Web Banking Service Agreement

In this Agreement, please remember that “you” and “your” refer to the person who has enrolled in Web Banking and “we”, “us” and “our” refer to RBC Bank.

This Agreement sets out your responsibilities and obligations and our responsibilities and obligations with respect to Web Banking.

A copy of this Agreement will not be mailed to you unless you request it by telephoning us at 1-800-236-8872; accordingly, you should print or save this Agreement by using the “Print” or “File Save” options on your Internet Browser.

ACCEPTANCE OF AGREEMENT

The first time you access Web Banking through use of your Username and Password, or some other person on your behalf accesses Web Banking through use of your Username and Password, and each time you access Web Banking thereafter, you:

• Will be signifying that you have read, understand and have agreed to be bound by the terms and conditions of this Agreement; 
• Will be signifying that you will send and receive e-mail communications through Web Banking, so your personal information included in those communications will be secure; 
• Will be acknowledging and consenting to Web Banking’s use of Weblinks and our use of Weblinking Relationships in connection with Web Banking;
• Will be acknowledging (i) that we do not have control over third party websites accessed through Weblinks, (ii) that our privacy, security and accessibility standards do not apply to those third party websites and (iii) that it will be your responsibility to familiarize yourself with the privacy, security and accessibility standards applicable to those third party websites; and 
• Will be acknowledging and agreeing that you will be responsible for the accuracy of all data sent through Web Banking through use of your Username and Password.

WEB BANKING TERMS AND CONDITIONS

DEFINITIONS

In this Agreement the following words will have the meanings given to each as set forth below:

• “Account Aggregation” is the retrieval, consolidation, organization and presentment of account information and other information from various websites onto one website to which you have access. 
• “Account Provider” is a third party financial institution or other person with whom you have an account that you have designated in accordance with the terms and conditions of this Agreement to be subject to Account Aggregation in the feature of Online Account Aggregation. An Account Provider can be an affiliate of ours, and it also can be an Online Account Aggregation Service Provider (e.g., Royal Bank of Canada).
• “Activation Code” is the unique number mailed to you that when entered will upgrade your Web Banking account to allow you to transfer funds, pay bills, make credit card payments, change address information and view accounts from other financial institutions as provided in this Agreement. 
• “Agreement” is this Web Banking Service Agreement and all amendments, modifications and changes from time to time. 
• “Biller” is the person to which you wish a bill payment to be directed or is the person from which you receive electronic bills, as the case may be. 
• “Billing Account” is the Subscriber Account from which all fees will be automatically debited. 
• “Business Day” is any day Monday through Friday on which our offices are open to the public for carrying on substantially all our business functions.
• “Cross-Border Online Transfer” is a feature of Online Transfer that allows you to transfer funds between your Subscriber Accounts with us and your accounts with Royal Bank of Canada; and, as a feature of Online Transfer, it is subject to the provisions of this Agreement relating to Online Transfer.
• “Customer Service Hours” are the hours between 7:00 a.m. and 11:00 p.m. EST on each Business Day.
• “Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or the grace date.
• “EST” refers to Eastern Standard Time during that period of the calendar year when standard time is used in the Eastern Time zone of the United States of America, and refers to daylight savings time during that period of the calendar year when daylight savings time is used in the Eastern Time zone. 
• “EFT” is a collective reference to the Electronics Funds Transfer Act and the Federal Reserve’s Regulation E. 
• “Internet Browser” is a collective reference to a personal computer or other computing device, a computer operating system, an Internet browser and a modem or other mode of Internet connectivity that are compatible for use of Web Banking. 
• “Online Account Aggregation” is an Internet based service which permits you to conduct Account Aggregation through use of an Internet Browser. It is an optional feature of Web Banking, it has two levels of service from which you may choose, and both levels of service require a separate enrollment which is in addition to your enrollment in Web Banking. The basic level of service permits Account Aggregation with accounts you maintain with Royal Bank of Canada. The premium level of service is provided through CashEdge, Inc. and permits Account Aggregation of your accounts with a variety of financial institutions and other persons (i.e., it is not limited to your accounts with Royal Bank of Canada). Both Royal Bank of Canada and Cash Edge, Inc. are separate, independent third parties with whom we have separate Weblinking Relationship. They each are “independent contractors”. The authority you grant to us and your agreements with us in this Agreement shall extend to Royal Bank of Canada, CashEdge, Inc. and any other persons we use with respect to Online Account Aggregation and other services with respect to Web Banking, and many of the functions we say we will perform under this Agreement will be performed for us by, or in concert with Royal Bank of Canada, CashEdge, Inc. or other persons. 
• “Online Account Aggregation Service Provider” is a phrase sometimes used in this Agreement to refer to a person who is providing the service of Online Account Aggregation (e.g. CashEdge, Inc.) or a person with whom we have a Weblinking Relationship or other relationship which enables us to provide you Online Account Aggregation (e.g. Royal Bank of Canada). 
• “Online Bill Payment” is the Internet based service offered to you by us which permits you to conduct electronic bill payment through use of an Internet Browser. It is an optional feature of Web Banking and requires a separate enrollment which is in addition to your enrollment in Web Banking. Online Bill Payment is provided by us through CheckFree Services Corporation. CheckFree Services Corporation is a separate, independent third party with whom we have a Weblinking Relationship. CheckFree Services Corporation is an “independent contractor”. The authority you grant to us and your agreements with us in this Agreement shall extend to CheckFree Services Corporation and any other persons we use to provide Online Bill Payment and other services with respect to Web Banking, and many of the functions we say we will perform under this Agreement will be performed for us by, or in concert with CheckFree Services Corporation or other persons. 
• “Online Transfer” is the function of Web Banking that allows you to transfer funds between your Subscriber Accounts and allows you to transfer funds from your Subscriber Accounts to make payments on your credit cards or personal loans with us. 
• “Online Bill Payment Service Provider” is a phrase sometimes used in this Agreement to refer to a person who is providing the service of Online Bill Payment (e.g. CheckFree Services Corporation). 
• “Password” is the unique identification number or Personal Identification Number (PIN) that you select during enrollment for Web Banking. At your discretion your password may be changed from time to time by you in order to protect the security of your Subscriber Accounts. 
• “Payment Account” is the Subscriber Account from which you request an Online Bill Payment to be made. 
• “Payment Date” is the actual calendar day the payment will be available to be credited by the Biller. 
• “Payment Instruction” is the information provided by you to us, or an Online Bill Payment Service Provider, for a payment to be made through Online Bill Payment to a Biller, such as, but not limited to, Biller name, Biller account number and Scheduled Payment Date. 
• “Person” includes firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, trusts, business trusts, corporations and other organizations, including public and quasi-public bodies, as well as individuals (i.e., natural persons). 
• “RBC Bank”, a North Carolina state banking corporation, its successors and assigns; and RBC Bank is sometimes referenced in this Agreement by use of the pronouns “we”, “us” or “our”. 
• “Scheduled Payment” is a payment that has been scheduled through the Online Bill Payment Service but has not begun processing. 
• “Scheduled Payment Date” is the Business Day of your choice on which you request an Online Bill Payment to be made and is also the day your Payment Account will be debited, provided, if you request an Online Bill Payment to be made on a calendar day which is not a Business Day, the request will be deemed to be for the Online Bill Payment to be made on the previous Business Day. 
• “Subscriber Account” means any checking, savings or money market account you now have with us from which you may be conducting Web Banking, including Online Bill Payments. 
• “Username” is the unique identifier selected by you to identify your Web Banking account and it is a value that may be changed by you at any time. 
• “Web Banking” is the online banking service providing you access to view your Subscriber Accounts and providing you access to conduct Online Transfers, and if you have enrolled in Online Bill Payment or Online Account Aggregation, includes the Online Bill Payment and Online Account Aggregation, as applicable. 
• “Weblinks” is a word, phrase or image on a web page that contains coding that will transport a viewer to a different part of the website or to a completely different website by clicking a mouse. 
• “Weblinking Relationship” refers to a relationship where one person uses Weblinks on their website to connect to another person’s website.

