First Citizens Digital Banking Agreement

First Citizens Digital Banking Agreement

(Personal and Business)

First Citizens Bank is pleased to offer you the many benefits of its Digital Banking service. Digital Banking, which is accessible via your computer or mobile device (either tablet or smart phone), gives you electronic ability to view, manage and transact on your accounts by allowing you to track account transactions and balances, deposit checks, pay bills, send payments to individuals, transfer funds between accounts, aggregate your accounts held at various financial institutions in one place and perform administrative tasks (these and other services available through Digital Banking are referred to hereafter as the "services"). The major services are described in more detail in this Agreement. Your use of Digital Banking and its services is subject to the terms, conditions and limitations stated in this Agreement, and the applicable instructions we provide you. By using any new Digital Banking services as they become available, you agree to be bound by this Agreement, any amendments to this Agreement regarding the new services, and any additional rules that we provide to you concerning the new services. In addition, we may change or remove existing services as we revise or update Digital Banking. In such situations, we may terminate or modify this Agreement as to prior versions of Digital Banking and limit access only to revised or updated services.

TABLE OF CONTENTS

  1. GENERAL DEFINITIONS
  2. OUR AGREEMENT WITH YOU; AMENDMENTS; THIRD PARTY SERVICE PROVIDERS
    1. Our Agreement
    2. Amendments
    3. Third Party Service Providers
  3. ACCESS TO DIGITAL BANKING
    1. Access Through Your Computer-Hardware/Software Requirements
    2. Access Through Your Mobile Device
    3. Access Through PFM Software
  4. ENROLLMENT IN DIGITAL BANKING
    1. Individual Enrollment-Personal Accounts
    2. Business/Entity Enrollment-Business Accounts
  5. PRIVACY AND SECURITY
    1. Security Procedures; Care of Your Login ID, Password and Other Security Credentials
    2. Disclosure of Account Information — Our Privacy Policy
    3. Information We Collect
  6. ACCOUNT OWNERSHIP AND INFORMATION; RELIANCE ON YOUR INSTRUCTIONS
  7. REPORTING A COMPROMISE OF YOUR INFORMATION AND/OR SECURITY CREDENTIALS - If You Believe Your Login ID, Password or Other Security Credentials are Lost, Stolen or Used Without Your Authority
  8. ACCOUNTS YOU MAY ACCESS THROUGH DIGITAL BANKING
    1. Deposit Accounts
    2. Credit Lines and Loans
  9. SERVICES AVAILABLE THROUGH DIGITAL BANKING
    1. Obtaining Account Information
    2. Transferring Funds
    3. Person-to-Person Payments — ("P2P" or "Pay People")
    4. Bill Pay
    5. Text Banking
    6. Mobile Deposit
    7. ACH Origination Service and Wire Transfer Service (for certain business customers)
    8. Account Aggregation and Money Management Service
    9. Card Management
    10. Electronic Statements
    11. Secure Mail via the Message Center
    12. Alerts
  10. MISCELLANEOUS
    1. Transaction Limitations
    2. Accuracy of Information
    3. Overdrafts
    4. Our Liability for Failure to Make Transfers
    5. Liability for Loss of Data or Erroneous Data
    6. Fees and Charges
    7. Cancellation or Termination of Digital Banking and/or Digital Banking Services
    8. Notices
    9. Change of Information
    10. Joint and Several Liability
    11. Monitoring
    12. Service Providers — Third Party Beneficiaries
    13. Interruption of Service
    14. Warranties
    15. Limitation of Liability
    16. Indemnification
    17. Assignment
    18. Entire Agreement
    19. Severability
    20. No Waiver
    21. Governing Law
    22. Copyrights and Usage Obligations
  11. TERMS SPECIFIC TO CONSUMER ACCOUNTS
    1. Consumer Protections Under the Electronic Funds Transfer Act (Regulation E)
    2. Preauthorized Electronic Fund Transfers
    3. Liability for Unauthorized Transfers
  12. BANK CONTACTS
  1. GENERAL DEFINITIONS

    In this Agreement, "First Citizens Bank," "First Citizens," "Bank," "we," "our," and "us," refer to First-Citizens Bank & Trust Company. "You" and "your" refer to any person authorized to access one or more accounts using your Digital Banking account and each person who has an interest in an account or other relationship that is accessible through Digital Banking. The terms "include," "includes," and "including" are used to indicate examples and not to limit what is covered. Other general definitions are provided below, and service-specific terms may be defined in later sections of the Agreement.

    • "ACH" refers to Automated Clearing House.
    • "Account" or "Accounts" refer to any of your accounts that may be accessed through Digital Banking, including the account you have designated as the primary account.
    • "Agent" has the same meaning as used in the First Citizens Bank Deposit Account Agreement.
    • "Application" or "App" is a specialized software program, written for a specific operating system and performing a specific function, which can be downloaded onto a mobile device.
    • Balances
      • "Available balance" represents the difference between the current balance and any activity that has not yet posted to your account (e.g., any "pending" deposits, checks, transfers and withdrawals). Pending items are those debits and credits we have received, but have not yet settled and posted.
      • "Current balance" is the beginning-of-the-day balance after the prior evening's posting.
    • "Business day" means any day Monday through Friday, except bank holidays.
    • "Business Support" is our telephone customer service center for business customers. You can reach Business Support by calling our toll free number (866.322.4249) between the hours of 7 a.m. - 11 p.m. Eastern time, Monday through Saturday.
    • "Deposit Account Agreement" means the First Citizens Bank Deposit Account Agreement, which governs your deposit account with us.
    • "Electronic fund transfer" (or "EFT") is a transfer of funds initiated through an electronic terminal, telephone or computer for the purpose of authorizing the Bank to debit or credit your checking or savings account.
    • "Electronic message" means an electronically transmitted message which allows the text of the message to be displayed on a computer or mobile device in the recipient's possession. An electronic message is considered written notice for purposes of this Agreement.
    • "FC Direct" is our telephone Customer Care Center for personal customers. You can reach FC Direct by calling our toll free number (888.323.4732) between the hours of 7 a.m. - 11 p.m. Eastern time on any day.
    • "First Citizens Digital Banking" means the personal and business online banking service provided by First Citizens Bank, which is accessible through computer or mobile device.
    • "firstcitizens.com" is the address through which Digital Banking is accessed over an Internet connection and viewed via a web browser.
    • "Online accounts" means accounts that are opened on firstcitizens.com.
    • "Payee" is a person, business, or any other entity to whom you direct payments through the Bill Pay service and whom we accept as a payee.
    • "Mobile banking" refers to the process of accessing and using Digital Banking or any of its services via a mobile device.
    • "Mobile device" refers to a tablet, cellular phone or other hand-held device used to access Digital Banking and its various services.
    • "NSF" means non-sufficient funds or insufficient funds. NSF activity refers to items posting or attempting to post to one or more of your accounts when the account has insufficient funds to cover the item.
    • "Payment instructions" (also sometimes referred to as "transfer instructions") are instructions you give us through Digital Banking to make a payment from funds in an account that you designate, or transfer funds between accounts you can access or to accounts of other individuals using one of our payment or transfer services such as, for example, Bill Pay, P2P, and A2A.
    • "PFM software" means supported versions of account management software, such as Intuit® Quicken® and Quickbooks® through which you may access certain online banking services over an Internet connection. For purposes of this Agreement, this definition does not include our Account Aggregation and Money Management service offered through Digital Banking, which allows you to see all your financial information in one place within your Digital Banking account. This service is described in more detail in a later section of this Agreement.
    • "Primary account" refers to the account that you have designated as the default account from which your Digital Banking service fees will be paid. NSF and overdraft charges you incur due to a transaction initiated through Digital Banking will, however, be charged against the account(s) experiencing the NSF activity that precipitates the charge. Your primary account must be a checking account.
    • "Primary user" is the term used within the context of business Digital Banking accounts to refer to the individual with primary authority on your Digital Banking account. The primary user is responsible for supervising user access to Digital Banking, performing administrative tasks (such as adding and deleting users and user authorization, supervising the security of your systems, and setting up and modifying communications settings), and serving as our main contact for receipt of information relating to your use of Digital Banking.
    • "Preauthorized recurring transfer" is defined in federal Regulation E to mean an electronic funds transfer you authorize in advance to recur at substantially regular intervals (at least once every 60 days).
    • "Secure mail" or "secure messages" are electronic messages that are encrypted to protect against the possibility of breach.
    • "Security credential(s)" refers to your login ID, password, secure access code (a one-time code we send you in order to authenticate you in connection with an enrollment or transaction), and/or any other login credentials used to ensure that access to your accounts is authorized, protected and secure.
    • "Service provider" refers to third party service providers or agents we use to provide certain Digital Banking services to you, or third party service providers you contract with independently in connection with use of Digital Banking.
    • "User" refers to each individual authorized by the primary user of a business Digital Banking account to use Digital Banking to access accounts and initiate transactions from those accounts. Each user's access to certain accounts and his or her ability to initiate certain transactions is controlled by the "permissions" granted to that individual by the primary user.

  2. OUR AGREEMENT WITH YOU; AMENDMENTS; THIRD PARTY SERVICE PROVIDERS

    1. Our Agreement

      Your use of Digital Banking, and the specific services available through Digital Banking, are governed by this Agreement, the Bank's Disclosure of Products and Fees applicable to your accounts, the application you complete (if required) for any service available through Digital Banking, any instructions we provide you on using Digital Banking, and any other agreements applicable to the deposit or loan accounts or the services you access through Digital Banking, including our Deposit Account Agreement, Business and Treasury Services Agreement, any applicable overdraft protection agreement, any applicable loan agreement, any credit card agreement, and any other applicable agreement such as our Funds Transfer Authorization Agreement and our Agreement for Automated Clearing House Services ("Banking Agreements"), all as they may be amended from time to time.

      Any use of Digital Banking or the Digital Banking services by you, or by anyone you authorize, is your acknowledgment that you have received this Agreement, understand it, and agree to be bound by all of its terms, conditions and notices. In the event of any conflict between this Agreement and any other agreement between you and the Bank applicable to the products and/or services governing your deposit or loan accounts, this Agreement will control. Please read this Agreement, and all additional agreements, carefully before using Digital Banking.

    2. Amendments

      We reserve the right to amend this Agreement or any disclosures related to Digital Banking at any time. We will provide you with any notice required by law or this Agreement of any changes to the terms of this Agreement, which notice may be provided electronically; i.e., we may notify you of the amendment solely by posting a revised version of the Agreement on Digital Banking. We will provide the updated version on or before the effective date of any such changes unless (i) an immediate change is necessary to maintain security or to prevent fraud; or (ii) a legal or regulatory requirement requires immediate change; in which event this Agreement will be updated within a commercially reasonable period of time. We will provide you with notification of such amendments when you log in to Digital Banking. We may require you to affirmatively acknowledge or accept the amended Agreement in order for you to continue using Digital Banking. Your express acknowledgment or acceptance of the amended terms of the Agreement, or any use by you or your authorized representatives of Digital Banking or any of its services and features after a notice of change is made available to you on the Digital Banking web site, will constitute your acceptance of such changes. You may decline changes by terminating Digital Banking, in the manner provided in this Agreement, before the changes go into effect.

