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Online Banking Agreement and Disclosure

Our Agreement

This Online Banking Agreement and Disclosure Statement (the "Agreement") provides the terms and conditions governing the use of online banking service offered by SussexBank. It describes your rights and obligations as a user of SussexBank's Online Banking. It also describes the rights and obligations of SussexBank. This Agreement is a contract between you and SussexBank. You are also required to follow all instructions and procedures, including material in our Frequently Asked Questions (FAQs), applicable to the Services covered by this Agreement.

By using the Services, you agree to abide by and be bound by the terms and conditions of this Agreement. We reserve the right to amend or terminate this Agreement and the Services at any time.

"We", "Us", "Our" and "Bank" refer to SussexBank. "You" refers to you who uses an Online Banking User ID and/or an Online Banking Password to access any account or service offered by SussexBank.

By directing SussexBank, through the use of any Online Banking service initiated with your User ID and Password, to transfer funds or make a payment of any kind, you authorize SussexBank to withdraw from the designated account the amount of funds required to complete the transaction. Any requests or instructions we receive from you through Online Banking using your User ID and Password shall constitute writings with your signature as provided under all applicable law, and shall have the same force and effect as a writing signed by you. This includes requests with respect to funds in your account, stop payment orders, or any other communication you provide us through Online Banking using your User ID and Password

Questions or Concerns

If you have any questions regarding this Agreement or SussexBank Online Banking services we offer, you may reach us by telephone during our normal business hours at (973) 383-2211 option #3 or email us securely from our website www.sussexbank.com.

Definitions

A request for Online Banking services may access any account on which you are listed as an owner, joint owner, trustee or custodian. For joint accounts, one or more account holders may request Online Banking services and each will have their own User ID and Password. Regardless of whether one or more account holders of a joint account subscribe to the Online Banking services, each account holder agrees that any account holder has the authority to use the Online Banking services. All account holders agree to be jointly and severally liable under the terms of this Agreement and all other agreements which govern your account.

    "Customer" is defined as the individual or entity using any of the services of SussexBank's Online Banking services.

    "Customer Instruction" is defined as any request or instruction that is received by SussexBank through Online Banking or any Online Banking service.

    "Online Banking Services" is defined as Online Banking and Bill Payment.

    "Linked Accounts" is defined to include all accounts of the Customer that are linked together and accessible through Online Banking.

    "Bill Pay Account" is defined as the checking account the Customer designates as their account to be debited for bill payment and service charges/fees.

    "Business Day" is defined as every day except Saturdays, Sundays, and Bank holidays.

Accessing Online Banking

Online Banking services may be accessed online through our Website www.sussexbank.com

Communicating with SussexBank

In all your electronic communications with SussexBank, we request that you use an Internet browser that provides appropriate security for you and for us. As a PC user this means that you should use Microsoft's Internet Explorer 7.0 or Firefox version 3 or higher. MAC users should use Safari 1.0 and higher. These browsers support secure transactions over the Internet using Secure Socket Layer (SSL) protocol. If you do not use a browser meeting these standards, we may, at our option, reject any messages we receive. These browsers may be downloaded without cost from www.microsoft.com or www.mozilla.com or www.apple.com. SussexBank assumes no responsibility for, and expressly disclaims any liability for loss or damage arising from the functionality or operation of your computer, software and/or connectivity, from your connection to SussexBank Online Banking, or from your downloading browsers from the above mentioned sites.

 

Computer requirements

To use SussexBank Online Banking, you will need a personal computer equipped with an Internet Web browser that supports Secure Socket Layer (SSL) and have an email address.

Enrolling in Online Banking Services

You may enroll either by completing the online application form or by stopping in to a SussexBank branch and complete the Online Banking Application Form at that location. By using the Online Banking service you agree to be bound by the terms of this Agreement. SussexBank, at its sole discretion, reserves the right to refuse to accept any existing or new customer for Online Banking.

