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Business Online Banking Agreement

Effective January 16, 2024

Introduction.

This Business Online Banking Agreement (the “Agreement”) applies to the online banking services The Cooperative Bank of Cape Cod (“TCBCC”) offers to its business customers (each a “Service” and collectively the “Services”).

If you link personal accounts to these Services (see the explanation of Linked Accounts, below), this Agreement will cover Services for both personal and business accounts and some provisions differ depending on the type of account you are using.  Generally speaking, “personal accounts” are accounts held by one or more individuals and used for personal, family, or household purposes and “business accounts” are accounts held in the name of a business and used for business purposes.  Where different provisions of this Agreement apply to different types of accounts, those differences are noted.

A. Other Agreements.

This Agreement supplements the deposit or other agreements between you and us for your Linked Accounts. In the event of any conflict or inconsistency between the provisions of this Agreement and any other document pertaining to TCBCC services or products, this Agreement will govern and control only with respect to the functions and features of the Online Banking system; the other document will govern and control with respect to the underlying service or product. You should read this Agreement carefully to understand how the Services work, as well as your rights and obligations if you use these Services. You should review the other account-related agreements and fee schedules for any applicable fees, for limitations on the number of transactions you can make, liability rules for electronic fund transfers, and for other restrictions that might affect your use of an account with the Services.

B. Agreeing to this Agreement.

By submitting an application for or using a Service or authorizing others to use a Service, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by the provisions of this Agreement and any amendments that are made from time to time.  You should retain a copy of this Agreement for your records. You agree that email or other electronic communications that we send you, including communications through the online notification portal, will be treated as “writing” and will bind each of us in the same way as a written communication. Unless otherwise provided under applicable law, any electronic communication you send to us will not be effective until we receive it and have had a reasonable opportunity to act on it.

C. Definitions.

The following definitions apply to this Agreement:

  • We, us, our, the Bank, and TCBCC refer to The Cooperative Bank of Cape Cod.
  • You and your refer to the Customer, each accountholder on any Linked Account, the Senior Administrator, and any User.
  • Customer refers to the business that submits the application for the Service (or on whose behalf the application is submitted).
  • Senior Administrator refers to the person designated by Customer to manage Users’ access to the Services.
  • Users refers to the users of the Services as authorized pursuant to this Agreement.
  • Linked Account or Account means any TCBCC business or personal deposit, or loan account that Customer has linked to the Services, as defined in Section D below.
  • Primary Account means the checking account that Customer has specifically identified as such.

D. Linked Accounts.

You may link any of your Accounts (any TCBCC business or personal deposit account or business loan or business line of credit account) to the Services (each, a Linked Account or Account). At your request, the Bank, in its sole discretion, may also permit you to link deposit, loan or line of credit accounts of other affiliated business entities or personal deposit accounts to the Services, but not all Services are available for all types of accounts. You acknowledge and agree: (a) all Users will have access to all business and personal Linked Accounts to the extent granted by the Senior Administrator and will be authorized to access such Accounts and perform any transaction available through the Services, whether or not the User is named on any signature card or other authorization document for the applicable Account; (b) any User who is granted access to a Linked Account (including a linked personal account or business loan or business line of credit account) will be able to view and perform any transaction that is available through the Services for that Account, even if the User is not a named accountholder or authorized user on the Account; and (c) if any Account is a joint account, the Users who are granted access to the Account are authorized to act on behalf of all owners of the Account.

E. Role of Senior Administrators; Creating and Managing Users

Customer may authorize users and control their scope of activities by designating user levels, access levels, and account settings. Customer will designate one or more individuals (each called a “Senior Administrator” in Business Online Banking system) to manage user access to the Services.  A Senior Administrator may designate additional users.  The Senior Administrators and all other designated users are collectively referred to as the “Users.” A Senior Administrator may not enroll in Services or grant levels of access to other Users that have not been granted to the Senior Administrator. For each User, a Senior Administrator can designate which Linked Account(s) the User will have access to and the types of transactions the User may perform in the Linked Account(s).  If the Senior Administrator does not limit the Linked Accounts to which a User has access or the types of transactions the User may perform, the User will have access to all Linked Accounts and may perform any transactions available for those Accounts through the Services.