Information Authorization

Your enrollment in Web Banking may not be completed if your identity or other necessary information cannot be verified. Through your enrollment in Web Banking, you agree that we may request, and any Online Bill Payment Service Provider or Online Account Aggregation Service Provider may request, a review of your credit rating through an authorized credit bureau, at no cost to you. In addition, you agree that we have the right, and any Online Bill Payment Service Provider or Online Account Aggregation Provider has the right, to (i) update such information by requesting subsequent reviews of your credit rating through an authorized credit bureau, at no cost to you and (ii) obtain financial information regarding your account from a Biller or other persons for purposes related solely to Web Banking (e.g., to resolve payment posting problems or for verification).

Username and Password

In order for you to access and use Web Banking, you will select a Username and Password. You will gain access to your Subscriber Accounts through an Internet Browser using your Username and Password. Specific instructions on the use of Web Banking, including Online Bill Payment and Online Account Aggregation, are available online at www.rbccentura.com. Your initiation of a transaction through Web Banking will be considered the same as your written signature authorizing us to perform, and any third party providing services with respect to Web Banking to perform, our functions or their functions in relation to the transaction you have requested.

Until your Activation Code is received and entered by you into Web Banking, you will have view only access. Once the Activation Code has been entered, your Web Banking account status will be upgraded to allow you to transfer funds, pay bills, make credit card payments, change address information and view accounts from other financial institutions as provided in this Agreement.

Security for Web Banking and Liability for Unauthorized Transfers

Consumer and Commercial Accounts

The provisions under this heading apply to both consumers and non-consumers. Also, except for the provisions under the headings “Consumer Accounts” and “Commercial Accounts”, and any other provisions of this Agreement that specifically state that they are limited to either consumers or non-consumers, all of the terms and conditions of this Agreement apply to both consumers and non-consumers.

You agree to notify us immediately either in writing, or in person or by telephone during Customer Service Hours, if you believe any Usernames or Passwords have been learned by or otherwise obtained by an unauthorized person. A written notice should be sent to the mailing address stated under the section of this Agreement entitled “Errors and Questions”, and telephone calls should be made to 1-800-236-8872. You also agree to cooperate with us in the investigation and prosecution of any person who has obtained or used any Usernames or Passwords without your approval. If we believe that security has been breached, we may change Usernames and Passwords without prior notice to you, or block access to Web Banking until we are satisfied that security over access and use has been assured.

We have developed privacy and security requirements and procedures governing access to and use of Web Banking. Among other requirements and procedures, 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 Web Banking. 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. These and other privacy and security requirements and procedures are set forth on our website at www.rbccentura.com. When you agree to the terms and conditions of this Agreement as provided under the section entitled “Acceptance of Agreement”, you will be acknowledging that you have reviewed our privacy and security requirements and procedures, and you will be agreeing that such requirements and procedures are commercially reasonable and that you agree to be bound by such privacy and security procedures as the same now exist and may in the future exist. With respect to third party service providers, Weblinks and Weblink Relationships, you should refer to the sections of this Agreement entitled “Linking to Other Websites” and “Liability for Third Parties”.

Consumer Accounts

The provisions under this heading apply only if you are a consumer as defined under the EFT (i.e., a natural person).

During enrollment, you will select a Username which you may change, and you will select a Password. We recommend that you change your Password periodically.

You are responsible for and fully liable for all Web Banking transactions, including Online Transfers, Online Bill Payments and Online Account Aggregation, you initiate and for all of those initiated by other persons you authorize to initiate transactions on your behalf.

Your liability for an unauthorized funds transfer or a series of related unauthorized transfers resulting from use of your Username and Password, or other unauthorized access to your Subscriber Accounts through Web Banking, will be determined as follows:
  If you notify us within two (2) Business Days after learning of the unauthorized transfer, your liability will not exceed the lesser of $50 or the amount of unauthorized transfers that occur before notice is given to us; and
  If you fail to notify us within two (2) Business Days after learning of the unauthorized transfer, your liability will not exceed the lesser of $500 or the sum of: (i) $50 or the amount of unauthorized transfers that occur within the two (2) Business Days, whichever is less; and (ii) the amount of unauthorized transfers that occur after the close of two (2) Business Days and before notice to us, provided we establish that these transfers would not have occurred had you notified us within that two-day period.
Also, you must report an unauthorized transfer that appears on your periodic bank statement or other statement within sixty (60) days of the date we send the statement to you to avoid liability for subsequent transfers. If you do not notify us within 60 days after the statement was sent to you, in addition to your possible liability as set forth above, you may lose any amount transferred without your authorization after the 60 days if we can prove that we could have stopped someone from taking the funds had you informed us in time. If a good reason (such as a long trip or a hospital stay) prevented you from notifying us, we will extend the times specified above to a reasonable period.

Commercial Accounts

The provisions under this heading apply only if you are not a consumer as defined under the EFT (i.e. if you are a non-natural person).

