Bill Pay Agreement

OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
We will process and complete all transfers properly initiated through the Service in accordance with the terms of this agreement. If we do not complete a transfer to or from your Account on time or in the correct amount under the terms of this Agreement, we could be liable for your losses and damages. However, we will not be liable if for instance:

a. Through no fault of ours, you do not have enough money in your Account to make the transfer.
b. Your telephone or internet connection or the Service is not working properly and you knew about the malfunction when you started the transfer.
c. You have not provided us with the correct Payee name, address, or account information or payment amount.
d. A Payee mishandles or delays in handling payments sent by us.
e. Circumstances beyond our control (such as fire, flood, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
You agree not to give Service account access to any unauthorized individuals. If you believe that someone may attempt to use the Service without your consent or has transferred money without your permission, you must call us immediately at 1-800-822-0316 or write us at Habersham Bank Customer Service, P. O. Box 1980, Cornelia, GA 30531. Quickly telephoning us is the best way of reducing your possible losses.

If your statement shows transfers covered by this agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason, (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize.

BUSINESS ACCOUNTS
The limitations on customer liability set forth in the preceding paragraphs do not apply to accounts held by businesses. Business customers agree to review promptly all statements, notices and transaction information made available to them, and to report all unauthorized transactions and errors to us immediately. Business customers agree that we may process payment and transfer instructions, which are submitted with a correct customer identification number, and agree that such instructions will be deemed effective as if made by them, even if they are not transmitted or authorized by the customer.

JOINT ACCOUNTS
If any of the accounts from which you use Habersham Bank's Internet Banking is joint, each of you is jointly and severally obligated under this Agreement. Each owner will have a unique access ID and password and acting alone may perform transactions, obtain information, terminate this Agreement, allow one or more persons to access qualifying accounts if you provide them with your access ID and password. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any access, actions or transactions where the person performing the access, action or transaction is one of you or is otherwise authorized to access the account. Each of you agrees to indemnify us and hold harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

PAYMENT GUARANTEE
Subject to the foregoing limitations on our liability, we will reimburse you for any late payment fees or penalties you are charged, up to the maximum of $50 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Service by the Due Date if you meet each of the following conditions:

a. You must properly schedule the payment to be initiated on a Transaction Date at least five (5) business days prior to the Due Date. For Same Day Payments, this means that you must initiate your payment before 2:00 p.m. Eastern Time on a business day at least five (5) business days prior to the Due Date.
b. You must provide us with the correct Payee name, address, and account information and with the correct payment amount.
c. On the Transaction Date, your Account must contain sufficient funds, excluding overdraft protection, to complete the payment or transfer.
d. The Payee must be a Business Payee.
e. The late payment fee or penalty, or the method of its calculation, must be published by the Payee prior to the Due Date.



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