Each User will be deemed to be a duly authorized representative of the accountholder with respect to all transactions effected through the Services. You are responsible for (and we will have no liability to you for) any unauthorized payments, transfers, or other transactions performed on any Linked Account that are made by a User who accesses the Services using a valid Security Code and performs transactions that are within his or her access settings, even if the transaction exceeds the instructions you have given the User.

To change a Senior Administrator or revoke a Senior Administrator’s authority, contact the Bank at 508.568.3400 or email us at assist@mycapecodbank.com.

No change or revocation of a Senior Administrator’s authority will be effective until we have received your notice and had a reasonable opportunity to act on it.

To revoke the authority of any User other than a Senior Administrator, a Senior Administrator should make the change through the Services or ask that the Bank make the change.  No change the Bank is asked to make will be effective until the Bank has received it and had a reasonable opportunity to act on it.

We are entitled to rely on the apparent authority of any person who accesses the Services using a valid Security Code. Except as otherwise provided by law, you will indemnify the Bank and hold it harmless for any loss or expense caused by any person who accesses the Services, initiates a transaction, or confirms a wire using any Security Code.

If there is any conflict between the terms of this Agreement and of any other document regarding how transactions are to be authorized, this Agreement will control.

F. Security Codes.

Each User will use a User ID and a password (collectively with any other security device or access code, “Security Codes”) to access the Services.  Each User may select their own User ID.  The Bank will provide each User with a temporary password.  The User must change the password during the initial login. Each User can change his or her password at any time through the Service.

You agree to: (a) keep each Security Code secure and strictly confidential; (b) disclose User IDs only to the User to whom the User ID is issued; (c) instruct each person to whom you give a Security Code that he or she is not to disclose it to any unauthorized person; (d) immediately notify us if you believe a Security Code may have become known to an unauthorized person; and (e) immediately change any User ID or password that you believe may have become known to an unauthorized person. We may suspend or cancel any Security Code if we suspect it is being used in an unauthorized or fraudulent manner.

The Services utilize a one-time authorization code or link (“Authentication Code”) as an additional level of security for certain transactions. A User must provide contact information at the time of enrollment, which contact information will be used as an authentication channel for future transactions. An Authentication Code can be transmitted by token, email, voice, or text message (available only for mobile phones). A Senior Administrator may update a User’s Authentication Code contact information via the Services. If a User chooses to send an Authentication Code to a mobile phone, the mobile carrier’s message, minute, data and other rates will apply. By providing a mobile number for an Authentication Code, a User certifies that the User is the account holder for the mobile phone account or has the account holder’s permission to use the mobile phone number, and consents to receive one-time voice calls or text messages to conduct transactions. Authentication Codes may be sent using auto-dialer technology.

Some Internet-enabled devices have a fingerprint recognition feature, retinal scan, or other authentication feature that will allow you to access a Service without entering your Security Codes. If the Bank accepts the type of authentication feature available on your device and you activate the authentication feature for a Service, use of the device’s authentication feature will be deemed to be use of the applicable Security Codes with your authorization.

You acknowledge and agree that (a) the confidentiality and security of the Security Codes are your responsibility, (b) you will take reasonable steps (including implementing the recommendations in the Cybersecurity Kit available upon request from assist@mycapecodbank.com or at https://www.thecooperativebankofcapecod.com) to protect the confidentiality and security of the Security Codes and of any proprietary information or devices made available to you by the Bank in connection with the  Services, and (c) you will notify the Bank immediately if you have any reason to believe that the confidentiality and security of the Security Codes or any other confidential information has been breached or may have been breached. Upon such notification, the Bank will take reasonable steps to mitigate the impact of such breach but will not be liable for any losses resulting from such breach.

You acknowledge that the Bank may recommend policies and best practices designed to maintain the security and confidentiality of your Security Codes and your use of the Services, but such policies and practices are not designed to detect or prevent errors in the use of the Services. Any errors in connection with the use of the Services are your sole responsibility, even if from time to time the Bank detects an error and acts to remedy such error.

