Internet Banking and Bill Payment Agreement

Effective Date: May 10, 2024

Internet Banking Department:
(302) 226-9800
19927 Shuttle Road
Rehoboth Beach, DE 19971

PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.

Scope of this Agreement

This Agreement between you and County Bank, 19927 Shuttle Road, Rehoboth Beach, DE 19971, governs your use of our Internet Banking and Bill Payment services (the “Service”). The Service permits our Customers to perform a number of banking functions on accounts linked to the Service through the use of a personal computer and the Internet.

Accepting the Agreement

After you have carefully read this Agreement in its entirety you will be asked to accept the terms and conditions of this Agreement.

BY ACCEPTING THIS AGREEMENT WHEN YOU SIGN ON TO ONLINE BANKING, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALSO, BY ACCEPTING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED USER ACTING WITH FULL AUTHORITY AND THAT YOU ARE DULY AUTHORIZED TO EXECUTE THIS AGREEMENT. BY ACCEPTING, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE DECLINE BUTTON.

You should print and/or save a copy of this Agreement for your records. Future updates will be sent electronically. If you need a paper copy of this Agreement, please contact our Internet Banking Customer Service Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically.

Definitions

Administrator – refers to an administrative user available only to Business Customers. An Administrator may administer and assign access rights to Company Users.

ACH Origination - refers to the creation of debit and credit entries to facilitate the transfer or placement of funds in another institution through the Automated Clearing House (ACH) network. The ACH network is a funds transfer system governed by the National Automated Clearing House Association (NACHA).

Agreement - means these terms and conditions of the Internet Banking and Bill Payment services.

Authorized User - is any individual, Consumer, agent, Company User, or Administrator, whom you allow to use the Service or your Passcode or other means to access your Eligible Account(s).

Bill Payment Service Provider – refers to the contractor, sub-contractor, or provider of our Bill Payment and Delivery services (FIS).

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.

Billing Account - is the checking account from which all Service fees will be automatically debited.

Business Day - means Monday through Friday, excluding Saturday, Sunday and banking holidays set forth under the laws of the United States.

Business Customer - means the legal owner of a business account.

Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for online transactions is based upon our Business Days and the Eastern Standard time/Daylight Savings Time. For posting purposes, we will process all transactions completed by 4:00 P.M. on the same Business Day. Transactions completed after 4:00 P.M. will be processed on the following Business Day. Bill Payment cut-off and scheduling times differ and are further detailed in this Agreement.

Company ID – means an additional Business Identification Code used to access the Internet Banking Service.

Company User - means an Authorized User who has been assigned access to a Business Customer’s Eligible Account by an Administrator. Company Users may be granted full or limited access to originate online transfers such as ACH transactions and/or wire transfers.

Consumer – Refers to a natural person who owns an Eligible Account at County Bank and who uses the Service primarily for personal, family, or household purposes.

Direct Check – is a payment method similar to a check written by you on your Payment Account. Funds remitted to the Biller are deducted from your Payment Account when the Direct Check is presented to County Bank for payment. As a result, neither County Bank nor its Service Provider(s) can control when your Payment Account will be debited for a Direct Check Payment.

Due Date - is the date reflected on your Biller statement for which the Bill Payment is due. It is not the late date or grace period.

Eligible Accounts –An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from time-to-time as allowed by law or our Bill Payment Service Provider. Eligibility is based on account type and your customer to account relationship.

You may request Internet access to any account that you are a signer or owner. If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account.

When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.

Individual Payment Limit - is a dollar amount that the Service may impose on any individual payment you attempt to schedule.

Joint Accounts – an Eligible Account that is added to the Service which is jointly held or has multiple signers.

Passcode - means your password that is known solely by you and not by County Bank or our Service Providers that you use to access the Internet Banking Service.

Payment Account - is the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.

Payment Instruction - is the information provided by you to the 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).

Scheduled Payment - is a Bill 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 (other than Direct Check Payments, as described above), unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

Service – means the Internet Banking, Bill Payment and Delivery services offered by County Bank through its Service Providers.

Service Guarantee – the amount County Bank’s Service Providers will bear responsibility for in accordance with the terms and conditions of this Agreement should a Bill Payment post after its Due Date.

Service Provider - includes any agent, licensor, independent contractor, or subcontractor that County Bank may involve in the provision of Internet Banking, Bill Payment, and electronic Bill Delivery services.

Stop payment order request - means that the Bank will accept online instructions to stop payment on a check that the Customer anticipates will be presented against its Consumer or Business Account.

User ID – means a User Identification Code used to access the Internet Banking Service.

we, us, or our – As used within this Agreement, refer to County Bank and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee that County Bank may involve in the provision of the Service.

you and your - As used within this Agreement, “you” and “your” refer to the person enrolling in the Service, owner of the eligible accounts, Business Customer, Company User, as well as, an Administrator, subject to the parameters of multiple user access as set forth within the Service.

Prerequisites for Enrolling in the Internet Banking Service

In order to enroll in the Internet Banking Service:

You must have an Eligible Account with County Bank.
Your account with us must be in good standing.
You must be at least 18 years of age or older.
You must also be a resident of the United States or its possessions.

Hardware and Software Equipment Requirements:

You must have an Internet access device and use the most recent version of an Internet browser.
We recommend the use of the most current, fully patched, versions of Internet browsers for accessing the Internet Banking Service.
Some features of the Internet Banking Services may not be supported with older browsers.
You will need Internet access through an Internet service provider (ISP).
You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
You will also need an external email address for the delivery of electronic notices and disclosures.
You must maintain fully updated anti-virus protection on your computer at all times.

Prior to enrolling in the Internet Banking Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Internet Banking Service and to retain a copy of this Agreement.