    3. Third Party Service Providers

      In addition to the foregoing, some of the services offered through Digital Banking may also be governed by any agreement you have with our third party service providers or third party service providers you contract with independently, such as your Internet provider or telecommunications carrier. If you elect to use Digital Banking and its services and features, you understand and agree that you are subject to the terms and conditions of this Agreement as well as the agreements you have with both affiliated and unaffiliated third party service providers, including, but not limited to, your Internet or mobile service provider. You also agree to resolve any problems you have with unaffiliated third party service providers directly with them without involving us.

  3. ACCESS TO DIGITAL BANKING

    You may access Digital Banking and its various services through your computer, and through your mobile devices such as your tablet or smart phone. In addition, you may access some of the Digital Banking services through PFM software you have obtained independently through a service provider.

    To use Digital Banking, you must own or have access to equipment and software that allows you to access the Internet. You must also have a current version of Adobe Acrobat® Reader to access pdf documents. You also need one or more security credentials such as your login ID and password. You are responsible for installation, maintenance, and operation of your computer or mobile device used to access Digital Banking and any of its services. We do not provide any warranties that you will be able to access Digital Banking from a foreign county, especially if you are attempting to access Digital Banking through a mobile device. You acknowledge and understand that you may be assessed fees by your Internet provider or mobile service provider when you access Digital Banking, and the Bank is not responsible for payment of these fees.

    1. Access Through Your Computer - Hardware/Software Requirements

      To access Digital Banking through a computer, you must have Internet service as well as a modem or equivalent communications connection device that uses a recent, supported version of one of the browsers listed below. These browser requirements may change from time to time and are described in more detail on firstcitizens.com:

      • PC browser compatibility:
        • Microsoft Internet Explorer®
        • Microsoft Edge™
        • Mozilla® Firefox®
        • Google Chrome™
      • MAC® browser compatibility:
        • Google Chrome
        • Safari®
        • Mozilla Firefox

    2. Access Through Your Mobile Device

      You may access most of the Digital Banking services via your mobile device (a process referred to as "mobile banking"). In addition, there are certain services and features that you can access only through a mobile device, such as using mobile banking to electronically locate First Citizens branches and ATMs and make mobile deposits.

      (a) Hardware/Software Requirements. In order to access Digital Banking through a mobile device you must have Internet access and be able to send and receive information, including SMS text capability, through a carrier service using technology that supports mobile banking. A list of compatible mobile devices is included on firstcitizens.com/mobile, and this list is updated regularly. To connect to the Internet from your mobile device, you may use Wi-Fi or 3G or 4G LTE mobile connectivity. We are not responsible for any third party software you may need for mobile banking. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with your third party software provider at time of download and installation. Mobile banking may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported. The technical standards required to access and use mobile banking may vary across the types of mobile devices and telecommunications carriers that support mobile banking, and these standards may be updated from time to time by the carriers. You understand and agree that telecommunication carriers may modify the supported mobile devices at any time, without prior notice, and you are responsible for satisfying any technical standards required to access and use Digital Banking. We shall not be liable to you for your inability to access or use Digital Banking due to any such modifications.

      (b) Accessing Digital Banking Through Your Mobile Device. In order to access Digital Banking through your mobile device you must either (i) download an application ("App") through the applicable App store for the operating system on your mobile device, or (ii) access Digital Banking through the web browser on your mobile device. You accept responsibility for making sure that you understand how to use mobile banking before you actually do so, and that you always use mobile banking in accordance with our online instructions that are posted on firstcitizens.com/mobile. We may change or upgrade mobile banking from time to time, and you also accept responsibility for making sure that you continue to know how to properly use your mobile device as it may be changed or upgraded.

      (c) Limitations on Accessing Digital Banking Through Your Mobile Device. There are limitations specific to mobile banking, which include but are not limited to the following:

      • Not all Digital Banking services and features are available through your mobile device or through both means of access (App or web browser). For instance, the Mobile Deposit service is available only in downloadable mobile applications.
      • The mobile web banking browser is optimized for devices with touch screens.
      • There may be technical or other difficulties related to accessing Digital Banking through your mobile device. These difficulties may result in loss of data, personalized settings or other mobile banking service interruptions. Neither we nor our third party service providers assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with your use of mobile banking, nor for the delivery or accuracy of any information requested or provided through mobile banking.
      • Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any mobile device or mobile network which you utilize to access Digital Banking, nor guarantee that you will have continuous or uninterrupted access to Digital Banking. We are not responsible for any delay, failure or error in the transmission or content of information provided through mobile banking. Neither we nor any of our service providers and affiliates will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through mobile banking, from any inaccurate information provided through mobile banking, from your use of or reliance on any information provided through mobile banking, or from your inability to access Digital Banking through your mobile device.
      • We will not be liable to you for any losses caused by your failure to properly use your mobile device or mobile banking, or for any losses resulting from the loss or theft of your mobile device. We reserve the right to refuse to make any transaction you request through mobile banking for any reason. You understand and agree that Digital Banking may not always be accessible through your mobile device or you may have limited utility over some mobile networks, such as while roaming.

    3. Access Through PFM Software

      To use Digital Banking through PFM software, you must license the PFM software from an independent service provider and meet the minimum technical requirements of the PFM software. These basic requirements, which may change from time to time, are available from your service provider. You are responsible for correct installation and set-up of PFM software, maintaining a compatible web browser on your computer or mobile device, your Internet service and all related security settings, and for obtaining any new releases or software updates as required to use Digital Banking. Your ability to access certain Digital Banking services through PFM software may be limited by the version of PFM software or web browser you are using. To print or electronically retain information you view using Digital Banking through PFM software, you must either have a printer or the ability to download the information onto your computer or mobile device. We do not provide paper copies unless required to do so by law or regulation. Your use of PFM software and the required web browser and Internet service are governed by your license and other agreements with the applicable service provider. If you access Digital Banking through PFM software, you will not be able to view or obtain information concerning installment loans or credit card accounts, or transfer funds to make payments on installment loans or credit card accounts. If you have questions about using PFM software to access Digital Banking, please direct your inquiries and correspondence to the PFM service provider.

  4. ENROLLMENT IN DIGITAL BANKING

    1. Individual Enrollment - Personal Accounts

      Enrollment in Digital Banking is by individual. Joint accountholders may each open a separate Digital Banking account through which to access the joint account and any other accounts each individual owns or has signing authority on. An individual may access all of his or her accessible deposit and loan accounts through the same Digital Banking account.

      There are several options for enrolling in Digital Banking. You may enroll electronically at firstcitizens.com, in which case you will select your own unique login ID and password. You may also choose to enroll in-person at one of our branches, or by telephone through FC Direct. If you use one of these two methods, once you have created your unique login ID you will be able to sign onto Digital Banking to complete the secure access process, at which time you will be prompted to create a password. Passwords must meet the Bank's password criteria in terms of length and required elements. We may require that you change your password periodically. It is your responsibility to remember your password; we do not maintain a record of it.

    2. Business/Entity Enrollment-Business Accounts

      If you have business accounts, you may enroll in Digital Banking in-person at one of our branches or online at firstcitizens.com. To start the enrollment process online, you will need to enter information enabling us to identify you, such as the account number of your business' primary account and your business Tax Identification Number ("TIN"). The Digital Banking system will attempt to locate your business (or other entity) in its database to verify that the business does not already have a Digital Banking account with First Citizens Bank. Once that is confirmed, you will receive an online enrollment form on which you must verify your status as authorized signer on the business' accounts with full authority to enroll in Digital Banking on behalf of the business. As part of completing the form, you will be asked to create a login ID. Once the completed enrollment form is submitted and approved, you will receive a welcome email informing you that your Digital Banking account has been established.

      You agree to assign a Digital Banking primary user who shall be responsible for authorizing and supervising user access to Digital Banking, and for serving as our main contact for receipt of information relating to your use of Digital Banking. You may also, at your option, allow the primary user to perform other administrative tasks in connection with your Digital Banking account, including adding and deleting users and user authorization, supervising the security of your systems, and setting up and modifying communications settings. The primary user will be able to, and will have responsibility for, designating different levels of access, or "permissions" for users. We will provide your primary user with instructions for available options. All actions by your primary user with respect to assigning security credentials to users, assigning permissions to these users, accessing your accounts through Digital Banking, and approving transactions are deemed authorized by you and are legally binding on you.

      During enrollment, business customers will also have the ability to elect our Wire Transfer service and/or our ACH Origination service; however, access to these services may take up to two business days. Prior to using these services, you will need to click acceptance online to the terms of both our Funds Transfer Authorization Agreement (to initiate wire transfers) and our Agreement for Automated Clearing House Services (to initiate ACH transfers) even if you are electing to use only one of these two services.

  5. PRIVACY AND SECURITY

    1. Security Procedures; Care of Your Login ID, Password and Other Security Credentials

      When you or any authorized user logs onto Digital Banking using your login ID, password and/or other security credentials, you authorize us to follow the instructions we receive relating to your accounts and to charge and credit your accounts according to those instructions. You are responsible for all transfers and payments you initiate or authorize through Digital Banking. You agree to take every precaution to ensure the safety, security and integrity of your accounts and transactions when using Digital Banking.

      Because your security credentials are the principal security measures used to protect access to your accounts, you agree that you will not give or otherwise make them available to any unauthorized person; however, if you disclose your login ID, password or other security credentials to any person, otherwise allow another person access to your security credentials, or permit another person to use your Digital Banking account on your behalf, you will have authorized that person to access your accounts, even if that person exceeds your authorization, and you will be responsible for all transactions that person initiates or authorizes from your accounts. All access to your Digital Banking account through your security credentials will be deemed to be authorized by you and will be binding upon you. We recommend that in all cases, but especially if you allow another individual to use your security credentials, that you monitor your accounts on a regular basis for irregular and/or unauthorized activity.

      In addition to protecting your security credentials and other account information, you should also take precautions to protect your personal identification information, such as your driver's license number, Social Security Number, etc. This information by itself or together with other account information may allow unauthorized access to your accounts.

      You agree not to leave your computer or mobile device unattended while logged into Digital Banking or any of its services, and to log off immediately at the completion of each access by you. If you believe that someone may have obtained unauthorized access to your Digital Banking account, your computer or any of your mobile devices, or if you suspect fraud or any unauthorized activity on or access to your accounts, you agree to contact us immediately. If the unauthorized access is via your mobile device, you also agree to cancel the service associated with the mobile device immediately.

      Your sensitive personal and account information that is available or displayed on Digital Banking may be especially vulnerable when you are using mobile banking because you carry your mobile device with you in public places. Anyone with access to your mobile device may be able to view this information and perform transactions on, and make transfers between your First Citizens bank accounts. You are responsible for protecting and securing all information and data stored in your mobile device and for maintaining the security of your mobile device. You agree to exercise caution at all times when using Digital Banking, but especially when you are accessing Digital Banking via a mobile device, and to use good judgment and discretion when obtaining or transmitting information.