If you have a joint account or multiple Users, one notice will be effective as to all accountholders or Users.  By using the Services, you acknowledge and agree that the security procedures described above are commercially reasonable. Unless otherwise provided by law, you agree to be bound by transaction instructions, whether authorized or unauthorized, that we implement in compliance with these procedures, unless you have given us notice of possible unauthorized use and we had a reasonable opportunity to act on such notice.

No TCBCC employee, nor any company affiliated with TCBCC, will contact you via email or phone requesting your Security Codes. If you are contacted by anyone requesting this information, please contact us immediately.

G. Service Hours and Business Days.

The Services generally will be available 24 hours per day, 7 days per week, except during system maintenance, upgrades, or other service interruptions.

Except as otherwise provided in this Agreement, transactions entered through the Services in accordance with this Agreement will be processed on the business day they are received by the Bank. Transactions received after any applicable cut-off time or on a non-business day will be processed on the next business day.

The Bank’s business days are Monday through Friday, excluding state and federal bank holidays.

H. Business Online Banking Services

  1. Account Information.(i) You may view current balance information or review transaction activity (including pending transactions) for your Linked Accounts. Current balances may include deposits that are still subject to verification and may not include deposits or loans that are in process, outstanding checks or payments, or other withdrawals, payments, credits, charges, or debits that have not yet been posted to the Linked Account. (ii) You may perform certain self-service activities such as stopping payment on checks, viewing front and back images of checks, changing your password, changing your email address, researching up to 18 months of historical account balance and activity information, and downloading account data into third party software such as Excel, Quicken, or QuickBooks.
  2. Fund Transfers. You may transfer funds among your Linked Accounts, including:
    • Transferring funds between deposit accounts;
    • Transferring funds from a deposit account to make a payment on a loan or line of credit account;
    • Obtaining an advance from a line of credit and transferring the advance from a line of credit to a deposit account.

    You may not make transfers out of any retirement, CD, or sweep account.

  3. Alert Messages. Your enrollment in the Services includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your TCBCC account(s). Alerts are provided within the following categories:
    • Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
    • Account Alerts provide you with notification of important account activities or when certain changes are made to your linked Accounts, such as scheduled payments made, scheduled payments cancelled, and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your linked Accounts.
    • Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alert menu within TCBCC’s Online Banking and Mobile Banking.

    Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. The Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

    Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your TCBCC Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

    Alerts via Text Message. To stop Alerts via text message, text “STOP” to 99588 at any time.  Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in TCBCC’s Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again.  For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact TCBCC’s customer service at 508-568-3400. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

    Limitations. The Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s), and other factors outside the Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold the Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

    Alert Information. As Alerts delivered via SMS, email, and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

  4. Bill Payment. Bill payment services are available only through the online platform. Only business deposit accounts may be debited for bill payment transactions. You must enter into a separate agreement governing such services.
  5. Other Services. The Bank offers other services that can be accessed through the online platform, such as Wire Transfers, Automated Clearing House (ACH) Transactions, Remote Deposit Capture (RDC), and Positive Pay. You must enter into a separate agreement governing each such service you wish to use.
  6. New Services. New online banking services may be introduced periodically. By using these services as they become available, you agree to be bound by the rules that will be made available to you concerning these services.

I. Limits on Transactions.

You agree not to use the Services to make or receive any transfer in violation of applicable law, including any “restricted transaction” under the terms of the Unlawful Internet Gambling Act of 2006. If you request such a transfer, we are not obligated to process it.

You may not make a transfer out of your account that exceeds the balance of available funds in the account or the limit of any overdraft or other line of credit tied to the account. The Bank may impose additional limits on payments, deposits, or transfers through the Services and may change those limits from time to time. We will give you notice of applicable limits as required by law. If you submit a transaction through a Service that exceeds applicable limits, the Bank may, but is not obligated to, post the transaction to your account.