If we revise hardware and software requirements, and if there is a material change that impacts your ability to access the internet Banking Service, we will give you advance notice of these changes and provide you an opportunity to cancel the service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES AND COMMUNICATIONS

IMPORTANT INFORMATION WILL BE FURNISHED TO YOU ELECTRONICALLY.

A. READ THIS NOTICE CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

THIS CONSENT COVERS ALL OF YOUR ACCOUNTS, PRODUCTS, AND SERVICES WITH COUNTY BANK, THAT ARE ACCESSIBLE, EITHER CURRENTLY OR IN THE FUTURE, THROUGH ONLINE BANKING OR OUR WEBSITES (THROUGH A PERSONAL COMPUTER OR MOBILE DEVICE). CERTAIN LAWS AND REGULATIONS REQUIRE COUNTY BANK TO DELIVER SPECIFIC INFORMATION TO YOU "IN WRITING", WHICH MEANS DELIVERY OF THE INFORMATION ON PAPER. WITH THE PASSAGE OF THE E-SIGN ACT, AND SIMILAR STATE STATUTES, WE MAY PROVIDE SUCH INFORMATION TO YOU ELECTRONICALLY IF WE PRESENT YOU CERTAIN DISCLOSURES (AS CONTAINED IN THIS NOTICE) AND YOU AGREE (CONSENT) TO RECEIVE THE INFORMATION ELECTRONICALLY. YOUR CONSENT WILL ALSO APPLY TO ANY OTHER PERSON NAMED ON YOUR ACCOUNT, PRODUCT, OR SERVICE. WE MAY PROVIDE YOUR ACCOUNT DISCLOSURES; PRIVACY NOTICE DISCLOSURE; AND ANY AMENDMENT OR OTHER DISCLOSURES RELATED THERETO (COLLECTIVELY CALLED "COMMUNICATIONS") ELECTRONICALLY RATHER THAN ON PAPER. SO THAT WE MAY FULFILL THIS REQUEST, YOU AGREE THAT WE SHALL ELECTRONICALLY PROVIDE TO YOU DISCLOSURES AND INFORMATION RELATED TO YOUR ACCOUNT, AND YOU MUST HAVE THE ABILITY TO PRINT OR DOWNLOAD THE INFORMATION. BY CONSENTING TO RECEIVE INFORMATION ELECTRONICALLY, YOU WILL NOT RECEIVE THE INFORMATION IN PAPER FORM, EXCEPT AS NOTED BELOW. PLEASE READ THE FOLLOWING IMPORTANT INFORMATION ABOUT ELECTRONIC COMMUNICATIONS BEFORE YOU DECIDE TO RECEIVE THEM ELECTRONICALLY.

B. Disclosures and Communications Available Electronically

By submitting this consent form, you may receive Communications relating to any County Bank account, product, or service electronically. Communications include disclosures, notices, agreements, fee schedules, statements, records, documents, or other information that we are required or that we desire to deliver to you. Examples may include, but are not limited to, the following:

Account agreements; fee schedules; fee notices; and other account disclosures.
Payment disclosures, including single payment or recurring payment authorization, and, if applicable, payment program disclosures.
Periodic account and activity statements.
Privacy Notice.
Disclosures and notices that may be required by various laws and regulations such as the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act or other applicable federal or state laws and regulations.
Other information related to your account, including account servicing letters, notices, and forms.

The above shall collectively be referred to as "Communications" that we may send to you electronically. All Communications from us delivered to you in electronic format will be considered "in writing." You should print or download, for your records, a copy of this document and any other Communication that is important to you. We may always, in our sole discretion or if required by law, provide you with any Communication in paper form, even if you have chosen to receive it electronically. Communications shall be sent to the primary address we show for you in our records.

C. Withdrawal of This Consent

You may withdraw this consent at any time after submission by:

Sending us a letter to County Bank, 19927 Shuttle Road, Rehoboth Beach, DE 19971
Sending us a secure message through the Internet Banking Service, or
By contacting us at this phone number: (302) 226-9800

If you send us a secure message through the Online Banking Service or write us a letter, please be sure to identify yourself and the applicable accounts. If you withdraw your consent to obtain electronic Communications, paper copies will be provided to you for future Communications. If you request a copy of a previous Communication, we may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically.

D. Updating Electronic Information

It is your responsibility to provide us with a true, accurate and complete email address, contact information and any other information needed to contact you electronically. To update your electronic address, you may call us at 302-226-9800 or update your information within Online Banking. You agree to promptly notify us when you change your email or other electronic address. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications.

E. System Requirements

To receive the requested Communications electronically, you will need the following:

1. An active email address and Internet connection, along with a web-enabled device with an operating system capable of supporting items 2 and 3.

2. A current version* of an Internet browser we support, which may include Edge, Firefox, Safari or Chrome.

3. Access to a printer or the ability to download information to keep copies for your records. You will also need a current version* of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader.

*By "current version", we mean a version of the software that is currently being supported by its publisher and that we support.

If we change hardware or software requirements, we will notify you.

If you enroll for a County Bank account, product, or service through one of our customer service representatives or using our equipment, your enrollment may not be complete until you take additional action. We will inform you, at the time of enrollment, of any additional action you must take. If you take the required action, you are confirming your consent to receive electronic Communications under the terms of this Consent Form.

NOTE: If you consent to electronic Communications but still desire a copy of Communications to be provided on paper, please call us at 302-226-9800. If we agree to provide written communication, we may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically.

By providing your consent at the end of this agreement, you give your affirmative consent to County Bank to provide electronic Communications to you, as described above. You further affirm and confirm that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have provided, or will provide to us, a current, valid email address to which we may deliver electronic Communications. By obtaining electronic delivery of Communications, you confirm that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives and/or delegates identified with your County Bank products and accounts.