Getting Started

Once we have received your application, verified your account information, and approved your application we will send you by postal mail, confirmation of our acceptance of your enrollment. You will receive an Online Banking User ID and a temporary Online Banking Password. Your initial use of Online Banking constitutes your acceptance and agreement to be bound by all terms and conditions of the Agreement as well as all other applicable disclosures, schedules, and agreements, as each may be amended from time to time.

ID and Password Security

The Bank is not responsible for any breach of security, or resulting loss or damage, caused by your failure to properly safeguard the confidentiality of your User ID(s) and Password(s). We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder, and will treat each transaction using your User ID and Password as authorized by you. It is your responsibility to immediately change your Password and notify the Bank if you believe it is lost, stolen or compromised. Therefore, you agree to release SussexBank from any and all liability, and agree not to make any claim against SussexBank or bring any action against SussexBank, relating to its honoring or allowing any business or transactions conducted by any person under your Password or acting upon messages or authorizations provided to us using your Password.

When SussexBank first commences your SussexBank Online Banking, we will establish access for you using a temporary Password. You will be required to change your Password upon your first login and regularly thereafter. You agree that you will not under any circumstances disclose your Login ID and Password to anyone, including anyone claiming to represent SussexBank. We acknowledge that no one from SussexBank will ever ask you for your Password, and that SussexBank employees do not need your Password for any reason.

SussexBank is entitled to act upon instructions we receive with respect to any SussexBank Online Banking service under your User ID and Password. You are liable for all transactions made or authorized with the use of your Password (except as your liability may be limited by law). SussexBank has no responsibility for establishing the identity of any person who uses your Password. You agree that if you give your Password to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your Password will be able to view and have access to your accounts. You agree that the use of the User ID and Password constitutes a "commercially reasonable" security procedure for the verification of the authenticity and accuracy of transactions initiated through the service.

In order to protect yourself against fraud, you need to adhere to the following guidelines:

  • Do not give out your account information, Password, or User ID.
  • Do not leave your PC unattended while you are on the Bank's Online Banking site.
  • Your Password should not be associated with any commonly known personal identification, such as social security numbers, addresses, date of birth, names of children, and should be memorized rather than written down. We recommend that you create a Password that utilizes both upper and lower case alpha and numeric characters for purposes of security.
  • Never leave your account information within range of others to view.
  • Do not send privileged account information (account number, Password, etc.) in any public or general email system.

FOR SECURITY REASONS, WE DO REQUIRE THAT ALL PASSWORDS BE CHANGED EVERY 360 DAYS

Your access to Online Banking will be locked in the event your login User ID or Password is entered incorrectly on three (3) consecutive attempts. If this occurs, you can re-establish your authorization to use Online Banking by clicking the Password Reset next to the password field under your user ID when logging in. You must already have the reset questions completed under the options tab before this feature can be used. You can also contact SussexBank at (973) 383-2211 option #3, 8:00 a.m. to 5:00 p.m. (EST), Monday through Friday.

Lost, Stolen, or Compromised Password

If you believe your User ID and Password have been lost or stolen or if you believe that someone has conducted transactions from your account without your permission, please immediately change your Password on the Online Banking Options page and call SussexBank at (973) 383-2211 option #3, 8:00 a.m. to 5:00 p.m. (EST), Monday through Friday, or securely email us from our website www.sussexbank.com. Failure to notify us immediately could result in the loss of all money accessible by the Password.

Account Access

Online Banking can be used to access only the SussexBank accounts that you have designated on your Application Form. You can add or delete SussexBank accounts to or from Online Banking, subject to verification and approval by us. If at any time you wish to add, change, or delete any of your accounts linked to Online Banking, you must provide us with advance written notice via an electronic message (email type) within your SussexBank Online Banking session, postal mail, secure email from our website or in person by completing an Account Change Authorization. If you close the account designated by you as your Bill Pay Account on your Online Banking application form, you must contact us immediately to designate a replacement account as the Bill Pay Account. Be aware, however, that all accounts designated may be accessed and viewed by any party having access to the User ID and Password, even if that person is not a designated owner of the account or if such person does not have access rights other than electronically through Online Banking. We undertake no obligation to monitor transactions through SussexBank Online Banking to determine that they are made on behalf of the account holder, and will treat each transaction using your User ID and Password as authorized by you. Remember, it is your responsibility to notify the Bank if your Password is lost, stolen or compromised.