      It is important for you to take necessary precautions to ensure appropriate safety from viruses, worms, Trojan horses, and other potentially destructive items. You agree that we are not responsible for any electronic virus that you may encounter using Digital Banking. We encourage you to routinely scan your computer using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware. You shall immediately install any upgrades, patches or fixes required for security reasons or otherwise for the proper functioning of Digital Banking and any of its services and features regardless of whether requested by us.

      We may provide links to third party websites without endorsing the accuracy or safety of the third party service, and we disclaim all liability for any linked sites or their content.

    2. Disclosure of Account Information - Our Privacy Policy

      We only disclose information about your accounts as set forth in our Privacy Notice. You may obtain a copy of our Privacy Notice (i) by using the Privacy & Security link, which can be found in the footer of either firstcitizens.com or the Digital Banking login page, (ii) at one of our branches, or (iii) by calling FC Direct or Business Support, as applicable.

    3. Information We Collect

      When you interact with us at any website or application that we own and control, or with our applications on third-party websites (the "sites"), we or our service providers collect certain information about you and the computer or mobile device you are using ("cookies") and/or pixel tags (i) for security purposes, (ii) to provide you with an improved experience on the site, and (iii) to share targeted product and service offers to you on the site. By not allowing cookies, you may prevent our services from functioning as intended. Our practices in this regard and how we use this information we collect, are set forth in our Online Information Practices disclosure, which is available on firstcitizens.com. When visiting external websites, you should review those websites' privacy policies and other terms of use to learn more about how they collect and use any personally identifiable information.

  6. ACCOUNT OWNERSHIP AND INFORMATION; RELIANCE ON YOUR INSTRUCTIONS

    You represent that you are the legal owner of the accounts and other financial information which may be accessed through Digital Banking. You represent and agree that all information you provide to us in connection with Digital Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of enrolling in and using Digital Banking. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

    We may rely and act on instructions we receive through Digital Banking from you, from anyone to whom you gave or made available your login ID, password or other security credentials, from users established by your primary user (for Digital Banking business customers), from anyone acting at your direction or with your consent (express or implied), from anyone acting with authority from you (express or implied), from any person who is an agent with respect to any account which you may access through Digital Banking, and from any co-owner, authorized representative or other person having an interest in the account. All such instructions will be considered as having been given to us directly by you, and shall have the same authority as your written signature in authorizing us to comply with the instructions.

    Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any Digital Banking transaction:

    • initiated by you, at your direction, or with your consent (whether expressed or implied),
    • initiated by an agent with respect to any account you may access through Digital Banking,
    • initiated by a member of your household, whether or not related to you,
    • initiated by any person (or that person's agent) who is the owner, co-owner or authorized representative of any account that you may access through Digital Banking,
    • that results in the transfer of funds between accounts you may access through Digital Banking, even if subsequent transfers out of the account(s) benefit someone else, or
    • that is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable).

    If you contend a transaction is unauthorized, you must cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.

  7. REPORTING A COMPROMISE OF YOUR INFORMATION AND/OR SECURITY CREDENTIALS

    If You Believe Your Login ID, Password or Other Security Credentials Are Lost, Stolen or Used Without Your Authority:

    TELL US AT ONCE if you believe your login ID, password and/or other security credentials have been lost, stolen, or used without your authority or if you believe that an electronic fund transfer has been made without your permission using information from your check. You could lose all the money in your accounts, plus the maximum amount of any line of credit linked to your accounts. Telephoning is the best way of keeping your possible losses down, and we recommend that you call FC Direct or Business Support, as applicable, as soon as possible at the toll-free number provided in both the Definitions section at the beginning of this Agreement and in the Bank Contacts section at the end of this Agreement. If you cannot reach us by telephone, you may email us or write to us using the contact information provided in the Bank Contacts section.

    If a transaction you dispute involves a consumer account, please refer to Section K of this Agreement ("Terms Specific to Consumer Accounts", " Liability for Unauthorized Transfers") and the Regulation E Disclosures in your First Citizens Bank Deposit Account Agreement for important information about your rights and obligations in the event of unauthorized transfers from your account.

  8. ACCOUNTS YOU MAY ACCESS THROUGH DIGITAL BANKING

    1. Deposit Accounts

      Subject to any restrictions we may impose from time to time, you may access and perform transactions on many of your First Citizens Bank deposit accounts through Digital Banking. You must designate one of your accounts as the primary account for applicable charges for using some of the services available on Digital Banking. These charges will be documented on the Digital Banking Fee Schedule available on firstcitizens.com.

    2. Credit Lines and Loans

      If you have a First Citizens Bank credit card, or a line of credit or loan related or linked to any of your deposit accounts (such as our Checkline Reserve, Checkline Reserve Plus, Capital Line or EquityLine lines of credit), you agree that the credit card and/or line of credit may be accessed through Digital Banking. You understand and agree that the provisions of this Agreement relating to your credit lines will govern overdrafts, automatic advances to maintain the minimum balance necessary to avoid account service charges, and direct advances resulting from your use of Digital Banking. You authorize us to charge your related/linked deposit account for any payments owed on your line of credit, regardless of whether the line of credit is in default.

  9. SERVICES AVAILABLE THROUGH DIGITAL BANKING

    Some of the services described below may not be available for certain accounts or customers. For instance, if you are a business customer, you may be eligible to originate ACH funds transfers and send wire transfers; however, these services are not available to customers with personal accounts. We reserve the right to modify the scope and type of activities offered via Digital Banking and any of the services at any time, or limit eligibility for these services, in our sole discretion.

    We may also, from time to time, introduce new services or enhance existing services and will notify you as these new services become available. By using new services when they become available, you agree to be bound by the terms governing each service. The basic services, which are available to all Digital Banking customers, enable you to do the following:

    • Obtain information concerning your deposit and loan accounts, including account balances and transaction history.
    • Transfer funds (one-time and recurring):
      • between certain of your First Citizens deposit accounts.
      • from your First Citizens deposit accounts to make payments on certain loan accounts with us.
      • from your First Citizens EquityLine account to certain deposit and loan accounts with us.
      • from your accounts at First Citizens to accounts at other financial institutions ("Account to Account" or "A2A" transfers).
    • Pay bills ("Bill Pay").
    • Pay people ("Person to Person" or "P2P") (only available with a personal debit card).
    • Deposit checks electronically through your mobile device ("Mobile Deposit").
    • Obtain basic account information via text messaging ("Text Banking").
    • Aggregate your accounts held at various financial institutions and manage your finances.
    • Manage your ATM, debit and credit cards.
    • Initiate stop payment orders on checks.
    • Perform administrative functions such as ordering checks, requesting copies of statements and items, etc.
    • Set up alerts (i.e., request notification of certain transactional activity on your accounts).

    1. Obtaining Account Information

      You may use Digital Banking to obtain balance information and transaction histories for certain deposit and loan accounts. Balance information and transaction histories reported through Digital Banking may not include transactions that have occurred since the close of business on the previous banking day. Balance information shown for your deposit accounts may include current balance and available balance, and these balance amounts may differ. The current balance is the ending balance in your account as of the close of the previous banking day and does not include any holds which may have been placed on your account. The available balance is the current balance less any holds and includes certain debits and credits which have taken place since the close of the previous banking day, for example, ATM deposits and withdrawals, cash deposits, wire transfers, and other online activity. The available balance provides the most up-to-date balance information. Transaction history information is available for your current statement cycle plus the previous two statement cycles.

    2. Transferring Funds

      You may make one-time or preauthorized recurring transfers of funds from many of your deposit accounts or EquityLine line of credit account to certain other accounts that you can access through Digital Banking, including other deposit accounts, lines of credit, credit cards, and installment loans. If you use PFM software to access Digital Banking, you may not be able to transfer funds to make payments on installment loans or credit card accounts.

      When we receive transfer instructions from you or any other individual you authorize in accordance with Section F of this Agreement, you authorize us to debit your transfer-from account for the indicated amount, transfer the funds on your behalf to the transfer-to account designated by you, and debit your transfer-from account for any fees resulting from the transfer as disclosed in the Digital Banking Fee Schedule. If we credit the transfer amount to the transfer-to account, but the debit is returned to us for any reason, including but not limited to insufficient funds in the transfer-from account, you authorize us to reverse from your transfer-from account the amount of the returned debit.

      We will use reasonable efforts to complete all of your transfers properly. However, we shall incur no liability if we are unable to complete any transfers if:

      • The transfer-from account has insufficient funds;
      • The transfer service is not working properly and you know or have been advised by us about the malfunction before your execute the transaction;
      • The transaction is refused;
      • You have provided us with incorrect information, including but not limited to incorrect information about the transfer-to account;
      • Circumstances beyond our control, including but not limited to, fire, flood, network or system down time, issues with other financial institutions(s) involved in the transfer, or interference from an outside force, prevent us from properly executing your transfer.

      It is your responsibility to ensure the accuracy of the information you enter in connection with transferring funds, and to inform us as soon as possible if you become aware that any information you entered was inaccurate. If you notify us promptly through FC Direct or Business Support, as applicable, we will make reasonable efforts to stop or recover a transfer directed to the wrong transfer-to account; however we do not guarantee such reversal or recovery and are not responsible or liable for any damages resulting from incorrect information entered by you or any other party to a transfer.

      (a) Internal Transfers Between Your First Citizens Accounts

      (i)One-Time Transfers. The "transfer date" is the date you enter for the transfer of funds from one account to another. Transfer of funds from a deposit or EquityLine account to a deposit account will generally be processed simultaneously on the transfer date regardless of the day or time of the transfer. For example, if you transfer funds from Deposit Account A to Deposit Account B, the funds will be debited from Deposit Account A and credited to the available balance in Deposit Account B simultaneously on the transfer date. The transferred funds will be available immediately for withdrawal from Deposit Account B through an ATM, a debit card transaction or at a teller window, and will also be available to honor checks or other items presented for payment against Deposit Account B and posting in the nightly processing following the transfer.

      Transfers of funds from a deposit or EquityLine account to a loan account (including an equity line of credit account) will be processed as follows: (i) the transfer will be debited to your deposit or equity line of credit account when we execute the transfer on the transfer date (regardless of the day or time we receive your transfer instructions); and (ii) the transfer will be credited to your loan account during nightly processing of the loan account. The transfer will be credited to your loan account on the transfer date if (i) the transfer date you designate is a business day, and (ii) we receive your instruction to transfer the funds to your loan account no later than 9 p.m. Eastern time on the transfer date. If you designate a non-business day as the transfer date, or if we receive your transfer instructions after 9 p.m. Eastern time on the transfer date, the transferred funds will be credited to your loan account as of the next business day following the transfer date.