As part of the enrollment process, we may ask if you want to receive electronic only versions of your account statements (e-statements). If you enroll for e-statements and then later decide that you want to receive paper statements, you can “opt-out” of electronic delivery within the Internet Banking Service. After your opt-out request is processed, you will begin receiving paper copies of account statements and additional charges may apply depending on the type of account you have and/or the reason and frequency of your requests for paper copies.

If you enroll for e-statements and then later close your accounts with County Bank, your access to the Internet banking Service will also be terminated. You may request paper copies of historical statements at the address listed above.

Basic Internet Banking Services

The basic features currently available through the Service include:

Transaction history
View current balance information for your linked County Bank accounts.
Review available transactions for your linked accounts.
Transfers between your accounts at County Bank
Secure e-mails via the Service’s messaging system
Secure File Transfers
View loan balances
Payments to loans at County Bank
Transaction downloads

Perform self-service account maintenance such as re-ordering checks, stopping payment on checks, changing address and phone, and changing your Online Banking password. Bill Payment services are optional. You can request Bill Payment privileges in the online enrollment process and/or you can add Bill Payment services at a later time by contacting our Internet Banking Department or sending us a secure message through the Service. Bill Payment customers also have access to electronic Bill Presentment or Bill Delivery.

We may add or remove certain features and/or functionality available from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.

Other Basic Internet Banking Features

A. Stop Payment Feature

The stop payment feature within the Service is only for stopping payments on checks that you have written. This feature is accessible in the Internet Banking Service and provides a means to securely forward your stop payment requests to us for processing.

Use the Stop Payment Order form to request a Stop Payment on checks you have written. This form is NOT available to cancel transfers between accounts and/or any electronic bill payments. Stop payment fees are assessed for each check as published in our current Fee Schedule.

You direct County Bank (‘we’, ‘our’, or ‘us’) to comply with this Stop Payment Order. The Stop Payment Order will not be effective until County Bank has received complete and accurate information necessary to identify the check and has a reasonable opportunity to process the request. If one of our banking locations has already cashed the check or charged your account, your Stop Payment Order cannot be honored. We assume no responsibility for honoring this Stop Payment Order if the description of the item that you provided us is inaccurate or incomplete, if the check number is wrong, the dollar amount is off by even a penny, or if you purchase your checks from a vendor not used or approved by us, our processing equipment may not catch the item in time. You will not hold us responsible if that happens.

You agree to hold us harmless from all costs and expenses we incur, including attorney's fees for consultation, at trial, and any appeals due to our refusal to pay the item. You agree not to hold us liable if the item is paid contrary to this Order and the payment is due to incorrect information you supplied.

This Stop Payment Order remains in effect for six months from the date it is requested and will automatically terminate six months from this date unless renewed in writing.

You must inform us of the exact amount of the item, the exact number of the check, the exact number of the account, and any other information we may require including the payee. If you do not give us the correct information, we may not be able to enforce the Stop Payment Order. We will not be responsible if you do not describe the check accurately. You may withdraw this order only in writing or in person at one of our branch offices.

You agree to the above terms and conditions and authorize the assessment of the applicable stop payment fee to the account affected by the Stop Payment Order. You also certify that you are an authorized signer on the account affected by the Stop Payment Order.

B. Check Reorders, Address Change, Order Documents, Secure E-Mail & Secure File Delivery Services

Additional features within the Service include: check reorders, secure emails for address changes, document requests, and secure file delivery. The submission of requests, such as those for address changes, document requests, or check reorders, will generate a secure email to County Bank. Generally, requests received through the Service’s secure e-mail feature will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact our Internet Banking Department.

We also offer a direct link for check reorders. This link will securely submit your reorder request directly to the check printer. In addition, in Internet Banking, you can request Bill Payment services and the addition/ removal of Linked Accounts. The secure file transfer feature within the Service provides a means for you to forward files to County Bank in a secure manner. There may be additional fees associated with some of these services, such as when you reorder checks through the Service. Fees will be disclosed in our fee schedule and/or at the time of your request.

C. Addition of New Services

County Bank may, from time to time, introduce new online services. We may notify you of the existence of these new services when they become available and, if you choose to make use of any new service, you agree to be bound by any terms and conditions regarding the new services that we may send to you.

Text Message (SMS) Terms of Use

Some banking functions and/or features within the Internet Banking Service, including but not limited to, alerts and out of band authentication, require text messages. You agree to the following terms of use for text messages.

Your wireless carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. County Bank does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.
By subscribing, you consent to receiving SMS messages, including text messages from us which may include offers from us, our affiliates and partners. If you want to unsubscribe, you can reply and text the word STOP.
You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
The service as well as the content and materials received through the service are proprietary to us and our licensors, and are for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
The service is available only in the United States.
We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
If you have any questions, e-mail support@countybankmail.com. If you receive a message from us, you can also reply and text the word HELP to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.

Commercial Internet Banking Services

Additional online features are currently available for Business Customers. These features may be subject to additional terms and conditions.

ACH Credit and Debit Origination
Wire Transfer Requests
Direct Deposit Originations
NACHA File Imports
Balance Reporting
Company User Administration

We may add or remove certain features and/or functionality from time-to-time. Business Customers interested in these services should contact us for additional information.

For Business Customers, the individual who executes/accepts this Agreement represents and warrants that he/she is acting with full authority for the applying entity, and that they are duly authorized to execute/accept this Agreement on behalf of the applying entity.

Mobile Banking Service

Mobile Banking will be offered to existing Internet Banking customers using an interface. Internet Banking customers may enroll via their mobile device. Instructions will be provided on the Bank's Website. Mobile App and Mobile Browser systems will allow the Customer to conduct funds transfers between their own accounts as established within Internet Banking and may view their account history. The bill payment feature will be available for payees established through Internet Banking; however, customers will not be able to initiate new payees through Mobile Banking. Authentication to Mobile App and Mobile Browser will require the customer to use their existing Internet Banking User ID and password.