During enrollment, you will select a single Username and a single Password. You agree to keep all of these confidential and you agree to establish and maintain procedures to safeguard the confidentiality of the Username and Password selected by you for use with Web Banking. Furthermore, you agree to (i) limit access to the Username and Password to only your employees who you specifically authorize to have access, (ii) ensure the secure use of the Username and Password by your employees authorized to have access, and (iii) change the Password periodically, as well as following the termination of employees to whom you have granted access to the Password. You must promptly provide us with any change in authorized personnel in writing and the changes shall not be effective until we have had a reasonable time to implement such changes. Changes in authorized personnel should be sent to us at the mailing address stated in the section of this Agreement entitled “Errors and Questions”.

The loss, theft or unauthorized use of your Username and Password could cause you to lose all of the money in your Subscriber Accounts, plus any amount available under any overdraft protection credit line tied to your Subscriber Accounts. You agree to assume all risks and losses associated with disclosure of your Username and Password to your employees, or the use of any of them by your employees; and you agree to assume all risks and losses associated with the disclosure of or other obtaining of such information by other persons, whether authorized or unauthorized, or the use of such information by other persons. Access to Web Banking will be permitted to any person providing a valid Username and Password. As a commercial account holder, you agree that we will not be liable, nor will any third party providing services with respect to Web Banking be liable, to you or any other person for providing access to a person not actually authorized to use Web Banking if such person used a valid Username and Password.

Your initial accessing of Web Banking shall be deemed your representation and warranty to us that you have the corporate or other appropriate organizational authority to engage in Web Banking under this Agreement and that such authority is and will remain in full force and effect for the entire period of time you have access to Web Banking. Third parties providing services with respect to Web Banking may rely upon this representation and warranty.

Online Transfers

Online Transfer of Funds between Subscriber Accounts - Availability of Funds

Funds transfer will only be accessible once you have received and entered your Activation Code. Funds may be transferred from your Subscriber Accounts by accessing the Online Transfer option in Web Banking. The transfer of funds will immediately be reflected in the available balances of the Subscriber Accounts from which the funds were transferred. Except for mortgage accounts and circumstances beyond our reasonable control, funds transferred before 8:00 p.m. EST will be processed the same Business Day and available for withdrawal or further transfer the next Business Day after the date of processing; transfers after 8:00 p.m. EST will be processed the next following Business Day and will be available for withdrawal or further transfer the first Business Day after the date of processing. Funds transferred with respect to a credit card may not be processed until the second Business Day after the transfer and will be available for withdrawal or further transfer the first Business Day after the date of processing. If sufficient funds are not available in the Subscriber Account you selected, the transfer will not be processed. We shall have no liability if a transfer is not made because there are not sufficient funds in your Subscriber Account to process the request. Once a transfer has been processed successfully, it may not be canceled or changed.

If our policy on availability of funds is changed by extending the period before funds are available, we will provide notice of the change to you no later than thirty (30) days prior to the date of the scheduled change. Notice will be provided to you in the manner set forth below under the section “Alterations, Amendments and Terminations”.

Limitations on Online Transfers

Because banking regulations limit the number of transactions allowed per statement period on certain accounts, the following limitations apply to Online Transfers and Online Bill Payments: 

• You can make no more than six transfers per statement period from a savings account through use of an automatic draft, a telephone transfer or an Online Transfer; and 
• You can make no more than six transfers per statement period from a money market account through use of an automatic draft, telephone transfer, a check, a “Pocket Check”, an Online Transfer or an Online Bill Payment; and no more than three of the six may be from a check, a “Pocket Check” or an Online Bill Payment.

Limitations on Cross-Border Online Transfers

Cross-Border Online Transfers are subject to United States of America and Canadian treaties, laws and regulations, and these treaties, laws and regulations may limit from time to time the number of transfers, the amounts transferred and other aspects of any transfers:

• We may limit from time to time the Subscriber Accounts which you may use for Cross-Border Online Transfers; 
• When you execute a Cross-Border Online Transfer you must select whether you want to transfer in Canadian currency or United States of America currency; and 
• We will provide you with the exchange rate between dollars in United States of America currency and dollars in Canadian currency, and you will have 5 minutes to confirm the transfer at the exchange rate we have provided to you.

Online Bill Payment

Optional Feature of Web Banking

Online Bill Payment is an optional feature of Web Banking and will only be accessible once you have enrolled and received and entered your Activation Code. Many of the functions we say we will perform under this Agreement relative to Online Bill Payment will be performed for us by, or in concert with Online Bill Payment Service Providers. As such, the authority you grant to us and the agreements you have with us in this Agreement relative to Online Bill Payment and other matters shall extend to these Online Bill Payment Service Providers.

Bill Payment Scheduling

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

The Online Bill Payment Guarantee

Due to circumstances beyond our control or that of any Online Bill Payment Service Provider, particularly delays in handling and posting payments by Billers or other persons, some transactions may take longer to be credited to your account. We will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under the section “Bill Payment Scheduling”.

Payment Authorization and Payment Remittance

By providing names and account information of Billers to whom you wish to direct payments, you authorize both us and any Online Bill Payment Service Provider to follow the Payment Instructions that are received through the payment system. In order to process payments more efficiently and effectively, you acknowledge that payment data or data formats may be edited or altered in accordance with Biller directives, and you consent to such editing or alteration.

When a Payment Instruction is received through Online Bill Payment, you authorize us or any Online Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us or any Online Bill Payment Service Provider to credit your Payment Account for payments returned by the United States Postal Service, a Biller or some other person, or payments remitted to you on behalf of another authorized user of Online Bill Payment.

Best efforts will be taken to make all your payments properly. However, we shall not incur, nor shall any Online Bill Payment Service Provider incur, any liability, and any Online Bill Payment Guarantee shall be void, if any payments initiated by you cannot be completed because of the existence of any one or more of the following circumstances:

• If, through no fault of us or any Online Bill Payment Service Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
• The payment processing center is not working properly and you know or have been advised about the malfunction before you execute the transaction;
• You have not timely entered into Online Bill Payment the correct Payment Account information, or the correct name, address, phone number or account information for the Biller; and/or 
• Circumstances beyond our control or the control of any Online Bill Payment Service Provider (such as, but not limited to, fire, flood or interference from an outside force) prevent the proper execution of the transaction and reasonable precautions have been taken to avoid those circumstances.

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

Payment Methods

The method in which funds will be remitted on your behalf to your Biller will be in our discretion or that of any Online Bill Payment Service Provider. The payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

Payment Cancellation Requests

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

Stop Payment Requests

The ability to process a stop payment request in Online Bill Payment will depend on the payment method and whether a check has cleared. After a payment has been processed, an opportunity to act on a stop payment request may no longer exist. If you desire to stop any payment that has already been processed, you must contact Customer Service by telephone at 1-800-236-8872. Although every reasonable effort will be taken to accommodate your request, we will not have, nor will any Online Bill Payment Service Provider have any liability for failing to do so. You may be required to present your stop payment request in writing to us within fourteen (14) days after you notify Customer Service by telephone. The charge for each stop payment request is $20. We may change from time to time the amount we charge for each stop payment request and you will be notified of such changes prior to the time they take effect.