      (ii)Preauthorized Recurring Transfers. You can choose to make your transfer recurring with numerous frequency options. If you select a particular numeric date of the month as your frequency, and that date falls on a weekend or holiday, your transfer will occur the following business day. If the date you choose is the 29th, 30th or 31st day of the month, and a particular month does not have that date, your transfer will occur on the last business day of the month. In all other respects, the rules for internal one-time transfers apply to internal recurring transfers. You have instructed us to make preauthorized recurring transfers out of your account, you can stop these transfers by cancelling it within the "Manage Online Activity" tab the business day before the transfer is scheduled to be sent. If your account is a personal account, your rights to stop payment are explained in Section K.2(a) of this Agreement.

      (b) Internal Transfers to Accounts Held by Others ("Pay Bank Customer"). You can also make one-time or preauthorized recurring transfers from your accounts to the accounts of other parties who are enrolled in Digital Banking at First Citizens. In order to make this type transfer, you will need the recipient party's email address and the last four digits of the transfer-to account number. Note: you cannot execute this type of funds transfer if (i) the recipient account is joint, (ii) the joint accountholders each have different Digital Banking profiles, AND (iii) they have each enrolled in Digital Banking using the same email address. As with transfers made between your own accounts, there is no fee to make Pay Bank Customer transfers. The same rules that apply to internal transfers between your accounts at First Citizens apply when you are transferring funds to the accounts of other parties with Digital Banking accounts. Therefore, a transfer of funds from one of your accounts to the account of the recipient party will generally be processed simultaneously on the transfer date regardless of the day or time of the transfer. Owners of recipient accounts will not automatically receive notice of transfers unless they are receiving Account Alerts. Therefore, we recommend that you notify the recipient when you transfer funds through this service.

      (c) External Transfers from Your First Citizens Accounts to Accounts at Other Financial Institutions ("Account to Account" or "A2A"). By using A2A, you can also make one-time or preauthorized recurring external transfers to certain checking and savings accounts held at other financial institutions in the United States ("recipient accounts"); however, you will be charged a fee for these transfers as disclosed in our Digital Banking Fee Schedule. The Available Balance in your account must be sufficient to cover the transfer at the time your external transfer is scheduled. The cutoff time for initiating external transfers is 10 p.m. Eastern time on business days. If you initiate your transfer on a business day by the cutoff time, your transfer should be received in the recipient account by the next business day. If you initiate your transfer on a non-business day, even if prior to 10 p.m., your transfer will be deemed to have occurred on the next business day, and will be received in the recipient account by the following business day after the day the transfer was deemed initiated.

      Prior to making external transfers you must "add" each external recipient account to which you want to transfer funds to your Digital Banking account by inputting the financial institution routing number and the account number and type (checking or savings) for the recipient account. We will then verify the recipient account by making two randomly generated "micro deposits," each in an amount below $1, to the recipient account. You must confirm and communicate that the deposits have been received in the recipient account before you can make a transfer to this account. Confirmation must occur within five business days from the date the micro deposits are generated and received by clicking the "Verify External Account" tab on Digital Banking and entering the amounts of the micro deposits. If the micro deposits do not appear in the recipient account within five business days after you attempt to add the account on Digital Banking, contact the recipient financial institution to verify that you are using the correct routing number.

      You can also make external preauthorized recurring transfers according to the rules above for internal preauthorized recurring transfers. Again, if you have instructed us to make preauthorized recurring transfers out of your account, you can stop these transfers as outlined above in subsection (a).

    3. Person-to-Person Payments ("P2P" or "Pay People")

      Digital Banking offers a service that gives customers with personal debit cards the ability to "pay people" through Payzur P2P, a person-to-person mobile and web-initiated payment system. Payzur is available through our third party service provider, Acculynk, Inc., a major provider of payment and authentication solutions. For purposes of the P2P section of this Agreement, the terms " we," "us" and "our" refer to both the Bank and to Acculynk.

      P2P enables you to send real-time person-to person mobile and web-initiated payments from your checking account with us to various recipients who have accounts with us or with other financial institutions. The service also allows you to receive payments sent by other individuals.

      Unauthorized use of the P2P system is strictly prohibited and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18, U.S. Code §§ 1001 and 1030. We may monitor and audit usage of this system. You are hereby notified that the use of this system constitutes consent to such monitoring and auditing.

      Transfers you make from a savings account through the P2P service may be subject to limits on the number of transfers that you can make within a calendar month or statement cycle, and penalty fees if these limits are exceeded. These transactions limitations are disclosed in our Deposit Account Agreement and are explained in more detail in Section J.1 of this Agreement entitled "Transaction Limitations."

      (a) Definitions. The following definitions are specific to P2P:

      • "ACH Network" (or "Automated Clearing House") refers to a widely used payment system that moves debit and credit entries electronically between originators and receivers. The ACH Network and ACH transfers are primarily governed by the National Automated Clearing House Association ("NACHA"). Consumer ACH transfers are additionally governed by federal Regulation E.
      • "Recipient" means the accountholder to whom the sender transfers funds. You are a recipient when you receive funds to your account from a Sender.
      • "Sender" is the personal debit cardholder who transfers funds to another person (the recipient) through the service. You are a sender when you use the P2P service to send funds to a recipient.
      • "Service provider" refers to Acculynk, Inc., a third party provider of payment and authentication solutions through which we provide the P2P service.
      • "Site" is the service provider's hosted Internet location which must be accessed by the recipient via an email or text message through a mobile device or computer.

      (b) Description of the P2P Service. If you have a First Citizens debit card, you may use Digital Banking's P2P service to send one-time transfers of funds to recipients with accounts at domestic financial institutions. You may originate P2P transfers by use of a computer or mobile device. To give notice to the recipient of a pending transfer you must provide the recipient's email address or mobile phone number. You may transfer funds to any account in the United States as long as the transfer is legal and allowed by both the sending and receiving financial institutions.

      (d) Eligibility. You must have a Bank-issued personal debit card to use this service to send funds to a recipient. Any individual 18 or more years old with an account in the United States who may receive debit card or ACH transactions may receive funds that you transfer as a sender. Other restrictions and eligibility requirements apply as described in other sections of this Agreement or in other First Citizens Bank disclosures. By using the site or the P2P service, you represent that you meet these requirements.

      (e) Transfers.You, as sender, may make one-time transfers by first selecting the debit card number linked to the personal account from which you wish to make the payment. You must also provide the recipient's email address or mobile phone number, which the service uses to notify the recipient of a pending transfer. If the sender and recipient are both Bank customers, transfers will immediately be debited from the sender's account and reflected in the recipient's account upon acceptance. If the sender and recipient are customers of different financial institutions, transfers will be debited immediately from the sender's account and will be delivered to the recipient's financial institution once the transfer is accepted by the recipient. The recipient must accept the transfer within 10 days, or the transfer will be cancelled and reversed. Once the recipient successfully accepts the transfer, the funds will be sent to the recipient's financial institution for deposit to the recipient's account. We are not responsible for any failure of another financial institution to timely credit its customer's account.

      You acknowledge and agree that transfers will be completed using only the email address or mobile phone number for the recipient that you enter even if it identifies a person different from your intended recipient. Any name you select in the drop down menu will help you identify your intended recipient and display your prior transaction history, but it will not be used to process payments. You must accurately enter the recipient's email address or mobile phone number for each transfer. If you make an error in the information you enter, you are still obliged to pay for the transfer and related fees, if any. .

      Payment instructions you send relating to external accounts, and the transmission and issuance of data related to such payment instructions, are subject to the terms of this Agreement, the NACHA Rules and any additional rules of the applicable automated clearing house, as well as the rules of any applicable EFT networks utilized to automate the transfer of funds and governed by federal Regulation E (collectively, the "Rules"). You agree to be bound by such Rules as are in effect and revised from time to time. In accordance with such Rules, any funds credited to an account in a P2P transfer shall be provisional until the third party financial institution that holds the recipient's account has finally settled such credit. .

      It is the responsibility of the sender and recipient of funds to provide accurate information. You agree that as sender you are authorized to withdraw funds from the accounts associated with the debit card number you are providing. You authorize us or our service provider, directly or through third parties, to make any inquires considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, and/or verifying your information against third party databases or through other sources. .

      You authorize us to debit your account to complete any payment instructions you initiate and pay any fees associated with a P2P transfer.

      (f) Sender Acknowledgment. By transferring funds through the P2P service, you authorize us or our service provider to send an email or text message instructing the recipient how to receive the funds that you are sending. You further authorize any recipient of this message to act on the payment instructions to receive the funds you are sending. You acknowledge that any party receiving the email message at the email address you provide, or text message at the mobile phone number you provide, may obtain the funds you are sending, regardless of whether they are your intended recipient. .

      You acknowledge and agree that we are not responsible for determining the identity of the party who receives the email or text message and acts upon the email or text message in connection with your payment instructions. You also acknowledge that the funds may not reach the intended recipient because of errors made by you or the recipient, and you could lose all the funds that are transferred. The funds that are credited to the recipient account cannot be recalled by us. If you suspect that you have entered information incorrectly, call us at FC Direct immediately and we may be able to cancel the transfer. However, we have no obligation to attempt to cancel the transfer or to reimburse funds that were transferred according to your payment instructions. .

      We may reject any payment instructions you initiate. In addition, if there is an error in the payment instructions, the transfer may automatically reject. If that occurs, the funds will be re-deposited back to your account and both you and the recipient will receive an email notification. We may terminate your use of this service for any reason including for attempting to make transfers with insufficient funds in your account.

      (g) Transfer Limitations. You may transfer up to $500.00 per P2P transaction. We may also establish a limit on the number of transfers and/or on the total dollar amount of transfers that you can initiate in one day. We may modify the amount and frequency of transfers at any time for security reasons or due to your account activity. In addition, the receiving financial institution may have limits on the number and type of transfers allowed.

      (h) Fees. Any fees, for using the P2P service will be disclosed in the Digital Banking Fee Schedule. Any fee, if applicable, will be removed from your account when the recipient accepts the transfer. Keep in mind that if you send multiple transfers in a day, each transfer may be subject to a separate fee. .

      When you initiate a P2P transfer, funds are transferred from the account to which your debit card is linked. If this account has insufficient funds to cover a transfer we may reject the transfer, pay it into overdraft (if you have opted in to our basic overdraft service), or, if you have elected our premium overdraft service, we may transfer funds from your linked savings or line of credit account to cover the overdraft. You will be responsible for any resulting NSF, overdraft or transfer fees that apply to your account. .

      Please note that your mobile carrier may charge you a fee for text messaging. Please check your mobile service agreement for details on applicable fees.

      (i) Timing of Transfers. We will debit your account immediately for P2P transfers you initiate. However, the timing of the receipt of funds by the recipient will depend on when the recipient responds to the email and when the recipient's financial institution posts the transfer to the recipient's account, which is dependent on what the receiving financial institution considers a business day.

      (j) Issues Affecting the Posting of Transfers. A number of events may affect the timing or success of a transfer reaching the intended recipient. Such events may include, but are not limited to, errors you or the recipient make in entering information, such as inaccurate account or card number information, delays in posting by the receiving financial institution, acts of God, and ACH or card network interruptions. If we believe a transfer may be illegal, we may decline or reverse the transfer. The receiving financial institution may choose not to post or to delay posting a transfer. We are not responsible for any delays in the transfer of funds or the posting of funds to the recipient's account. .