The Bank's Mobile Deposit program enables approved customers to make check deposits without going to the Bank by providing an electronic check conversion service. The consumer customer must agree electronically to the mobile deposit agreement. Consumer customers are able to make deposits at their convenience via a mobile telephone connection to the Bank's mobile banking product, by photographing the check and transmitting to the Bank for deposit. Once the check is scanned, an electronic image of the check is transmitted to the Bank's Mobile Deposit System and the deposit is posted to the customer's account on the Bank's host system.

All eligible Mobile Deposit consumer customers will be provided electronic terms and conditions upon initial use of the Service.

Fees

Basic Internet Banking Service: (view balances and account transfers)

There is currently no charge for use of the online banking feature. However, County Bank reserves the right to charge for such services. If at any time, County Bank decides to charge for any of the current online banking services, you will be notified in advance of the effective date of such fees.

Bill Payment Fees:

Expedited Bill Payment Fees:

Expedited Bill Payment allows you to make an expedited payment to a payee. Depending on the recipient, payments may either be electronic payment, or a check sent overnight to the payee.

Expedited Electronic : The ability to schedule an expedited electronic payment is available for an additional fee of $4.95. Expedited Electronic Payments are available for a limited number of payees. Availability of Expedited Payment options will be limited based on biller capabilities, time of day, payment delivery mechanisms and other factors.
Overnight Check : The ability to schedule a check payment to be delivered overnight is available for an additional fee of $17.95. Overnight payments will not be allowed to any P.O. Box addresses or locations in Alaska, Hawaii, or any foreign or U.S. territory outside of the contiguous 48 states and District of Columbia.

For Business Customers, additional charges may apply for services such as: ACH Origination, Wire Transfers, or NACHA File Imports. These fees may vary and are subject to separate agreements.

There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us 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 fees assessed by your Internet service provider, telephone or mobile device carrier. Any applicable fees will be charged regardless of whether the Internet Banking Service was used during the billing cycle.

Enrollment Process

You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet.

The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your User ID and Passcode during the enrollment process.

When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Internet Banking Department will verify the information you submit for accuracy and proper authorizations.

Business Customers interested in the commercial features of the Service should contact us directly at (302) 226-9800 or you may send us a secure message through the Service.

Once you enroll in the Internet Banking Service, there is no additional enrollment process to utilize a mobile device.

Linked Accounts

When you first enroll for the Basic Internet Banking Service, we will link all of your designated Eligible Accounts to one User ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at (302) 226-9800 or send us a secure email message through the Service.

Business Customers may NOT link personal Consumer accounts to the Service.

In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Service.

Communications from County Bank

We will only send information concerning Internet Banking Services to the street address and email address you have designated to us (either in your enrollment or previously in other financial arrangements with County Bank Bank) as your primary address. This is done as a security procedure to help ensure the confidentiality of your Online Banking relationship. As a part of the Internet Banking Service, you consent to receive all legally required notifications via electronic means. We will provide all future electronic notices by posting them on the Online Banking Sign-on page. However, if an emergency occurs or if a change is necessary to maintain or restore the security of an account or the Online Banking system, we will provide any required change in terms notice as soon as possible if we are not able to provide it to you in advance. You may download or print the notices from your computer. At your request, we will provide you with a paper copy of any of the above documents or notices without any fee. You may obtain paper copies by contacting us at 302-226-9800. You may withdraw your consent to receiving future notices in electronic form, but if you do, we will immediately terminate your participation in the Internet Banking Service.

Signature Requirements

When any online transfer, ACH, wire transfer request or other Payment Instruction is initiated through the Internet Banking Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you.

Requirements for dual signatures on checks, if applicable, do NOT apply to Bill Payments or other transfers initiated through the Internet Banking Service. If your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the Internet Banking Service

Authorized Users of Business Customers that may be assigned payment or transactional capabilities through the Internet Banking Service should be authorized by the Business Customer to make or approve electronic transfers, even though that person’s authority to make transfers by other means may still require dual signatures.

If Authorized Users are not authorized persons on the signature card for each Linked Account, the Business Customer account owner(s) has the obligation to inform County Bank of the new individual or individuals with such authority. Such notice must be given to County Bank by calling us at (302) 226-9800. You may also write us at:

County Bank, Attn: Internet Banking Department, 19927 Shuttle Road, Rehoboth Beach, DE 19971

Account Balances

Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.

The balances within the Service are updated periodically and the Service will display the most current balance. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.

Canceling or Changing Transfers

You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still “pending”.

In order to cancel or change a pending transfer, use the following procedures:

1. Log in and make edits to the appropriate transaction.

2. Edits must be made before 4 P.M. EST for transfers scheduled to be processed the same Business Day.

3. You may edit a pre-scheduled (future dated/automatic) transfer any time before 4 P.M. EST on the Business Day before the scheduled transfer date.

4. For transfers, you can change the transfer amount to $0.00, or

5. If you accidentally transfer funds, you can schedule another transfer to move funds back to the original account.

If you need our assistance on making edits to automatic/future dated transfers; you can send us a secure email through the Service, call us at (302) 226-9800, or write to us at: County Bank, 19927 Shuttled Rd., Rehoboth Beach, DE 19971. We must receive your request three (3) Business Days or more before the transaction is scheduled for processing. In situations where the transaction is pending or approved, we may not have sufficient time to stop the transfer from further processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after the call. There is typically a fee associated with each stop-payment order you give. Please refer to our fee schedule for additional information or contact us at (302) 226-9800 for current stop payment fees.

If you order us to stop one of these transactions three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Separate agreements with Business Customers will detail the required time-frames for submitting and making changes to ACH transactions.

Canceling or Changing Wire Transfer Requests

Business Customers may be authorized for online wire transfer services. In these situations, separate agreements will detail wire transfer limits and the required time-frames for submitting and making changes to these types of transaction requests.

