Account Agreement

1) Scope of Agreement

2) Definitions

3) Electronic Signature and Consent

4) Terms and Conditions of Online Banking

A. Requirements

B. Online Banking Services – General

C. Secure Message Service

D. Authorized Representatives of a Business (Non-Consumer Accounts)

E. Resolution of Questions and Errors about Electronic Funds Transfers; Liability for Unauthorized Use (Non-Consumer Accounts)

5) Terms and Conditions of Mobile Banking

A. Mobile Banking Services – General

B. Responsibilities and Security of the Mobile Device

6) Terms and Conditions – General Provisions

A. Relationship to Other Agreements and Fees

B. New Services

C. Consent to Electronic Communications and Disclosures; FAQs

D. Your Online or Mobile Password

E. Protecting Your Account

F. Waiver of Requirement for Two or More Signatures

G. Limitations on Our Liability for Certain Transfer Delays or Errors

H. Limitations on Our Liability for Loss of Use of Funds

I. General Limitation on Liability; Third Parties

J. Overdrafts; Order of Payments and Charges

K. Availability of the Online Banking Service; Cut-off Time

L. Limitations of Funds Transfers

M. Fees

N. Disclosure of Account Information – Privacy Policy

O. Resolution of Questions and Errors about Electronic Funds Transfers (Consumer Accounts)

P. Liability for Unauthorized Use (Consumer Accounts)

Q. Preauthorized Transfers

R. Exclusion of Warranties

S. Termination

T. Amendments

U. Notices

V. Assignment

W. Governing Law; Venue

X. Severability

Y. Entire Agreement

7) Terms and Conditions of the Bill Payment Service

8) Terms and Conditions for Funds Transfer and People Pay

9) Terms and Conditions for Mobile Check Deposit

10) Terms and Conditions for e-Statement Service

This Online & Mobile Banking Access Agreement (“Agreement”) is a contract that governs your ability to receive certain online and mobile banking services provided by Customers Bank (individually, “Online Banking” or “Mobile Banking” and collectively, “Online and Mobile Banking”). By using Online and Mobile Banking, you agree to, and acknowledge that you have read and understand, the terms and conditions of this Agreement.

To obtain access to our Online and Mobile Banking services, you must first indicate your affirmative consent to all the terms of this Agreement. You may indicate your consent electronically by following the on-screen instructions for accepting this Agreement. We recommend that you download or print this Agreement and keep a copy for your future reference.

1) SCOPE OF AGREEMENT

This Agreement governs your use of Online and Mobile Banking. The terms and conditions in this Agreement are in addition to any other Bank Account Agreements, rules, disclosures, procedures, standards, policies, or signature cards relating to your deposits, loans or other business relationships with the Bank (collectively, the “Account Disclosures”). Except as specifically provided in this Agreement, all of the terms, conditions, agreements, disclosures, and fees set forth in the Account Disclosures, as the Bank provides and amends them from time to time, shall remain in full force and effect. If this Agreement conflicts with another agreement or Account Disclosure we have with you, then this Agreement will control and take precedence only to the extent necessary to resolve the conflict or inconsistency. Additionally, your access to and use of Online and Mobile Banking will be subject to all of the terms or instructions that may appear on a screen when you activate, access or use Online and Mobile Banking, the rules and regulations of any funds transfer system used in connection with Online and Mobile Banking services, and applicable state and federal laws and regulations, all as amended from time to time.

This Agreement, as it may be amended from time to time, is available on our website where you sign into Online Banking, at www.customersbank.com. Each time you access your accounts through Online and Mobile Banking, you acknowledge receiving a copy of this Agreement in a form you can keep, you acknowledge your receipt and understanding of these disclosures, terms and conditions and you agree to be legally bound by this Agreement. You also agree as follows: (a) you have read all of the terms, conditions and disclosures in this Agreement; (b) you agree to receive periodic statements and/or transaction information, and other communications, disclosures and records relating to our products and services, by electronic means; and (c) you are able to access e-mails and website information and you have an Internet service provider or Mobile/Cellular Phone service provider, as applicable to Online and Mobile Banking.

2) DEFINITIONS

As used in this Agreement, the following terms have the meanings given below:

“Bank Account Agreement” means the terms and conditions governing your consumer or business deposit account(s) at the Bank, as applicable, as amended from time to time.

“Business Day” means Monday through Friday, but excludes Saturdays, Sundays, Federal holidays and days on which the Bank is closed.

“Customers Bank Mobile” means the name for the Customers Bank Mobile Banking application.

“Consumer Account” means a deposit account or a loan account owned by one or more individuals and used for personal, family or household purposes.

“Financial Tools” A tool within online banking that allows consumers to view accounts at multiple financial institutions within their online banking profile.

“Mobile Device” means a device specifically designed to be compatible with the Customers Bank Mobile application, which currently includes the iPhone®, iPad® and Android™ devices.

“Non-Consumer Account” means a deposit account or a loan account that is not a Consumer Account, including business and other non-personal accounts.

“We,” “us,” “our,” and “Bank” mean Customers Bank.

“You” and “your” mean the account holder authorized by the Bank to use Online and Mobile Banking and anyone else who uses Online and Mobile Banking with the permission of the account holder.

Other terms defined in this Agreement shall have the meanings assigned to them by the applicable provisions of this Agreement.

3) Electronic Signature & Consent

This E-Sign Disclosure and Consent (“Disclosure”), applies to all Communications for those products and services offered through the Customers Bank website that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.

The words “we“, “us“, and “our” refer to Customers Bank with whom you may have an Account. As used in this Disclosure, “Account” means the account you have with us. “Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.

1. Scope of Communications to Be Provided in Electronic Form: When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:

• All legal and regulatory disclosures and communications associated with the product or service available through the Customers Bank website for your Account.
• Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims.
• Privacy policies and notices.

2. Method of Providing Communications to You in Electronic Form: All Communications that we provide to you in electronic form will be provided either (1) via email, (2) by access to a website that we will designate in an email notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose.

3. How to Withdraw Consent: You may withdraw your consent to receive Communications in electronic form by contacting us at 855-398-8159. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of the Customers Bank website and Account will be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

4. How to Update Your Records: It is your responsibility to provide us with true, accurate and complete email address, contact and other information related to this Disclosure and your Accounts and to maintain and update promptly any changes in this information. You can update information (such as your email address) through the Customers Bank website.

5. Hardware and Software Requirements: For your security and convenience, we have optimized our products to be compatible with the latest devices and operating systems. The following are the minimum system requirements for you to access, view, and retain Communications that we make available to you. To utilize the services, you must have:

• a valid email address
• internet access (cable modem, DSL, a data plan by your wireless carrier, etc.)
• a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader)
• a printer and/or storage device if you wish to print or retain any electronic documents

To access Communications on a traditional computer, you must have:

• a Windows PC or Macintosh (at least 1-GHz processor and 1 GB of RAM)
• an updated browser that is currently supported by the browser software vendor (must support 128-bit encryption and TLS 1.2 or higher)
  • Recommended browsers include: Google Chrome, Microsoft Edge, Mozilla Firefox, Safari<
• Microsoft Windows 7 or higher or Mac iOS 10 or higher
• 800×600 or higher video resolution (recommended)

To access Communications on a mobile device, you must have:

• a mobile device supporting Android 5 or later, or Apple iOS 12 or later
• an updated browser that is currently supported by the browser software vendor (must support 128-bit encryption and TLS 1.2 or higher)
  • Recommended browsers include: Google Chrome, Mobile Safari

6. Requesting Paper Copies: We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a free paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a free paper copy, contact us by logging into the Customers Bank website. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

7. Communications in Writing: All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.

8. Federal Law: You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

9. Termination/Changes: We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

10. Consent: By selecting “I Agree” you hereby give your affirmative consent for us to provide electronic Communications to you as described herein. You further agree that your computer or mobile access device satisfies the hardware and software requirements specified above and that you have provided us with a current email address at which we may send electronic Communications to you.

4) TERMS AND CONDITIONS OF ONLINE BANKING

A. Requirements

To access your accounts through Online Banking, you must have an active, eligible Customers Bank account, and you must enter your Login ID and online password for Online Banking. You may contact us to find out which accounts are eligible.

Before you access Online Banking you must have the following equipment and software installed on your computer:

1. Current secure browser, such as the latest version of Firefox, Chrome, Safari, or other browser program that supports Secure Sockets Layer Protocol;

2. Patched operating systems;

3. Current and up-to-date anti-virus program; and

4. An activated operating system software firewall.

In addition to the requirements listed above, if you are using a wireless home network to connect to Online Banking, for your protection and security you must also have:

1. A wireless router that does not broadcast the home network’s SSID (SSID stands for service set identifier and is the public name for a wireless network);

2. WPA (Wi-Fi Protected Access), which is the encryption for the wireless network and secures your home network; and

3. Strong password authentication for the network.

You must also comply with any other security procedures that we may establish from time to time. These additional security procedures may require special hardware, software or third- party services. If you do not comply with all of these required security procedures, you will use Online Banking entirely at your own risk.

You acknowledge that if you download software to your cell phone that enables mobile banking, Customers Bank does not sanction the use of any third-party software for Online Banking that does not have our prior approval. You further acknowledge that third-parties may offer such applications to cell phone users without our knowledge or approval. If you download such third-party software, you do so entirely at your own risk.

We reserve the right to change these requirements at any time, and from time to time, with appropriate notice to you.

B. Online Banking Services – General

Online Banking provides several electronic banking services that allow you to manage your personal or business accounts from your home or office on your computer. These Online Banking services include, but are not limited to: (1) viewing account balances and reviewing transaction history, including accessing e-Statements, for accounts registered with the applicable service; (2) transferring funds between accounts, including preauthorized transfers (to the extent provided in the applicable account Bank Account Agreement and Account Disclosures); (3) paying your bills online; (4) Financial Tools; and (4) communicating directly with us through online banking secure messages.

Each service that we provide through Online Banking, now or in the future, may be subject to its own separate agreement, and you agree to be bound by any and all terms, conditions and rules that we communicate to you about each such service.

C. Secure Message Service for Online Banking

Secure Message through Online Banking is a service that we provide for you to communicate with the Bank, for example, to ask questions about your account(s) and provide general feedback. Secure Message is accessible after you sign on with your password to Online Banking. To ensure the security of your account information, we recommend that you only use the message service provided through Online Banking to ask specific questions about your account(s). The preferred communication method is Secure Messaging through Online Banking. You acknowledge that e-mail communications through a third-party e-mail system may not be secure, and you make any such communications to us entirely at your own risk.

You cannot use Secure Messages or e-mail to initiate transactions on your account(s). For any online banking transactions, you may only use the appropriate functions or services that we provide through Online Banking.

D. Authorized Representatives of a Business (Non-Consumer Accounts) – Online Banking

If you are a business, any authorized representative of your business is authorized to: (1) enter into this Agreement, as amended from time to time; (2) access your account(s) in any manner and for any purpose available (whether available now or in the future) through Online Banking; and (3) use any Online Banking service in any manner and for any purpose available (whether available now or in the future) through such service.

