STC Mobile Bank Terms of Use

1. General - Access to your financial institution's services via your mobile device is powered by the mobile technology solution owned by mFoundry, Inc (the "Licensor"). The Licensor is not the provider of any of the financial services available to you through the Software (defined below), and the Licensor is not responsible for any of the materials, information, products or services made available to you through the Software.

2. Ownership - You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the "the Software"). You may not use the Software unless you have first accepted the terms of this Agreement.

3. License - Subject to the terms and conditions of this Agreement, you are hereby granted a personal, nonexclusive, nontransferable license to use the Software (in machine readable object code form only) in accordance with the terms of this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution's services made available via the Software. This is not a sale of the Software. All rights not expressly granted to you by this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you or the Licensor. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or otherwise in your possession or control.

4. Restrictions - You shall 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.

5. Updates - The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.

6. Text Messages - Text messaging services are provided by your financial institution and not by any other third party. You and your financial institution are solely responsible for the content transmitted through text messages sent between you and your financial institution. You must provide source indication in any text messages you send (e.g. mobile telephone number, "From" field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.

7. Consent to Use of Data - You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.

8. Export Restrictions - You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

9. U.S. Government Restricted Rights - The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

10.Disclaimer of Warranty - THE SOFTWARE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED 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 MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.Limitation of Liability - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LICENSOR'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.Miscellaneous - This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to jurisdiction and venue thereof and therein. This Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

Addendum A to STC Mobile Bank Terms of Use
Somerset Trust Company Mobile Remote Deposit Agreement

Somerset Trust Company reserves the right to change this Addendum A or the Mobile Remote Deposit Services as it may deem necessary or appropriate. STC reserves the right, without penalty or liability, to withdraw or discontinue Service from a Customer.

A. SERVICES and SERVICE TERMS. The following terms and conditions apply to the Services for Mobile Remote Deposit ("MRD") that Somerset Trust Company ("Somerset") may provide to Depositor. Depositor acknowledges and agrees that the Services or any portion of the Services may be provided by one or more subcontractors. The provisions of Somerset's End User Terms and Depository Agreement and Disclosures (Deposit Agreement) and applicable service terms are incorporated into this Agreement by this reference. Capitalized terms used herein and not otherwise defined shall have the same meaning specified in the Deposit Agreement. In event of conflict among this Agreement and any other agreements between Somerset and Depositor, including the Deposit Agreement, the provisions of this Agreement shall control.

B. OVERVIEW and DEFINITIONS. This Agreement states the terms and conditions by which Somerset will deliver to Depositor the Services, as described below.

1. "Authorized User" means Depositor or agent of Depositor.
2. "Banking Day" means any day which Somerset is open to conduct substantially all of its banking services, but shall not include Saturday, Sunday or bank holidays.
3. "Capture Device" means any device acceptable to Somerset, that provides for the capture of images from original Items and for transmission through a clearing process.
4. "Check" means an Original Check, as defined in Regulation CC and Check 21 and does not include a Substitute Check or a remotely created check.
5. "Check 21" means the Check Clearing for the 21st Century Act, as well as Subpart D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A.
6. "IRD" or "Image Replacement Document" means (a) a Substitute Check as defined in Check 21; or (b) the paper reproduction that will be created when an Item cannot be converted to an Electronic Transaction.
7. "Item" means a Check, money order, cashier's check, official check, U.S. Treasury check, or any other payment instrument drawn on or payable through an Office of a United States financial institution from a Payor to Depositor, in addition to other required information as specified by Somerset, it is understood that Depositor will only be transmitting electronic images of the front and back of Items and not any paper Items. In order for an item to be processed for deposit, it must be restrictively endorsed in the proper location on the back of the Item with the following words: "Account #     ", with the correct account number inserted and signed by payee.
8. "Payor" means consumers or businesses who make payments to Depositor by means of Items.
9. "Service(s)" means the specific service(s) provided by Somerset, including electronic check conversion and image archive systems that allow the use of a Capture Device to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose for delivery to Somerset for clearing as an IRD. Services also include any applicable support services.
10."Service Start Date" means the date that the Services are first available to the Depositor.
11."Technology" means Somerset's or its subcontractor's deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to Somerset, and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to Depositor service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Somerset or its subcontractors and used in the provision of Services hereunder. Any software provided by Somerset or its subcontractors pursuant to the Service shall be considered Software as defined in the Software License Agreement.
12."Term" shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein. 