If you have been approved for wire transfers, you may edit or delete these types of transactions prior to “approving” the transactions. You may only edit or “unapproved” a pending wire request or ACH batch transaction prior to the scheduled payment or settlement date.

When a wire transfer request is approved for the current date, it is transmitted to us immediately for processing. If a change is necessary, you must contact us immediately; in these situations, we may not have sufficient time to stop transaction from further processing.

Transaction Limitations

We may from time to time, limit the number of, the type, and dollar amounts of any checks, drafts, withdrawals, payments, or transfers made by use of our Internet Banking Services, notwithstanding the amount in your accounts. 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 is removed. We may, at our discretion, allow your transfers to be paid and create an overdraft on the account. You agree to immediately reimburse us for the amount of the overdraft, and to pay any overdraft charges that may apply to your account, as set forth in your Account Agreement and Disclosures.

You authorize County Bank to withdraw, debit or charge the necessary funds from your designated County Bank account on the date on which you schedule any payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account(s) at the time of the withdrawal. It is necessary that collected funds be in your account no later than the business day before your Estimated Payment Date, Estimated Arrival Date or your Scheduled Transfer Date due to the electronic processing of payments.

Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may make no more than six (6) transfers and withdrawals from your account to another account of yours or to a third party in any month or statement cycle by means of a preauthorized, automatic or internet transfer, by telephonic order or instruction, or by check, draft, debit card or similar order. If you exceed these limitations, your account may be subject to a fee or be closed. Please refer to your original account agreement for excessive activity fees that may apply. Federal regulations currently place no limits on the number of transfers or Bill Payments from your checking accounts, therefore County Bank currently limits the Bill Payment Service to only checking accounts.

Bill Payment Terms and Conditions

A. Bill Payment Scheduling

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the Bill Payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller.

When scheduling Bill 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.

B. The Bill Payment Service Guarantee

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Except as expressly stated otherwise within this Agreement, County Bank and/or its Service Providers will bear the responsibility for any late payment related charges up to $50.00 should a Bill Payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.

C. Payment Authorization and Payment Remittance

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

When the Service receives a Payment Instruction, you authorize our Bill Payment Service Provider 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 our Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another Authorized User of the Service.

D. Payment Methods

Our Bill Payment Service Provider reserves 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, or a Direct Check Payment.

E. Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a Scheduled Payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described within this Agreement.

F. Bill Payment Stop Payment Requests

You may cancel or edit a Scheduled Payment up until the time that payment processing begins. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a payment, it cannot be cancelled or edited, and a stop payment request must be submitted.

We must have a reasonable opportunity to act upon any stop payment request made after payment processing has begun. The ability of County Bank and its Service Provider to process a stop payment on a Bill Payment request that is already in process will depend on the payment method and whether or not the payment has cleared.

If you need to place a stop payment request on any Bill Payment that has already been processed, you must contact our Customer Service department immediately at (302) 226-9800.

We will make every effort to accommodate your request, but we will have no liability for failing to do so unless the request is subject to the provisions contained in your depository account agreement or applicable law as it pertains to pre-authorized electronic funds transfer. You may stop payment of a preauthorized electronic fund transfer by notifying us at least 3 business days before the scheduled date of the transfer.

We may also require you to present your stop payment request in writing within fourteen (14) days from the date the request is made. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation. The charge for each stop payment request will be the current charge for such service as set forth in our fee schedule.

If we complete a stop payment request on your behalf, Bill Payment privileges may be suspended pending recovery of funds by our Service Provider(s).

G. Returned Payments

In using the Service, you understand that Billers and/or the United States Postal Service may return Bill Payments to our Service Provider 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. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.

H. Bill Payment Information Authorization

Requests for Bill Payment privileges may not be fulfilled if County Bank and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the Bill Payment Service; you agree that County Bank and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that County Bank and its Service Providers 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).

I. Prohibited Payments

Payments to Billers outside of the United States or its territories are prohibited through the Service. Payments to Internet gambling sites are also prohibited through the Service.

J. Exception Payments

Tax payments and court-ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall County Bank or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.

K. Limitations

We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides 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.

We reserve the right to limit Scheduled Payments for any given transaction. Additionally, we reserve the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur or for any other reason in order to preserve the integrity of the Service. County Bank reserves the right to verify any of the information you provide. Other account limitations are outlined in your various Account Agreements. County Bank shall have the right to terminate your use of the Bill Payment Service. Limitations include:

Consumer Customer: $50,000 per Item limit; and $100,000 Daily limit.
Business Customer: $150,000 per Item limit; and $300,000 Daily Limit.

L. Failed Transactions

In using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service.

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:

A. Information Provided to the Biller

We are unable to update or change your personal or business 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 you; contact 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 or company’s bill.

Our Service Provider 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.

B. Activation

Upon activation of the electronic bill feature, our Service Provider 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.

C. Notification

Our Bill Payment Service Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider 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 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.

D. Cancellation of Electronic Bill Notification

The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also 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. Our Bill Payment Service Provider 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.

E. Non-Delivery of Electronic Bill(s)

You agree to hold harmless, County Bank and its Service Providers 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.

F. Accuracy and Dispute of Electronic Bill

Neither County Bank, nor its Service Providers are responsible for the accuracy of your electronic bill(s). County Bank and its Service Providers are only responsible for presenting the information received 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.

Privacy

We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our Privacy Notice found on our homepage before completing the enrollment process for the Service.

Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

Where it is necessary for completing transfers or transactions;
Where it is necessary for activating additional services you request;
In order to verify the existence and condition of your account to a third party, such as, for example, a credit bureau, Biller or another financial institution;
Where required by a federal, state, or local law or regulation to do so;
In response to a subpoena or court order;
In the investigation or prosecution of alleged fraudulent activity concerning your accounts;
If you give us your permission; or
As may be otherwise authorized in other agreements with us and, for Consumers, as set forth in County Bank Privacy Notice.