Services Available with SussexBank Online Banking

You can use SussexBank Online Banking to check the balance of your SussexBank accounts, view SussexBank account histories, transfer funds between your SussexBank accounts, place stop payment requests, pay bills and make payments to virtually anyone in the United States. You can use SussexBank Online Banking seven days a week, twenty-four hours a day. There will however, be occasions when some or all SussexBank Online Banking services may not be available due to emergency or scheduled system maintenance. We will attempt to post notice of any extended periods of non-availability.

Limitations on Frequency of Transfers and Dollar Amounts

The number of transfers from SussexBank accounts and the amounts, which may be transferred, may be subject to certain limits pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. Transfers from a linked line of credit account are subject to the terms of the credit agreement. You may not make a transfer in excess of the dollar amount in your account.

Authority to Transfer Funds

You agree that if there is a requirement to verify two or more signatures on checks, withdrawals, or transfers of funds, that requirement does NOT apply to online transfers of funds between linked accounts, or Bill Payments using SussexBank's Online Banking Services.

Transfer Processing

This table refers to processing times applicable to the Transfer service used to make transfers between SussexBank accounts. We process transactions and update information only on Bank business days. Our business days are Monday through Friday. Saturday's, Sunday's and Bank holidays are not business days. This table may be amended at SussexBank's discretion.

Date of Transfer Request

Date Transfer will be made

One-time transfers

On a Business Day before 11:00 p.m. (EST)

Same Business Day that the transfer is requested
On a Business Day after 11:00 p.m. (EST)Next Business Day after the transfer is requested
On a day other than a Business DayNext Business Day after the transfer is requested
Recurring scheduled transfers

Transfers with next transfer date scheduled to fall on a day other than a Business Day

Last Business Day prior to the scheduled date

After you send transfer instructions you will receive a confirmation number. The confirmation number should be retained by you, as it will help us in resolving any questions you may have concerning a transfer. The Bank may reject a transfer instruction if there are insufficient Available Funds in your Accounts.

Payments of SussexBank Loans

You may make your SussexBank loan payment by using the transfer function on your checking or savings account and selecting your loan as the transfer to account. The loan needs to be a linked account on your Online Banking.

Bill Payment Service

You may use Bill Payment to pay a bill or to make payments to a business or other payee. You agree not to use Bill Payment to make any tax payment, any court-ordered or directed payments, or any payment to a payee that has a mailing address outside the US and you agree that if you attempt such payments, the Bank and its agents will not be responsible for that payment.

You can register for Bill Payment by sending a secure message through online banking or by completing the online application from www.sussexbank.com. An eligible SussexBank checking account is required to enroll in this service.

By enrolling in Bill Payment, you authorize SussexBank to follow your instructions as provided by you using Online Banking. When you initiate a Bill Payment, you authorize SussexBank to charge your designated Account and to remit funds to the payee on your behalf electronically, provided electronic payments are permitted and accepted by the payee. If the payee does not permit and accept electronic payments, then those funds will be remitted to the payee through the use of a paper check issued by SussexBank or its Agent and payable to the payee. Such paper check will state that it represents a payment from you and will indicate the account number of your account with the payee.

Bill Payments can be sent to payees in one of two ways: electronically or by check. SussexBank, or its Agent, has sole discretion to determine how the payment will be sent.

You are responsible for all transactions that you or any authorized user make or authorize, even if the person you authorize exceeds the authority given by you. If you have given someone your authority, you must change your Password or take additional steps to prevent further access by such person.