Prohibited Payments

Prohibited payments include, but are not limited to, the following:

• Payments to Billers outside of the United States or its territories are prohibited through use of Online Bill Payment. 
• Payments in connection with participation with unlawful Internet gambling are prohibited. 
• Payments to any individual or organization against which sanctions are administered and enforced by the U.S. Office of Foreign Assets Control (OFAC) are prohibited.

In addition, we and any Online Bill Payment Service Provider may refuse to process any transaction that we or the Online Bill Payment Service Provider may feel violates the law.

Exception Payments

Tax payments and court ordered payments may be scheduled through Online Bill Payment. However, such payments are discouraged and if scheduled, you assume all risks associated with such payments. In no event shall we be liable or will any Online Bill Payment Service Provider be liable for any claims or damages resulting from your scheduling of these types of payments. The Online Bill Payment Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled or processed through Online Bill Payment. We have no obligation to research or resolve any claim resulting from an exception payment, nor does any Online Bill Payment Service Provider. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole and exclusive responsibility.

Bill Delivery and Presentment

Bill Delivery and Presentment will only be accessible once you have received and entered your Activation Code. The bill delivery and presentment feature of Online Bill Payment is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements electronically. In addition, if you elect to activate one of Online Bill Payment’s electronic bill presentment options, you agree to the additional provisions under this heading, as set forth below. 

• Your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses with an electronic Biller cannot be updated or changed through Web Banking. Any changes will need to be made by you by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bills. We or any Online Bill Payment Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
• Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us or any Online Bill Payment Service Provider to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us or any Online Bill Payment Service Provider to use the information to obtain your bill data. 
• Upon activation of the electronic bill feature, we may notify the Biller of your request to receive electronic billing information, or any Online Bill Payment Service Provider may do so. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statements is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. 
• Best efforts will be taken to present all of your electronic bills promptly. In addition to notification within Online Bill Payment, you may be sent 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 logon to Online Bill Payment and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills. 
• The electronic Biller 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 Biller to Biller. It may take up to sixty (60) days depending on the billing cycle of each Biller. Either we will notify your electronic Billers or the Online Bill Payment Service Provider will notify them 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. We will not be responsible, nor will any Online Bill Payment Service Provider be responsible for presenting any electronic bills that are already in process at the time of cancellation. 
• You agree to hold us and each Online Bill Payment Service Provider harmless should the Biller fail to deliver your statements. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly. 
• We will not be responsible for, nor will any Online Bill Payment Service Provider be responsible for the accuracy of your electronic bills. We are only responsible for, and each Online Bill Payment Service Provider is only responsible for presenting the information received by Online Bill Payment from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. 
• This Agreement does not alter your liability or obligations that currently exist between you and your Billers and will not alter any that may in the future exist.

Failed or Returned Transactions

In using Online Bill Payment, you are requesting us or an Online Bill Payment Service Provider to make payments for you from your Payment Account. If we are unable to complete the transaction or the Online Bill Payment Service Provider is 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. In some instances, you will receive a return notice from us or the Online Bill Payment Service Provider. In such case, you agree that: 

• You will reimburse us or any Online Bill Payment Service Provider immediately upon demand the transaction amount that has been returned; 
• For any amount not reimbursed within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed, and will be paid by you as an additional charge under this Agreement; 
• You will reimburse us or any Online Bill Payment Service Provider for any fees imposed as a result of the return; 
• You will reimburse us or any Online Bill Payment Service Provider for any fees incurred in attempting to collect the amount of the return from you; 
• We are authorized, as well as any Online Bill Payment Service Provider, to report the facts concerning the return to any credit reporting agency; and 
• We have the right to terminate your Online Bill Payment Service due to payments that result in insufficient funds.

Biller Limitation

We reserve the right and any Online Bill Payment Service Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. You will be notified promptly, but this notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

Returned Payments

In using Online Bill Payment, you understand that Billers and the United States Postal Service may return payments for various reasons such as, but not limited to, a Biller’s forwarding address has expired, a Biller’s account number is not valid, a Biller is unable to locate an account or an account is paid in full. Best efforts will be taken to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from us regarding such a payment.

Online Account Aggregation

Optional Feature of Web Banking

There are two levels of service with Online Account Aggregation and both are optional. The basic level permits Account Aggregation of your accounts with Royal Bank of Canada. The premium level permits Account Aggregation of your accounts with a variety of financial institutions and other persons. You may select either one or both, but they each will only be accessible once you have enrolled in them and received and entered your Activation Code.

Agency

Many of the functions we say we will perform under this Agreement relative to Online Account Aggregation will be performed for us by, or in concert with Online Account Aggregation Service Providers. As such, the authority you grant to us and the agreements you have with us in this Agreement relative to Online Account Aggregation and other matters shall extend to these Online Account Aggregation Service Providers. The Online Account Aggregation Service Providers we use or with whom we work in concert will act as your agent in connection with all Online Account Aggregation, not our agent.

Designation of Accounts

We will designate or the Online Account Aggregation Service Providers will designate the types of accounts and the Account Providers that can be included by you in Online Account Aggregation, and we may or the Online Account Aggregation Service Providers may from time to time remove an account or Account Provider from, or add an account or Account Provider to, this designation in our or their sole and absolute discretion by updating such designation. The accounts and Account Providers that will be available through Online Account Aggregation will depend on whether you are using the basic level or the premium level and, subject to the previous sentence, you will choose the accounts that you would like to be included in Online Account Aggregation.

Authorization to Access Accounts

By enrolling in Online Account Aggregation and designating accounts, you authorize and direct us, and each of the Online Account Aggregation Service Providers, to do and perform, on your behalf, any and all acts and things necessary to provide Online Account Aggregation to you, to access any online services with or used by you or your Account Providers, and to retrieve, consolidate, organize and present information relative to your accounts to you, including, without limitation, visiting the website of any online services with or used by you or your Account Providers, providing your login information or other information required to log into such online services, and retrieving and downloading information relative to your accounts. Also, by enrolling in Online Account Aggregation and designating accounts, (i) you are representing and warranting to us and each Online Account Aggregation Service Provider that you are the legal owner of each account designated by you and you have the right to give this authorization and direction and (ii) you are agreeing that we, and each Online Account Aggregation Service Provider, may rely and act upon this authorization until you terminate your subscription to Online Account Aggregation in the manner provided below and we and they have had a reasonable time to act upon such termination.