Please refer to our Privacy Notice found on our homepage for additional detail on disclosure of account information.

Internet Security

The Internet Banking Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Internet Banking Service, our Internet Banking Department will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Internet Banking Service.

User IDs and Passcodes - One of the main security features protecting the Internet Banking Service is the unique combination of your User ID and Passcode. During the enrollment process, you will be asked to select a unique User ID and Passcode. For security purposes, do not use your account number or social security number as your User ID. Encryption and access controls are used to protect your Passcode within our database. If you need to reset your Passcode, you may use our online automated Passcode reset feature or you may contact County Bank for assistance.

Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data.

You should carefully select a Passcode that is difficult to guess.
You should not use words based on your name, address or other personal information.
Special characters may be used to increase security.
Do NOT use dictionary words.
Keep your Passcode safe.
Memorize your Passcode and do NOT write it down.
You should also change your Passcode occasionally, such as every 90 days.
Passcodes should not be shared with anyone, even Authorized Users.
The “Help” link within the Internet Banking Service will offer tips on choosing a secure Passcode that you can remember.

When you enroll for the Internet Banking Service you agree to change your Passcode immediately if you suspect that your Passcode has been compromised.

NEITHER COUNTY BANK NOR ITS SERVICE PROVIDERS WILL CONTACT YOU BY TELEPHONE, EMAIL OR TEXT MESSAGING REQUESTING PERSONAL INFORMATION, SUCH AS YOUR USER ID, PASSCODE, CREDIT CARD NUMBER, ATM CARD NUMBER OR ATM PIN. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS TYPE OF INFORMATION, DO NOT PROVIDE ANY INFORMATION AND CONTACT OUR INTERNET BANKING DEPARTMENT IMMEDIATELY.

Encryption – The Internet Banking Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Internet banking. Your browser automatically activates this technology when it attempts to connect to our Internet Banking Service.

Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.

Certificate Authority - The servers hosting the Internet Banking Service have been certified by a certificate authority to assure you that you are actually talking to the Internet Banking Service instead of someone pretending to be us. By clicking on the lock within the Internet Banking Service, you can view the certificate to ensure it’s valid.

Cookies - During your use of the Internet Banking Service, our Internet banking Service Provider will pass an encrypted session cookie to your computer that enables us to process multiple transactions during the session without having to provide a User ID and Passcode for each individual transaction. You must accept this cookie to use the Internet Banking Service. The session cookie is stored on your computer’s hard-drive, identifying your computer while you are logged on. The session cookie does not contain any personal information. When you log off, close your browser, or turn off your machine, the session cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account. Our Service Provider also uses persistent or “permanent” cookies to identify County Bank and your computer as part of our enhanced security. The permanent cookies will remain on your computer’s hard drive until you clear cookies with your browser. If you do not accept these cookies, you may not be able to use all the features of the Internet Banking Service.

Multi-Level Authentication - We use multi-level authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution we may ask you to select challenge questions which may be used to help verify your identity in the event unusual login or transaction activity is detected. We may also send you a One Time PIN (OTP) which can be used to help authenticate your login or transaction requests.

Your Security Obligations

YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER INCLUDING BUT NOT LIMITED TO THE USE OF UPDATED ANTI-VIRUS PROTECTION.

NEITHER COUNTY BANK NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, FAILURES, OR DISCLOSURE OF PERSONAL OR BUSINESS ACCOUNT INFORMATION THAT MAY OCCUR AS A RESULT OF ANY VIRUS, TROJAN, SHARED PASSWORD, OR MALFUNCTION OF YOUR COMPUTER OR SOFTWARE OR YOUR FAILURE TO ADEQUATELY MAINTAIN AND SECURE YOUR COMPUTER AND SOFTWARE.

All Authorized Users should sign-off after every session. While online sessions will automatically end after a period of inactivity, logging off can help protect you in case you accidentally leave your computer unattended.
Refrain from using public computers (e.g. computers in a library, Internet café or hotel business center) to access your online banking accounts. The security of public or shared computers cannot be assured.
Always keep your computer’s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Internet Banking Service.
Always keep your anti-virus and anti-spyware software current and routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or malicious software (malware) may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Furthermore, undetected or un-repaired viruses or malware may affect the security of online accounts and the privacy of personal information stored on your computer. If your computer is compromised by some form of malware, virus, or Trojan, you could unintentionally transmit sensitive account information or personal data to another third party or transmit a virus to other computers.
Always use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
If you use a wireless Internet connection to access your online accounts, make sure that the wireless network is encrypted.

Occasionally we may post important security notices on our website and/or send online banking users security related notices or reminders; it is your responsibility to read all security notices.

Protecting Your Passcode

When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not to give or make available your Passcode or other means to access your account to any unauthorized individual(s). You are responsible for all transactions authorized or requested through the Internet Banking Service using a valid User ID and Passcode, including those situations when your User ID and Passcode are obtained due to compromise to your computer. If you permit other persons to use the Internet Banking Service with your Passcode, or other means to access your account, you are responsible for any transactions they authorize.

If you believe that your Passcode or other means to access your account has been lost or stolen or that someone may attempt to use the Internet Banking Service without your consent or has transferred money without your permission, you must notify us at once by calling 302-226-9800 during customer service hours. You can also contact us by sending a secure message through the Internet Banking Service.

IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSCODE TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE INTERNET BANKING SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AN AGGREGATION SERVICE PROVIDER, OR WHEN YOUR PERSONAL COMPUTER IS COMPROMISED BY A KEY STROKE LOGGING VIRUS OR ANY OTHER TYPE OF MALWARE).

You agree that we may send notices and other communications, including Passcode change confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.

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 County 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 Biller;

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 Biller 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 County 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 Biller, which does not comply with your Payment Instructions, County 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 Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

Documentation and Verification of Payments and Transfers

Information regarding Internet Banking and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).