E. Resolution of Questions and Errors about Electronic Funds Transfers; Liability for Unauthorized Use (Non-Consumer Accounts) – Online Banking

The error resolution and liability provisions of Regulation E do not apply to Non-Consumer Accounts. Therefore, Non-Consumer Account holders must notify us immediately if they discover or suspect any unauthorized transactions or errors. You must promptly examine your account statement upon receipt. If you find that your records and ours disagree, you must notify us immediately. You must also notify us immediately if you believe another person has improperly obtained your online password or has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us, call Customers Bank Customer Service at (866) 476-2265, or write to Customers Bank Customer Service, 40 General Warren Blvd. Suite 200, Malvern, PA 19355.

Your failure to notify us of an unauthorized transaction on a Non-Consumer Account within 30 days from the date we send or make your account statement available to you on which the unauthorized transaction first appears will conclusively mean that the transaction is authorized.

We will investigate your claim or question and respond to it in a commercially reasonable period of time. If you call us, we may request that you give us the information in writing. Non-Consumer Account holders assume sole responsibility for any unauthorized use, including without limitation, unauthorized use of their Login ID and/or password. Non-Consumer Account holders shall be liable for, and shall immediately indemnify, defend and hold us and our affiliates, and our and their trustees, directors, officers and employees, service providers and agents harmless from and against any and all claims, actions, proceedings, judgments, losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from or relating to any unauthorized transaction(s).

You agree that the password and other security procedures for electronic funds transfers described in this Agreement are commercially reasonable. If any instructions initiated by you through Online Banking and accepted by us in compliance with these security procedures contain any error, to the fullest extent allowed by law you shall be liable for, and shall immediately indemnify, defend and hold us and our affiliates, and our and their trustees, directors, officers and employees, service providers and agents harmless from and against any and all claims, actions, proceedings, judgments, losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from or relating to the erroneous instructions. The Bank’s records demonstrating compliance with these security procedures will be deemed conclusive proof that the payment or transfer request that we received was authorized and that you are bound by those instructions.

With respect to payment requests from Non-Consumer Accounts that are subject to Article 4A of the Uniform Commercial Code, as adopted and amended in Pennsylvania (“UCC 4A”), we are liable only for damages required to be paid under UCC 4A. In no event, except as may be required by law, shall we or our service providers or agents be liable for any special, indirect or consequential loss, damage, costs or expenses of any nature (including reasonable attorneys’ fees), and including, without limitation, lost profits, even if we have been informed of the possibility of such damages.

The limitations on liability of the Bank and our service providers and agents as provided in this Agreement are in addition to, and shall not diminish, any limitations on this liability contained in your applicable Bank Account Agreement or any other agreement between you and the Bank.

5) TERMS AND CONDITIONS OF MOBILE BANKING

A. Mobile Banking Services – General

Mobile Banking provides several mobile electronic banking services that allow you to manage your personal accounts from anywhere, anytime, with a compatible and supported Mobile Device. These Mobile Banking services include, but are not limited to: (1) viewing account balances and reviewing transaction history; (2) transferring funds between accounts, including preauthorized transfers (to the extent provided in the applicable account Bank Account Agreement and Account Disclosures); (3) paying your bills online; (5) Secure Messages, (6) Financial Tools and (7) remotely depositing checks to your accounts.

You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, and that there may be browser or other technical limitations specific to an individual mobile device that will limit or prevent access to Mobile Banking. You also accept responsibility for making sure that you know how to properly use the Mobile Device and we will not be liable to you for any losses caused by your failure to properly use Mobile Banking or the Mobile Device.

We make no representations that Mobile Banking will be available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is undertaken at your own risk and may not be secure.

B. Responsibilities and Security of the Mobile Device

You represent that you are the legal owner of the Accounts and other financial information which may be accessed using Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You represent that you are an authorized user of the Mobile Device you will use to access Mobile Banking and that the Mobile Device will be password protected or have similar security in use.

You have the sole responsibility for maintaining the safety, security and integrity of the Mobile Device by which you access Mobile Banking. You agree not to leave the Mobile Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any person. You shall bear the entire risk for any use thereof, whether or not you have authorized such use and whether or not you are negligent. If you permit other persons to use the Mobile Device, login information or any other means to access Mobile Banking, you will be held responsible for any transactions they undertake and we will not be liable for any damages resulting to you. You agree to not use Mobile Banking or the content or information delivered through Mobile Banking in any way that would be considered illegal. For suggestions on how you may secure your device, please visit our website.

You (on behalf of yourself, your estate, your heirs and all person who may claim through you) or, if an entity, its predecessors, successors and affiliates and its or their trustees, directors, officers, employees, agents and representatives and all persons who may claim through it thereby agree to indemnify, defend and hold the Bank, its affiliates, and its and their trustees, directors, officers, employees service providers and agents harmless from any and all claims, actions, proceedings, judgments, losses, costs, damages, expenses and liabilities (including reasonable attorneys’ fees and costs) we may suffer or incur as a result of your enrollment into Mobile Banking or registration of the Mobile Device, arising from any claim to funds transferred out of your Account or paid under authority of the Mobile Device including but not limited to liability for items presented or electronic transfers against such funds, claims of government agencies for the return of funds, liability to other third parties claiming rights to the funds, or any claim made against the Bank arising from any products and services provided by us to any person under authority of the Mobile Device.

6) TERMS AND CONDITIONS – GENERAL PROVISIONS

A. Relationship to Other Agreements and Fees

You agree that you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider or Internet services provider, and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Online and Mobile Banking and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.

B. New or Discontinued Services

We may, from time to time, provide new or additional Online and Mobile Banking services, and all such services shall be subject to the terms of this Agreement. By using such services when they become available, you agree to be bound by any and all terms, conditions and rules we communicate to you concerning such services. In the event of any modifications to the existing or new services, you are responsible for making sure you understand how to use Online and Mobile Banking as modified. Furthermore, we reserve the right to change or discontinue Online and Mobile Banking at any time.

C. Consent to Electronic Communications and Disclosures; FAQs

By accepting the terms of this Agreement, you also consent that we may, at our option, provide or make communications and disclosures available to you in electronic form. You agree that when you use Online Banking, we may provide account and transaction information and certain other disclosures to you electronically. Providing such disclosures to you “electronically” means transmitting them by e-mail or posting them for you online on your Mobile Device to read, download, and/or print from our Customers Bank website, located at: https://customersbank.com/account_disclosures.php. You have the right to withdraw your consent. Your consent is effective until you withdraw it.

The following FAQs (frequently asked questions) provide further information, terms and conditions about electronic communications and disclosures:

(1) In what form can you receive disclosures relating to our banking services?

You may receive disclosures about Online and Mobile Banking, your account(s) and our other banking services electronically when you sign up for our Online and Mobile Banking service by accepting this Agreement. You are also entitled to receive each of these disclosures on paper or in other non-electronic form if you so request.

(2) If you consent to accept disclosures electronically, what banking services are covered?

If you consent to accept disclosures electronically, we may use electronic means to provide you any or all disclosures relating to any banking products or services you obtain from us now or in the future. Your consent will not be limited to the Online and Mobile Banking service or any deposit accounts or other Bank products or services you use when you give us your consent. We are not obligated to give you all disclosures and records in electronic form. From time to time, we may provide certain disclosures or records to you on paper or in another non- electronic form, but even if we do, we may later provide them electronically.

(3) If you consent to accept disclosures electronically, can you withdraw your consent?

If you consent to accept disclosures in electronic form, you have the right to withdraw your consent at any time. If you do so, your change will apply to Online and Mobile Banking and all of our other banking products and services unless you request otherwise and we permit you to receive some disclosures electronically and other disclosures on paper or in other non- electronic form. However, because the Online and Mobile Banking services operate electronically, you acknowledge that it may not be possible for us to provide certain Online and Mobile Banking services to you if you withdraw your consent for electronic disclosures.

(4) How can you withdraw your consent for electronic disclosures and receive the disclosures on paper?

You may withdraw your consent by contacting the Bank by calling us at (866) 476-2265, or writing to us at Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355 and requesting that future disclosures be provided to you on paper. Your withdrawal of consent will become effective within one month after we receive your request. If your Online and Mobile Banking services must be changed or terminated when your withdrawal of consent becomes effective, we will advise you before the service is changed or terminated.

(5) If you withdraw your consent, how will it affect your transactions with the Bank?

Your withdrawal of consent for electronic disclosures will not impact the legal effectiveness, validity, or enforceability of electronic records provided or made available to you before your withdrawal of consent becomes effective. It will only apply to disclosures and transactions that occur after your withdrawal of consent becomes effective.

We will not terminate any account, relationship or banking service if you withdraw your consent for electronic disclosures or because you request to receive disclosures on paper. However, if you withdraw your consent you will no longer be able to open an account online without consenting to receive electronic disclosures. We may charge you a fee for receiving future disclosures on paper.

(6) May you request paper copies of disclosures we previously gave you electronically?

You may request paper copies of disclosures we previously gave to you electronically. We may charge you a fee for researching, copying and sending you any such records. These fees may change from time to time. You may request our current fees when you ask for the paper copies.

(7) What are the hardware and software requirements for access to and retention of electronic disclosures?

You must have a personal computer or other electronic communications device that is capable of accessing our Online Banking website. This requires a system that includes a secure Internet browser. In addition, a telephone or other modem or other device for connecting to an Internet service provider is required. You must also have an agreement with an Internet service provider to handle Internet communications for you. The hardware and software requirements are more fully set forth in the Section 3A of this Agreement entitled “Requirements.”

In order to retain a permanent copy of any disclosures or other records we give you electronically, your computer or other access device will need enough data storage capacity to keep the electronic file without interfering with your use of the device. In addition, if you want to print a paper copy, you will need a printer or access to a printer that is compatible with your computer or other access device.

D. Your Online or Mobile Password

When we have received your acceptance of this Agreement, you will be prompted to create a password for Online Banking and, if you choose to use it, Mobile Banking. You may change your password by following the applicable online instructions. For security purposes, we recommend that you memorize your password and do not write it down. You are solely responsible for keeping your password, account numbers and other account data confidential. We recommend that you change your password regularly in order to reduce the risks of unauthorized access by others who might discover your password.

If you believe that your password may have been lost or stolen, you must notify Customers Bank Customer Service at once by calling: (866) 476-2265.

E. Protecting Your Account

In addition to protecting your account information and password, you acknowledge that you are responsible for taking precautions to protect your personal identification information, including but not limited to your driver’s license, Social Security Number or Taxpayer Identification Number, and any other information that by itself or together with information on your account(s) may allow unauthorized access to your account(s). It is your responsibility to protect all such personal information with the same level of care that you protect your account information. You acknowledge that you should only reveal your account number to a legitimate person or entity for a purpose you authorize (such as your insurance company for automatic payments).

F. Waiver of Requirement for Two or More Signatures

If your designated account(s) requires two or more signatures on checks or other items, such requirement does not apply to electronic transfers through Online and Mobile Banking, and you release us from any and all liability for such electronic transfers through Online and Mobile Banking. This means that any person who is authorized to act as a signer on your account(s) shall be deemed to be authorized by you to make electronic transfers individually from your account(s) through Online and Mobile Banking without two or more signatures being required.