Electronic payments are sent whenever possible and your designated checking account is debited the business day that the payment is processed. If a payee accepts checks only, a paper draft (check) with your designated checking account number is sent to the payee. When a payment is sent in the form of a check, your designated checking account is debited for the payment amount when the payee presents the check for payment to the bank.

Electronic payments are verified for funds availability during processing. If the funds are available, the account that you selected for the payment will be debited and the information sent on for processing. If the funds are not available, the payment will not be processed and you will receive a message to inform you that the payment could not be sent due to insufficient funds. Each day the payment will be resubmitted for you until either you delete the payment or the funds are in the account to make the payment.

While it is anticipated that most Bill Payments will be processed and completed by the business day after your selected Bill Payment Process Date, you acknowledge that due to circumstances beyond the control of SussexBank, such as delays by the payee and the payee's bank or agent in handling and posting Bill Payments, some of them may take longer to be posted to your account at the payee. For this reason, SussexBank recommends that you schedule a payment to a new payee at least ten business days before the payment due date to allow us time to set up the payee and verify certain information. For all subsequent payments, you agree to allow at least three to five business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period) if the payment is an Automatic Clearing House (ACH) electronic payment. However, if the company or person that you are paying cannot accept the electronic payment, the Bill Payment Service will send a check that may take five to seven business days to reach the payee.

You agree that SussexBank will not be responsible for any Bill Payment that is received or posted by the payee after the grace period, which could result in a late charge or penalty being assessed by the payee. In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all charges or penalties assessed by the payee.

Only payees with United States addresses may be paid using Bill Payment. We reserve the right to limit the frequency and dollar amount of transactions from your accounts.

Payments of SussexBank Loans

You may make your SussexBank loan payment by using the transfer function on your checking or savings account and selecting your loan as the transfer to account. The loan needs to be a linked account on your Online Banking.

Bill Payment Service

You may use Bill Payment to pay a bill or to make payments to a business or other payee. You agree not to use Bill Payment to make any tax payment, any court-ordered or directed payments, or any payment to a payee that has a mailing address outside the US and you agree that if you attempt such payments, the Bank and its agents will not be responsible for that payment.

You can register for Bill Payment by sending a secure message through online banking or by completing the online application from www.sussexbank.com. An eligible SussexBank checking account is required to enroll in this service.

By enrolling in Bill Payment, you authorize SussexBank to follow your instructions as provided by you using Online Banking. When you initiate a Bill Payment, you authorize SussexBank to charge your designated Account and to remit funds to the payee on your behalf electronically, provided electronic payments are permitted and accepted by the payee. If the payee does not permit and accept electronic payments, then those funds will be remitted to the payee through the use of a paper check issued by SussexBank or its Agent and payable to the payee. Such paper check will state that it represents a payment from you and will indicate the account number of your account with the payee.

Bill Payments can be sent to payees in one of two ways: electronically or by check. SussexBank, or its Agent, has sole discretion to determine how the payment will be sent.

You are responsible for all transactions that you or any authorized user make or authorize, even if the person you authorize exceeds the authority given by you. If you have given someone your authority, you must change your Password or take additional steps to prevent further access by such person.

Electronic payments are sent whenever possible and your designated checking account is debited the business day that the payment is processed. If a payee accepts checks only, a paper draft (check) with your designated checking account number is sent to the payee. When a payment is sent in the form of a check, your designated checking account is debited for the payment amount when the payee presents the check for payment to the bank.

Electronic payments are verified for funds availability during processing. If the funds are available, the account that you selected for the payment will be debited and the information sent on for processing. If the funds are not available, the payment will not be processed and you will receive a message to inform you that the payment could not be sent due to insufficient funds. Each day the payment will be resubmitted for you until either you delete the payment or the funds are in the account to make the payment.