Accounts and Account Providers

You understand and agree that with respect to your accounts, information relative to your accounts and your Account Providers:

• It is your responsibility to provide us or the Online Account Aggregation Service Providers with current and accurate login information relative to your accounts; 
• The information relative to your accounts retrieved by us or the Online Account Aggregation Service Providers is prepared by Account Providers, and as a result, you can only view account information that is made available for you to view via online services with such Account Providers; 
• We are not responsible for the timeliness, completeness or accuracy of information relative to your accounts, nor will any of the Online Account Aggregation Service Providers be responsible for the timeliness, completeness or accuracy of information relative to your accounts unless an Online Account Aggregation Service Provider is also an Account Provider, and then any liability it may have to you will be outside, separate and apart from this Agreement and its activities as an Online Account Aggregation Service Provider hereunder; 
• Your account information continues to be subject to any terms and conditions regarding such information imposed by your Account Providers; 
• Subject to the qualifications set forth immediately below, through Online Account Aggregation the account information retrieved will be limited to balance and transaction information regarding the account being accessed – you must continue to access your online services to view any other information; 
• We use scripts and filters and the Online Account Aggregation Service Providers use scripts and filters to help ensure the account information retrieved is limited to balance and transactional information, but it is possible that nonbalance and nontransactional information may be retrieved from your online services, which information, unless you authorize otherwise, will not be used by either us or the Online Account Aggregation Service Providers in any way other than in connection with providing Online Account Aggregation to you; 
• Your Account Providers may have service or system failures or difficulties, and this may temporarily or permanently prevent us or the Online Account Aggregation Service Providers from providing Online Account Aggregation to you – we will not have any liability or responsibility to you if this occurs, nor will any of the Online Account Aggregation Service Providers unless an Online Account Aggregation Service Provider is also an Account Provider, and then any liability it may have to you will be outside, separate and apart from this Agreement and its activities as an Online Account Aggregation Service Provider hereunder; 
• Online Account Aggregation will not automatically update your account information retrieved from your Account Providers and in order to update the information that is presented to you, you must take the necessary steps to initiate such an update – we will not have any responsibility to inform you of the need for you to take steps to initiate such updates, nor will any Online Account Aggregation Service Provider; 
• In the context of Online Account Aggregation, we are acting solely on your behalf, and not on behalf of any of your Account Providers, which means we have no responsibility or liability to you for the acts or inactions of such Account Providers – and the same applies to the Online Account Aggregation Service Providers; and 
• It is your responsibility to review your agreements with your Account Providers.

Additional Terms and Conditions of Online Account Aggregation

Terms and conditions relating to Online Account Aggregation which are in addition to those set forth in this Web Banking Service Agreement will be available for you to review through your Internet Browser at the time you enroll in Online Account Aggregation. Those terms and conditions will remain accessible to you through your Internet Browser for as long as you continue to subscribe to Online Account Aggregation. The additional terms and conditions include policies and procedures applicable to your personal information relative to Online Account Aggregation. At the time you enroll in Online Account Aggregation, you will be required to tell us how you want us to use your personal information.

Account Aggregation Offered by Others

There are other persons who currently offer Account Aggregation. If you elect to use the services offered by those persons rather than use Online Account Aggregation, please be aware that those other services may not follow the policies and procedures to which we adhere and to which we require our Online Account Aggregation Service Provider to adhere. Your personal information may not be secure when you use the Account Aggregation services of those other persons.

If you provide information about your Subscriber Accounts or other accounts with us or any of our affiliates to other persons who offer Account Aggregation, we will consider that you have authorized all transactions initiated by such persons and we shall not have any liability or responsibility to you relative to such transactions.

Web Banking Fees and Additional Charges

There are no monthly fees for accessing your Subscriber Accounts through Web Banking or using Online Bill Payment. Fees for Web Banking and its related features such as Online Bill Payment may be changed from time to time by us and you will be notified of such changes prior to the time they take effect.

There may be charges for services available in Web Banking, such as stop payment requests. You agree to pay all applicable charges, and you authorize the deduction from your Billing Account of all charges that may be incurred by you. Charges will be automatically deducted on the Business Day immediately following the date the charges were incurred. Any fees otherwise associated with your Subscriber Accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone or Internet service provider.

Disclosure of Account Information to Other Persons

It is our general policy to treat your account information as confidential and to abide by applicable state and federal privacy laws, including the Gramm-Leach-Bliley Act, as amended from time to time. However, we will disclose information to other persons about your account or the transactions you make only in the following situations: 

• Where it is necessary for completing transactions; 
• Where it is necessary for activating additional services; 
• In order to verify the existence and condition of your account to another person, such as a credit bureau or Biller; 
• To a consumer reporting agency for research purposes only; 
• In order to comply with a governmental agency or court orders; or, 
• If you give us your permission.

Linking to Other Websites

Links to third party websites are provided with Web Banking. Such sites are not within our control and they may not follow the same privacy, security or accessibility standards we follow; provided, however, we do have contractual agreements with Online Bill Payment Service Providers and Online Account Aggregation Service Providers in which they agree to our privacy, security and accessibility standards and agree to adhere to them. Except as otherwise specifically provided in this Agreement with respect to Online Bill Payment and Online Account Aggregation, we are not responsible for any third party websites, including the products or services offered thereon, or the practices, content or availability of the third party websites. You should read the privacy and security policies applicable to third party websites before providing information on those sites. With respect to Online Bill Payment and Online Account Aggregation, our responsibility is limited to only those circumstances in which we specifically say in this Agreement that we will have responsibility, and in those circumstances our responsibility will be limited as provided in this Agreement.

Liability for Third Parties

Except as otherwise specifically provided in this Agreement with respect to Online Bill Payment and Online Account Aggregation, we assume no responsibility for the accuracy or timeliness of data supplied to us by, or for any error or delay on the part of, you or any other person, including third party service providers, agents or others used by you or by us in connection with Web Banking. With respect to Online Bill Payment and Online Account Aggregation, our responsibility is limited to only those circumstances in which we specifically say in this Agreement that we will have responsibility, and in those circumstances our responsibility will be limited as provided in this Agreement.

Interruption of Web Banking Service

There will be certain periods of time that Web Banking will not be available for use, either due to scheduled downtime for maintenance of the system or due to unexpected system problems. We will attempt and each third party service provider will attempt to schedule any downtime for maintenance during those periods when the system is least utilized, however, this cannot be guaranteed. We will also attempt, as well as each third party service provider, to rectify any system interruptions due to unexpected problems as quickly as possible. If you have immediate banking concerns, but are unable to access the system due to an interruption of service, you should contact us by telephoning 1-800-236-8872 during Customer Support Hours, or by other means.