      Financial institutions have rules and regulations that govern their accounts. Some of these regulations may not allow an incoming electronic transfer of funds. For example, a receiving financial institution may not allow electronic transfers directly into an IRA account. You are responsible for ensuring that P2P transfers are allowed for the account of any recipient you designate. We are not responsible for any action or lack of action taken by the receiving financial institution that delays, inhibits, or prevents the posting of a transfer to the intended Recipient's account.

      (k) Security. If you use this service you acknowledge that you will be providing information to our service provider from your mobile phone, tablet or computer in order to effect a transfer. If the receiving financial institution contacts us for information regarding your account that was used to send a P2P transfer, you authorize us to discuss the transfer and the account information you have provided in connection with the transfer.

    4. Bill Pay

      You may initiate payment instructions through our Bill Pay service, directing us to make one-time, rush and recurring payments from your designated checking account(s) to payees you choose. Bill Pay service transactions are processed for the Bank by its service provider, iPay Solutions™, a major provider of electronic banking transaction processing services. (iPay Solutions is a trademark of Jack Henry & Associates, Inc.)

      If you use PFM software to access Digital Banking, some Bill Pay service features and terms may differ from features and terms available on or applicable to Digital Banking accessed through a mobile device App or firstcitizens.com. In addition to this Agreement, and the other applicable First Citizens agreements, instructions and disclosures, your access to and use of the Bill Pay service are governed by the instructions you receive through the service. Fees for use of the service, if any, are listed in our Digital Banking Fee Schedule.

      (a) Definitions. The following definitions for the terms below are specific to Bill Pay. Terms not defined in this section have the same meaning as these terms are defined in the Definitions section of this Agreement (Section A). References to "we," "us" and "our" in this Bill Pay section refer to both the Bank and iPay Solutions.

      • "Draft check" is a paper check drawn on your account that is created through the Bill Pay service. It contains the checking account number and bank routing number of the pay-from account. Funds represented by a draft check are not withdrawn from your account until the payee cashes the check.
      • "Pay-from account" means your First Citizens checking account that will be debited to fund your Bill Pay payment.
      • "Payment due date" is the date your payment is due to the payee.
      • "Payment date" (also referred to as "deliver by date") is the date you select to have your payment delivered to the payee. In order for your payment to arrive on time, the payment date you select must be at least your payment due date, or sooner.
      • "Process date" is the date automatically designated by the Bill Pay service based on the payment date you select (and additional factors if the payment will be made by draft check). For electronic payments, the process date is the date funds are debited from your account for the payment. For payments by draft check, the process date is the date the check is printed.

      (b) Payment Instructions and Methods — in General. You must provide us with the details of intended transactions when you initiate payment instructions on Bill Pay. The service will prompt you for needed information. You authorize us to follow your payment instructions and to rely on the accuracy of all information you provide. We are not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information that you provide. We reserve the right to select the method in which to remit funds on your behalf to the payee. Payment methods may include payments via draft check or electronic payments.

      (c) Designation of Payees. Generally, you may pay any payee within the United States, including U.S. territories and APOs/AEOs. We may prohibit certain types of payments and payees, such as payments to payees located outside of the United States and payments made at your own risk, such as tax payments and court-ordered payments. You are solely responsible for any claims or damages resulting from your scheduling of these types of payments or from any payments to prohibited payees, whether or not we make the payment, and even if the payment is delayed or improperly processed. We reserve the right to refuse to pay any person or entity to whom you may direct a payment. We are not required to notify you regarding a prohibited payee or any payment prohibited under this Agreement.

      You will need to add each payee to whom you wish to send a payment. You may be required to "activate" a payee sometime before sending your first payment to that payee. To activate a payee, you will be required to input an activation code, which will be sent to you by text message or to your email address, as you select.

      Payees fall within one of three categories in Bill Pay: companies (and other entities), individuals, or banks/credit unions.

      • Companies: When adding a company payee, you must add information from your payee's statement such as payee name, your account number, and payee phone number and zip code. If the payee's address is on file with our service provider you will not need to input the payee's full address; however, if it is not on file you will be prompted to input the address. You may be required to input an activation code when you set up a company payee.
      • Individuals: When you add an individual payee, there are three available options: (i) allow payee to provide his or her banking information (you will need to provide the payee's email address and select a keyword; payee's banking information is passed electronically through the system and you will not have access to it); (ii) provide payee's bank account information (you will need to provide the payee's bank routing number and account information); or (iii) mail payee a check (you will need to provide payee's mailing address). You will need to input an activation code when you set up an individual payee.
      • Banks/Credit Unions: You will be able to make bank or credit union payments to a loan, credit card, or deposit (checking or savings) account. When sending a payment to a bank or credit union account, you will need to input the account number and payee financial institution routing number. You will be required to input an activation code if the payment is to a checking or savings account. You may be required to input an activation code if the payment is to a loan or credit card account.

      When you add a payee, you will be asked to select a default pay-from account for each payee. The Bill Pay service will tell you if payments to a payee will be electronic or via paper check sent by mail. The service provides you with the ability to manage your payees by changing payee account information.

      (d) Payments. You may make single, one-time payments and recurring payments. If you are enrolled in the Bill Pay service as a person, and not as a business, you may also make rush payments. Payments may be made from one or more pay-from accounts that you select. The cut-off time for scheduling a payment on any business day is 4 p.m. Eastern time. If you schedule your payment after the business day cut-off time, or on a non-business day, the payment will be treated as being scheduled the following business day. Any scheduled payment can be changed or cancelled any time prior to the 4 p.m. cut-off time on the scheduled process date. Payments cannot be stopped once processed.

      Provided none of the circumstances limiting our liability are applicable and you entered your payment instructions accurately, if we cause an incorrect amount of funds to be removed from your account, even if our action was unintentional and resulted from a bona fide error on our part, we will be responsible for returning the improperly transferred funds to your account.

      (i) Single Payments. You will need to select the pay-from account, the amount of the payment and the payment date. The service prefills the first available payment date for a payment. If you need your payment to be delivered before this date you will need to make a rush payment.

      • Electronic Payments. If a payment is to be made electronically, once you select a payment date, the system automatically creates a process date. The funds are not debited from your account until the payment date, which is the date the payment is delivered to your payee.
      • Payments via Draft Check. Once you have selected a payment date, the service calculates the process date, which is determined by the payment date you select and the location [zip code] of the payee. The check is printed on the process date and is then mailed. Once the check is mailed, the payment cannot be stopped by you through Bill Pay; however, you may still be able to stop the payment (if the check has not already been presented for negotiation) by contacting FC Direct or Business Support, as applicable. The funds are not debited from your account until the payee cashes the check.
      • Rush Payments. Rush payments, which may only be sent to merchant payees, are sent via draft check. Rush payments are subject to a fee, which is disclosed in the Digital Banking Fee Schedule and will be debited from your pay-from account on the process date. The amount of the fee is dependent upon whether you select a "next business day" rush or a "second business day" rush. In order to send a rush payment, you must authorize the fee by clicking acceptance of the Fee Debit Authorization. Rush payments are not available if you are a business enrolled in the Bill Pay service. The rush payment is debited from your account when the payee cashes the check.

      (ii) Recurring Payments. Recurring payments are paid on a repeating basis for an ongoing or specified period of time. You must select the start date and the frequency (for example, weekly, every two weeks, monthly, annually, the xth day of the month, etc.). You may also select an end date when you want the recurring payments to stop. You will be required to enter the payee's mailing address for all recurring payments in the event the payment must be sent as a draft check. If you have instructed us to make preauthorized recurring payments out of your account, you can stop these payments if you give us sufficient notice (by 4 p.m. on the process date). Payments cannot, however, be stopped once they are processed. If your payments are being made from a consumer account, your right to stop recurring payments is explained in Section K.2(a) of the Agreement entitled "Consumer Right to Stop Payment on Preauthorized Electronic Fund Transfers."

      When payment instructions for recurring payments are processed, and based on the frequency you select for your payments, a new payment date is automatically calculated for the next occurrence of the payment. If a payment date falls on a non-business day, the new occurrence of the payment is adjusted to the first business day before the recurring payment date. If you schedule recurring payments for the 29th, 30th or 31st of the month, and an applicable month does not have that date, the payment will be rescheduled to the last business day of the month.

      (e) Electronic Bill Presentment ("eBill"). Bill Pay enables you to receive electronic payment information for eligible payees. This information includes, but is not limited to, the minimum amount due and the due date for the payee's bill. To set up eBill for a particular payee you must enter payee login credentials on your eligible payee's website and accept online iPay Solution's eBill Service User Agreement. You can do this as part of the set-up for each eligible payee by clicking on the "Set up eBill" button. AutoPay is an optional feature in eBill where we schedule your next payment to a designated biller automatically as soon as the previous payment is delivered. Once you are set up to receive eBills from your eligible payee(s), you can pay each bill as you receive it or set up AutoPay to make recurring payments to your eBill payees. You also have the ability to file your eBills electronically. We are not responsible if a payee does not send you a bill, or sends it late.

      (f) Gift/Donation Pay. If you are enrolled in personal Digital Banking account, you can use Bill Pay to send donations to charities and gifts to individuals for special occasions. Your gift or donation is made via draft check and, like all Bill Pay payments made by draft check, you will need to provide the payee's mailing address to which to send the payment, and the funds are not withdrawn from your pay-from account until the payee cashes the check. Gift Pay offers a feature that allows you to personalize your check for a fee, which fee is disclosed in the Digital Banking Fee Schedule. Donation checks can be personalized to show you are making the donation in honor or memory of someone you designate. In addition, you can send a personalized email in connection with the check that can be sent to up to four email addresses. With gift checks you can select a gift check design and include a personalized message to mark the occasion. Gift/Donation Pay is not available if you are a business enrolled in Bill Pay.

      (g) Designated Pay-From Account(s) and Funds Availability. In your payment instructions for each bill you wish to pay, you must designate a pay-from account from which the funds will be debited to make the payment. Bill Pay will instruct you how to designate an account as the pay-from account for each bill payment. You authorize us to charge the designated account according to your payment instructions.

      You agree that you will have funds available for each payment you make from each pay-from account according to your payment instructions. Please review the Deposit Account Agreement regarding when funds are made available to your deposit accounts. Deposited or transferred funds are not always made available on the day you make the deposit or transfer. If you do not have sufficient funds in the designated pay-from account to cover a transaction, we will decide, without notice to you and in our sole discretion, whether or not to complete the transaction, and we may make additional attempts to debit your pay-from account for the amount. We also will debit associated service fees and charges, such as fees for insufficient funds ("NSF" or "non-sufficient funds") or overdraft items in accordance with our agreements and standard procedures. You are responsible and agree to reimburse us for all service fees and charges assessed against your account(s) in connection with NSF activity, and you remain liable to us for all funds we have advanced plus applicable service fees and charges until we are paid in full. Availability of funds in any of your other accounts will not prevent us from rejecting a payment and/or you from incurring NSF or overdraft fees if you do not have sufficient funds in the pay-from account to cover a payment instruction. In addition, if your history of NSF activity is excessive we may, in our discretion, prohibit you from using Bill Pay.