While it is anticipated that most Bill Payments will be processed and completed by the business day after your selected Bill Payment Process Date, you acknowledge that due to circumstances beyond the control of SussexBank, such as delays by the payee and the payee's bank or agent in handling and posting Bill Payments, some of them may take longer to be posted to your account at the payee. For this reason, SussexBank recommends that you schedule a payment to a new payee at least ten business days before the payment due date to allow us time to set up the payee and verify certain information. For all subsequent payments, you agree to allow at least three to five business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period) if the payment is an Automatic Clearing House (ACH) electronic payment. However, if the company or person that you are paying cannot accept the electronic payment, the Bill Payment Service will send a check that may take five to seven business days to reach the payee.

You agree that SussexBank will not be responsible for any Bill Payment that is received or posted by the payee after the grace period, which could result in a late charge or penalty being assessed by the payee. In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all charges or penalties assessed by the payee.

Only payees with United States addresses may be paid using Bill Payment. We reserve the right to limit the frequency and dollar amount of transactions from your accounts.

Single Payments

Bill Payments scheduled for current day processing before 1:00 p.m. Eastern Time (ET), Monday through Friday (excluding Bank holidays), will be processed on that day. Payments scheduled for current day processing after 1:00 p.m. ET Monday through Friday (excluding Bank holidays), will be processed on the next business day. Payments scheduled for current day processing on a non business date will be processed on the first business day following the designated processing date. Single payments scheduled in advance will process on the designated processing date or last business day prior to the designated processing date if the scheduled date falls on a non business date.

Recurring Payments

You may use Bill Payment to authorize automatic recurring payments of recurring bills. These payments must be for the same amount each month and they will be paid on the same calendar day of each month or on the previous business day if the regular payment day falls on a weekend or Bank holiday.

When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the recurring payment or transfer has been scheduled to take place on a date that is not a business day, the transfer or bill payment will be deducted from your account on the previous business day.

Your Right to Cancel (Stop Payment) a Bill Payment

Electronic payments created using Bill Payment should be terminated through Bill Payment. To cancel or change a pending, single or recurring payment that you have scheduled through Bill Payment, you must cancel the payment through Bill Payment prior to 1:00 p.m. on the business day the transaction is scheduled to be processed. This is provided that the payment is still in the Scheduled Payments list. If you cancel a recurring payment, it cancels the entire series of payments from the schedule. Once an electronic bill payment has been debited from your account, you CANNOT cancel or stop a bill payment since it has been paid electronically.

Once a recurring Bill Payment is cancelled, all future payments to that payee will be cancelled and you must reschedule it if you want a Bill Payment to be made in the future.

You may be able to stop an Online Banking bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. You will have to contact us by telephone to determine whether the paper draft has cleared or not. If the paper draft has not cleared, we will within a reasonable amount of time process your stop-payment request. To be effective, this type of stop-payment request must precisely identify the name of the payee; the payee assigned account number, the amount and scheduled date of the payment. SussexBank shall have no responsibility to determine the accuracy of such information. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. If you make your stop-payment request by phone, we will also require you to put your request in writing and get it to us within 14 days after the stop-payment request has been made. If you ask us to cancel a stop-payment after it is issued and we agree to do so, we may charge you a stop-payment fee. Stop-payment orders will be in effect for a period of six months. After six months, any stop-payment will terminate and must be renewed by you in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop-payment order. Bill Pay customer service is available at (973) 383-2211 option #3.

Using SussexBank Online Banking to Stop Payment on Checks You Have Written

You may initiate stop-payment requests online via SussexBank Online Banking only for paper checks you have written (non-electronically) on your SussexBank accounts. Request for a stop-payment must be placed prior to the item posting to your account. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. SussexBank shall have no responsibility to determine the accuracy of such information. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. The stop-payment order will be in effect for a period of six months from the date the stop payment is submitted through our online banking system. After six months, any stop-payment will be terminated and must be renewed in order to continue in effect.

You agree to indemnify SussexBank against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by SussexBank because of refusing payment pursuant to your stop-payment order. You agree not to hold SussexBank liable on account of payment contrary to your stop-payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned for insufficient funds.

You agree that SussexBank may rely upon any stop-payment placed on any check issued on your accounts designated on the Online Banking Application Form. Stopping the payment of a check is different from the cancellation of an electronic bill payment.