Harm to Computer Systems/Data

You agree that our liability and the liability of any third party providing services with respect to Web Banking for viruses, worms, trojan horses or other similar harmful components that may enter your computer system by downloading information, software or other materials from or through our website shall be limited as provided below under the section entitled “Limitation of Liability”. We will not be responsible, nor will any third party providing services with respect to Web Banking be responsible or liable for any indirect, incidental, consequential or punitive damages which may result from such harmful components, nor will we or they be liable for any attorneys’ fees unless otherwise specifically provided to the contrary in this Agreement.

Periodic Account Statements and other Documentation

You will get a monthly account statement for each of your active Subscriber Accounts. The monthly account statement you receive for each active Subscriber Account will contain a description of your Web Banking transactions for that Subscriber Account, including whom you paid, the date and the amount of each Web Banking transaction.

If you have arranged to have direct deposits made to your Subscriber Accounts at least once every 60 days from the same person, you can call us at 1-800-236-8872 to find out whether or not the deposit has been made.

If you have told us in advance to make regular payments out of your account and the amount of those payments may vary, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

You will be able to retrieve and view digital images of paper-based items drawn against each of your active Subscriber Accounts. The paper-based items you will be able to retrieve and view will be those that post against your active Subscriber Accounts after May 1, 2006. The items generally will be retrievable and viewable for 90 days following the date they first post to your active Subscriber Accounts, although this period may vary depending on the type of Subscriber Account. In addition to retrieving and viewing digital images of paper-based items drawn against your active Subscriber Accounts, you will be able to print copies of these items to your local printer and you will be able to initiate electronic inquires to us relative to these items. We will not charge you a fee for retrieving and viewing digital images of paper-based items drawn against your active Subscriber Accounts.

Errors and Questions

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

• By telephone at 1-800-236-8872 during Customer Service Hours; 
• By e-mailing through Web Banking’s e-messaging feature; or 
• In writing to: RBC Bank, P.O. Box 1220, Rocky Mount, NC 27802

If you think your periodic banking statement or other statement is incorrect or you need more information about a transaction listed on the statement, you must notify us no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears.

Your notice to us regarding errors or questions should include each of the following: 

• Your name and Subscriber Account number; 
• A description of the error or the transaction in question, and an explanation of why you believe it is an error or why you need more information – which explanation should be a clear as you can make it; and 
• The dollar amount of the suspected error.

If you tell us verbally, we may require that you send your questions in writing within ten (10) Business Days after your verbal notification.

Subject to any extended time periods allowed us under the EFT for certain accounts, we will follow the procedures below in responding to your questions, and any other procedures required by the EFT.

• We shall determine whether an error occurred within ten (10) Business Days of receiving a notice of error; we shall report the results to you within three (3) Business Days after completing our investigation; and we shall correct the error, if any and if we are required to do so, within one (1) Business Day after determining that an error occurred. 
• 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, subject to our right under the EFT, if we so elect, to withhold up to $50. We will notify you within two (2) Business Days after the provisional crediting of the amount and date of the provisional crediting; if there is an error, we will correct the error within one (1) Business Day after determining that an error occurred if we are required to do so; and we will report the results to you within three (3) Business Days after completing our investigation (including, if applicable, notice that a provisional credit has been made final). 
• 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. We may revoke any provisional credit provided to you if we find an error did not occur or that it was an error for which you bear the risk of loss, but such revocation shall be in accordance with the revocation procedures outlined in the EFT. 
• For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

Disputes

In the event of a dispute regarding Web Banking, the dispute will be resolved by looking to this Agreement, as supplemented by any agreements relating to any special features of Web Banking and any agreements referenced in this Agreement as being applicable hereto (e.g. Electronic Disclosure Agreement). You agree that this Agreement, as supplemented, supersedes any proposal or prior agreement, oral or written, and any other communications with you relating to Web Banking. If there is a conflict between what our employees say or any third party service provider says and this Agreement, the terms of this Agreement, as supplemented, will prevail.

Arbitration of Disputes

All irresolvable disputes or claims concerning Web Banking (excluding termination of Web Banking by us as provided in this Agreement, or your breach of your obligations regarding proprietary and confidential information belonging to us or any third party providing services relative to Web Banking), will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (“AAA”) and Title 9 of the U.S. Code. Arbitration hearings will be held in Rocky Mount, North Carolina or such other location as mutually agreed upon. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience or knowledge in banking transactions. The arbitrator will award the filing and arbitrator fees to the prevailing party. A judgment on the award of the arbitrator may be entered by a court. All disputes or claims regarding Web Banking and any other matter which is the subject of this Agreement shall be brought within one year from the date of the accrual of the cause of action. You agree that we shall be entitled to temporary or permanent injunctive relief from any court of competent jurisdiction to enforce the provisions of and to restrain or prevent any breach, default or further violation by you under this Agreement, without being required to post any bond or other security whatsoever. In the event of arbitration or litigation regarding the term, performance or subject matter of this Agreement, the substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees.

Limitation on Liability

To the fullest extent permitted by applicable law, you agree that we shall not have, nor shall any third party providing services with respect to Web Banking have any liability whatsoever for any loss, damage or claim arising out of any delay or failure in the performance of Web Banking, or any part or parts of Web Banking, substantially in accordance with the terms of this Agreement. We shall not be responsible, nor shall any third party providing services with respect to Web Banking be responsible under any circumstances to you or to any other person for delays or failures in performance caused by events beyond our reasonable control or the reasonable control of any such third party service provider, including, but not limited to, delays or failures resulting directly or indirectly from labor slowdowns, stoppages, walkouts or strikes, boycotts, riots, protests or other civil disobedience, war (declared or undeclared), terrorism or threats of terrorism, quarantines, nuclear, chemical, biological or other types of contamination, national, regional or local emergencies, Acts of God, natural disasters, fire, outages of computers or equipment, failures of transportation, telecommunications, power, or computer hardware or software or governmental or quasi-governmental actions. In addition, we shall not be liable, nor shall any third party providing services with respect to Web Banking be liable for any failure or delay in executing any transaction or other service under this Agreement if such execution, in our opinion, would result in the violation of any applicable local, state or federal law, rule, regulation, ordinance, order, advisory opinion or guideline, or would result in the violation of any court or administrative order. To the fullest extent permitted by applicable law, you agree that we shall not have any liability, nor shall any third party providing services with respect to Web Banking have any liability whatsoever for any loss caused by the act, error or omission of you or any other person, including, without limitation, your computer system or Internet service provider, and that we shall not have any liability, nor shall any third party providing services with respect to Web Banking have any liability for the acts or inactions of the other, unless otherwise specifically so provided in this Agreement. You agree that in no event shall we be liable for, nor shall any third party providing services with respect to Web Banking be liable for lost profits or any indirect, special, consequential or punitive damages in connection with Web Banking or any other matter contemplated by this Agreement, including the use, misuse, or inability to use Web Banking or the loss of any data, even if we or such third party service provider were advised of the possibility of such damages. Except as otherwise specifically provided in this Agreement and to the extent permitted by applicable law, (i) your sole remedy for any failure or non-performance of Web Banking or any other matter within the contemplation of this Agreement shall be for us or any such third party service provider, as applicable, to use commercially reasonable efforts to effectuate an adjustment or repair to Web Banking, and (ii) our total liability to you and the total liability of each third party providing services with respect to Web Banking to you, regardless of the claim, in the aggregate, shall be limited to the total amount of monthly fees paid by you for the specific service that was the basis of your claim or, if no fees have been paid by you for the specific service that was the basis of your claim, the amount of $50.