      We shall have no obligation or liability if we do not complete a transfer or payment because there are insufficient funds in the pay-from account to process your payment instruction or because of incomplete or inaccurate information. You are responsible for either rescheduling the payment through Bill Pay or making alternate arrangements for the payment. If we are unable to complete a payment transaction for reasons other than insufficient funds (such as due to your input of incomplete or inaccurate information), we will attempt to notify you by secure mail.

      (h) Scheduling Your Payments. Regardless of the method used to make each of your payments, always allow adequate time for your payments to reach your payees. At minimum, the payment date you select for your payment must be no later than the date you want the payee to receive the payment. In order to ensure your payment is made on time, if your payment due date falls on a non-business day, you should select a payment date that is at least one business day before the payment due date. Some payees require payments to be received before a certain time of the day (such as 2 p.m.) on the payment due date. In such cases, the payment date you select should be at least one business day before the payment due date. The payment date you enter in your payment instructions should also be prior to any late date or grace period. If your payment instructions do not meet all of these requirements, you alone bear the risk that the payee will not receive your payment on time, and you will be responsible for any and all late fees, penalties, finance charges and other actions taken by the payee.

      (i) Designating Limited Access. If you have a personal Digital Banking account and you use Bill Pay to make payments on your accounts that are held jointly, you may give one or more of your account co-owners limited access to certain payment information by adding this authority in your Bill Pay service under the "My Account" tab.

      (j) Updating Your Information. With respect to business accounts, any user with permission can update Bill Pay contact information (address, phone numbers, cell phone numbers and email addresses). Customers with personal Digital Banking accounts must call FC Direct to update this information.

      (k) Cancellation of Bill Pay; Termination of Services Under Bill Pay; Inactive Status. You may cancel Bill Pay at any time. When you do so, you must specify whether you are cancelling just Bill Pay or the entire Digital Banking service. Any final charge for Bill Pay will be assessed at the end of the month. If you cancel Bill Pay, you authorize us to continue making funds transfers, bill payments, and other transactions you had previously authorized until we have had a reasonable opportunity to act upon your notice to cancel. Once we terminate your Bill Pay service, any already-scheduled payment instructions you have initiated through Bill Pay will also be terminated.

      We may convert your Bill Pay account to inactive status if you enroll in Bill Pay but do not schedule a payment within four months (for personal) or 365 days (for business) of enrollment. For both business and personal accounts, we will also convert your Bill Pay account to inactive status if your fail to make at least one payment within any 365-day period. If your Bill Pay account is considered inactive, you must contact us to have the service activated before you will be able to use Bill Pay to schedule any transactions.

      (l) Limitations. We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur (i) if you do not have sufficient funds in the pay-from account to make the payment on the process date, (ii) for delays in mail delivery, (iii) for changes to the payee's address, account number or bank routing number unless you have advised us of the change sufficiently in advance, (iv) for the failure of any payee to correctly account for or credit the payment in a timely manner, (v) if you have not provided correct payment information, (vi) if you have been advised that the payment processing center is not working properly but you execute a transaction anyway, or (vii) for any other circumstances beyond our control.

      If you have scheduled a payment in accordance with the terms of this Agreement (including all exceptions), but your payment posts after its payment due date because of our delay, we will bear responsibility for no more than $50 in late payment charges you actually incur for that payment. We will not be liable for other losses and damages caused by our failure except to the extent specifically required by law.

    5. Text Banking

      Text Banking enables you to access your account balances and recent transactions by sending simple pre-established text commands from your mobile device to the number MYFCB (69322). You can also use Text Banking to locate First Citizens branches and ATMs. To use this service, you need a mobile device with text messaging capability; however, a smartphone is not required.

      You must enroll your cell phone that you use for Text Banking in Digital Banking prior to usage. If you change this number, you must re-enroll. As part of enrollment, your will be required to provide the mobile phone number you use to send and receive text messages to and from your mobile device (your SMS "text number"). If you change your text number, you are responsible for updating the number on the "Enroll in Text Banking" tab on Digital Banking. By entering your text number, you acknowledge and agree that you are enrolled in Text Banking, that the text number you have provided belongs to you, or you have the owner's permission to use it, and that your enrollment in Text Banking will remain in force unless it is terminated by First Citizens or until you cancel it by texting the command "STOP" to MYFCB (69322).

      If you need assistance using Text Banking, you may text the command "HELP" to MYFCB (69322). Alternately, you may find help by going to first.citizens.com/mobile or by calling FC Direct or Business Support, as applicable. We do not charge you a service fee for using Text Banking; however, your mobile device carrier may charge you fees for data and text message usage. Check with your mobile device carrier for more information on any data and texting messaging fees they may charge you for using Text Banking.

    6. Mobile Deposit

      Mobile banking allows you to deposit checks to your checking, savings, or money market savings accounts from home or other remote locations by capturing photos of checks using camera phone capability and delivering the images and associated deposit information to us. Not all mobile device cameras are compatible with Mobile Deposit. In addition, if you wish to use your mobile device to deposit checks, your mobile device camera must meet certain resolution requirements and you must give First Citizens permission to access your camera. Hardware and software specifications change from time to time and are updated and described in more detail on firstcitizens.com/mobile.

      (a) Fees. We may charge you one of more fees for use of Mobile Deposit, and you are responsible for paying such fees. We may change the fees for use of the Mobile Deposit at any time. Any fee that is charged or changed will be disclosed in our Digital Banking Fee Schedule.

      (b) Eligible Deposit Items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Board Regulation CC ("Reg. CC"), and only those checks that are permissible under this Agreement or such other items that we, in our sole discretion, elect to include in the Mobile Deposit service. You agree that the image of the check transmitted to us shall be deemed an "item" within the meaning of Articles 3 and 4 of the applicable Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items, which shall be considered ineligible items:

      • Checks payable to any person or entity other than the person or entity that owns the account into which the check is being deposited.
      • Checks containing an alteration on the front of the check or item, or checks you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
      • Checks payable jointly, unless deposited into an account in the name of all payees.
      • Checks previously converted to a "substitute check," as that term is defined in Reg. CC.
      • Checks drawn on a financial institution located outside the United States.
      • Checks that are "remotely created checks," as that term is defined in Reg. CC; i.e., a check not created by the paying bank and which does not bear the signature of the person on whose account the check is drawn. Remotely created checks are often created by the payee or its service provider on behalf of the maker.
      • Checks not payable in United States currency.
      • Checks dated more than six months prior to the date of deposit.
      • Checks or items prohibited by our current procedures relating to the Mobile Deposit service or which are otherwise not acceptable under the terms of your account.
      • Checks payable on sight ("sight drafts") or payable-through-drafts, as these terms are defined in Reg CC. (A sight draft is payable upon the meeting of specified terms; a payable-through draft is issued against the payor, and the payor has a period of time to honor or refuse payment.)
      • Checks with any restrictive endorsement on the back.
      • Checks that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at First Citizens Bank or any other financial institution.
      • Checks or items that are drawn on or otherwise issued by the U.S. Treasury Department.
      • Checks or items on which a stop payment has been issued or for which the account on which the check is issued has insufficient funds.
      • Checks drawn on a home equity line of credit, credit card advances, or other convenience checks.
      • Traveler's checks, money orders, or savings bonds.

      (c) Endorsements and Procedures. You agree to restrictively endorse any item transmitted through Mobile Deposit with the signature of all payees and by designating the item as "For deposit only" or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as we may establish from time to time.

      (d) Receipt of Items. We reserve the right to reject any item transmitted through Mobile Deposit, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account, at any time, any item that we subsequently determine was not an eligible item. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

      (e) Availability of Funds. You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Reg CC or to our Funds Availability Policy. In general, if an image of an item you transmit through Mobile Deposit is received and accepted before 9 p.m. Eastern time on a business day, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day. Funds deposited using Mobile Deposit will generally be made available within three business days from the day of deposit. However, availability of funds deposited using Mobile Deposit may be delayed for a longer period under certain circumstances.

      (f) Disposal of Transmitted Items. Upon your receipt of a confirmation from us that we received an image you transmitted, you agree to retain and safeguard the check for at least 30 calendar days from the date of the image transmission. After 30 calendar days, if you have verified that the funds have been credited to your account, you agree to either destroy the check that you transmitted as an image, mark it "VOID," or otherwise render it incapable of further transmission, deposit, or presentment. During the time you retain possession of the check, you agree to promptly provide it to us upon request.

      (g) Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits you may make through Mobile Deposit, and may change these limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current limits are posted on firstcitizens.com/mobile and may vary by client or product or be based on other considerations as determined by us. There is no daily or monthly statement cycle limit on the number of items allowed to be deposited, as long as the respective dollar limits are not exceeded.

      (h) Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion and subject to the Deposit Account Agreement, which governs your account.

      (i) Errors. You agree to notify us immediately of any suspected errors regarding items deposited through Mobile Deposit, and in no event later than 30 calendar days after your applicable account statement is made available to you. Unless you notify us within 30 calendar days, all deposits reported on the statement and made through Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.

      (j) Errors in Transmission. By using Mobile Deposit you accept the risk that an item may be intercepted or misdirected during transmission. We bear no liability to you or others for any intercepted or misdirected items or information disclosed through such errors.

      (k) Image Quality. The image of an item transmitted to us using Mobile Deposit must be legible, as determined in our sole discretion. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by us, the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

      (l) User Warranties and Indemnification. You warrant to us the following, and you agree to indemnify and hold us harmless from any loss for breach of any of these warranty provisions.

      • You will only transmit eligible items.
      • You will not transmit duplicate items.
      • You will not re-deposit or re-present an original item.
      • You will not store or make a back-up copy of any item you submit electronically.
      • All information you provide to us is accurate and true.
      • You will comply with this Agreement and all applicable rules, laws and regulations.
      • You are not aware of any factor which may impair the collectability of any item.

      (m) Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost to us, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.

    7. ACH Origination Service and Wire Transfer Service (for certain business customers)

      We offer to certain business Digital Banking customers an ACH Origination service and a Wire Transfer service. If you have a business Digital Banking account, you may have access to, and select, one of these services or both of these services. Businesses must enroll in the ACH Origination or Wire Transfer service in-person through one of our branch offices. Regardless of whether you enroll in one or both of these services, you will be required to acknowledge online your acceptance of our separate agreements for both of these services.

    8. Account Aggregation and Money Management Service

      We offer a digital money management service through our service provider, MX Technologies, Inc. This service will allow you to organize, consolidate, manage and track your financial information from various financial institutions all in one place.

      As part of enrollment in this service, you will need to accept online our service provider's terms and conditions. These terms and conditions may be updated from time to time, and your continued use of the service indicates your agreement to any modification with respect to these terms and conditions.