Posting Of Information

Information shown on SussexBank Online Banking is generally current as of the immediately preceding Business Day. The Account balance may include deposits still subject to verification or other items memo posted to the account by us and may not include deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges. Transfers initiated through SussexBank Online Banking before 11:00 p.m. (EST) on a Banking Day will be posted to your account the same day. Transfers completed after the above mentioned times on a Banking Day, on Saturdays and Sundays, or on banking holidays, will be posted on the next Banking Day. Our Banking Days are Monday through Friday, excluding Bank holidays. The cut-off times stated herein for transactions through Online Banking may be changed from time to time by the Bank without prior notice at its sole discretion.

Please note that SussexBank Online Banking identifies scheduled transfers based upon the User ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any scheduled transfers from your accounts in order to avoid overdrafts.

Insufficient Funds to Complete a Transfer or Bill Payment

(Order of Payments, Transfers, and other Withdrawals) You must have Available Funds in your Account on the date that your payment or transfer will be made and your Account will be debited. If the Account has insufficient funds, the transactions or some of the transactions may not be completed. If your Account has insufficient funds to perform all electronic fund transfers and bill payments that you have requested for a given business day, then:

  • Electronic funds transfers involving currency disbursements such as an ATM withdrawal will have priority;

  • Electronic fund transfers initiated through SussexBank Online Banking, which would result in an overdraft of your account, may, at our discretion, be cancelled.

In the event the electronic fund transfers or bill payments initiated through SussexBank Online Banking, which would result in an overdraft of your Account are not cancelled, and we in our sole discretion decide to complete the transaction, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that Account. In addition, you agree to pay the Bank immediately upon demand any overdraft amounts. We are not however, obligated to allow an overdraft to be created.

Service Interruption

At certain times Online Banking may not be available due to system maintenance or circumstances beyond our control. During such times, or if for some reason you are not able to access Online Banking online, you may call us at (973) 383-2211 option #3 during normal business hours. Or, you may wish to use our Telephone Banking by calling 1-800-511-9000.

Obligation to Execute Customer Instructions

We are not obligated to execute customer instructions nor are we liable:

  • If, through no fault of ours, you do not have enough money in your Account to complete the transaction, or if the money in the Account from which a payment or transfer is to be made is subject to legal process or other claim restricting the transaction; .

  • If you did not properly follow the provisions of this Agreement, the online instructions for the Online Banking service or other instructions for making a transfer or bill payment; .

  • If we have received incomplete or inaccurate information from you or a third party with respect to a transfer or bill payment; .

  • If you have not provided the correct names, telephone numbers, addresses, or account information of your payees; .

  • If circumstances beyond our control (such as, but not limited to fire, flood or interference from an outside force, acts of governmental authorities, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance) prevent, delay or alter the transaction, despite reasonable precautions that we have taken;

  • If we have reason to believe it may not be authorized by you or involves funds subject to a hold dispute, restriction or legal process we believe prevents their withdrawal; .

  • If it would result in exceeding any credit limit established by us or by you; .

  • If it would violate any applicable provision to any federal or state regulatory authority; .

  • If it is not in accordance with any term or condition applicable to the Linked Accounts, Online Banking services, or with our policies, procedures, instructions, or practices; .

  • If we have reasonable cause not to honor for our or your protection; .

  • We have terminated this Agreement or closed the Account.

Disclaimer of Warranty and Limitation of Liability.

Our liability to you is explained in the agreements, notices and disclosures provided to you from time to time for your Linked Accounts. This section applies only to the extent not otherwise provided for. Under no circumstances will we have any liability to you for failing to provide you access to your Linked Accounts through Online Banking Services. Our sole obligation to you arising out of the non-availability of the Online Banking Service shall be to use commercially reasonable efforts to resume such services. Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider. We are not responsible for any loss or damage resulting from an interruption in your electrical or telephone service; from disconnection of your telephone service by your local telephone company or from deficiencies in your line quality; or from any defect or malfunction of your PC, modem, or telephone service.