Provisions Applicable Only to Consumer Deposit Accounts

A. Errors and Questions

In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:

Telephone us at 302-226-9800 during customer service hours;
Contact us by using the secure messaging feature within the Service; or
Write to us at County Bank, 19927 Shuttle Rd., Rehoboth Beach, DE 19971.

If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

1. Tell us your name, relevant Service account number(s), and User ID;

2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,

3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.

For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.

If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

B. Consumer Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your User ID or Passcode has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable).

If customers who are Consumers tell us within two (2) Business Days after you discover your Passcode, User ID used or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Passcode, User ID, or other means to access your account if you had told us, you could be liable for as much as $500.00.

If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

If you believe your User ID or Passcode has been lost or stolen, call: 302-226-9800 or write to us at County Bank, 19927 Shuttle Rd., Rehoboth Beach, DE 19971.

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Provisions Applicable Only to Business Accounts

A. Protecting Your Account(s)

The Service will allow Business Customers to establish individual User IDs, Passcodes, and privileges for each Authorized User. Transaction history is maintained for each User ID. Additional fees may be assessed for each User ID or Company User that is established.

Business Customer(s) will be solely responsible for designating its Authorized Users and assigning privileges within the service.

As a security measure, Business Customers should evaluate and implement the dual control features within the Service for ACH Origination and wire transfers.

B. ACH Origination

Authorized Users of Business Customers who have been approved for ACH Origination privileges may edit, delete, or “un-approve” ACH transactions prior to the scheduled date for the transaction. Separate agreements will detail the required time-frames for submitting and making changes to ACH transactions.

If ACH batch transactions have been approved and submitted to us for processing, you must contact us immediately if any changes are necessary after the designated cut-off time. In these situations, we may not have sufficient time type to stop the transactions from processing before the scheduled payment date.

C. Business Customer Liability

BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT ITS AUTHORIZED USERS and COMPANY-USERs HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE INTERNET BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE INTERNET BANKING SERVICE BY IT OR ON ITS BEHALF.

BUSINESS CUSTOMER AUTHORIZES COUNTY BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN USER ID AND PASSCODE OF ANY AUTHORIZED USERS.

FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. COUNTY BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER.

BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE INTERNET BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS COUNTY BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN USER ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USERS REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER.

BUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, INCLUDING EMAILS, TO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, WHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. YOU FURTHER AGREE THAT COUNTY BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. IN ADDITION, YOU AGREE TO:

REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL;
IMMEDIATELY NOTIFY US AND SELECT A NEW PASSCODE IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON.

WE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, IF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER.

BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE INTERNET BANKING SERVICE.

COUNTY BANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, LIABILITY OR CONTROL, EITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ SELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FURTHERMORE, NEITHER COUNTY BANK NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ DEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES.

BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE INTERNET BANKING SERVICE USING A VALID USER ID AND PASSCODE.

D. Commercially Reasonable Security Procedures

WHEN YOU ACCEPT THIS AGREEMENT AND USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE INCLUDES SECURITY MEASURES WHICH ARE COMMERCIALLY REASONABLE.

YOU AGREE TO BE BOUND BY OUR SECURITY PROCEDURES AND INSTRUCTIONS, WHICH MAY BE PERIODICALLY UPDATED. YOU AGREE TO REVIEW AND IMPLEMENT ALL SECURITY PROCEDURES AVAILABLE IN CONNECTION WITH THE INTERNET BANKING SERVICE, INCLUDING PROCEDURES TO PROTECT THE CONFIDENTIALITY OF YOUR USER ID AND PASSCODE AND THE SAME FOR YOUR AUTHORIZED USERS. YOU AGREE TO NOTIFY COUNTY BANK IN THE EVENT THAT YOUR USE OF THE INTERNET BANKING SERVICE WOULD NECESSITATE OR BE BETTER SERVED BY A LEVEL OF SECURITY THAT EXCEEDS THAT OFFERED BY THE INTERNET BANKING SERVICE. IF YOU FAIL TO NOTIFY COUNTY BANK, YOU ACKNOWLEDGE AND AGREE THAT THE SECURITY ASPECTS OF THE INTERNET BANKING SERVICE ARE APPROPRIATE FOR YOUR NEEDS AND WILL PROVIDE YOU WITH A COMMERCIALLY REASONABLE DEGREE OF SECURITY AGAINST UNAUTHORIZED USE.

E. Errors and Questions

In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:

Telephone us at: 302-226-9800 during customer service hours;

Send us a secure message through the Internet Banking Service; or

Write us at: County Bank, 19927 Shuttle Rd., Rehoboth Beach, DE 19971

F. Your Liability for Unauthorized Transfers

You must notify us of errors, discrepancies, or possible unauthorized transactions as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days you have received notice of an unauthorized or erroneous transaction, County Bank will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.

County Bank and its Service Providers shall have no liability to you for any unauthorized transactions made using your Passcode that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.

If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.

G. Limitation of Institution Liability

COUNTY BANK AND ITS SERVICE PROVIDERS WILL BE DEEMED TO HAVE EXERCISED ALL DUE CARE AND TO HAVE ACTED REASONABLY IF WE ACT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND WILL BE LIABLE FOR LOSS SUSTAINED BY YOU ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY OUR WILLFUL MISCONDUCT. COUNTY BANK AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE:

RELATED TO THE DISHONESTY OF THE BUSINESS CUSTOMER’S EMPLOYEES, OFFICERS, AGENTS, AUTHORIZED USERS;
RESULTING FROM ANY RECEIVING FINANCIAL INSTITUTION’S FAILURE TO ACCEPT ANY PAYMENT OR FUNDS TRANSFER REQUEST;
RESULTING FROM ANY DELAY IN THE PERFORMANCE OF THIS AGREEMENT, WHICH IS CAUSED BY AN ACT OF GOD, FIRE OR OTHER CASUALTY, ELECTRICAL OR COMPUTER FAILURE, DELAYS OR FAILURE TO ACT BY ANY CARRIER, MEDIUM OR AGENT OPERATING BETWEEN COUNTY BANK AND THIRD PARTIES, OR ANY OTHER CONDITION OUTSIDE OF OUR CONTROL.