WEB BANKING, AND EACH AND ALL PARTS OF WEB BANKING AND SERVICES RELATED THERETO, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. WE DO NOT MAKE, NOR DOES ANY THIRD PARTY PROVIDING SERVICES WITH RESPECT TO WEB BANKING, OR ANY PART OR PARTS OF WEB BANKING, MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING WEB BANKING, OR ANY SERVICES OR SOFTWARE RELATED TO WEB BANKING, OR YOUR INTERNET BROWSER OR OTHER EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AND EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE 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 INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Indemnification

Except as specifically provided to the contrary in this Agreement and to the extent permitted by applicable law, you agree to defend, indemnify and hold us harmless, as well as all third parties providing services with respect to Web Banking, from and against any and all claims or threatened claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of Web Banking, or any act, error, or omission by you or any other person using your Username or Password. In addition, to the extent permitted by applicable law, you agree to release us and all third parties providing services with respect to Web Banking, from any and all claims, liabilities, costs and expenses, including attorneys’ fees, incurred by you in connection with Web Banking.

Ownership of Materials

The content and information on our website is copyrighted by us, or our affiliates or licensors, and the unauthorized reproduction or distribution of any portions is prohibited. You agree to not take any action that jeopardizes our proprietary rights, or those of our affiliates or licensors, and you agree that under no circumstances will you acquire any rights in Web Banking.

Children’s Information

We respect the privacy of your children and we comply with the practices established under the Children’s Online Privacy Protection Act, as amended from time to time. We do not knowingly collect or retain personally identifiable information from people under the age of thirteen.

Illegal Use of Web Banking

You agree not to use Web Banking for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening or obscene, or that infringes the rights of others.

Web Banking operates through a private computing system, which is restricted to authorized individuals. Actual or attempted unauthorized use of the computer system will result in either or both criminal and civil prosecution. We reserve the right to view, monitor and record activity on the system without notice or permission. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the system. If you are not an authorized user of this system or do not consent to continued monitoring, exit the system at this time.

Alterations, Amendments and Terminations

Alterations and Amendments

This Agreement, applicable fees and applicable service charges may be altered or amended by us from time to time. In such event, we will provide notice to you as provided below. Any use of Web Banking after we provide you a notice of change will constitute your agreement to such change. Further, we may or our third party service providers may, from time to time, revise or update the applications, services or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services and related material and limit access to only Web Banking’s more recent revisions and updates.

Suspension or Termination

You may terminate this Agreement and Web Banking, or a particular service provided through Web Banking (e.g., Online Bill Payment), at any time by giving written notice to us, but we will be given a reasonable time to act upon the termination after receiving notice of the termination from you. We may suspend for any reason your use of Web Banking, or a particular service provided through Web Banking, at any time without prior notice to you; and we may terminate this Agreement and Web Banking, or a particular service provided through Web Banking, for any reason at any time by giving written notice to you. Also, and without limiting our right of termination as set forth in the preceding sentence, we will, unless we elect otherwise in our discretion, terminate this Agreement or a particular service provided through Web Banking if there has been no activity in Web Banking or a particular service for a period of six (6) consecutive months.

In the event you wish to terminate this Agreement and Web Banking, you may contact Customer Service via one of the following:

• Telephone us at 1-800-236-8872 during Customer Service Hours; or 
• Write us at: RBC Bank, P.O. Box 1220, Rocky Mount, NC 27802

Any transactions that have already been processed before Web Banking is terminated will be completed. Recurring transactions will not be processed once Web Banking is terminated. Neither termination nor suspension shall affect your liability or obligations under this Agreement; and all of the provisions of this Agreement which by their nature are intended to survive termination shall survive (e.g., provisions under sections “Limitation on Liability”, “Indemnification”, “Ownership of Material”).

Notices

With respect to any alterations, amendments or terminations, we will mail or electronically deliver a written notice to you; and if the change would result in any of the matters listed below occurring, we will notify you of the change at least twenty-one (21) days before the effective date of the change: 

• An increase in the fees you must pay; 
• An increase in your liability under Web Banking; 
• Fewer types of available electronic transactions; or 
• Stricter limitations on the frequency or dollar amount of transfers

We may not give prior notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. If we make such a change permanent and disclosure would not jeopardize the security of the account or system, we will notify you in writing on or with the next regularly scheduled periodic statement, if any, or electronically within thirty (30) days of making the change permanent.

Unless we notify you to the contrary, all notices of alterations, amendments or terminations with respect to this Agreement or Web Banking sent to you electronically will be by posting them on our website at www.rbccentura.com. Notices will remain available on our website for a period of at least ninety (90) days from the date they first become available or from the date of the notice alerting you of the alterations, amendments or terminations, whichever comes later. After that, the information will be available upon request by contacting us by telephone at 1-800-236-8872. When the information is available on our website, we will send you a message at the e-mail address provided by you.

As a part of Web Banking and to the extent permitted by applicable law and your agreement with us under the Electronic Disclosure Agreement, you agree to receive all legally required notifications via electronic means.

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 e-mail addresses. Changes can be made either within the application or by contacting Customer Service by telephone at 1-800-236-8872. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Online Help. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. We are not responsible, nor is any third party service provider responsible, for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

Assignment

You may not assign this Agreement to any other person. We may assign this Agreement to any affiliated person or other person. We may also assign or delegate certain of our rights and responsibilities under this Agreement to third party service providers, and such third party service providers may do the same. We do not have to provide notice to you of an assignment of this Agreement or an assignment or delegation of any of our rights or responsibilities under this Agreement, nor do any third party service providers. Subject to the foregoing, the terms and conditions of this Agreement will be binding upon and inure to your benefit and our benefit as well as the benefit of your permitted successors and assigns and our successors and assigns.