C. HARDWARE and SOFTWARE REQUIREMENTS. In order to utilize the Services, Depositor must have the following hardware and software with the indicated specifications:

1. For Enrollment in Somerset Mobile Deposit services, Depositor must have access to computer with the following minimum configurations:
 

a. An Intel® Pentium IV2.6GHz (or faster) PC with 1+ GB of RAM
b. Windows XP operating system SP 2
c. Minimum 20 GB of free hard disk space
d. Internet Explorer 7.0
e. Internet Connectivity with a minimum speed of 1 MBPS

2. For Depositing checks, Depositor must have one of the following Phone Make/Operating Systems

a. Apple iPhone with an Operating System of 3.1 or higher
b. Android Based with an Operating System of 2.1.1 or higher

Image quality of the Items must comply with requirements as established by Somerset or applicable law and regulatory agencies. 

D. DEPOSITOR OBLIGATIONS; SUSPENSION/CANCELLATION of SERVICE. 

1. Depositor Responsibilities. Depositor authorizes Somerset to convert Items to IRDs or transmit as an image and further authorizes Somerset or any other bank to which an item is sent for process. Depositor agrees to, at its sole expense: (a) provide connectivity between the Capture Device and the Technology; (b) maintain the Capture Device in accordance with the instructions provided by Somerset, its subcontractors and/or any other Capture Device provider; (c) if applicable, utilize Depositor's software, or Somerset software to scan, load, and format Items as needed for transmission to Somerset prior to the communicated cut-off- time; (d) process return data and any remittance data delivered by Somerset for the purpose of updating Depositor internal systems (which may include electronic and paper return Items); (e) implement and maintain security measures, including firewall protection, in compliance with its obligations under this Agreement;

2. Withdrawal of Access/Suspension of Service. Somerset reserves the right to deny, suspend or revoke access to the Services immediately, in whole or in part, in its sole discretion without notice, if Somerset believes Depositor and/or its Authorized users are in breach of this Agreement or are otherwise using or accessing the Services inconsistent with the terms and conditions hereof. Further, Somerset or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency or in the event of force majeure as set forth in the Service Agreement.

3. Handling of Transmitted Items. Depositor shall be responsible for retaining each Original Item in a safe and secure environment in accordance with applicable laws as in effect from time to time within (60) sixty days after transmittal to Somerset and receipt of a confirmation from Somerset that the image of the Item has been received at which time Depositor shall shred or otherwise destroy all Original Items. Depositor shall properly store the Original Items and take appropriate measures to ensure it is not represented a second time. Depositor will promptly (but in any event within 5 business days) provide any retained Original Item to Somerset as requested to aid in the clearing and collection process to resolve claims by third parties with respect to any item or as Somerset otherwise deems necessary.

4. Account Statement Examination. All deposits made through the Services shall be deemed to be correct, unless Depositor notifies Somerset of any errors to deposits made through the Services within 60 days after the applicable account statement is mailed or otherwise provided to Depositor.

E. PAYMENT PROCESSING.

1. IRD Processing. Items may be transmitted for electronic processing by other banks or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at Somerset's sole discretion. The IRDs will be created in accordance with Check 21; alternatively, Somerset may process Items as photocopies in lieu of originals, under guidelines established between Somerset and Depositor and applicable industry standards. Items that fail to satisfy the warranties made to Somerset by Depositor, that fail to meet the requirements of Somerset or Check 21, or that are otherwise not able to be processed may be charged back to Depositor's account and/or returned to Depositor. Depositor agrees to be bound by any applicable laws, rules and regulations to which Somerset is a party.

2. Processing of Items. Images of Items transmitted by Depositor are not considered received by Somerset until Depositor has received an electronic confirmation of the receipt of the deposit from Somerset. However, receipt of the confirmation from Somerset does not mean that the transmission was error free or complete. Items transmitted by the Depositor and received by Somerset or its subcontractors by 4:00 pm. Eastern Standard Time (EST) Monday through Friday, shall be credited to the Depositor's applicable account on the same Banking Day. Items received by Somerset after 4:00 p.m. EST on any Banking Day shall be credited to the Depositor's applicable account on the next successive Banking Day. Customer understands and agrees funds from Items deposited under the terms of this Agreement are subject to Somerset's Funds Availability Policy and will generally be available after processed and once funds are received.