G. Limitations on Our Liability for Certain Transfer Delays or Errors

If we do not complete a transfer to or from your account on time or in the correct amount according to our applicable agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable to you, for instance: (a) If, through no fault of ours, you do not have sufficient funds in your account to make a transfer; (b) If a legal order directs us to prohibit withdrawals from the account; (c) If your account is closed, has a hold placed on it, or has been frozen; (d) If the transfer would cause your balance to exceed the credit limit for any credit arrangement set up to cover overdrafts; (e) If you, or anyone you allow, commits any fraud or violates any law or regulation; (f) If any electronic terminal, telecommunication device or any part of the electronic funds transfer system is not working properly; (g) If you have breached this Agreement, your Bank Account Agreement, or other applicable agreement with us; (h) If you have not properly followed the instructions for using Online and Mobile Banking; (i) If circumstances beyond our control (such as fire, flood, system outages, Internet problems generally, or improper transmission or handling of payments by a third party) prevent the transfer; (j) If the Online and Mobile Banking service you requested was not available at the time you requested it, and we had given you notice that it was not available.

H. Limitations on Our Liability for Loss of Use of Funds

If we make any error other than those described in Section G above, and if the error causes you to be wrongly deprived of the use of your funds for any period, our maximum liability to you will be to restore those funds to you (subject to any transfer requests you have made) and pay you interest on those funds, for the period you were wrongly deprived of them, at our standard statement savings account rate.

I. General Limitation on Liability; Third Parties

Except to the extent specifically provided in this Agreement, or where applicable law requires otherwise, you agree that neither we nor any of our third-party service providers or other agents shall be responsible for any losses, liability, damages, costs, expenses (including reasonable attorneys’ fees), resulting in whole or in part from any act or failure to act of: (1) equipment or software; (2) Internet browsers (including without limitation, Firefox, Chrome, or Safari); (3) Internet access providers; (4) Mobile/Cellular phone service providers; (5) our service providers; or (6) an agent or subcontractor of any of the foregoing, as applicable. Neither we nor our service providers or agents or subcontractors shall be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, browser, the Internet, or your access to or use of, or failure to access or use, any services through Online and Mobile Banking.

J. Overdrafts; Order of Payments and Charges

When you use Online and Mobile Banking, you must have sufficient funds available in your designated account (including available overdraft protection coverage, if applicable) to cover the amount of the transfers and any associated overdraft protection fees. We are not obligated to notify you if Online and Mobile Banking does not complete a transfer because there are insufficient funds in your account to process the transfer. We may process transfers that exceed your available balance, but we are not obligated to do so. If we do, you agree to immediately pay us for the overdraft and any fees incurred. We may discontinue permitting overdrafts at any time, without prior notice. Furthermore, some products and services offered in Mobile Banking may have additional terms and conditions regarding fees or charges associated with overdrafts or other issues with transfers. As such, you should review the applicable agreements for the specific product or service for additional information, terms or conditions.

If your account does not have sufficient funds to perform all electronic funds transfers (including, without limitation, ATM withdrawals, pre-authorized transactions, and Online and Mobile Banking transfers) that you have requested for a given Business Day, then: (1) Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have the priority determined by us in our sole discretion; and (2) The electronic funds transfers initiated through Online and Mobile Banking may result in an overdraft of your account and may, in our sole discretion, be canceled.

We reserve the right to charge any fees you owe us against your account(s) prior to allowing withdrawals or implementing any transfer requests (subject to any limitations in your Bank Account Agreement or under applicable law).

K. Availability of the Online and Mobile Banking Service; Cut-off Time

You can access your accounts through Online and Mobile Banking 7 days a week, 24 hours a day. However, you recognize and agree that at certain times, some or all of the Online and Mobile Banking services may not be available due to system maintenance or circumstances beyond our control.

A transfer initiated through Online and Mobile Banking will generally be posted immediately, but the transferred funds may not be considered part of the available balance for purposes of processing certain transactions until the next Business Day. This means that such funds may not be available for paying or authorizing certain transactions, including without limitation, check clearing, or point of sale or point of purchase authorizations until the next Business Day.

We reserve the right to change the cut-off time in our sole discretion. Such change shall be effective immediately and may be implemented prior to your receipt of notice thereof. You may contact us at any time to verify the current cut-off time.

You acknowledge that we have provided you Account Disclosures about the availability of deposits for withdrawal, including, without limitation, our Funds Availability Disclosure. The Account Disclosures are incorporated by reference into this Agreement and provide more detailed information about the availability of deposits for withdrawal.

L. Limitations on Funds Transfers

The number of transfers from a savings account is limited as described in your applicable Bank Account Agreement and Account Disclosures, which are incorporated by reference into this Agreement. With respect to transferring funds from an account on which we have placed a hold on all or part of the account balance, or as to which some or all of the balance is not otherwise available for withdrawal, you cannot transfer the portion of the funds held or otherwise unavailable until the hold expires and the funds become available for withdrawal.

M. Fees

There are no monthly or transaction fees for accessing your account(s) or making transfers among your accounts at the Bank through Online and Mobile Banking. However, other fees and charges may apply to each of your accounts and other types of transactions and/or services relating to those accounts, regardless of whether you sign up for or use Online and Mobile Banking. Other fees and charges may also apply to other services that the Bank offers, or may offer in the future, through Online and Mobile Banking. Please refer to the applicable agreement, fee schedule, or other Account Disclosures for the current fees and charges related to each account, transaction, and/or service. We reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

You also acknowledge that your Internet Service Provider (ISP) or Mobile/Cellular Phone Service Provider may assess fees for your use of Internet services or other services, generally. You are also responsible for any telephone charges incurred by accessing your accounts through Online and Mobile Banking.

N. Disclosure of Account Information – Privacy Policy

By accepting this Agreement, you agree that we may provide information about you or your accounts or transactions to third parties in accordance with our Privacy Policy/Notice, as amended from time to time. A copy of our Privacy Policy is available on our website at www.customersbank.com and is incorporated in this Agreement as if set forth in full. We will also provide an updated Privacy Policy to you periodically. By accepting this Agreement, you agree that we may provide our Privacy Policy to you electronically, although we may choose to send you a paper copy.

O. Resolution of Questions and Errors about Electronic Funds Transfers (Consumer Accounts)

The provisions of this Section of the Agreement apply only to electronic funds transfers that debit or credit a Consumer Account and that are covered by the federal Electronic Funds Transfer Act and Federal Reserve Board Regulation E. In general, Regulation E applies to accounts established by a natural person primarily for personal, family or household purposes. We may, when applicable, rely on any exceptions to the provisions of this Agreement that are provided in Regulation E. All terms not otherwise defined in this Section of the Agreement that are defined in Regulation E shall have the meanings assigned to them by Regulation E.

In case of questions or errors about electronic funds transactions through Online and Mobile Banking contact us as soon as possible in any of the following ways: (1) Call us at (866) 476-2265 (2) Fax us at (610) 935-9650; or (3) Write to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355.

Do this as soon as you can if you think your statement, any transaction, record, or confirmation is wrong, or if you need more information about a transaction listed on a statement or transaction record or confirmation. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared.

Tell us your name and account number (if any).

Describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. If your complaint or error inquiry is about a Consumer Account, we will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit your account.

If we decide that there was no error, we will revoke any provisional credit and send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

P. Liability for Unauthorized Use (Consumer Accounts)

Notify us immediately if you believe another person has improperly obtained your online or mobile credentials. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account.

Only reveal your account number to a legitimate person or entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us, call Customers Bank Customer Service at (866) 476-2265, or write to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355.

If your account is a Consumer Account and you tell us within two (2) business days after you learn of a loss or theft, you can lose no more than $50 if someone used Online and Mobile Banking without your permission. If you do not tell us within two (2) Business Days after you learn of the loss or theft, and we can prove we could have stopped someone from using Online and Mobile Banking without your permission had you told us, you could lose as much as $500.

Also, if your statement shows transactions that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend this 60 day time period for a reasonable amount of time.

Q. Preauthorized Transfers

You may stop a transfer online at any time prior to the transfer being processed.

If you order us to stop payment of a pre-authorized transfer from a Consumer Account in accordance with this Agreement, and we do not do so, and the transaction is subject to Regulation E, we may be liable for any directly caused losses or damages. If our failure to stop payment was not intentional and resulted from a bona fide error despite the fact that we maintained procedures reasonably adapted to avoid the error, our liability will be limited to the actual damages proved.

R. Exclusion of Warranties

All of the Services available through Online and Mobile Banking are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

S. Termination

We may cancel your Online and Mobile Banking access at any time without prior notice to you, for any reason, except as may be required by law. One reason we may cancel your access is if you do not have sufficient funds in one or more of your accounts to cover any fees that are chargeable for Online and Mobile Banking transactions. In this case, Online and Mobile Banking services may be reinstated once we are satisfied that sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of your Online and Mobile Banking services, you must call Customers Bank Customer Service at (866) 476-2265.

If you do not access your accounts through Online and Mobile Banking for any (1) one year period, the Bank reserves the right to terminate your Online and Mobile Banking service without notice.

If you want to cancel any of the services offered through Online and Mobile Banking, you must contact Customers Bank Customer Service at (866) 476-2265 or send us cancellation instructions in writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355. If you close all of your accounts, you must notify Customers Bank Customer Service to cancel the Online and Mobile Banking services.

T. Amendments

We reserve the right to change the charges, fees or other terms and conditions described in this Agreement from time to time without notice, except as may be required by law. However, if your Online and Mobile Banking service relates to a Consumer Account(s), we will mail or deliver a written notice to you of the changes at least 21 days before the effective date of the change, if the change would result in increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law.

You may decline a change by notifying us prior to the change’s effective date to discontinue your Online and Mobile Banking services. However, if you fail to terminate your Online and Mobile Banking services before the effective date and use any of the Online and Mobile Banking services on or after the effective date, you will be deemed to have accepted and agreed to the changes, and they will become legally binding upon you. Changes to fees applicable to specific accounts are governed by the applicable Bank Account Agreement and Account Disclosures.

U. Notices

We may give you notices relating to Online and Mobile Banking or any of your accounts that can be accessed with Online and Mobile Banking, and you may give us similar notices, in any one or more of the following ways: (1) electronically online at our website when you access Online Banking; (2) by mailing a paper notice, which we may mail to you at your address shown on our records or you may mail to us at Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355; (3) by sending an electronic mail message (e-mail). We may send e-mails to you at your designated e-mail address or any changed e-mail address you later designate by notice to us.

By accepting this Agreement, you agree that any of the notice methods provided above qualifies as a “written notice” for all purposes under this Agreement, any other agreement between us, and otherwise under applicable law.

V. Assignment

You may not assign this Agreement or your rights or responsibilities under this Agreement to any other party, and any attempted assignment shall be null and void. The Bank may assign this Agreement to any affiliated entity or any successor. We may also may assign or delegate any or all of our rights and responsibilities under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or enforced by either the Bank or such service providers. Any reference in this Agreement to the Bank also shall be considered a reference to any service provider performing services under this Agreement on our behalf.

W. Governing Law; Venue

This Agreement shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction. You hereby consent and agree that the courts of the Commonwealth of Pennsylvania located in Berks County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania located in Reading, Pennsylvania are the exclusive forums for litigation of any claim or counterclaim by you arising under or related to this Agreement.

X. Severability

If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of such provision in other jurisdictions, and of the remaining provisions of this Agreement in all jurisdictions, will not in any way be affected or impaired.