No Waiver

We shall not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by one of our authorized officers. No delay or omission on our part 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 and Use of Terms

The captions of sections and headings in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Words in the masculine gender mean and include correlative words of the feminine and neutral genders and words importing the singular numbered meaning include the plural number, and vice versa; and, as the context requires, the word “and” may have a joint meaning or a several meanings and the word “or” may have an inclusive meaning or an exclusive.

Severability

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and such invalid or unenforceable provision shall be deemed to be severable.

Entire Agreement

This Agreement supplements the RBC Bank Service Agreement that governs your Subscriber Accounts. The RBC Bank Service Agreement was provided to you at the time you opened your Subscriber Accounts. The two agreements, and any agreements referred to in them or supplementing them, taken together, are our agreement with you relative to Web Banking. If a conflict exists between any of the agreements, to the extent of a conflict, the terms and conditions contained in this Agreement shall prevail with respect to Web Banking.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

IMPORTANT NOTICES

Equal Credit Opportunity Act Notice The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. If you believe you have been discriminated against, you should send your complaint to: 

• Federal Reserve Bank of Richmond, 701 East Byrd Street, Richmond, VA 23219; or 
• North Carolina Commissioner of Banks, 316 W. Edenton Street, Raleigh, NC 27603

Fair Lending Notice

We do business in accordance with the federal Fair Housing Act. Under the Fair Housing Act, IT IS ILLEGAL TO DISCRIMINATE AGAINST any person because of race, color, religion, sex, handicap, familial status, (having one or more children), or national origin: 

• In the sale or rental of housing or residential lots; 
• In advertising the sale or rental of housing; 
• In the financing of housing; 
• In the appraisal of housing; 
• In the provision of real estate brokerage services; and 
• Blockbusting is also illegal.

If you feel you have been discriminated against you should send a complaint to: 

• U.S. Department of Housing and Urban Development, Assistant Secretary for Fair Housing and Equal Opportunity, Washington, D.C. 20410, or 
• North Carolina Commissioner of Banks, 316 W. Edenton Street, Raleigh, NC 27603.

Substitute Checks and Your Rights Notice

What is a substitute check?

• To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. 
• Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

What are your rights regarding substitute checks?

• In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees). 
• The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law. 
• If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. 
• We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How do you make a claim for a refund?

• If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us by calling the telephone number on the front of your bank statement or write us at RBC Bank Loss Detection, P. O. Box 1220, Rocky Mount, N.C. 27802. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. 
• Your claim must include:
• A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); 
• An estimate of the amount of your loss; 
• An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and 
• A copy of the substitute check or the following information to help us identify the substitute check: the date of the check, the check number, the name of the person to whom you wrote the check, the amount of the check and any other identifying information.

Anti-Money Laundering and Anti-Terrorism

To help the U.S. government fight terrorism and money laundering, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: when you open an account, we will request certain information from you, such as name, street address, taxpayer identification number, date of birth, driver’s license and other information and documentation that will allow us to identify you and any authorized users of the account. A corporation, partnership, trust, non-U.S. financial institution or other legal entity may need to provide other information to verify the identity of the legal entity or its principals, such as principal place of business, local office, employer identification number, certified articles of incorporation, partnership agreement, trust agreement, government-issued business license, USA Patriot Act foreign bank certification or other information. If you or one of your authorized users provides documentation that is not in English, we may require a legalized translation of such documentation. Based upon our review of the information provided and our internal risk management procedures and any other risk-based analyses, we may ask for additional information from you.

The U.S. Department of Treasury and federal and state banking regulations and rules already require you to provide this information.

If you do not provide the information requested or your identity or that of any authorized users cannot be verified by us, then we may not be able to open the account or carry out transactions or services for you. If you have already opened the account, we may have to close it.

Pursuant to U.S. regulations we are prohibited from opening or maintaining a correspondent account for, or on behalf of institutions with imposition of special measures. Your accounts with us may not be used to provide access to such named institutions. If we become aware that such named institutions are indirectly using your accounts you hold with us, we will be required to take appropriate steps to prevent such access, including terminating your accounts.

We are prohibited from establishing, maintaining, administering or managing a “correspondent account” in the United States for a foreign shell bank, or for a foreign bank that indirectly provides banking services to a foreign shell bank. We are also required to maintain records identifying the owners of foreign banks that conduct accounts in the United States and the name and address of an agent residing in the United States authorized to accept service of legal process for such banks.

We may, in our sole discretion, disclose any information given to us by you or any of your authorized users that we believe necessary or desirable to disclose in connection with our obligations under applicable laws, including those pertaining to money laundering or terrorism. We also monitor your accounts and all activities related to your accounts, and we report information we gather from these monitoring activities as and when we are required to do so under applicable laws or as and when we deem otherwise appropriate in our opinion to conform to or satisfy our obligations under applicable laws.

If, with respect to this Agreement or your accounts, you or any other person violates or we believe you or any other person has or will violate any applicable laws relating to money laundering or terrorism, including the Bank Secrecy Act, USA PATRIOT Act and their respective implementing regulations and rules and all other applicable laws, we may retain or block any funds transmitted to us pursuant to this Agreement or your accounts and we may elect to not fulfill any instructions given by you or any other person pursuant to this Agreement or with respect to your accounts or otherwise if we are or may be required to take or refrain from such action by any court or other legal, regulatory or governmental authority or if we reasonably believe that such action may violate any laws, and such monies or funds will not bear interest against us. We may pay such funds to the appropriate legal, regulatory or governmental authority if and when required by applicable laws.

Notices Regarding Web Banking

• Web Banking is available to you only if you have existing Subscriber Accounts with us. 
• Enrolling in Web Banking does not open any Subscriber Accounts for you with us. You must open Subscriber Accounts outside Web Banking and the agreements and disclosures relative to those accounts will be provided to you separate from this Agreement. 
• Enrolling in Web Banking does not constitute and is not an application by you for an extension of credit by us to you, nor is it an application by you to enter into a lease with us or to obtain a credit card. Also, the use of any of the services provided in Web Banking does not constitute and shall not be an application for an extension of credit by us to you, nor an application for us to enter into a lease with you or issue you a credit card. The use by you of any of your Subscriber Accounts that have credit features to obtain an amount of credit (e.g., use of an overdraft line of credit) shall be an extension of credit within a previously established credit limit under separate agreements with us, and all disclosures related to such an extension of credit shall be pursuant to those agreements and separate from this Agreement.