    9. Card Management

      The Card Management service allows you to perform a number of administrative functions in connection with your ATM cards, debit cards, and credit cards. The functions you are able to perform through the "Manage Cards" tab on Digital Banking vary depending on the type of card and whether it is a business or personal card. The following are examples of some of the various functions that may be available on a particular card: activating a card, replacing a card, reporting a lost or stolen card, freezing or unfreezing a card, and changing a PIN. There may be fees for performing certain functions in connection with your cards. These fees are published in the applicable Disclosure of Products and Fees (for ATM and debit cards) or your credit card cardholder agreement (for credit cards).

      With respect to credit cards, and depending on whether the card is associated with a business or personal account, you may also be able to report your travel plans, add authorized users to the account, request balance transfers to/from the account, and request convenience checks.

    10. Electronic Statements

      Digital Banking customers may elect to receive some or all of their account statements electronically ("e.statements"). For certain deposit account products, election of e.statements is optional; however, you may be charged a paper statement fee if you do not elect e.statements. Other deposit account products do not offer paper statements, and unless you enroll in e.statements for these accounts your account will eventually be closed or converted to a different product type. Consult our applicable Disclosure of Products and Fees regarding account requirements and paper statements fees, if applicable. When you elect e.statements or convert any account on which you currently receive paper statements to e.statements, you will be required to submit your acceptance online of our Consent to Electronic Statements and Disclosures.

      If you elect e.statements, you will receive an email notifying you when each of your current account statements is available for viewing. The email will be sent to your current email address on record with us, so please advise us of when your email address changes. Once we make your statements available, you may download and view them on Digital Banking, save them on your computer, or print them if you have a printer with the necessary printing software. You may be required to have additional software on your computer, such as Adobe®, in order to view the statements. When you elect e.statements for an account, we will no longer send you paper statements.

    11. Secure Mail Via the Message Center

      You may communicate with us, and we may communicate with you electronically via secured email ("secure mail") through our Message Center tab in Digital Banking. If you send us a secure mail message, we will be deemed to have received it on or by the following Business Day. You agree that we will have a reasonable time to act on your email. Therefore, do not use secure mail if you need to communicate with us immediately; for example, to report an unauthorized transaction from one of your accounts or to stop a pre-authorized payment. Secure mail messages sent to the Bank are the property of the Bank, and we reserve the right to delete such messages from the system from time to time. You agree that we may send you secure mail messages through the Digital Banking Message Center about products or services we offer.

    12. Alerts

      (a) Online Security Alerts. Online Security Alerts are sent to you when online changes are made to your information, including but not limited to changes to your email address, your mailing or physical address, or one or more of your security credentials. We will send Online Security Alerts to you electronically in accordance with your selected "delivery methods; " i.e., an email address and/or a mobile phone SMS text number to which your Alerts will be delivered, and to your Digital Banking Message Center, which you will see when you log in to your Digital Banking account. Some Online Security Alerts are automatic and you do not need to select them.

      (b) Account Alerts. Account Alerts are sent to you only if you complete our Account Alerts enrollment process. You must enroll online for Account Alerts, and you will be prompted to select the accounts and types of transactions for which you will receive the Alerts. Examples of the types of transactions you may select for Account Alerts include: drops in account balance below your specified thresholds, debits and/or credits above or below your specified amounts, insufficient funds in an account to cover a check or electronic debit presented for payment, payments of checks or electronic debits that overdraft your accounts, and daily balance summaries.

      When you enroll in Account Alerts you will be asked to designate a delivery method to which the Account Alerts will be delivered. In addition to your designated delivery methods, your Account Alerts will also be delivered to your Digital Banking Message Center. Your enrollment for Account Alerts constitutes your consent to our delivery of Account Alerts via the delivery method(s) you select. You may make additions, deletions, and modifications to your Account Alerts selections at any time, and you acknowledge that you are responsible for providing us with timely notice of changes to any of your delivery methods. To modify or discontinue your Account Alerts, log in to your Digital Banking and change your selections in the "Account Alerts" tab. You acknowledge and agree that we must be given a reasonable period of time (up to two business days) to process your request to change any of your designated delivery methods.

      (c) General Information About Alerts. Alerts are available only for your deposit accounts that may be accessed through Digital Banking. We will not include your full account number in an Alert; however, Alerts may contain our name and certain other information about your accounts, such as information pertaining to your account balances, debits or credits to your account, or insufficient funds, depending upon the type of Alert. Anyone with access to your email may be able to access the contents of the Alerts. It is your responsibility to secure and protect your computer or mobile device, your security credentials, and your email from unauthorized access, and to provide us with timely and accurate information about your designated delivery methods in order to protect the confidentiality of your information.

      Account balances provided in Alerts will not reflect pending transactions, and deposits mentioned in an Alert may not be available for immediate withdrawal. If you require additional details about a transaction contained in an Alert, you may log in to Digital Banking to view transaction information or send us a secure email through your Digital Banking Message Center. You may also contact us at FC Direct or Business Support, as applicable.

      We do not guarantee the delivery or accuracy of the contents of Alerts. We shall not be liable for any (i) delay, failure to deliver, or misdirected delivery of an Alert, (ii) errors in the content of an Alert, or (iii) actions taken or not taken by you or any third party in reliance on an Alert. We may change, suspend or terminate the Alerts service at any time without prior notice.

  10. MISCELLANEOUS

    1. Transaction Limitations

      For security reasons, we may impose additional limits on the frequency, number, and dollar amounts of the various transactions you can perform using Digital Banking. In addition, as noted herein, we reserve the right to refuse to pay any person or entity to whom you may direct a payment through Digital Banking. Concerning withdrawals and transfers from savings and money market accounts, federal regulations limit third party or pre-authorized transfers and withdrawals to six per statement cycle. Please refer to the section in the Deposit Account Agreement entitled "Limits on Withdrawals" for additional information on these restrictions.

    2. Accuracy of Information

      Account information you obtain through Digital Banking may not always be accurate or current. In addition, the balance in your accounts may change at any time as we process items and fees against your accounts; therefore, the information provided to you through Digital Banking may become quickly outdated. You agree that neither we nor our service providers will be liable for any errors or delays in providing or updating account information available in Digital Banking, or for any actions you take in reliance on any such information as provided.

      You are responsible for the accuracy of your data entry and use of Digital Banking when accessing accounts and conducting transactions. We are not liable for errors caused by your misuse or error. This includes any error caused by "pre-filling" or automated entry done on your behalf by the device, system or application software.

    3. Overdrafts

      If a transaction you initiate using Digital Banking overdraws your account, and the overdraft is not covered by our premium overdraft service relating to the overdrawn account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges. You also agree that we may charge the overdraft and related service charges against your other accounts with us to the extent permitted by law or by the Deposit Account Agreement. Please refer to the section in the Deposit Account Agreement entitled "Insufficient Funds / Overdrafts ("NSF Items")" for additional information on overdrafts and NSF items.

    4. Our Liability for Failure to Make Transfers

      We will use our best efforts to comply with your instructions regarding transfers and payments. However, we will incur no liability (and no obligation as to late charges) if we are unable to complete any of your transfer or payment instructions due to the existence of certain circumstances. If you have personal accounts connected to your Digital Banking account, please refer to the Regulation E Disclosures in your Deposit Account Agreement, and in particular the section entitled "Our Liability for Failure to Make Transfers, " for important information about limitations on our liability.

    5. Liability for Loss of Data or Erroneous Data

      Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system or mobile device, including but not limited to damage or loss resulting from date-related problems.

    6. Fees and Charges

      (a) Our Fees. When you make transfers or payments from a designated account, we will generally charge the debit and any related fees against that account. You agree, however, that we may charge such debits and fees, and all other fees and charges relating to Digital Banking, against your primary account. All fees will be charged in accordance with the terms of the applicable Disclosure of Products and Fees or the Digital Banking Fee Schedule. We reserve the right to change any fees and charges at any time, and we will provide you with any notice required by law of any changes to our fees and charges. If neither your designated account from which you initiate a transfer or payment nor your primary account has a sufficient balance to pay all applicable fees and charges due, we may exercise our right of setoff against any of your other accounts as provided by law or the Deposit Account Agreement. Any applicable fees will be charged regardless of whether you use a service during the billing cycle.

      (b) Third Party Fees. You understand that other agreements you may have with unaffiliated third party service providers may include fees, limitations, and restrictions that might impact your use of Digital Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Digital Banking, receiving or sending text messages, or other use of your mobile device to access Digital Banking), and you agree to be solely responsible for all such fees, limitations and restrictions.

    7. Cancellation or Termination of Digital Banking and/or Digital Banking Services

      You may cancel your Digital Banking account, or any of its individual services, by giving us at least 10 days prior written notice by telephone or in writing. You may do so in-person at one of our branch offices, by calling or emailing us via the Digital Banking Message Center, or by calling or writing to us using the contact information provided in the Bank Contacts section at the end of this Agreement. You will not be entitled to a refund of any prepaid fees or charges. You must tell us your name, address and the effective date of your cancellation. If you are a business and you wish to cancel only your ACH Origination or Wire Transfer service, you must contact Business Support.

      We can refuse Digital Banking services to anyone, change the terms of this Agreement, and/or modify Digital Banking or its services and features at any time and without notice to you. Except as otherwise required by law, we may also, in our sole discretion, terminate or suspend all or part of your Digital Banking account or services at any time without prior notice, with or without cause, and without liability to you.

      If you withdraw your consent to receive electronic disclosures and communications regarding Digital Banking, this Agreement will automatically terminate at the effective time of your withdrawal of consent. If more than one person can access an account through Digital Banking, we reserve the absolute right to terminate all Digital Banking access to the account upon the request of the account owner, any account co-owner, or any other individual authorized to access the account. In addition, our service providers through which we offer various Digital Banking services may terminate your access to Digital Banking and/or any of its services without prior notice to you, with or without cause.

      Neither your cancellation nor our termination or discontinuation of your Digital Banking account or its services shall affect your liability or obligations that have accrued prior to the date of termination under any of the provisions of this Agreement which, by their nature or by express provision, are intended to survive termination. You will remain liable for payments, transfers and other transactions in process and for the payment of any accrued fees and charges.

    8. Notices

      Any notice we give you concerning Digital Banking and/or your accounts is effective (i) when we send you a secure message in the Digital Banking Message Center or an email to your email address of record, (ii) when you access or use Digital Banking after the effective date of a notice that is posted on our web site on or near the login page, or (iii) when we mail or deliver the notice to you at the mailing address we have for you in our account records.

      We will send you notices in accordance with Regulation E and/or the Electronic Fund Transfers Act, which both govern consumer accounts. Any notice we send you will be deemed to have been received by you at the earlier of (i) your confirmation of receipt, or (ii) within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all.

