepted before 4:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. You agree, however, that Items transmitted through the RDC Service are not subject to the funds availability requirements set forth in the "Funds Availability Policy Disclosure" section of the Credit Union's Member Handbook or Regulation CC of the Federal Reserve Board. Nevertheless, we will generally make the first $200 of a

day's total deposits available by the first (1st) business day after the day of your deposit and the remainder available by the second (2nd) business day after the day of your deposit.

(4) Errors

You agree to notify us of any suspected errors regarding Items deposited through the RDC Service as soon as possible, and in no event later than 60 days after the applicable Credit Union account statement is sent to you. Unless you notify us within 60 days, such statement regarding all deposits made through the RDC Service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.

K. Representations and Warranties