IF COUNTY BANK AND/OR ITS SERVICE PROVIDERS FAIL OR DELAY IN MAKING A PAYMENT OR TRANSFER PURSUANT TO YOUR INSTRUCTION, OR IF WE MAKE A PAYMENT OR TRANSFER IN AN ERRONEOUS AMOUNT WHICH IS LESS THAN THE AMOUNT PER YOUR INSTRUCTION, UNLESS OTHERWISE REQUIRED BY LAW OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FAILED TO TIMELY PAY, CALCULATED FROM THE DATE ON WHICH THE PAYMENT OR TRANSFER WAS TO BE MADE UNTIL THE DATE IT WAS ACTUALLY MADE OR YOU CANCELED THE INSTRUCTION.

WE MAY PAY SUCH INTEREST EITHER TO YOU OR THE INTENDED RECIPIENT OF THE PAYMENT OR TRANSFER, BUT IN NO EVENT WILL WE BE LIABLE TO BOTH PARTIES, AND OUR PAYMENT TO EITHER PARTY WILL FULLY DISCHARGE ANY OBLIGATION TO THE OTHER. IF WE MAKE A PAYMENT IN AN ERRONEOUS AMOUNT WHICH EXCEEDS THE AMOUNT PER YOUR PAYMENT INSTRUCTION, OR IF WE PERMIT AN UNAUTHORIZED PAYMENT AFTER WE HAVE HAD A REASONABLE TIME TO ACT ON A NOTICE FROM YOU OF POSSIBLE UNAUTHORIZED USE AS DESCRIBED ABOVE, UNLESS OTHERWISE REQUIRED BY LAW, OUR LIABILITY WILL BE LIMITED TO A REFUND OF THE AMOUNT ERRONEOUSLY PAID, PLUS INTEREST THEREON FROM THE DATE OF THE PAYMENT TO THE DATE OF THE REFUND, BUT IN NO EVENT TO EXCEED SIXTY (60) DAYS INTEREST.

IF WE BECOME LIABLE TO YOU FOR INTEREST COMPENSATION UNDER THIS AGREEMENT OR APPLICABLE LAW, SUCH INTEREST SHALL BE CALCULATED BASED ON THE AVERAGE FEDERAL FUNDS RATE AT THE FEDERAL RESERVE BANK IN THE DISTRICT NEAREST TO COUNTY BANK FOR EACH DAY INTEREST IS DUE, COMPUTED ON THE BASIS OF A THREE HUNDRED SIXTY (360) DAY YEAR.

NO THIRD PARTY WILL HAVE RIGHTS OR CLAIMS AGAINST COUNTY BANK AND ITS SERVICE PROVIDERS UNDER THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

H. Indemnification

Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless County Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by County Bank through the Internet Banking Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Internet Banking Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.

Alterations and Amendments

This Agreement, applicable fees and service charges may be changed, altered, or amended by County Bank at any time or from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

Address, E-mail, or Payment Account Changes

When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Internet Banking and Bill Payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.

It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within Internet Banking or by contacting our Internet Banking Department at County Bank, 19927 Shuttle Road, Rehoboth Beach, DE 19971.

Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.

We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

Service Termination, Cancellation, or Suspension

In the event you wish to cancel the Service, please contact our Internet Banking Department or send us a secure email through the Service.

Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.

We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or Bill Payment activity for a period of 90 consecutive days, accessibility will automatically terminate.

After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Internet Banking Department.

Exclusions of Warranties and Limitation of Damages

THE INTERNET BANKING SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE INTERNET BANKING SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE INTERNET BANKING SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.

WE ARE NOT RESPONSIBLE FOR AND YOU AGREE TO HOLD US HARMLESS FROM ANY DAMAGES, LOSSES, COSTS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF OR IN CONNECTION WITH ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, OR YOUR FAILURE TO OBTAIN ADEQUATE ONLINE SECURITY HARDWARE AND SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUSES THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING THE INTERNET BANKING SERVICE. IN ADDITION, WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY ACCESS OR ATTEMPTED ACCESS TO YOUR COMPUTER OR SOFTWARE WHILE USING THE INTERNET BANKING SERVICE OR OUR WEBSITE.

WE ARE NOT RESPONSIBLE AND YOU AGREE TO HOLD US HARMLESS FOR SECURITY BREACHES CAUSED BY OR ARISING FROM A BREACH OF YOUR COMPUTER SYSTEM, INTERNET PROVIDER OR YOUR MOBILE DEVICE CARRIER.

YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER INCLUDING BUT NOT LIMITED TO THE USE OF UPDATED ANTI-VIRUS PROTECTION.

THE FOREGOING SHALL CONSTITUTE COUNTY BANK AND its SERVICE PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL COUNTY BANK or its service providers BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS or attorneys’ fees (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE INTERNET BANKING SERVICE.

No Unlawful or Prohibited Use

As a condition of using the Internet Banking Service, you represent and warrant to us that you will not use Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.

You further warrant and represent that you will not use the Internet Banking Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

Assignment

You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver

County Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Disputes

In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of County Bank and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.

Waiver of Trial by Jury

The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.

Ownership of Material

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by County Bank and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.

Governing Law and Relation to Other Agreements

Accounts and services provided by County Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.

This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of Delaware, without regard to its conflicts of law provisions; provided, however, that any dispute solely between you and our Bill Payment Service Provider shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions.

Proceed with Enrollment for the Service

By accepting this Agreement, you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service.