Y. Entire Agreement

With the exception of any notices provided by the Bank to you regarding Online or Mobile Banking, this Agreement sets forth the entire and only agreement between you and the Bank with respect to your use of Online and Mobile Banking. Any prior or contemporaneous agreements, representations, statements, negotiations, undertakings, promises or conditions, whether oral or written, with respect to Online or Mobile Banking which conflict with the provisions in this Agreement are superseded by this Agreement.

iPad® and iPhone® are registered trademarks of Apple, Inc. Android™ is a registered trademark of Google, Inc.

 

7) TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

SERVICE DEFINITIONS

“Service” means the Bill Payment Service offered by Customers Bank through FIS Global.

“Agreement” means these Terms and Conditions of the Bill Payment Service.

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

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

“Payment Account” is the checking account from which bill payments will be debited.

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

“Business Day” is every Monday through Friday, excluding Federal Reserve holidays and days on which Customers Bank is closed.

“Deliver By Date” is the day you want your Payee to receive your bill payment.

“Due Date” is the date reflected on your Payee statement for which the payment is due. It is not the late date or date following a grace period.

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

PAYMENT SCHEDULING

When scheduling payments, the earliest possible due date for the payment will be displayed for your selection. Electronic Payments should be scheduled 2 days prior to the due date. Your account will be debited on the due date as indicated on the bill payment request. If your payment is made by direct check, it must be scheduled at least 4 days prior to the due date. This should allow sufficient time for the payment to be received on the scheduled payment date. Your account will be debited when the check is presented for payment by the payee.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

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

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

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

3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; or,

4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

THE FOREGOING SHALL CONSTITUTE THE CUSTOMERS BANK’S AND FIS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL CUSTOMERS BANK OR FIS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a direct check payment.

PAYMENT CANCELLATION REQUESTS

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

STOP PAYMENT REQUESTS

The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service by calling 866-476-2265 during usual business hours, 9:00 a.m. to 5:00 p.m. EST Monday through Friday. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS

Payments to Payees outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTMENT

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

Information provided to the Payee – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly.

Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill.

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

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

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

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

Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.

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

EXCLUSIONS OF WARRANTIES

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

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify Customers Bank by calling 866-476-2265.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS

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

1. Call us at 866-476-2265 during customer service hours, 9:00 a.m. to 5:00 p.m. EST Monday through Friday;

2. Contact us by using the online banking e-messaging feature; and/or,

3. Write us at:

Customers Bank
40 General Warren Blvd. Suite 200, Malvern, PA 19355

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

1. Tell us your name and Service account number;

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

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

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly.

However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

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

1. Where it is necessary for completing transactions;

2. Where it is necessary for activating additional services;

3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;

4. To a consumer reporting agency for research purposes only;

5. In order to comply with a governmental agency or court orders; or,

6. In other situations if you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

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

You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider for your use of the Service.

FAILED OR RETURNED TRANSACTIONS

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

ADDRESS OR BANKING CHANGES

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

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact Customer Service via one of the following:

1. Telephone us at 866-476-2265 during customer service hours, 9:00 a.m. to 5:00 p.m. EST, Monday through Friday; and/or

2. Write us at:

Customers Bank
40 General Warren Blvd. Suite 200, Malvern, PA 19355

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

PAYEE LIMITATION

The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

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

CAPTIONS

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

GOVERNING LAW; VENUE

This Agreement shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction. You hereby consent and agree that the courts of the Commonwealth of Pennsylvania located in Berks County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania located in Reading, Pennsylvania are the exclusive forums for litigation of any claim or counterclaim by you arising under or related to this Agreement.

8) TERMS AND CONDITIONS FOR FUNDS TRANSFER AND PEOPLE PAY

This Funds Transfer and People Pay Agreement (“Agreement”) is a contract that governs your ability to use an online money movement service provided to you by Customers Bank and our service provider, FIS Inc. (“Service Provider”). The Funds Transfer service allows you to transfer funds to or from your eligible Customers Bank accounts and other accounts held by you at Customers Bank and at other external U.S. financial institutions (“Accounts”), assuming that the transfer is permitted by the relevant financial institution and by law.

The People Pay service allows you to electronically send money to other people via their email address, mobile phone number or directly to their Account held at Customers Bank or at other U.S. financial institutions. In this Agreement the Funds Transfer service and the People Pay service are individually and collectively referred to as the “Service.” The terms “Bank,” “we,” “us,” and “our” refer to Customers Bank. The terms “you” or “your” refer to the account holder authorized by the Bank to use the Service and anyone else who uses the Service with the permission of the account holder. By using the Service, you agree to, and acknowledge that you have read and understand, the terms and conditions of this Agreement.

EXTERNAL FUND TRANSFERS BETWEEN YOUR ACCOUNTS AT CUSTOMERS BANK AND ANOTHER FINANCIAL INSTITUTION

The Funds Transfer service allows you to transfer funds to or from your eligible Customers Bank accounts and other Accounts, assuming that the transfer is permitted by the relevant financial institution and by law. You must be an account owner on any account linked for transfer purposes in order to use the Funds Transfer service.

Funds transfer instructions received by Customers Bank after 7:00pm EST on a Business Day will be deemed to be received by Customers Bank on the next Business Day (“Cutoff Time”). If you schedule a funds transfer for a future date, we will process the transaction at the first system available time on the transfer date, if that date is a Business Day. If the date you request for a future fund transfer is not a Business Day, we will process the transaction on our next Business Day.

Fund transfer requests from another financial institution for deposit to your Customers Bank Account will be initiated by Customers Bank as an Automated Clearing House (ACH) transaction. Receipt of these funds will not be immediately made to your Customers Bank Account. Within the first 30 calendar days of opening a new account, availability of these funds in your new Customers Bank Account may take up to ten (10) Business Days from the date Customers Bank begins to process your requested funds transfer. External Transfer services will not be available for the first 30 calendar days from the enrollment date in Online/Mobile Banking. On the second business day following that period, external transfers are limited to $250,000 per day and $1,500,000 per calendar month.

1. Scope of Agreement

This Agreement sets forth the terms and conditions on which the Bank and our Service Provider will provide, and you may use, the Service (the “Terms”). The Terms are in addition to any other Bank account agreements rules, disclosures, procedures, standards, policies, or signature cards relating to your deposits, loans or other business relationships with the Bank (collectively, the “Account Disclosures”). Except as specifically provided in this Agreement, all of the terms, conditions, agreements, disclosures, and fees set forth in the Account Disclosures, as the Bank provides and updates them from time to time, shall remain in full force and effect. If this Agreement conflicts with another agreement or Account Disclosure we have with you, then this Agreement will control and take precedence, only with respect to the Service and only to the extent necessary to resolve the conflict or inconsistency.

Additionally, your access to and use of the Service will be subject to all of the terms or instructions that may appear on a screen when you access the Service, and applicable state and federal laws and regulations.

2. Acceptance of Terms

When you click on the button labeled “I accept these Terms & Conditions”, you agree to accept the Terms, including any amendments to this Agreement or any changes in the Terms. You will then enroll online for the Service. To use the Service you must be at least eighteen (18) years old and be a resident of the United States. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of this Agreement from the Bank’s website at www.customersbank.com/.

3. Verification of Information

By clicking on the button labeled “I accept these Terms & Conditions”, you authorize us to verify your identity by obtaining a consumer report from a consumer reporting agency. We and our Service Provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable law. We reserve the right to deny you access to the Service if we cannot verify your identity or other necessary information and/or based upon our review of your consumer report, along with other information we deem relevant. If we deny you access to the Service, you may obtain a free copy of the consumer report that we used from the consumer reporting agency that issued the report. You may view, download and print a summary of your rights under FCRA, including information on how to obtain a copy of your consumer report, at any time by contacting the Bank.

In addition to obtaining a consumer report, we and our Service Provider reserve the right to obtain such additional information from time to time as we deem reasonably necessary to ensure that you, or persons to whom you may transfer funds, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.

Once you are enrolled in the Service we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account.

The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.

Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts by requiring you to enter information you ordinarily use to access the Account provider’s website, or by requiring you to submit proof of ownership of the Account. Other Account verification methods may also be employed at the sole discretion of the Bank and/or our Service Provider.

4. User Content

Subject to the Bank’s Privacy Policy, you agree that the Bank and our Service Provider may use, copy, modify, display and distribute any information, data, materials or other content (the “Content”) you provide to us for the purpose of using the Service, and you hereby give us a license to do so. By submitting Content, you represent that you have the right to license such Content to us for the purposes set forth in this Agreement.

5. Accounts

You acknowledge that in order to complete fund transfers, it is necessary for us and our Service Provider to access the websites and databases of the Bank and other financial institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Service, you represent and warrant to us that: (a) you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement; (b) by disclosing and authorizing us to use such information you are not violating any third party rights; (c) the information you are providing us with is true, current, correct and complete; (d) you are who you claim to be; and (e) you are the rightful owner of all Content and of the Accounts linked for the purposes of the Service.

You hereby authorize and permit us and our Service Provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.

For as long as you are using the Service, you give to us and our Service Provider a limited power of attorney and appoint us and our Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution, for you, in any and all capacities, to access the Accounts and effect funds transfers as described in this Agreement. As your attorney-in-fact and agent we shall have full power and authority to perform each and every act necessary to be done in connection with effecting funds transfers, as fully as you could do in person, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts. Once the Bank and/or our Service Provider has actual knowledge that you wish to cease using the Service and has a reasonable opportunity to act on such knowledge, this limited power of attorney shall be automatically revoked; provided, however, that any act done by the Bank and/or our Service Provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.

You understand and agree that at all times your relationship with each Account provider is independent of the Bank and your use of the Service. We will not be responsible for any acts or omissions by any other financial institution or any other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such financial institution or provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN THE BANK AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT’S ACCOUNTS, THE BANK AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THE BANK AND ITS SERVICE PROVIDER SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF: (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/ORCREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE BANK OR OTHER FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

You acknowledge that not all types of accounts are eligible for the Service. It is your responsibility to check with the Bank and your other financial institutions regarding which accounts are eligible and regarding restrictions on transfers among your retirement accounts (401k, IRA, etc.), trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses that you may incur from transfers that are not permitted under such restrictions by the provider of your Account or restrictions imposed by applicable law.

6. Business Days

The Service will process requests for transfers on business days. As used in this Agreement the term “Business Days” means Monday through Friday, but excludes Federal holidays and days on which the Bank is closed.

7. Electronic Communications

A. General Consent; Categories of Records.

The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically and that the following categories of information (“Communications”) may be provided by electronic means:

· This Agreement and any amendments, modifications or supplements to it.

· Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.

· Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.

· Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.

· Any other communication related to the Service.

Although the Bank reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You acknowledge that you should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.

B. How to Withdraw Consent.

If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop

using the Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made within the time period permitted by the Service cancellation policies).

C. How to Update Your Records.

You agree to promptly update your registration records if your e-mail address or other information changes. You may update such records by using the Manage Contact Info tab of the Service website.