Your ability to transfer funds from your Linked Accounts may also be subject to other legal restrictions, terms and conditions and service charges under the applicable deposit account, investment account or loan agreement. You should review the other agreements applicable to the Linked Accounts carefully for information regarding all applicable limitations and service charges.

J. Contacting the Bank by Electronic Mail (email).

If you send the Bank an email message so that the Bank receives it before 4:00 p.m. ET on a business day, the Bank will be deemed to have received it the same business day. Otherwise, the email message is deemed to be received the next business day. The Bank will not take actions based on your email request until we actually receive your email message and have a reasonable opportunity to act on it. For time-sensitive information, please contact the Bank at 508.568.3400. Because normal email transmissions may not be secure, we request that you do not send us or request sensitive information such as account numbers, passwords, or payment information via any public email system.

The Bank will NEVER ask you for any private information (such as account numbers, passwords, PINs, social security numbers, etc.) for any of our products through an unsolicited email. If you receive such a request by email, please contact us immediately.

K. Schedule of Charges.

Fees for the Services are detailed in the Business Fee Schedule and will be charged to the Primary Account you designated. Regular account fees and service charges (such as fees for insufficient funds transactions) will apply to services and transactions requested through the Services as they would apply to transactions and services effected through other means. Please read the deposit account or loan agreement and the applicable schedule of charges or fees for a listing of such fees.

L. Account Statements.

Online transactions will be itemized on your regular account statements.

M. Additional Provisions Applicable Only to Personal Accounts

  1. In Case of Errors or Questions. In case of errors or questions about your electronic transactions, call 508.568.3400 or email us at assist@mycapecodbank.com. You may also write to:
    The Cooperative Bank of Cape Cod
    25 Benjamin Franklin Way
    Hyannis, MA 02601
    Contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. We must hear from you no later than sixty (60) calendar days after we sent the FIRST statement on which the problem appeared.
    · Tell us your name and account number.
    · Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    · Tell us the dollar amount of the suspected error.If the report is made orally, we may require that you send the complaint or question in writing within ten (10) business days following the date you notified us.We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. 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, so that you will have the use of your money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account.

    For errors involving new accounts or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

    We will tell you the results within three (3) business days after completing our investigation. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

    If your question or error involves a transfer or payment to a third party, our investigation will be generally limited to a review of our own records.

  2. Your Liability for Unauthorized Transactions.You will be liable for unauthorized transactions using the Services to the extent allowed by applicable federal and state law, this Agreement, and any other agreement applicable to the specific bank product or service affected by the unauthorized transactions.Tell us AT ONCE if you believe that any Security Code you use for the Services has been lost or stolen or used without your permission. Telephoning is the best way of minimizing your possible losses.Call us at 508.568.3400 or email us at assist@mycapecodbank.com. You may also write to us at 25 Benjamin Franklin Way, Hyannis, MA 02601.

    You should tell us AT ONCE if your statement shows electronic transfers that you did not make.

    If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for unauthorized transfers that we can establish would not have occurred if you had told us sooner.

    When you give someone your Security Codes, you are authorizing that person to use the Services and you are responsible for all transactions that person performs while using the Services. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions.

  3. Our Liability. . If we do not complete an electronic transfer to or from your account on time or in the correct amount according to this Agreement, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance:
    1. if, through no fault of ours, you do not have enough money in your account to make the transfer or if the transfer will go over the credit limit on any overdraft protection line attached to the account;
    2. if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
    3. if a technical malfunction exists at the time the transfer or other transaction is to occur;
    4. if funds are subject to legal process or other encumbrance restricting such transfer; or
    5. if any other specific exceptions stated in this Agreement are applicable.
    Unless prohibited by applicable law, the foregoing will constitute our entire liability and your exclusive remedy. In no event will we be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits, arising in any way out of the installation, use, or maintenance of the equipment or software used to access the Services or otherwise out of the Services.