      You agree that we may send you by means of an electronic message any information we are required by law or regulation to provide you. We do not provide paper copies unless required to do so by law or regulation. A notice that alerts you to availability of a disclosure on an Internet web site and provides you with the web site address of the disclosure, in lieu of sending you the entire disclosure, will be sufficient notice, absent a legal restriction. BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT WE MAY SEND YOU ELECTRONIC MESSAGES ABOUT PRODUCTS OR SERVICES WE OFFER (INCLUDING ADVERTISEMENTS), although you may opt-out from email advertising by following the instructions in any email advertisement you receive or by either (i) selecting the "Opt Out" link at the bottom of the email, or (ii) contacting FC Direct or Business Support, as applicable.

    9. Change of Information

      You agree to notify us promptly of any change in your personal information (or business information, if your account is a business account) including your mailing address, physical address, email address, telephone number, and mobile device text number, as this information is relevant to your Digital Banking account. Please notify us by calling FC Direct or Business Support, as applicable. If you cannot reach us by telephone, you may write to us using the contact information provided in the Bank Contacts section at the end of this Agreement. You also may change your email address by updating it in the "Profile and Preferences" tab in Digital Banking.

    10. Joint and Several Liability

      If any one or more of your deposit accounts has co-owners, each co-owner will be jointly and severally liable for any obligation which arises from the use of Digital Banking to access the account(s). This joint and several liability shall extend as well to any line of credit accessed through any such account.

    11. Monitoring

      Except to the extent prohibited by law, we reserve the right to review and/or monitor transactions and instructions submitted via Digital Banking for security, legal, compliance, fraud, and related purposes.

    12. Service Providers - Third Party Beneficiaries

      You agree that our service providers may rely upon your agreements, representations and warranties in this Agreement, and such service providers are third party beneficiaries of such agreements, representations and warranties with the power to enforce those provisions against you, as applicable and as the circumstances or context may require.

    13. Interruption of Service

      We make no representation or warranties that any of the Digital Banking services and features will be uninterrupted or error free. We may on a regular basis perform maintenance on our equipment or system which may result in errors or interrupted service on Digital Banking. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of any interruptions and maintenance-related changes but cannot guarantee that such notice will be provided.

      We shall not be liable for any failure of ours or of our service providers to perform our obligations under this Agreement due to the occurrence of an event beyond our control (including without limitation fire, flood, power outage, acts of God, government or civil authority, civil or labor disturbance, war, or riots). Our sole obligation to you arising out of (i) the non-availability of Digital Banking, or (ii) an interruption or delay in providing Digital Banking or any of its services shall be to use commercially reasonable efforts to resume such services.

    14. Warranties

      WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING DIGITAL BANKING, ANY OF THE SERVICES OR FEATURES ACCESSED THROUGH DIGITAL BANKING, PFM SOFTWARE, WEB BROWSERS, APPS ACCESSED THROUGH THE INTERNET, OR ANY INTERNET SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW. ALL IMPLIED WARRANTIES ARE DISCLAIMED.

      IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF DIGITAL BANKING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF DIGITAL BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.

      YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF DIGITAL BANKING AND THE DIGITAL BANKING SERVICES IS AT YOUR SOLE RISK. DIGITAL BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF DIGITAL BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE OR OUR SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE.

    15. Limitation of Liability

      THE FOREGOING SHALL CONSTITUTE OUR, AND OUR SERVICE PROVIDERS,' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN CONNECTION WITH YOUR USE OF DIGITAL BANKING. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, IN NO EVENT SHALL THE BANK, ITS HOLDING COMPANY, AFFILIATES, SUBSIDIARIES OR SERVICE PROVIDERS, OR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT, THE DIGITAL BANKING SERVICE, AND/OR ANY OTHER SERVICE YOU MAY ACCESS OR OBTAIN THROUGH DIGITAL BANKING, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.

      YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF DIGITAL BANKING AND/OR ANY OF ITS SERVICES AND FEATURES (INCLUDING ANY SOFTWARE OR MATERIALS SUPPLIED IN CONNECTION WITH DIGITAL BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE SERVICE.

    16. Indemnification

      YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND/OR COSTS OF EVERY KIND (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF DIGITAL BANKING, OR THE USE OF DIGITAL BANKING BY ANY OF YOUR CO-ACCOUNTHOLDERS, REPRESENTATIVES, USERS OR ANY OTHER INDIVIDUAL WHOM YOU HAVE PERMITTED TO USE YOUR DIGITAL BANKING ACCOUNT, OUR RELIANCE ON YOUR PAYMENT OR TRANSFER INSTRUCTIONS, YOUR BREACH OF THIS AGREEMENT, THE PERFORMANCE OR NON-PERFORMANCE OF OTHER FINANCIAL INSTITUTIONS, YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT.

    17. Assignment

      You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.

    18. Entire Agreement

      This Agreement and any referenced Banking Agreements (including any exhibits) is the entire agreement between you and us with respect to Digital Banking and all of its services and features. It supersedes any marketing or other similar material pertaining to such services whether delivered to you in writing, verbally or obtained on our Internet web site or the site of an Internet service.

    19. Severability

      If any provisions of this Agreement are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.

    20. No Waiver

      We will not be deemed to have waived any of our rights or remedies under this Agreement unless we send the waiver to you by electronic message or we otherwise mail or deliver to you a written waiver signed by us. No delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

    21. Governing Law

      This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and applicable federal law.

  11. TERMS SPECIFIC TO CONSUMER ACCOUNTS

    1. Consumer Protections Under the Electronic Funds Transfer Act (Regulation E)

      The consumer protection provisions of the federal Electronic Fund Transfer Act and the Bureau of Consumer Financial Protection's ("CFPB") Regulation E apply only to electronic fund transfers involving consumer checking and savings accounts established primarily for personal, family or household purposes. If your account is owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then any electronic fund transfer initiated or processed through Digital Banking will be considered an "authorized use," and your liability for any Digital Banking transaction relating to that account will be unlimited, notwithstanding the provisions of the federal Electronic Fund Transfer Act, Regulation E, or any standardized literature or disclosures we may send you. You will be fully responsible for the security of your security credentials and any cards issued in connection with such account, whether the transaction or the use of the security credentials or cards is authorized or unauthorized.

    2. Preauthorized Electronic Fund Transfers

      (a) Consumer Right to Stop or Change Preauthorized Electronic Fund Transfers and Payments.

      If you have told us in advance to make preauthorized recurring payments or transfers out of your account, you can stop or change these payments or transfers by following the procedures outlined below:

      (i)Changing or Cancelling Payment Instructions Initiated Through Bill Pay. You may change or cancel payment instructions initiated on Bill Pay by following the directions within the Bill Pay service. However, once Bill Pay has started processing a payment, the payment cannot be changed or canceled, and you must submit a stop payment request in the manner provided in the Bill Pay service or in the Deposit Account Agreement.

      (ii)Changing or Cancelling Transfers. You may change or cancel any instructions you have given us to transfer funds from one of your accounts to another using one of our Digital Banking transfer services if you enter and transmit your change or cancellation instructions (and we receive your revised instructions) through Digital Banking at any time prior to the time we actually begin executing your transfer instructions. Alternatively, you may change or cancel funds transfer instructions if you call or write us in time for us to receive your change or cancellation instructions at least three business days before the scheduled date of the transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after your call. Standard service charges apply for each change/stop payment order requested. To call or write us, use the information provided in the Bank Contacts section at the end of this Agreement.

      (b) Right to Receive Notice of Varying Amounts. If you have provided preauthorization to another party to debit funds from your account on a recurring basis, and the transfers vary in amount, the party you are going to pay should tell you, at least 10 days before each transfer, when the transfer 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.

      (c) Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized transfer at least three business day before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages caused by our failure except as otherwise limited in this Agreement.

    3. Liability for Unauthorized Transfers

      (a) Your Liability. Tell us AT ONCE if you believe any of your security credentials or ATM or debit cards (" Cards ") have been lost or stolen or that someone, without your permission, has transferred or may transfer money from your account, including a transfer made using the 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 the maximum amount of any line of credit (such as a Checkline Reserve or EquityLine) or savings account linked to your account for overdraft protection transfer purposes.

      If you believe one or more of your security credentials or Cards has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 for unauthorized transactions using your Card. If you do NOT tell us within two business days after you learn of the loss or theft of your security credentials or Card, and we can prove we could have stopped someone from using your security credentials or Card without your permission if you had told us, you could lose as much as $500 for the unauthorized transactions. Losses could include not only the money in your account, but also advances on any credit line associated with your account.

      We will send you a monthly account statement for your checking and savings accounts unless there are no transfers in a particular month. In any case, we will send you a statement for your checking and savings accounts at least quarterly. The statement will show all transfers and payments you initiate through Digital Banking. If your statement shows transfers that you did not make, including those made by use of your security credentials or Cards, tell us at once. If you do not tell us within 60 days after the statement documenting the transfer was made available 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 may extend the time periods.

      If you believe any of your security credentials or Cards have been stolen, or if you believe a transfer has been made using information from your check without your permission, CALL US IMMEDIATELY at FC DIRECT using our toll-free number. If you cannot reach us by telephone, you may write to us using the contact information provided in the Bank Contacts section at the end of this Agreement. Please refer to the Regulation E Disclosures in your Deposit Account Agreement, and in particular the section entitled " Your Liability for Unauthorized Transfers, " for important information about your rights and obligations in the event of unauthorized transfers from your consumer account.

      (b) Errors and Questions. If you think your statement or any account or transaction information reflected on Digital Banking is wrong or if you need more information about a listed transfer CALL US IMMEDIATELY at FC Direct. If you cannot reach us by telephone, you may write to us using the contact information provided in the Bank Contacts section at the end of this Agreement. Alternatively, you may visit your local branch.

      We must hear from you no later than 60 days after we make available to you the FIRST statement on which the problem or error appeared. When you notify us: (i) tell us your name and account number, (ii) describe the error or the transfer you are unsure about (including the date it occurred), and explain as clearly as you can why you believe it is an error or why you need more information, and (iii) tell us the dollar amount of the suspected error. If you tell us in person or by telephone, we may require that you follow up your oral notice or questions in writing. If we require written notice, we must receive this writing within 10 business days of your oral notice. Please refer to the Regulation E Disclosures in your Deposit Account Agreement in the section entitled " Error Resolution " for important information about your rights and our obligations with respect to resolving errors or questions about your electronic fund transfers.

  12. BANK CONTACTS

    Mailing Address (for both business and consumer accounts):

    First Citizens Bank
    Customer Care Center DAC 54
    P.O. Box 27131
    Raleigh, NC 27611-7131

    Telephone/Email:
    Consumer/Personal Accounts
    FC Direct
    1.888.FC DIRECT (1.888.323.4732)
    Automated system available 24 hours a day, 7 days a week
    Customer service reps available every day, 7 a.m. to 11 p.m. Eastern time
    fcdirect@firstcitizens.com

    Business Accounts
    Business Support
    1.866.FCB 4BIZ (1.866.322.4249)
    Automated system available 24 hours a day, 7 days a week
    Customer service reps available 7 a.m. to 11 p.m. Eastern time, Monday through Saturday

    Website:
    firstcitizens.com

    Do not send confidential information such as your social security number or account number via email.

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