D. Delivery of Electronic Communications.

Communications may be posted on the pages of the Service website, through Secure Messages within the Service or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when the Bank or our Service Provider sent it to you, whether or not you received the e-mail. An electronic Communication by e-mail is considered to be sent at the time that it is directed by the Bank’s or Service Provider’s e-mail server to the appropriate e-mail address. If the Communication is posted on the Service, then it will be deemed to have been received by you no later than five (5) Business Days after the Bank or our Service Provider posts the Communication on the web pages of the Service, whether or not you retrieve the Communication. An electronic Communication made by posting to the web pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.

E. Hardware and Software Requirements.

In order to access and retain Communications, you must have:

· An Internet browser that supports 128-bit encryption, Google Chrome, Mozilla Firefox, Microsoft Edge or Apple Safari. Current and previous two versions of each are supported.

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

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

· Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.

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

8. Privacy Policy and Confidentiality

We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. In order to provide the Service, we must obtain from you certain personal information about you, your Accounts, and your transactions (“User Information”). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our Privacy Policy.

All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent “cookies” on the browser to store any personal information. We have multiple levels of security that have been designed especially for us. You can see a full description of our security policy by clicking on the “Security tab” at www.customersbank.com. You can see a full description of our Privacy Policy by clicking on “Privacy Policy” in our Online Banking website.

9. In the event of unauthorized transfer

If you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact us AT ONCE by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or calling us at 866-476-2265.

10. Consumer Liability

You agree to notify us AT ONCE if you believe your password has been lost or stolen. Calling us promptly is the best way to protect yourself from possible losses. You may notify by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or calling us at 866-476-2265.

You can see a complete statement of all your funds transfers effected or pending at any time by clicking on the transaction history for the applicable account or selecting the Scheduled transfers link within the consumer online banking website. If your statement shows transfers that you did not make, notify us AT ONCE. If you do not tell us within 60 days after the transfer was posted to your statement, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the 60-day time period for a reasonable amount of time.

A. Transfer Types and Limitations

Types of Transfers

Funds Transfer . You may use the Funds Transfer service to transfer funds between any two of your Accounts about which you have provided us the necessary information. You may schedule transfers to occur one time, for a future date, or on a specified recurring basis.

People Pay . You may use the People Pay service to transfer funds from one of your Accounts to an Account of another person (“Recipient”). You may send funds to a Recipient by using the Recipient’s mobile telephone number, or their email address, or you may send the funds directly to their bank Account by entering the required bank routing and Account number information. If you have requested a People Pay funds transfer to a Recipient, you must provide us with a true, correct, current e-mail address for such Recipient.

You cannot use People Pay to transfer money from a Recipient’s Account to your own Account.

Additional services . We may from time to time make available additional or new features to the Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion, and additional terms and conditions may apply.

B. Frequency of Transfers

We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.

C. Dollar Amount of Transfers

We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. You must have sufficient funds to effect any funds transfers from your Accounts. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see “Suspension and Reinstatement of the Service” below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

D. Transfers Subject to the Rules of the Accounts

All funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account(s) that are not allowed under the rules or regulations applicable to such Account(s) including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of Bank Secrecy Act and/or OFAC regulations. We may at any time decline to effect any funds transfer that we believe may violate applicable law or the rules and regulations governing the relevant Accounts.

E. Rejection of Transfers

We reserve the right to refuse to: (1) effect any funds transfer; (2) submit funds transfer instructions or orders; or (3) to carry out change or cancellation requests. Without limiting the foregoing, we may at any time refuse to effect any transfers that we believe may violate applicable law, or where there are not sufficient funds in your Account to effect any requested transfer.

F. Your Authorizations

You authorize us to select any means to execute your funds transfer instructions. You understand that to effect your funds transfer instructions we utilize the Automated Clearing House (ACH).

In accordance with applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts. Once your Account has been debited, we credit our Service Provider’s transfer account at the Service Provider’s clearing bank. After our Service Provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our Service Provider will credit your destination Account. The sole purpose for our Service Provider’s transfer account is to complete your funds transfer requests and to perform services within the scope of this Agreement. The Service Provider earns no interest on the funds in the transfer account. If the debit side fails or the debited funds are returned for any reason and the credit side has been released and cannot be collected, you authorize our Service Provider to collect the amount of the debit from the Account to which the funds transfer was credited. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. You are responsible for any and all fees associated with such collection that may be imposed by the financial institution holding the Account.

You understand and agree that we may from time to time impose additional fees or charges in connection with your funds transfer transactions. We will notify you of such fees or charges in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Account in the amount indicated in our notification.

In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We will not notify you in such event, other than by posting any such transfer or transfers to the applicable Account(s) in accordance with this Agreement (see ” Documentation” below).

11. Suspension and Reinstatement of the Service

In the event that we at any time incur a problem with your use of the Service, including without limitation a failure in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect us from loss. In the event of such suspension, you may request reinstatement of your service by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or by calling us at 866-476-2265. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, the Bank in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see “Dollar Amount of Transfers” above).

12. Documentation

You may access a statement of all funds transfers effected or pending at any time by clicking on the transaction history for the applicable account or selecting the Pay People link within consumer online banking. If a payment fails, the funds will be credited back to your Account.

13. Your Responsibility for Errors

You understand that we must rely on the information provided by you, and you authorize us to act on any instruction that has been or reasonably appears to have been sent by you to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without obtaining further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, the Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

14. Error Reporting and Claims

In case of errors or questions about your funds transfers, contact us as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. Contact us by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or by calling us at 866-476-2265. You can see a complete statement of all your funds transfers effected or pending at any time by clicking on the transaction history for the applicable account on the consumer online banking website. We must hear from you within 60 days after we FIRST posted the transfer to your statement.

You must: (1) tell us your name, and the account number of the Account to which the error relates; (2) describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information; and (3) tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will determine whether we committed an error within 10 Business Days (20 Business Days for new Bank accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new Bank Accounts) to investigate your complaint or question. If we decide to do this, we will credit/debit the applicable Accounts within 10 Business Days (20 Business Days for new Bank accounts) for the amount you believe is in error, so that you or your intended Recipient will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 Business Days, we may not credit/debit the applicable Accounts.

We will tell you the results within three (3) Business Days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.

We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of the financial institution that holds the Account or the account of your Recipient. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution or the Recipient. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

15. Proprietary Rights

You acknowledge and agree that the Bank and/or our Service Provider owns all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the Service or any of the Bank’s and/or our Service Provider’s services or technology.

16. No Unlawful or Prohibited Use

As a condition of using the Service, you represent and warrant to us that: (a) you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement, or by your Account Disclosures, or by any applicable law or regulation; (b) you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; and (c) you will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

17. Service Changes and Discontinuation

We may modify or discontinue the Service or your Account(s) with us, with or without notice, without liability to you, any other user or any third party, to the extent permitted by our Account Disclosures, this Agreement, and applicable law. We reserve the right, subject to applicable law, to terminate your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of the Bank and/or our Service Provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Service. We reserve the right to charge a fee(s) for the use of the Service and any additional services or features that we may introduce (See “Service Fees” below).

You may terminate your Account with the Bank at any time by contacting us. Once your Account with the Bank has terminated for any reason, you will have no further right or access to use the Service for that Account.

18. Use of SMS Messaging for People Pay Service

Users of the People Pay service may receive SMS (short message service) text messages to their mobile telephones relating to their payments, such as notices of payment, alerts for validation and transfer receipt notifications. Your e-mail address and mobile phone number are required as part of the sign up process for the People Pay service. We may verify your access to the mobile phone number by sending you an SMS message with a verification code that you will need to enter in order to complete the sign up process. You may receive other SMS messages related to your People Pay service transactions from time to time.

Mobile telephone carrier charges may apply to you and/or the Recipient for text messaging services. You are responsible for your mobile telephone carrier’s fees and charges, including without limitation text messaging fees.

19. Service Fees

There are no Bank fees to use the Service. If in the future the Bank decides to charge fees for the Service, we will provide you with at least 21 days’ advance written notice of any such change.

Notice may be provided by mail to your address of record, and/or via email, if applicable (See “General Provisions –Amendment” below). Fees separately disclosed in the Bank’s Fee Schedule and other Account Disclosures, as amended from time to time, may apply to specific services and Accounts. Other financial institutions may impose their own fees and charges for transfers that you make through the Service, and you are responsible for any and all of such fees and charges. You also understand and agree that you are responsible for any telephone, including mobile telephone, and Internet service provider charges and any and all other fees and charges that you may incur by accessing and using the Service.

20. Links to Third Party Sites

Our Service website may contain links to other third party websites (“Linked Sites”). Such links are provided solely as a convenience to you. The Bank and the Service Provider do not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that the Bank and the Service Provider are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and make no representations or warranties regarding the Linked Sites or your use of them.

21. Security Procedures

You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions in accordance with the security procedures established under the rules governing such Account.

22. Deviating from Security Procedures

You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your Accounts based solely on such instructions.

23. Account Number Policy

You agree that if funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if the number does not correspond to the name. You acknowledge that such financial institutions may not investigate discrepancies between names and account numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and account numbers.

24. Joint Account Holder

By using the Service, you confirm that if any of your Accounts is a joint or other multiple party Account, your joint or other account holder of the Account has consented for you to use the Account for the Service.

25. Means of Transfer

You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including without limitation automated clearing house (ACH) rules as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard period of three (3) Business Days.

26. Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s account. The Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by law, we shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if our website was not working properly and you knew about the malfunction when you started the funds transfer.

27. Limitation of Warranty and Liability

YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON OUR WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

28. Indemnification

You agree to indemnify, defend and hold harmless the Bank, its affiliates, and its and their trustees, directors, officers, employees, service providers and agents from any and all third party claims, actions, proceedings, expenses, judgments, liabilities, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Service, our reliance on the information, instructions, license and/or authorizations provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Bank Account(s), of any intellectual property or other right of any person or entity.

The Bank and the Service Provider reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if the Bank and/or the Service Provider has reason to believe that completing the transfer would result in a violation of law or expose us to liability or risk of loss. Without limiting the foregoing, the Bank and/or the Service Provider will reject any transfer if you do not enter the code correctly after three (3) attempts. If the transfer is rejected for any reason, the funds will be returned to the Transferor.

29. General Provisions

A. Service Provider Disclaimer

You understand and agree that our Service Provider is not a bank, a broker-dealer firm, or any other kind of financial institution.

B. Representations and Warranties

In addition to your other representations and warranties in this Agreement, you represent and warrant that: (a) you are who you claim to be; (b) you are the rightful owner of all Content and the Accounts linked for the purposes of the Service; and (c) you are rightfully authorizing us to access the Accounts.

C. Termination

If at any time you wish to discontinue your use of the Service, you can cancel the Service by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or by calling us at 866-476-2265.

Once your Account with us has terminated for any reason, you will have no further right or access to use the Service for that Account. We may terminate your access to and use of the Service at any time for any reason without notice to you, to the extent permitted by law.

You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these Terms.

D. No Waiver

Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement. The Bank will not be deemed to have waived any of its rights or powers under this Agreement unless such waiver is in writing and such writing is signed by an authorized representative of the Bank. No delay, extension of time, compromise, or other indulgence that may occur or be granted from time to time by the Bank under this Agreement will impair our rights or powers under this Agreement.