N. Our Liability – Applicable Only to Business Accounts

The Bank will not be liable to you (a) for any failure to complete a transaction for which there were insufficient available funds in the specified account; (b) for any failure to complete a transaction if the aggregate amount of transactions effected on that day exceeded any dollar limitation imposed by the Bank; (c) for any failure to complete a transaction for which the Bank did not receive instructions in accordance with this Agreement; (d) for any action or inaction, including any transaction completed or not completed, in good-faith reliance on instructions that the Bank believed to have been given by a User; (e) for any failure to provide Services if such failure is the result of circumstances outside the Bank’s control, including (but not limited to) work stoppages, interruptions in communications, power failures, riots, or acts of God; (f) for any error, failure, or delay in the transmission or delivery of data or records due to a breakdown in equipment or communications facilities; or (g) for any error, unless such error was the result of the Bank’s gross negligence.

In no event will we be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits, arising in any way out of the Services or your use of the Services.

O. Disclaimer of Warranties.

WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

P. Your Ability to Stop Payment.

Your initiation of transactions using the Services will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transaction.

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS. THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

Q. Evidence.

If we go to court for any reason, we may use a reproduction of any document created from a digital or other record of the original that was created and kept in the ordinary course of business to prove what you owe or that a transaction has taken place and the reproduction will have the same validity as the original. Any documentation provided to you which indicates that an electronic fund transfer was made will be admissible as evidence of such transfer and will constitute prima facie evidence that such a transfer was made.

R. Notices to Customer.

You agree that we may send notices and other communications, including Security Code 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. You further agree that the Bank will not be responsible or liable to you in any way if information contained in any communication is intercepted by an unauthorized person, either in transit or at your place of business.

S. Hardware and Software.

Any software you download to access the Services (the “Software”) is licensed to you solely for the purpose of accessing and using the Services. You receive no other right, title, or interest in the Software. You agree that you will not: (i) modify, revise, or create any derivative works of the Software; (ii) decompile, reverse engineer, or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Software, including, but not limited to, any trademark, logo, or copyright.

THE BANK DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

The Services are accessed through the Internet and you are responsible for selecting computer hardware and software with the minimum technical requirements necessary to access the Services and the disclosures we will provide electronically. The system and browser requirements for accessing the Services are available by calling the Bank at 508.568.3400 or by emailing us at assist@mycapecodbank.com.

You are also responsible for protecting the computer hardware and software against viruses through use of a reliable computer virus detection product and by scanning the computer on a regular basis.

You acknowledge that the Bank is not responsible for (a) any errors, omissions, or failures resulting from defects in or malfunctions of your computer hardware and software, or (b) any viruses or related problems that may be associated with the use of the Internet to access the Services.

T. No Signature Required.

When any particular payment or other Service generates items to be charged to your account, you agree that we may debit your account without requiring your signature on the item and without prior notice to you. No multi-signature requirement you have established for any account or transaction type applies to transactions initiated through online banking.

U. Disclosure of Information to Third Parties.

We will disclose information to third parties about your account or electronic transfers you make:
1. where the other person is a party to the transfer or it is necessary for completing the transfer;
2. where the other person is authorized by law to have access to our records in the course of their official duties;
3. to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
4. to comply with a court order or lawful subpoena;
5. to an auditor, attorney, or collection agent for the Bank;
6. to a bank service provider for the purpose of servicing your account;
7. if you give us your written permission; and
8. if we are otherwise required or permitted to make such disclosure under applicable law.

V. E-Sign and Electronic Communications.

When you sign up for the Services, you agree that the Bank may (but is not obligated to) send you any disclosures, notices, and other communications relating to all accounts, products, and services available through the Services (including any ATM or debit cards that can be used to access your accounts) electronically. You also agree that we may contact you by text message, email, or by calling any telephone number you have given us to verify a transaction or to communicate other information relating to your TCBCC accounts, products, and services. However, you will still receive account statements in paper form.

You agree that email or other electronic communications that we send you will be treated as “writing” and will bind each of us in the same way as any other written communication. You specifically agree that any electronic signatures that you provide through the Services are valid and enforceable as your legal signature. You acknowledge that these electronic signatures will legally bind you to the terms and conditions contained in the related documents just as if you had physically signed the same documents with a pen. Unless otherwise provided under applicable law, any electronic communication you send to us will not be effective until we receive it and have had a reasonable opportunity to act on it.

