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B&H Pay e Agreement and Disclosure Statement

Please read thoroughly and accept/decline the terms at the bottom of this page.

B&H Pay e Online Bill Pay Agreement and Disclosure Statement

This B&H Pay e Online Bill Pay Agreement and Disclosure (the "Agreement") is between Burke & Herbert Bank & Trust Company and each consumer who has applied for, been approved for and enrolled in B&H Pay e bill paying service via the Internet, and any person authorized by such consumer to use his B&H Pay e bill pay service. This agreement sets forth the terms and conditions, under which you may use B&H Pay e to pay or transfer funds from your Burke and Herbert Bank checking account to designated payees, based on your instruction to us via electronic means.

By completing a B&H Pay e application form and signing and returning to us the acknowledgment of B&H Pay e Terms and Conditions, you have agreed to be bound by the terms and conditions of this Agreement. This Agreement describes your and our rights, responsibilities and obligations with respect to B&H Pay e services and supplements the electronic funds transfer agreement (s) and disclosure(s) that you received previously when opening your Burke & Herbert Bank deposit account (s) and/or contracting for other types of electronic funds transfer access to those accounts.

In this Agreement, the words "you," "your" and "user" mean those who sign as applicants, are authorized user(s)of your designated checking account or have an interest therein; and each and every person who now or hereafter subscribes to or uses B&H Pay e. The words "we," "us" and "our" mean Burke & Herbert Bank & Trust Company and any agent, independent contractor, designee, or assignee that Burke & Herbert Bank may, in its sole discretion, involve in the provision of online banking services. The word "Payee" means an individual or business that you select in advance to receive one or more B&H Pay e payments. "Payment Date" means the scheduled date on which a B&H Pay e payment is initiated. Other definitions appear within the text of this Agreement.

ELIGIBILITY
To access our B&H Pay e service, you must have a qualified checking account with us and be enrolled in our ONLINE Banking Service.
NOTE: Only a checking account may be used -- not a savings and/or money market account.

ACCESS
B&H Pay e is generally available for review purposes via the Internet 24 hours a day, 7 days a week, except during maintenance periods. However, B&H Pay e payments will only be processed Monday through Friday before 1:00 p.m. EST. Payments received after 1:00 p.m. EST on Friday will be processed the following business day. Payments can be entered any day of the week. If a SCHEDULED payment falls on a holiday or weekend, it will be paid on the Friday BEFORE the weekend, or the last business day BEFORE a holiday. We are not liable under this Agreement for failure to provide access due to a system failure or other unforeseen acts. We may modify, suspend or terminate access to B&H Pay e services at any time and for any reason without prior notice, unless law requires notice.

B&H Pay e PAYMENTS
Using your B&H Online banking ID and Password, you can access B&H Pay e and use the system to instruct us to make payments from your designated checking account to your Payees. You must provide us with information that sufficiently identifies each of your Payees to enable us to properly direct your payment to the Payee and enable the Payee to identify you as the source of the payment he receives.

You may also use B&H Pay e to review past or scheduled bill payments from your designated checking account.

When you schedule a bill payment using B&H Pay e, you authorize us to withdraw the necessary funds from your designated checking account to fund that payment. Electronic payments are deducted from your designated checking account within one (1) to two (2) business days once payment is initiated. Check payments are deducted once payments post to the account. We may refuse to act on your instructions if sufficient funds (including funds available under any overdraft line of credit) are not available in your designated account on the date you want us to initiate your payment. However, if we in our sole discretion, elect to honor your instructions for a payment that exceeds the available balance in your designated account, that account will be charged our then current fee for processing checks drawn against insufficient funds. If your electronic payment request is not honored because of insufficient funds in your designated account, you will receive a message to inform you that the payment could not be made. 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. Check payments are handled in the same manner as a check written out of your checkbook against an insufficient balance.

B&H Pay e payments may only be made to a Payee with a United States address.

TYPES OF ONLINE BILL PAYMENTS
You may schedule B&H Pay e payments to be initiated on the day you enter the payment information, on a future date or on the same date each month, subject to the restrictions in this Agreement.