E. Amendment

We reserve the right to change the fees, charges or other Terms in this Agreement from time to time without notice, except as may be required by law. However, we will mail or deliver a written notice to you at least twenty-one (21) days in advance of the effective date of any additional or increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers, or stricter limits on the type, amount or frequency of transactions. In addition, if an immediate change is necessary to maintain the security of the system and it can be disclosed without jeopardizing the security of the system, we will provide you with written notice within thirty (30) days after such change. In most cases you will receive the notice online through the Service; however, the Bank reserves the right to notify you by e-mail or by U.S. Postal Service mail, in its discretion.

You may decline a change by notifying us prior to the change’s effective date to discontinue the Service. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service.

However, if you fail to terminate your Service and you use it on or after the effective date of the change, you will be deemed to have accepted and agreed to the changes, and they and the Agreement, as amended, will become legally binding upon you.

F. Entire Agreement

The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service.

G. Notices

All notices to you shall be in writing and shall be made either via e-mail, U.S. Postal Service mail or messages delivered through the Service, at our discretion. Any written notice that we give to you will be effective when it is deposited in the U. S. mail or delivered to you to the e-mail address in our records or posted for you online through the Service. If your Account is a joint or multiple party Account, notice from us to any one of you is notice to all of you.

Unless otherwise provided in this Agreement, any notice from you must be in writing. Any written notice that you give us will be effective when it is actually received by us, provided we have reasonable opportunity to act on it.

See the section of this Agreement above entitled “Delivery of Electronic Communications” for further provisions regarding electronic notices.

H. Assignment

This Agreement is personal to you and you may not assign any of your rights, duties and obligations under this Agreement to any other party. The Bank may assign this Agreement to any future, directly or indirectly, affiliated company. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

I. Disputes

If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then current rules and procedures of the American Arbitration Association.

J. Governing Law

This Agreement shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction.

K. Severability

If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of such provision in other jurisdictions, and of the remaining provisions of this Agreement in all jurisdictions, will not in any way be affected or impaired, and the remainder of the Terms will continue in full force and effect.

L. Effective Date

This Agreement shall take effect immediately upon the acceptance of your enrollment in the Service by us.

 

9) TERMS AND CONDITIONS FOR MOBILE CHECK DEPOSIT

This Mobile Check Deposit Agreement (“Agreement”) is a contract that governs your ability to use the Mobile Check Deposit remote deposit capture service provided to you by Customers Bank (the “Service”). As used in this Agreement, the terms “Bank,” “we,” “us,” and “our” refer to Customers Bank. The terms “you” or “your” refer to the account holder(s) authorized by the Bank to use the Service, all persons authorized to sign on the account holder’s deposit accounts, and anyone else who uses the Service with the permission of the account holder(s). By using the Service, you agree to, and acknowledge that you have read and understand, the terms and conditions of this Agreement.

1. Scope of Agreement

This Agreement governs your use of the Service. The Service allows you to use a compatible camera-enabled mobile phone or device (“Mobile Device”) to scan original checks or other deposit items that meet our required standards (“Checks”) and electronically transmit images of the Checks and associated deposit information to the Bank for deposit to your designated account(s). The Service converts your scanned Checks into substitute checks, in accordance with the Check Clearing for the 21st Century Act (“Check 21 Act”) and Federal Reserve Board Regulation CC (“Regulation CC”), to facilitate the deposit and collection of such Checks. You agree that the Bank shall determine in its sole discretion the manner in which Checks are cleared or presented for payment, including without limitation, by substitute check, Automated Clearing House (“ACH”), or image exchange.

The terms and conditions in this Agreement are in addition to, and do not cancel, supersede or replace your application to use the Service, our notification of approval of your application, your Bank Account Agreement, or any other agreements, rules, disclosures, procedures, standards, policies, or signature cards relating to your deposits, loans, services, or other business relationships with the Bank. Additionally, your use of the Service will be subject to all of the terms or instructions which may appear on-screen when you access the Service, or in user guides, and/or other information or documentation that the Bank may provide to you from time to time regarding the Service. Your use of the Service is also subject to, and you agree to comply with, the applicable rules and regulations of the National Automated Clearing House Association (NACHA), all other applicable clearing house rules, regulations, operating circulars and agreements, the Check 21 Act, Regulation CC, Office of Foreign Assets Control sanction laws, the Bank Secrecy Act, the USA PATRIOT Act, the Uniform Commercial Code as enacted in Pennsylvania, and all other applicable state and federal laws and regulations, all as amended from time to time.

2. Hardware and Software Requirements for the Service

In order to use the Service, you must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time.

We are not responsible for providing, maintaining or servicing your Mobile Device or any other equipment for you. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements.

Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. We are not responsible for any third party software that you may need to use the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation.

We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

3. Check Requirements

a) Information on the Check. Any image of a Check that you transmit through the Service must accurately and legibly provide all of the information on the front and back of the Check at the time it was presented to you. You must endorse the original Check with a restrictive endorsement before scanning it by applying your signature and the legend, “For mobile deposit to Customers Bank Only.” You authorize the Bank to supply an endorsement on your behalf for deposit to your account if a Check is missing or has an improper endorsement.

You agree that the scanned image of each Check shall provide the following information: (1) identification of the drawer and the paying bank that is preprinted on the Check, including complete, full-field, and accurate MICR (magnetic ink character recognition) line, routing transit number, number of the account on which the Check is drawn, and drawer signature(s); (2) amount, payee, date, Check number; and (3) other information placed on the Check before imaging, such as any required identification written on the front of the Check and any endorsements applied to the back of the Check.

b) Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit, any Checks that:

i) are payable to any person other than you;

ii) are issued by you, or by any other person on any of your accounts or any account on which you are an authorized signer or joint account holder, or any account of any business entity of which you are a principal, officer or authorized signer;

iii) contain obvious alteration to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder;

iv) are substitute checks as defined by Check 21 or IRDs (image replacement documents) that purport to be substitute checks and which have been previously endorsed by a financial institution;

v) are drawn on a financial institution located outside the United States or are not payable in United States currency;

vi) are dated more than six (6) months prior to the date of deposit;

vii) have a duplicate MICR code line;

viii) are missing or have an invalid or incorrect routing number;

ix) are photocopies or otherwise not original paper Checks when they are scanned;

x) are issued to multiple parties;

xi) are third party or second endorsed Checks;

xii) do not qualify as “original checks” as defined in Regulation CC.

In the event that you breach any of these representations or warranties, you agree to indemnify, defend and hold the Bank, its affiliates, and its and their trustees, directors, officers, employees, service providers and agents harmless from any and all claims, actions, proceedings, judgments, losses, costs, damages, expenses and liabilities (including reasonable attorneys’ fees and costs) we may suffer or incur as a result of any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC and/or the Uniform Commercial Code.

c) Image Quality. Both the front and back of each Check must be transmitted to the Bank as provided in any instructions provided to you by the Bank or the Service, including on-screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where:

i) the front and/or back image is too large or too small;

ii) the front and/or back image is too light or too dark;

iii) the front and back images have a dimension or other mismatch or discrepancy;

iv) the image has torn or folded edges, cut corners, or other damage; or

v) the image does not comply with the standards for image quality established from time to time by the American National Standard Institute (ANSI), the Federal Reserve Board, any other regulatory agency, clearing house or association, or by us, or by applicable law.

4. Rejection of Deposits by the Bank

After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement.

You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits.

The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned.

You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for remote deposit, you may be required to physically deposit the original Check.

5. Checks Returned Unpaid

You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you.

In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned.

You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check.

You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.

6. Your Duty to Report Errors

The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check.

You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement.

You may notify us by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or calling us at 866-476-2265.

You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.

7. Availability of the Service

The Service is generally available 7 days a week, 24 hours a day. However, you agree that at certain times the Service may not be available due to system maintenance or technical difficulties, including those of the wireless service provider, the software, or circumstances beyond our control. If you are not able to use the Service to make deposits you may physically mail or deliver your deposits to the Bank through our branches or through certain of our ATMs. Deposit of original Checks at a branch of the Bank or an ATM shall be governed by the terms and conditions contained in your Bank Account Agreement and not by the terms of this Agreement. The Bank is not responsible for providing an alternate method of remote deposit if the Service is not available.

8. Funds Availability

The funds for the Checks that you deposit through the Service may not be immediately available to you. The funds for all accepted Checks will be available in accordance with the Bank’s Funds Availability Disclosure, as amended from time to time, a copy of which is incorporated by reference into this Agreement. You can view the document on our website, www.customersbank.com In order to determine the availability of your funds, you will need to determine the date and time that the Checks and all required data and information are received by the Bank. You understand and agree that we shall not be deemed to have received a Check deposit through the Service until we notify you via onscreen messaging and/or e-mail that we received the Check deposit. You understand and agree that, for purposes of deposits made using the Service, the place of deposit is Malvern, PA.

The deposit cut-off time for the Service is 7:00 PM Eastern Standard Time (EST). The Bank reserves the right to change the cut-off time in its sole discretion. Such change shall be effective immediately and may be implemented before you receive notice of the change. You may contact us at any time to verify our current cut-off time.

If you complete the scanning and transmission process, Checks that you deposit before the cut-off time on our business days will be considered as received that same business day. Checks that are received by us through the Service after the cut-off time on a business day, or on any day that is not a business day, will be considered as received by us on the next business day. For purposes of determining when a deposit is received, the Bank’s records shall be determinative.

You agree that it is your responsibility to understand and build into your transmission schedules the appropriate deadlines necessary to meet our funds availability schedule and time changes associated with Daylight Savings Time.

9. Storage, Security and Destruction of Original Checks

You agree that once a Check has been deposited through the Service, the original Check is your property and not the property of the Bank. You shall securely store the original Check for a reasonable period, not to exceed ninety (90) days, after you receive a deposit receipt through the Service that the Check has been accepted. While the original Check is in your possession, you agree to use a high degree of care to safeguard the original Check and related files against security risks. Security risks include, without limitation, the theft or reproduction of the original Check or unauthorized use of the information on the Check or in the file. You shall take appropriate security measures to ensure that: a) only authorized persons shall have access to the original Check; b) the information contained on the Check shall not be disclosed to unauthorized persons; and c) the original Check will not be duplicated, will not be scanned more than one time, and will not be presented, deposited or negotiated again in any way. Upon request by the Bank you will promptly provide to the Bank a retained original Check, or a sufficient copy of the front and back of the Check in form acceptable to us, to aid in the clearing and collection process, or to resolve claims by third parties, or for our audit or fraud loss prevention purposes.

After the ninety (90) day retention period expires, you shall destroy the original Check by shredding it or by any other permanent deletion manner that does not allow the original Check to be accessed by an unauthorized person(s) and in a manner that the original Check is no longer readable or capable of being reconstructed. After destruction of an original Check, the image will be the sole evidence of the original Check.

You agree to be responsible to us for any losses, costs, expenses, and damages we may incur as a result of your failure to comply with the provisions of this Section.

10. Prohibition Against Presenting Checks More Than Once

Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank, its affiliates, and its and their trustees, directors, officers, employees, service providers and agents harmless from any and all third party claims, actions, proceedings, judgments, losses, costs, damages, expenses and liabilities (including reasonable attorneys’ fees and costs) we may suffer or incur with respect to such Check or substitute check.