3. Depositor Liability. Depositor shall be solely responsible if any Item for which Depositor has been given provisional credit is subject to return or reversal, and neither Somerset nor its subcontractors shall be liable or responsible for same. Depositor acknowledges that all credits received for deposit are provisional, subject to verification and final settlement. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back item. Information and data reported hereunder: (a)may be received prior to final posting and confirmation and is subject to correction and (b)is for information purposes only and may not be relied upon. Depositor agrees that Somerset shall have no liability for the content of payment-related information.

F. INTELLECTUAL PROPERTY OWNERSHIP. This Agreement does not transfer to depositor any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with Somerset or its subcontractors.

G. WARRANTIES AND DISCLAIMERS.

1. DEPOSITOR WARRANTY. Depositor represents and warrants to Somerset: (A) Depositor has the authority to enter into this agreement and perform its obligations hereunder and all information supplied by depositor to Somerset is accurate and true; (B) Depositor will provide all reasonable assistance to Somerset and its subcontractors in providing the services set forth herein; (C) Depositor and any authorized users will only use the services for lawful purposes and in compliance with all applicable rules and regulations and with Somerset's reasonable instructions, rules, policies, specifications, terms and conditions, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party; (D) Depositor has only transmitted acceptable items for deposit and has handled the original items following transmission to Somerset as agreed, directed by with Somerset and in accordance with applicable law; (E) Depositor is a person authorized to enforce each item or is authorized to obtain payment of each item on behalf of a person entitled to enforce an item; (F) The items have not been altered; (G) Each item bears all applicable endorsements in a restricted format as directed by Somerset; (H) All the warranties set forth in and subject to applicable laws and regulatory agencies; (I) (1) The electronic image portion of each item accurately and legibly represents all of the informationon the front and back of the original check as of the time the original check was deposited, (2) The information portion of the item contains a record of all applicable MICR-line information required for a substitute check, and (3) The item conforms to the technical standards for an electronic item as specified by Somerset from time to time; (J) Depositor will submit only one accurate and clear image of the front and back of each item to Somerset only one time; (K) Depositor will not deposit the original item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid; (L) The amount of an item entered by depositor or any authorized user for transmission to Somerset is accurate; and (M) Depositor and any authorized users will not (1) Sell, lease, distribute, license or sublicense the technology or services; (2) Modify, change, alter, disassemble or decompile the technology or services in any way for any reason; (3) Provide, disclose, divulge or make available to, or permit use of the technology or services by, any third party; (4) Copy or reproduce all or any part of the technology or services; (5) Interfere, or attempt to interfere, with the technology or services in any way; (6) Engage in spamming, fraudulent, illegal or unauthorized use of the services; (7) Introduce or transmit through the technology or services, without limitation, via any portion of the depositor's computer system that interfaces with the technology or services, or otherwise, any virus, worm, software lock, drop dead device, Trojan-horse routine, trap door, back door, timer, time bomb, clock,counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of the technology, services or other computer systems of Somerset or its subcontractors; (8) Remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the technology or services; (9) Engage in or allow any action involving the technology or services that is inconsistent with this agreement. Should depositor receive notice of any claim regarding the services, depositor shall promptly provide Somerset with a written notice of such claim.

2. SOMERSET WARRANTY. Somerset warrants that: (A) Somerset has the authority to enter into this agreement and perform its obligations hereunder; and (B) It has developed each service (other than any portion furnished by a subcontractor or third party vendor) and owns and/or has the right to furnish the same (including any portion furnished by a subcontractor or third party vendor.)

3. DISCLAIMER. Except as set forth above in Section 6.2, Somerset and its subcontractors make no representations or warranties, whether express, implied or statutory regarding or relating to any of the technology or services and/or access to or use of the services or technology provided to depositor hereunder. Somerset and its subcontractors specifically disclaim any and all implied warranties or merchantability, fitness for a particular purpose and non-infringement. Somerset and its subcontractors also do not guarantee that depositors' access to the services provided under this agreement will be uninterrupted, error free or secure. Somerset and its subcontractors also do not guarantee the accuracy of, and specifically disclaim liability for, information or data that is supplied or key-entered by depositor or agents. Somerset and its subcontractors do not warrant the accuracy, reliability, completeness or timeliness of the content of internet websites or other data received by depositor or payors via the internet.