  1. Single Payment: You may schedule a one-time payment to a Payee. Your payment Date for that payment may be up to one year in the future (a "future Single Payment") or you may schedule payment for the same day you enter the payment information on B&H Pay e (a "same day Single Payment"). One-time payments submitted before 3:00 a.m. EST Monday through Friday will be processed at 3:00 a.m. EST. Payments submitted between 3:00 a.m. EST and 1:00 p.m. EST will be processed at 1:00 p.m. EST. Payments received after 1:00 p.m. EST on Monday through Thursday will be processed the next business day. Payments received after 1:00 p.m. EST on Friday will be processed the next business day.

  2. Recurring Payments: You may schedule automatic fixed amount payments to be initiated on the same day of every month (a "Recurring Payment"). If your Recurring Payment Date does not exist in a particular month, the payment will be initiated on the last business day of the month. For example, if your payment date is the 30th of every month, your February payment will be initiated on February 28th. If a Recurring Payment Date falls on Saturday, your payment will be initiated on the previous Friday.

  3. Multiple Payments / Same Payee: You may schedule multiple payments to the same payee to be initiated on the same Payment Date, for the same amounts.
SCHEDULING B&H Pay e PAYMENTS
Generally, unless otherwise specified for a particular Payee, you must schedule any B&H Pay e check payment to be initiated at least seven (7) business days, or any B&H Pay e electronic payment to be initiated at least three (3) business days before the payment's actual due date (not including any grace period). This will usually give us time to get your payment to the Payee on a timely basis.

DELIVERING YOUR PAYMENTS
After your payment is initiated, we will remit your payment by electronic funds transfer or by mailing your Payee a check drawn on your designated checking account. The determination regarding whether your B&H Pay e payment is remitted electronically or by check depends on your Payee. If your Payee is equipped to receive electronic funds transfers, your payment may be remitted in that format; if not, your payment will be in the form of a check. B&H Pay e provides a mechanism by which you can determine which payment mechanism will be used for each of your Payees.

Because of the time needed to transmit your B&H Pay e payment to your Payee, your Payee will not receive payment on the Payment Date. To allow sufficient time for a payment to reach your Payee, you should schedule your Payment Date of payments by check, at least seven (7) business days before your payment's actual due date, and at least three (3) business days before your payment's actual due date for electronic payment. We will not be responsible for any loss that you may incur as a result of late payment if your scheduled Payment Date did not precede the payment's actual due date by seven (7) or three (3) business days, as applicable.

CHANGING OR CANCELING PAYMENTS
  1. Single Payments: You may change or delete a scheduled payment up to 3:00 a.m. EST on the scheduled Payment Date Monday through Friday. Scheduled future Single Payments that will occur on a weekend or holiday must be changed or deleted by 1 p.m. EST on the Friday or last business day before the scheduled future Single Payment date. You will receive a B&H Pay e confirmation screen when your payment has been changed or deleted. However, your original Payee payment confirmation number will remain the same. Please make a record of it, as it will help us resolve any questions you may have about your B&H Pay e transactions.

  2. Recurring Payments: You may change or delete a Recurring Payment up to 3 a.m. EST on the scheduled Payment Date Monday through Friday. However, a Recurring Payment with a Payment Date that falls on a Saturday must be changed or deleted by 1 p.m. EST on the Friday before the Payment Date. You will receive a B&H Pay e confirmation screen when your payment has been changed or deleted. However, your original Payee payment confirmation number will remain the same. Please make a record of it, as it will help us resolve any questions you may have about your B&H Pay e transaction.

DOCUMENTATION OF ONLINE BILL PAY PAYMENTS
  1. Confirmation Number: A confirmation number will be assigned to each B&H Pay e payment at the time you submit your request. A confirmation number will also be assigned each time you instruct us to amend, delete or skip a previously scheduled B&H Pay e payment. Please record these confirmation numbers for future reference. They will help us resolve any questions, and expedite any request you may have about your B&H Pay e transaction. B&H Pay e Confirmation Numbers for scheduled payments are found in the menu option for "View Payment Schedule."

  2. Periodic Statement: You will get a monthly statement for your designated account (unless there are no transactions in a particular month, in any event, you will receive a statement at least quarterly). All B&H Pay e payments will appear on your account statement.

OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages up to $50.00 per scheduled payment. However, there are exceptions. We will NOT be liable, for instance:

  1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.

  2. If any payment or transfer would go over the credit limit of any account.

  3. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.

  4. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly complete the transaction.

  5. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.

  6. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.

  7. If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim restricts the transaction.

  8. If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.

UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BANKING IDENTIFICATION NUMBER OR PASSWORD
If you believe your Internet Banking identification number or password or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at 703-684-1655 during normal business hours, or write to us at P.O. Box 268, Alexandria, VA 22313. Telephoning us within two (2) business days is the only way to limit your possible losses to $50.00. Failure to do so increases your liability up to $500.00. If your statement shows transfers you didn't make, tell us at once. If you do not tell us within 60 days after the statement was mailed to, you may not get back any of the money you lost if we can prove we could have prevented the loss with timely notification. If a good reason, for example, a hospital stay, prevents you from telling us, we may extend the time periods. Tell us your name and account number, describe the error and tell us the dollar amount. If you tell us orally we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct the error promptly. If we need more time we may take up to 45 days to investigate. If so, we will credit your account within 10 business days for the amount in question so you will have use of the money until we complete our investigation. If we ask for a written complaint and we do not receive it within 10 business days, we may not credit your account. We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documentation used in our investigation.

BUSINESS DAYS For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.

TERMINATION OF B&H Pay e SERVICE
You may terminate your use of B&H Pay e at any time by writing to us at Burke & Herbert Bank, Attn: Online Banking, P.O. Box 268, Alexandria, VA 22313 or by completeing and signing a termination of service form at any of our branches. You must notify us at least 10 business days prior to the date of which you wish to have B&H Pay e terminated. If you have scheduled payments to occur within this 10 day period and do not want them to clear your account, you must also separately cancel those payments. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments initiated before termination.

We may terminate your use of B&H Pay e in whole or in part, at any time without prior notice, except as otherwise required by law. Termination will not affect your liability for obligations under this Agreement accruing prior to the date of termination. The occurrence of any one of the following events may result in termination of your B&H Pay e access:

  • You or any authorized user of your B&H Pay e services breach this or any other agreement with us;
  • We have reason to believe that there has been an unauthorized use of your B&H Pay e service; or
  • If on two (2) or more occasions during a 12 month period your designated checking account and any overdraft protection account has insufficient available funds to cover a B&H Pay e payment you have instructed us to make.


FEES
You agree to pay us a fee of $4.00 per month for using B&H Pay e, with an additional transaction fee of $.29 per B&H Pay e payment in excess of 15 per month.

You also agree to pay us for other fees, per occurrence, that may apply to this account: Stop Payment $25.00; other fees associated with your designated checking account; please refer to your deposit agreement and disclosure.

You authorize us to deduct the monthly fee, any transaction fee, and you agree to pay any other fees that may apply, from your designated personal checking account. This automatic payment deduction will occur on the statement cycle of the debit account.

CONFIDENTIALITY
We do not share any customer information with third parties except as might be required by law; as may be necessary to effect, administer or enforce a transaction for you; at your specific request; or with other nonaffiliated third parties as permitted by law. These third parties include, but are not limited too, external bank auditors, bank examiners, outside council, consumer credit reporting agencies and service providers which process or service a financial product or service requested or authorized by you.

OTHER PROVISIONS
There may be a delay between the time a deposit is made and when it will be available to fund a B&H Pay e payment. You should review our Funds Availability Policy to determine the availability of funds you deposit. We reserve the right to refuse to honor any B&H Pay e payment request that would draw upon insufficient funds, exceed a credit limit or lower an account balance below a required balance.

EQUIPMENT & SOFTWARE
You are responsible for the installation, maintenance and operations of your computer and its software. Burke & Herbert Bank & Trust Company is not responsible for any errors or failures from any malfunction of your computer or the software. Burke & Herbert Bank & Trust Company is also not responsible for any computer virus or related problems that may be associated with the use of any on-line system.


I Accept the Above Conditions I Decline the Above Conditions


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