You agree that we may debit from your Bank account the aggregate amount of any Checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.

11. Deposit Limits

The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current daily deposit limit is $5,000 per day.

12. Compliance with Law; Prohibited Activities

You agree to use the Service for lawful purposes and in compliance with all applicable laws, rules and regulations.

You are prohibited from engaging in, and you represent and warrant to the Bank, that you do not and shall not engage in, any business or activity that: a) would result in your being or becoming a money service business that regularly cashes third party checks, sells money orders, or handles wire transfers or other financial services for third parties; b) would result in your accepting restricted transactions in connection with another person in unlawful Internet gambling; c) would result in the Bank being used as a conduit for money laundering or other illicit purposes; or d) would directly or indirectly result in any activity or use of the Service that may be illegal or fraudulent.

13. Your Financial Information

The Bank may request financial and other information from you from time to time in order to evaluate the risks of providing the Service to you. You agree to promptly provide any such financial and other information we request. You authorize the Bank to review your financial information, including consumer reporting agency reports, before we authorize you to use the Service and for as long as you use the Service. If you do not provide any requested financial or other information, or if we determine that the credit, security or other risks of continuing to provide the Service to you are not acceptable, we may immediately terminate your access to the Service without prior notice.

14. Bank’s Duties and Responsibilities

Our duties and responsibilities are limited to those described in this Agreement, your Bank Account Agreement, and any other agreements governing your account(s). We shall exercise reasonable due care in performing our responsibilities under this Agreement. We agree to transmit all the financial data under our control that is required for you to use the Service and to act on appropriate instructions that we receive from you in connection with the Service. We shall not otherwise be liable or responsible for any loss you incur or damage you suffer as a result of any unauthorized person accessing or using the Service.

You agree that implementation by us of our standard procedures for maintaining the confidentiality of customer information, and where practicable, our obtaining similar undertakings from any third parties who are engaged in installing, maintaining, or operating the Service, shall constitute fulfillment of our obligation to exercise reasonable due care. You assume full responsibility for the consequences of any misuse or unauthorized use or access to the Service or disclosure of any of your confidential information or instructions by your employees, agents, or other third parties.

We shall not be responsible for suspension of performance of all or any of our duties or responsibilities under this Agreement if at any time, or from time to time, such performance is prevented or hindered by, or is in conflict with, any federal or state law, regulation or rule, or court order. We shall not be responsible or liable for any loss you incur or damage you suffer in the event of any failure or interruption of the Service or any part of the Service, resulting from the act or omission of any third party, or from any other cause or circumstance not reasonably within our control.

15. Service Fees

Currently we do not impose any fees for the Service. We reserve the right in our sole discretion to impose fees for the Service in the future and we will notify you of any such fees, in the manner and to the extent required by this Agreement and by law. Your use of the Service after the effective date of any fee changes shall constitute your agreement to such fee changes. You also understand and agree that you are responsible for any wireless service provider charges and any and all other fees and charges that you may incur by accessing and using the Service.

16. Your Representations and Warranties

In addition to your representations and warranties contained in other provisions of this Agreement, you represent and warrant that:

a) Each image of a Check you transmit to us is a true and accurate rendition of the front and back of the original Check, without any alteration, and the drawer of the Check has no defense against payment of the Check.

b) You are authorized to enforce each Check you transmit for deposit or are authorized to obtain payment for each Check on behalf of a person entitled to enforce such transmitted Check.

c) You are solely responsible for any and all financial risk that may be associated with your use of the Service, including without limitation the risk that a Check will be returned for insufficient funds.

d) You are solely responsible for the instructions you provide to the Bank and for failing to properly access or use the Service, including without limitation input errors.

e) You will not deposit or otherwise endorse to a third party the original Check, and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original Check or a paper or electronic representation of the original Check such that the person will be asked to make payment based on an item that has already been paid.

f) You will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

If you breach any of these representations and warranties, you agree to indemnify, defend and hold the Bank, its shareholders, parents, subsidiaries, affiliates, officers, directors, employees, service providers, agents, and its and their successors, heirs and assigns harmless from and against any and all third party claims, actions, proceedings, judgments, losses, costs, damages, expenses and liabilities (including reasonable attorneys’ fees and costs) with respect to such breach. You further authorize the Bank to debit your account for the amount of any such claim, suit or demand that results from a breach of warranty claim under the provisions of Check 21, Regulation CC, and/or the Uniform Commercial Code. You will maintain funds in your account(s) in amounts and for a period of time as we determine in our sole discretion to cover any outstanding Checks and your obligations for returns of Checks, warranty claims, fees and other obligations. If any such liabilities exceed the amount in the applicable account(s), we may charge such excess against any of your other accounts at the Bank, and you will pay us any amount remaining unpaid immediately upon our demand.

17. Mobile Deposit Security; Data Security

You understand that Check images captured using your Mobile Device are stored on the Mobile Device only until the associated deposit has been successfully submitted. You agree to promptly complete each deposit. In the event that you are unable to promptly complete your deposit, you agree to ensure that your Mobile Device remains securely in your possession until the deposit has been completed or to delete the associated images from the application.

It is your responsibility to notify us immediately by telephone at 866-476-2265 with written confirmation if you learn of any loss or theft of original Checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction.

You agree to protect the confidentiality of your account and account number, your data, and your personal identification information. Notwithstanding our efforts to ensure that the Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including e-mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service or e-mail transmitted to and from us, will not be monitored or read by others.

18. Proprietary Rights

You acknowledge and agree that the Bank and its service providers retain all ownership and proprietary rights in and to the Service, associated content, technology and website(s). You are permitted to use the Service only as expressly authorized by this Agreement. In addition, you agree that you will not: a) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service; b) copy or reproduce all or any part of the technology or Service; or c) interfere, or attempt to interfere, with the technology or the Service.

19. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.

YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS.

YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE.

20. Limitation of Liability

The Bank shall not be liable to you for any damages or losses that you may suffer or incur in connection with the Service, including, without limitation, any failure to provide, or delay in providing, access to the Service, except: a) as specifically stated in this Agreement; or b) to the extent such damages or losses are solely and proximately caused by our gross negligence or willful misconduct.

Without limiting the foregoing, we shall not be liable to you for any of the following: a) any damages, losses, costs or other consequences caused by our actions that are based on information or instructions you provide; b) any unauthorized actions initiated or caused by you or your employees, agents or representatives; c) any refusal of a payor financial institution to pay a Check for any reason (other than that caused by our gross negligence or willful misconduct), including without limitation, that the Check was unauthorized, counterfeit, altered, or had a forged signature; d) your or any other parties’ inability to transmit or receive data; e) if you do not comply with your representations or warranties in this Agreement.

Our liability for errors or omissions with respect to the data transmitted or printed by us in connection with this Agreement will be limited to correcting the errors or omissions. Correction will be limited to reprocessing, reprinting and/or representing the Checks to the payor financial institution.

The limitations of liability and remedies in this Section are in addition to, and not in lieu of, other limitations or remedies contained elsewhere in this Agreement.

NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT OR ANY BANK ACCOUNT AGREEMENT OR ACCOUNT DISCLOSURES TO THE CONTRARY, YOU AGREE THAT IN NO EVENT WILL THE BANK OR ANY THIRD PARTY SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE OR ANY THIRD PARTY SERVICE PROVIDER HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE PROVIDED BY LAW.

YOU ACKNOWLEDGE THAT, IN PROVIDING THE SERVICE, THE BANK MAY UTILIZE AND RELY UPON CERTAIN THIRD PARTY SERVICE PROVIDERS TO PROVIDE SERVICES TO THE BANK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS UNDER THIS AGREEMENT SHALL BE SOLELY AND EXCLUSIVELY AGAINST THE BANK, AND YOU SHALL HAVE NO RIGHT OR RECOURSE AGAINST ANY THIRD PARTY SERVICE PROVIDER HEREUNDER WHATSOEVER, AND YOU HEREBY WAIVE ANY AND ALL SUCH RIGHTS OR RECOURSE, DIRECTLY OR INDIRECTLY, AGAINST ANY THIRD PARTY SERVICE PROVIDER.

21. Termination

a) How to Cancel the Service. If you wish to cancel the Service, you must notify the Bank, and you must also discontinue using the Service at that time. You may notify us by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or calling us at 866-476-2265.

b) Closing your Bank Accounts. If you close all of your Bank accounts, you must notify the Bank’s Online Banking Department to cancel the Service and you must terminate your use of the Service at that time.

c) Bank Termination of Use or Access. We will not in any way be obligated to grant you use of or access to the Service if: (1) such use or access is not in accordance with any term or condition applicable to the Service; (2) such use or access is not permitted by any state or federal law or regulation; (3) the Bank has reasonable cause to believe that such use or access may not be authorized by you or any third party whose authorization the Bank believes is necessary for such use or access; or (4) the Bank has reasonable cause to deny such use or access for your or our protection.

d) Bank Termination of the Agreement. The Bank reserves the right in its sole discretion at any time to terminate this Agreement and therefore to limit or terminate your use of or access to the Service at any time, with or without cause and without prior notice. The Bank will not have liability to you for any losses or damages you may suffer or incur as a result of any such limitation or termination.

Any termination will not affect our obligations arising prior to termination, such as the obligation to process any Checks (including returned Checks) that were in the process of being transmitted or collected prior to the termination date. Termination will not affect your liability or obligations under this Agreement for transactions that have been processed through the Service for you. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination.

In addition, you will keep your account(s) at the Bank open, and you will maintain funds in such account(s) in amounts and for a period of time as we determine in our sole discretion to cover any outstanding Checks and your obligations for returns of Checks, warranty claims, fees and other obligations. If any such liabilities exceed the amount in the applicable account, we may charge such excess against any of your other accounts at the Bank, and you will pay us any amount remaining unpaid immediately upon our demand. You will also continue to retain original Checks and forward Checks to the Bank on our request in accordance with the provisions of this Agreement.

22. Your Indemnification Obligation

You understand and agree that you are required to indemnify, defend and hold the Bank, its affiliates, and its and their trustees, directors, officers, employees, service providers and agents harmless from any and all claims, actions, proceedings, judgments, losses, costs, damages, expenses and liabilities (including reasonable attorneys’ fees and costs) we may suffer or incur as a result of your use of the Service and/or breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

23. Waivers

The Bank will not be deemed to have waived any of its rights or powers under this Agreement unless such waiver is in writing and such writing is signed by an authorized representative of the Bank. No delay, extension of time, compromise, or other indulgence that may occur or be granted from time to time by the Bank under this Agreement will impair our rights or powers under this Agreement.

24. Amendment

We reserve the right to modify the Service from time to time without prior notice to you. However, we will mail or deliver a written notice to you at least twenty-one (21) days in advance of the effective date of any additional or increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers, or stricter limits on the type, amount or frequency of transactions. In addition, if an immediate change is necessary to maintain the security of the system and it can be disclosed without jeopardizing the security of the system, we will provide you with written notice within thirty (30) days after such change. In most cases you will receive the notice online through the Service; however, the Bank reserves the right to notify you by e-mail or by U.S. Postal Service mail, in its discretion. You may decline a change by notifying us prior to the change’s effective date to discontinue the Service. If you do not accept and agree to the change, you will not be entitled to use the Service.