You may request paper copies of disclosures by calling 508.568.3400 or emailing us at assist@mycapecodbank.com.

Fees may be charged for paper copies of certain disclosures, so please refer to the applicable fee schedule or ask about applicable fees when requesting the copy.

Updating Contact Information. It is your responsibility to ensure the Bank has current and valid contact information for you and the Senior Administrators on file. The Senior Administrators may update their own and any User’s contact information via the Services. If contact information for the business entity changes, please call us at 508.568.3400 or email us at assist@mycapecodbank.com.

Withdrawal of Consent to Electronic Disclosures. You can withdraw your consent to receive disclosures electronically by calling us at 508.568.3400 or emailing us at assist@mycapecodbank.com.

There are no fees for withdrawing your consent to receive electronic disclosures. However, the Services are not available without electronic disclosures. Therefore, withdrawing your consent to receive electronic disclosures will terminate your access to all Services, including funds transfers to other accounts. Any future dated or recurring transactions scheduled to be made after termination of your electronic disclosures, including all funds transfers, will be cancelled.

W. Inactivity and Termination of this Agreement.

This Agreement may be terminated by Bank: (i) immediately and without notice if you are in breach of this Agreement or (ii) in the absence of a default, upon notice to you, effective on the date specified in such notice of termination. You may terminate this Agreement by notice to Bank, effective after the Bank has received the notice and had a reasonable opportunity to act on it. The Bank may, but is not obligated to, complete any transaction that was authorized prior to the effective date of termination, but not scheduled to occur until after the effective date of termination. The Parties’ rights and obligations with respect to transactions completed prior to the effective date of termination, or completed after the effective date of termination based on instructions given prior to the effective date of termination, including your obligation to pay fees related to any such transactions, will survive termination.

Since the online and mobile Services use the same credentials, cancelling online banking Services will result in the cancellation of mobile banking Services as well.

X. Amendments.

This Agreement may be amended from time to time by the Bank. The Bank will give you notice of any change as required by law. If notice is required, one notice will be effective as to Customer, all Senior Administrators, and all Users. The date of the most recent revision to the Agreement will always be posted on the log-in page for the Service. You can request a copy of the most recent version of the Agreement by any of the methods listed on the log-in page or by emailing us at assist@mycapecodbank.com.

Unless otherwise required by law, amendments apply to your Accounts and the Services you obtain from the Bank automatically, without the need for you to agree to or accept the change in writing. If you do not agree with an amendment, you must stop using and close the Account or terminate the Service affected by the change.

Y. Service Providers

The Bank may delegate its obligations to provide services to you under this Agreement to one or more independent service providers. Even if it does so, the Bank will continue to be the only party who is responsible to you for the performance of this Agreement: you will have no right to enforce this Agreement against the service provider. The service providers will be third party beneficiaries of this Agreement and will be entitled to all rights and protections that are available to the Bank hereunder.

Z. Waiver of Trial by Jury and Participation in Class Actions

With respect to all Claims between you and the Bank: (1) WE BOTH WAIVE OUR RIGHT TO A JURY TRIAL and agree that the judge, sitting without a jury, will determine the rights and remedies of the parties with respect to all disputes, claims, or controversies between us; and (2) YOU WAIVE YOUR RIGHTS: (i) TO PARTICIPATE IN A CLASS ACTION, either as a class representative, class member, or class opponent, (ii) TO ACT AS A PRIVATE ATTORNEY GENERAL, and (iii) TO JOIN OR CONSOLIDATE CLAIM(S) INVOLVING US WITH CLAIMS INVOLVING ANY OTHER PERSON.

AA. Governing Law

This Agreement will be governed by federal law and the substantive laws of the Commonwealth of Massachusetts without regard to conflict of law principles. If there is any conflict between these rules and regulations and applicable federal and state laws, these rules and regulations will be deemed to be amended to the extent necessary to comply with the law.

Effective January 16, 2024