H. LIMITATION OF LIABILITY/INDEMNIFICATION.

1. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary herein, in no event will Somerset's liability under this agreement for any damages of any kind exceed an amount equal to the amount of items received by Somerset from depositor for the services during the month preceding the date on which the claim first accrued. Somerset shall not be liable for any special, indirect or consequential damages, even if it has been advised of the possibility of these damages.

2. INDEMNIFICATION. In addition to its indemnification obligations in this agreement, and except for losses or expenses attributable o Somerset's own gross negligence, depositor agrees to indemnify Somerset for any loss or expense sustained (including interest, costs, attorney's fees and expenses of litigation) resulting from (i) Depositor's lack of authority to make the warranty in subsection 6.1 (E); (ii) any action taken or not taken by Somerset within the scope of its authority in handling an item; (iii) any warranty required to be made by Somerset with respect to an item under applicable law or regulation; and (iv) breach of the warranties in subsections 6.1(A) through 6.1(M).

I. TERMINATION.

1. Termination. In addition to the denial, suspension, revocation and termination provisions in this Agreement, Somerset may immediately terminate the Service or any portion of the Service if Somerset determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. Depositor may terminate the Service with notice to Somerset. Any termination will not affect any obligations arising prior to termination, such as the obligation to process any Items that were processed or in the process of being transmitted or collected prior to the termination date, or any returns of the same.

2. Obligations upon Termination. Upon the termination of this Agreement for any reason: (a) Depositor's access to, and use of, the Services will terminate; (b) Depositor will return to Somerset any and all Somerset Services, equipment, software, documentation, Technology or other deliverables provided to Depositor by Somerset, including any copies thereof held by Depositor; (c) Somerset will deliver to Depositor all Depositor documentation and other materials stored by Depositor on Somerset's or its subcontractor's network; and (d) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information or destroy same, and provide written verification of same. Notwithstanding the foregoing, Somerset's obligations with respect to subsections (c) and (d) shall be subject to Somerset's record retention policies and applicable laws and regulations. The provisions of sections 6, 7, 8 and 9 shall survive termination of this Agreement.

J. CONFIDENTIALITY.

1. Somerset Information. Depositor acknowledges that the Technology and Service contain valuable trade secrets, which are the sole property of Somerset or its subcontractors ("Bank Confidential Information"), and Depositor agrees to hold same in strict confidence and disclose only to those agents whose duties reasonably require access to same, provided that all such agents are informed of such use or disclosure restrictions as set forth herein. Depositor agrees to use no less than reasonable care to prevent other parties from learning of these trade secrets. Depositor will take no less than all reasonable steps to prevent the unauthorized use, disclosure, duplication or access to the Bank Confidential Information.

2. Depositor Information. Somerset acknowledges that Depositors' information may contain information regarding its Depositors, which are the sole property of Depositor ("Depositor Confidential Information," and, collectively with Bank Confidential Information, "Confidential Information"), and Somerset agrees to hold same in confidence and will protect Depositor Confidential Information pursuant to Somerset's Privacy Policy.

3. Exceptions. The obligations of this Section 9 shall not apply to any information that: (a) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party (the "Receiver"), generally known or available; (b) is known by the Receiver at the time of receiving such information, as evidenced by the Receiver's records; (c) is hereafter furnished to the Receiver by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed by the Receiver without reference to or use of the disclosing party's information; or (e)is required to be disclosed by law or in connection with a legal or administrative proceeding, provided that the party to whom the information belongs is given prompt prior written notice of such proposed disclosure, if not otherwise prohibited.

4. Unauthorized Use. Both parties acknowledge that the unauthorized use, disclosure or duplication of trade secrets or other confidential information belonging to each party shall constitute a material breach of this Agreement and is likely to cause irreparable injury to the owner, for which there is no adequate remedy at law. Accordingly, Somerset and Depositor each hereby agree that the other party may seek injunctive relief against it to prevent or remedy any breach of the confidentiality obligations described herein without the other party being required to post bond, or if bond is required, only nominal bond.

K. MISCELLANEOUS PROVISIONS.

1. Relationship of Parties. Somerset and Depositor are independent parties and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Somerset and Depositor. Neither Somerset nor Depositor will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.

2. Notices. Depositor agrees that any notices required or permitted under this Agreement or the Service Agreement may be given electronically.