However, if you do not terminate your Service and you use it on or after the effective date of the change(s), you will be deemed to have accepted and agreed to the change(s), and they and the Agreement, as amended, will become legally binding upon you.

25. Notices

All notices from the Bank to you shall be in writing and shall be made either via e-mail, U.S. Postal Service mail or messages delivered through the Service, at our discretion. Any written notice that we give to you will be effective when it is deposited in the U. S. mail or delivered to you to the e-mail address in our records or posted for you online through the Service. If your Account is a joint or multiple party account, notice from us to any one of you is notice to all of you.

Unless otherwise provided in this Agreement, any notice from you to the Bank must be in writing. Any written notice that you give us will be effective when it is actually received by us, provided we have reasonable opportunity to act on it. You may notify us by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or telephoning us at 866-476-2265.

26. Assignment

You may not assign any of your rights, duties and obligations under this Agreement. We may assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors, service providers, or other third parties.

27. Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction. You hereby consent and agree that the courts of the Commonwealth of Pennsylvania located in Berks County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania located in Reading, Pennsylvania are the exclusive forums for litigation of any claim or counterclaim by you arising under or related to this Agreement.

28. Severability

If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of such provision in other jurisdictions, and of the remaining provisions of this Agreement in all jurisdictions, will not in any way be affected or impaired.

29. Entire Agreement

The terms of your Bank Account Agreement and all other agreements you have with the Bank pertaining to your account(s) are incorporated by reference and made a part of this Agreement. In the event of any inconsistency between such agreements, the provisions of this Agreement shall control to the extent necessary. You agree that the most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us. Any prior or contemporaneous agreements, representations, statements, negotiations, undertakings, promises or conditions, whether oral or written, with respect to the Service which conflict with the provisions in this Agreement are superseded by this Agreement.

10) TERMS AND CONDITIONS FOR e-STATEMENT SERVICE

This e-Statement Service Agreement (“Agreement”) is a contract that governs your ability to receive periodic statements on your accounts electronically by means of an online electronic statement (“e-Statement”) service provided by Customers Bank (the “Service”). In this Agreement the terms “Bank,” “we,” “us,” and “our” refer to Customers Bank, and the terms “you” or “your” refer to the account holder authorized by the Bank to use the Service and anyone else who uses the Service with the permission of the account holder. By using the Service, you agree to, and acknowledge that you have read and understand, the terms and conditions of this Agreement.

1. Scope of Agreement

This Agreement governs your use of the Service. The terms and conditions in this Agreement are in addition to, any other Bank account agreements (including, without limitation, our Online Banking Access Agreement), rules, disclosures, procedures, standards, policies, or signature cards relating to your deposits, loans or other business relationships with the Bank (collectively, the “Account Disclosures”). Except as specifically provided in this Agreement, all of the terms, conditions, agreements, disclosures, and fees set forth in the Account Disclosures, as the Bank provides and updates them from time to time, shall remain in full force and effect. If this Agreement conflicts with another agreement or Account Disclosure we have with you, then this Agreement will control and take precedence, only with respect to the Service and only to the extent necessary to resolve the conflict or inconsistency.

Additionally, your access to and use of the Service will be subject to all of the terms or instructions that may appear on a screen when you access the Service, and applicable state and federal laws and regulations.

2. Eligibility for the Service

In order to use the Service you must be a current Customers Bank Online Banking customer, and you must have previously consented to receive disclosures electronically. You must be an authorized signer on one or more of our deposit accounts that are eligible for the Service. Most of our deposit accounts that have recurring periodic statements, such as checking, savings, and money market accounts, are eligible for the Service. From time to time we may make other types of accounts eligible for the Service. You may contact us to find out which of your account(s) are eligible by writing to Customers Bank, 40 General Warren Blvd. Suite 200, Malvern, PA 19355, or calling us at 866-476-2265.

3. Description of the Service

The Service allows you to access an electronic version of your paper deposit account periodic statement as a PDF (portable document format) that you can view on our Online Banking website, save to your computer, and/or print for your records. You acknowledge that the e-Statement PDF is an official statement of record, which is the legal equivalent of the paper written document. If you currently receive images of your cancelled checks with your paper statements, you may also view, save and print online images of the individual checks that posted to your account during the statement period. We may continue to deliver to you by U.S. Postal Service mail any legal notices or disclosures that relate to your statements and/or your accounts, such as overdraft/insufficient funds or return item notices and notices of change of terms. From time to time, we may enhance, modify, or delete any feature of the Service in our sole discretion, with appropriate notice to you.

4. Activation of the Service

You may activate all of your eligible account(s) for the Service and consent to the delivery of electronic statements for said account(s) in the following manner: (a) log-in to our Online Banking website at www.customersbank.com; (b) click on the Statements link on the drop-down menu and then carefully read all of the terms and conditions of this Agreement; (c) read the on-screen instructions for accepting or declining the Agreement; (d) if you decide to accept the Agreement, follow the applicable on-screen prompts in order to indicate your acceptance.

The acceptance by any authorized signer on an eligible account is sufficient to activate the Service for all of your eligible account(s). Once you accept the Agreement and activate the Service, we will stop mailing your paper statements to you for all of your eligible account(s). There may be a delay of up to two full statement cycles before you stop receiving the paper statements in the mail.

5. Accessing Your e-Statements

In order to use the Service, you will need a computer and computer software that meets the requirements provided earlier in our Online Banking Access Agreement, as amended from time to time. You will also need a current version of Adobe Acrobat Reader in order to view, save and/or print your e-Statements. To print your e-Statements and, if applicable, check images you will also need access to a compatible printer. We reserve the right to change the required software for the Service from time to time with appropriate notice to you.

6. e-Statement Alerts

Each statement cycle, when your statement is available through the Service, we will send you an e-mail or text alert to your email address or text capable phone number listed in our records. In order to receive e-Statement alerts, it is your responsibility to update us promptly with any change in your email address or in other information needed to contact you electronically. We do not guarantee the delivery of alert notices, and we are not responsible for email delivery failures beyond our control, including without limitation, incorrect or invalid email address, rejection by your spam filter, or malfunction of your Internet Service Provider, hardware or software. Any alert or other communication will be deemed to be received by you within three (3) calendar days of the date we electronically sent it you, regardless of whether you sign in to our Online Banking service within that time frame. If you have elected to receive your statements through the Service and not have paper statements mailed to you by the U.S. Postal Service, you agree to maintain a working Login ID and password to enable you to sign in to our Online Banking website at least once a month to review your e-Statements.

7. Consent for Electronic Delivery of Statements

By accepting this Agreement and then activating your account(s) for the Service, you consent to the electronic delivery of your statements for all of your activated eligible account(s), including any check images normally included with your paper statements. You agree that we may, at our option, apply your current online statement delivery elections for an existing account to any eligible account that replaces it. We always reserve the right to communicate with you in writing by U.S. Postal Service mail, regardless of what other delivery options you may have chosen through our Online Banking service and/or this Service.

8. Withdrawing Your Consent; Cancelling the Service

At any time you may withdraw your consent for electronic delivery of your statements and request us to mail your paper statements again by updating your preference in consumer online banking. If you cancel the Service, delivery of your paper account statements by U.S. Postal Service mail will resume within two statement cycles. Statements that we already provided to you through the Service will not be redelivered to you as paper statements. However, you may request copies of your previous statements. Fees may apply for copies; please see your current Bank Account Agreement and accompanying Fee Schedule.

9. Service Fees and Additional Charges

There are no Bank fees to use the Service. If in the future the Bank decides to charge fees for the Service, we will provide you with at least 21 days advance written notice of any such change.

Notice may be provided by mail to your address of record, and/or via email, if applicable. Fees separately disclosed in our Fee Schedule and other Account Disclosures, as amended from time to time, may apply to specific services and accounts. You also agree to be responsible for any telephone and Internet service provider charges that you may incur by accessing your statements through the Service.

10. Limitation of Liability

The Bank will not be liable to you for any damages or losses suffered or incurred by you in connection with the Service, or any failure to provide, or delay in providing, access to the Service, except (1) as specifically stated in this Agreement, (2) to the extent such damages or losses arise directly from the gross negligence or willful misconduct of the Bank, or (3) as otherwise provided in your Bank Account Disclosure. Notwithstanding any provision of this Agreement or any Bank Account Agreement or Account Disclosure to the contrary, IN NO EVENT WILL THE BANK OR ANY SERVICE PROVIDER HAVE LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES OR LOSSES WHETHER ANY CLAIM FOR SUCH DAMAGES OR LOSSES IS BASED ON TORT OR CONTRACT OR WHETHER THE BANK OR ANY SERVICE PROVIDER KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCE.

11. Disclaimer of Warranty

NEITHER THE BANK NOR ANY THIRD PARTY PROVIDER MAKES ANY EXPRESS OR IMPLIED WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE, AND NEITHER THE BANK NOR ANY THIRD PARTY PROVIDER MAKES ANY OTHER WARRANTY, PROMISE, COMMITMENT, GUARANTEE, OR REPRESENTATION WITH RESPECT TO THE SERVICE EXCEPT THOSE WARRANTIES, PROMISES, COMMITMENTS, GUARANTEES, OR REPRESENTATIONS SPECIFICALLY STATED IN THIS AGREEMENT OR YOUR BANK ACCOUNT AGREEMENT.

12. Indemnity

You understand and agree that you are required to indemnify, defend and hold the Bank, its affiliates, and its and their trustees, directors, officers, employees, service providers and agents harmless from any and all claims, actions, proceedings, judgments, losses, costs, damages, expenses and liabilities (including reasonable attorneys’ fees and costs) we may suffer or incur as a result of your use of the Service and/or breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

13. Waivers

The Bank will not be deemed to have waived any of its rights or powers under this Agreement unless such waiver is in writing and such writing is signed by an authorized representative of the Bank. No delay, extension of time, compromise, or other indulgence that may occur or be granted from time to time by the Bank under this Agreement will impair our rights or powers under this Agreement.

14. Amendments

We reserve the right to change the fees, charges or other terms described in this Agreement from time to time without notice, except as may be required by law. However, we will mail or deliver a written notice to you at least twenty-one (21) days in advance of the effective date of any additional or increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers, or stricter limits on the type, amount or frequency of transactions. In addition, if an immediate change is necessary to maintain the security of the system and it can be disclosed without jeopardizing the security of the system, we will provide you with written notice within thirty (30) days after such change.

You may decline a change by notifying us prior to the change’s effective date to discontinue the Service. However, if you fail to terminate your Service and you use it on or after the effective date of the change, you will be deemed to have accepted and agreed to the changes, and they will become legally binding upon you.

15. Assignment

You may not assign any of your rights, duties and obligations under this Agreement to any other party. The Bank may assign this Agreement to any future, directly or indirectly, affiliated company. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

16. Governing Law; Venue

This Agreement shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction. You hereby consent and agree that the courts of the Commonwealth of Pennsylvania located in Berks County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania located in Reading, Pennsylvania are the exclusive forums for litigation of any claim or counterclaim by you arising under or related to this Agreement.

17. Severability

If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of such provision in other jurisdictions, and of the remaining provisions of this Agreement in all jurisdictions, will not in any way be affected or impaired.