We will, however, be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Banking Services.

WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SUSSEXBANK ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. We do not and cannot warrant that SussexBank Online Banking will operate without errors, or that any or all SussexBank Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to SussexBank Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of SussexBank and its affiliates exceed the amounts paid by you for the services provided to you through SussexBank Online Banking except as specifically provided in this Agreement.

In addition, the Bank is not responsible for any damage to your PC, software, modem, telephone or other property resulting from any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

Indemnification and Release.

You indemnify, hold harmless and release SussexBank, its directors, officers, employees, vendors and suppliers from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising from your breach of this Agreement or from your use of Online Banking if in violation of the provisions hereof or any applicable law, rule or regulation.

Termination of This Agreement and of Your Use of SussexBank Online Banking Services.

You may cancel your SussexBank Online Banking service at any time by calling us at (973) 383-2211 option #3, or send us a secure email from our website, www.sussexbank.com. Your access to SussexBank Online Banking will be suspended within three business days of our receipt of your instructions to cancel the service. We can terminate or limit your access to SussexBank Online Banking Services at any time and for any reason at our discretion. You specifically agree, however, that we may terminate your access to SussexBank Online Banking Services without prior notice, if you have insufficient funds in any one of your SussexBank accounts, if you do not pay any fee required for this service when due, if you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing, or if your Online Banking access remains inactive for six (6) months or if the Bank reasonably suspects fraudulent activity through your use of Online Banking. Access to SussexBank Online Banking Service may be reinstated at our sole discretion provided you satisfy any conditions imposed by the Bank and if sufficient funds are available in your account to cover pending account transfers, and any outstanding fees and charges. Termination will not affect your liability obligations under this Agreement for transactions that have been processed on your behalf. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination. Termination will apply only to the SussexBank Online Banking Service and does not terminate your other relationships with us.

Force Majeure

Neither party will be liable for delay in performing or failure to perform any of its obligations under this Agreement which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, act of terrorism, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving either party's employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of the Agreement and the time for performance of the affected obligation will be extended by a period, which is reasonable in the circumstances.

Disclosures, Notices and Periodic Statements

You agree that to the extent permitted by law, receipts, notices and disclosures associated with SussexBank Online Banking Services may be provided electronically to you by e-mail, facsimile or over the Internet, either as part of a SussexBank Online Banking session or otherwise. You will not receive a separate SussexBank Online Banking statement. Transfers to and from your accounts using SussexBank Online Banking will appear on the respective periodic paper statements for your SussexBank accounts. In order to identify unauthorized account activity, you agree to examine your statements promptly upon receipt and notify us at once if your statement shows transfers not made by an authorized user. You may use SussexBank Online Banking to view activity in your account as indicated above. You agree to notify us of any changes to your e-mail address.

Changes to Terms and Conditions

We reserve the right to change the terms and conditions of this Agreement at any time. If the change would result in additional or increased fees for any SussexBank Online Banking Service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. If you wish to decline to be bound by the changes, you should terminate the account or discontinue the service to which the change relates; otherwise you will be deemed to have accepted and agreed to the change.

Assignment

We may assign our rights under this Agreement to a company affiliated with us now or in the future. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Entire Agreement

This Agreement is the complete and exclusive agreement between you and us related to the SussexBank Online Banking Service. It supplements any other agreement or disclosure provided to you relating to your accounts with us. This Agreement, however, does not supercede any other credit or loan agreement, deposit agreement, Funds Transfer Agreement or agreement relating to automated clearing services. In the event of a conflict between this Agreement and any other agreement or disclosure related to your accounts with us, or any statement by our employees or agents, or any service provider related to the Service or your accounts with us, such agreements shall be construed to be consistent, to the extent possible, but this Agreement shall control with respect to the SussexBank Online Banking Service. No delay or omission by us in exercising any rights or remedies there under shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any simple or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.

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