3. No Waiver. The failure of either party to enforce at any time any provision of this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision or right, and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent or impair the right of either party to subsequently enforce any provision or exercise any right hereunder.

4. Severability. The invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of any other term or provision.

5. Governing Law. This Agreement is entered into in Pennsylvania, and shall be governed by the laws of Pennsylvania and of the United States, and any rule or regulation of Pennsylvania or a federal agency having jurisdiction over Somerset. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. The rights of Somerset under this Agreement are cumulative of all other rights Somerset may have by law or otherwise.

6. Amendments. Unless applicable law provides otherwise, this Agreement may be amended by notice sent electronically or by mail to Depositor at Depositor's last address known to Somerset to be effective not less than thirty (30) days after the day transmitted or mailed. Somerset shall not be bound by any modification of this Agreement unless Somerset expressly agrees to the modification in writing. Depositor shall have the right to terminate the Agreement prior to the effective date of amendment. This Agreement supersedes all prior agreements and amendments.

7. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other related communications, written or oral.

Addendum B to STC Mobile Bank Terms of Use
ELECTRONIC FUND TRANSFERS - YOUR RIGHTS AND RESPONSIBILITIES (Personal Accounts Only)

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

  • Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking, savings, or money market account(s).
  • Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking, statement savings, or money market savings account(s).
  • Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
  • Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
     

Please also see Limitations on frequency of transfers section regarding limitations that apply to savings accounts.

STC PhoneLine Telephone Transfers - types of transfers and frequency limitations - You may access your account by telephone 24 hours a day at 1-888-STC-9797 using your personal identification number, your personal touch tone phone, and your account numbers, to:

  • transfer funds from checking to checking
  • transfer funds from checking to statement savings
  • transfer funds from checking to money market savings
  • transfer funds from statement or money market savings to checking
    • you may make no more than six transfers per calendar month
  • transfer funds from savings to savings (statement or money market)
    • you may make no more than six transfers per calendar month
  • get information about:
    • the account balance of checking accounts
    • the account balance of statement or money market savings accounts

Please also see Limitations on frequency of transfers section regarding limitations that apply to telephone transfers.

ATM Transfers - types of transfers, dollar limitations, and charges - You may access your account(s) by ATM using your ATM/Debit card and personal identification number, to:

  • make deposits to checking account(s) with an ATM/Debit Card (only at ATMs we own or operate that accept deposits)
  • make deposits to savings or money market account(s) with an ATM/Debit Card
    (only at ATMs we own or operate that accept deposits)
  • get cash withdrawals from checking account(s) with an ATM/Debit Card
    • you may withdraw no more than $500.00 per business day
    • there is a charge of $1.00 for cash withdrawals at ATMs we do not own or operate
  • get cash withdrawals from savings or money market account(s) with an ATM/Debit Card
    • you may withdraw no more than $500.00 per business day
    • there is a charge of $1.00 for cash withdrawals at ATMs we do not own or operate
  • transfer funds from savings or money market to checking account(s) with an ATM/Debit Card
  • transfer funds from checking to savings or money market account(s) with an ATM/Debit Card
  • transfer funds from checking to checking with an ATM/Debit Card
  • transfer funds from savings or money market to savings or money market with an ATM/Debit Card
  • get information about:
    • the account balance of your checking account(s)
      • with an ATM/Debit Card
    • the account balance of your savings or money market account(s)
      • with an ATM/Debit Card

Some of these services may not be available at all terminals.

Please also see Limitations on frequency of transfers section regarding limitations that apply to ATM transfers.

Types of ATM/Debit Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person, online, or by phone), pay for services (in person, online, or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.

Point-of-Sale Transactions - dollar limitations - Using your card:

  • you may not exceed $2,000.00 in transactions per business day

Please also see Limitations on frequency of transfers section regarding limitations that apply to debit card transactions.

Currency Conversion. If you effect a transaction with your MasterCard®-branded debit card in a currency other than US Dollars, MasterCard will convert the charge into a US Dollar amount. The MasterCard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account.

Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

STC OnLine Banking Computer Transfers - types of transfers, dollar limitations and charges - You may access your account(s) by computer 24 hours a day using your personal user name and a user access code, to:

  • transfer funds from checking, savings or money market to Christmas Club
  • transfer funds from checking or savings to Ultimate 6 Month CD
  • the minimum amount to transfer is $25
  • transfer funds from checking to checking
  • transfer funds from checking to savings or money market
  • transfer funds from savings or money market to checking
  • transfer funds from savings or money market to savings or money market
  • transfer funds from line of credit to checking
  • transfer funds from line of credit to savings or money market
  • make payments from checking to loan accounts with us
  • make payments from savings or money market to loan accounts with us
  • make payments from checking to third parties (Bill Payment)
    • please refer to our separate fee schedule for charges
  • get information about:
    • the account balance of checking accounts
    • deposits to checking accounts
    • withdrawals from checking accounts
    • the account balance of savings or money market accounts
    • deposits to savings or money market accounts
    • withdrawals from savings or money market accounts

Please also see Limitations on frequency of transfers section regarding limitations that apply to computer transfers.

STC Mobile Banking Transfers - types of transfers and frequency - You may access your account(s) by Smartphone and using your user identification, your password, and your challenge/security questions, to:

  • transfer funds from checking, savings or money market to Christmas Club
  • transfer funds from checking to savings or money market
  • transfer funds from savings or money market to savings or money market
  • transfer funds from checking or savings to Ultimate 6 Month CD - the minimum amount to transfer is $25
  • transfer funds from checking to checking
  • transfer funds from savings or money market to checking
  • transfer funds from line of credit to checking
  • transfer funds from line of credit to savings or money market
  • make payments from checking to loan accounts with us
  • make payments from savings or money market to loan accounts with us
  • get information about:
    • the account balance of all active accounts with us
    • history review of accounts which includes balance of checking, savings, money markets, CDs, Christmas Clubs, and Loans
  • make deposit to accounts that take a deposit which includes checking, savings, 6 Month Ultimate CD, money market, and Christmas Club

Please also see Limitations on frequency of transfers section regarding limitations that apply to electronic transfers.

Limitations on frequency of transfers - In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

  • Transfers from a money market savings or statement savings account to another account or to third parties by preauthorized, automatic, telephone agreement, computer transfer, draft or similar order to third parties are limited to six per calendar month.
  • Transfers from a Money Market Plus, IRA Savings, Super Money Market Plus, or Advantage Interest account to another account or to third parties by preauthorized, automatic, telephone agreement, or computer transfer or by check, draft, or similar order to third parties are limited to six per calendar month.
  • For security reasons, there are other limits on the number of transfers you can make by ATM.
  • For security reasons, there are other limits on the number of transfers you can make by Debit Card.

    FEES

  • We do not charge for direct deposits to any type of account.
  • Please refer to our separate fee schedule for charges.

Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

DOCUMENTATION

  • Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
  • Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money or you can call us at (814) 443-9200 to find out whether or not the deposit has been made.
  • Periodic statements. You will get a monthly account statement from us for your checking accounts:
        You will get a monthly account statement from us for your savings or money market accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.

    PREAUTHORIZED PAYMENTS

  • Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
        Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
        Please refer to our separate fee schedule for the amount we will charge you for each stop payment order you give and for revocation of a preauthorized debit.
  • Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
  • Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

FINANCIAL INSTITUTION'S LIABILITY

Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are 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.
  2. If you have an overdraft line and the transfer would go over the credit limit.
  3. If the automated teller machine where you are making the transfer does not have enough cash.
  4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  6. There may be other exceptions stated in our agreement with you.

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:

  1. where it is necessary for completing transfers; or
  2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. in order to comply with government agency or court orders; or
  4. as explained in the separate Privacy Disclosure.

UNAUTHORIZED TRANSFERS

(a) Consumer liability.

Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
 

If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
 

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Additional Limits on Liability for MasterCard®-branded debit card, when used for point-of-sale transactions. You will not be liable for any unauthorized transactions using your MasterCard®-branded debit card, when used for point-of-sale transactions, if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, (ii) you have not reported to us two or more incidents of unauthorized use within the prior twelve-month period, and (iii) your account is in good standing. If any of these conditions are not met, your liability is the lesser of $50 or the amount of money, property, labor, or services obtained by the unauthorized use before notification to us. "Unauthorized use" means the use of your debit card by a person, other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by MasterCard.

(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check without your permission.

ERROR RESOLUTION NOTICE

In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, 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 the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  2. 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.
  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the 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 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide 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.

SOMERSET TRUST COMPANY
CUSTOMER SERVICE
151 WEST MAIN STREET, P.O. BOX 777
SOMERSET, PENNSYLVANIA 15501

Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (814) 443-9200

MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

November, 2012