B-M S FEDERAL CREDIT UNION
Net Access/Bill Payer Account Access Agreement & Disclosure Statement

Important information. Save for your records.

The words "Credit Union" refer to B-M S Federal Credit Union. The words "you" or "your" refer to the person(s) who sign the Application. By using Net Access/Bill Payer, you agree to the terms of this Agreement. Joint account holders and other persons that are authorized to use Net Access/Bill Payer services are also bound by these terms and conditions contained in this Account Agreement & Disclosure Statement.

1.User agrees that the following uses of the Net Access/Bill Payer services are strictly prohibited. User agrees to indemnify, hold harmless, and defend B-M S Federal Credit Union from and against any and all claims actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at User's sole expense, arising from User's failure to abide by these restrictions or use of the Net Access/Bill Payer services.

A. Unauthorized communication of any charge or credit card information belonging to any other person or entity;
B. Unauthorized communication of any information concerning any password or other on-line access number, code, or identification or any other proprietary information belonging to any other person or entity;
C. Use of Net Access/Bill Payer to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to the User permitting such activity. Copying or distribution or transmitting copyrighted materials other that with permission as specified above is expressly prohibited.
D. Communicating any obscene or defamatory information; or
E. Use of the Net Access/Bill Payer in violation of any telecommunication, postal, or other local laws or regulations of the User's country of origin or of the U.S. or in furtherance or in the commission of any crime or other unlawful or improper purpose.

2. A. B-M S FEDERAL CREDIT UNION AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE NET ACCESS/BILL PAYER SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANT ABILITY OR FITNESS FOR PARTICULAR PURPOSE. NEITHER B-M S FEDERAL CREDIT UNION NOR ITS SUPPLIERS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF NET ACCESS/BILL PAYER ASSUME ANY RESPONSIBILITIES WITH RESPECT TO USER'S USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY B-M S FEDERAL CREDIT UNION OR ITS SUPPLIERS OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

B. Any cause of action concerning Net Access/Bill Payer under this Agreement must be commenced with-in one year after such cause of action has occurred.

3. User further agrees:

A. Transmission of confidential business and sensitive personal information is at Customer's sole risk.
B. B-M S Federal Credit Union reserves the right to monitor and review transmissions on-line and in storage, and to remove or reject any material which B-M S Federal Credit Union, at its sole discretion, believes may be unlawful or objectionable, without prior notice to User.

This Account Agreement & Disclosure Statement covers the use of Net Access/Bill Payer with the Credit Union accounts and services described below. By using Net Access/Bill Payer, you agree to the terms of this Account Agreement & Disclosure Statement. Joint account holders and other persons that are authorized to use Net Access/Bill Payer are also bound by the terms and conditions contained in this Account Agreement & Disclosure Statement.

The password used with Net Access/Bill Payer is the signature of the owner of the account. The password identifies the user of Net Access/Bill Payer as an individual who is authorized to conduct transactions from the account and validates the directions given just as the actual signature and other proof of identity validate the directions of the account owner.

Your password is confidential. The use of the password with Net Access/Bill Payer is a security method by which the Credit Union is helping you to maintain the security of your account(s). Therefore, you agree to take all reasonable precautions to ensure that no one else learns your Password.

Termination - The Credit Union may cancel this Agreement at any time without notice. You agree and acknowledge upon termination of services to immediately cease using this software.

Authorization - You agree to pay and hereby authorize the Credit Union to charge your Credit Union account(s) for all transactions which you initiate through use of the Net Access and Bill Payer Software.

Contact Us In The Event of Unauthorized Transactions - If you believe you Password has been lost or stolen or that an unauthorized transfer or payment from any of your accounts has occurred or may occur, please contact Customer Service immediately. Refer to the contact name(s) and phone numbers at the end of this agreement..

Amendment of this Agreement - We may change the terms of this Agreement at any time, including changes to services. We will notify you of the changes as required by law.

We have the right to revoke or refuse access to or terminate Net Access/Bill Payer at any time, without cause or notice. We may also refuse to make payment to any payee without cause or notice. Your Bill Payer privileges may also be revoked if the account that is used with Bill Payer service becomes overdrawn. If Bill Payer is terminated, you understand that any scheduled payments and other transactions will not be made as scheduled.

Consumer Liability - Contact us immediately if you believe your password has been lost or stolen or may have been used without permission. Telephoning us at (732) 227-6700 or toll-free at (888) 423-7265 is the best way of keeping your losses to a minimum. If you telephone us, we require that you send us written confirmation of your notice to be received by us within ten (10) business days of your phone call.

You could lose all your money in the account(s), including the available balance in other account(s), if you take no action to notify us of the loss of your password. If you notify us of the loss, your liability for unauthorized transfers will be a follows:

a. If you contact us within two (2) business days of the loss or your discovery of the loss, you can lose no more than $50.00 if someone used your password without your permission.

b. If someone used your password or software without you permission, you could lose as much as $500 if you do NOT contact us within two (2) business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us.

c. Also, if your monthly statement shows transactions that you did not make and you do not contact us within sixty (60) days you could lose as much as $500 if we can prove that your contacting us would have prevented those losses.

Business Day Disclosure - Our business days are Monday through Friday, 8:00 AM to 3:00 PM excluding holidays.

Record of Transaction - Your monthly statement will show the status of your accounts, including transactions that occurred during the past month.

Net Access/Bill Payer Services - You may use the Net Access and Bill Payer service with your password and the software to request the following transactions:

a. Transfer funds between your checking and savings accounts at the Credit Union;
b. Obtain balance and transaction information from your accounts;
c. Schedule the distribution of funds from your share draft account to payees which you have selected using the Bill Payer service. Payments may be scheduled individually or on a recurring basis.

Fees

There is no fee incurred for use of the Net Access service. No fees will be assessed during a three-month introductory period for use of Bill Payer, after which a monthly fee of $2.95 will be assessed.

A fee of $2.00 will be assessed for Overdrafted items.

A $15.00 fee will be assessed for Insufficient Funds.

A $25.00 fee will be assessed if the Credit Union stops payment on a mailed check.

Discrepancies may arise regarding Bill Payer payments, resulting in an inquiry. An $18.00 Inquiry Fee will be assessed if it is determined that fault does not lie with B-M S Federal Credit Union or its Bill Payer program.

Notice of changes in fees will be forwarded in writing to your last known address at least thirty (30) days prior to their effective date.

Disclosure of Account Information - We shall disclose information to third parties about your account(s) or the transactions you make:
a. Where it is necessary to complete transactions;
b. To verify the existence and condition of your account(s) for a third party, such as a credit bureau or merchant;
c. In accordance with your written permission;
d. In order to comply with court orders or government agencies.

Procedure to Cancel Payments and Liability for Failure to Stop Payment - You can stop any Bill Payer payment by calling Customer Service or by deleting the payment from your list of scheduled payments before the processing date for the payment (the business day the payment is scheduled to be processed). When we are notified verbally, you must also make a request in writing within ten (10) days after the oral request was made.

Once a payment has been sent, it will be processed according to standard procedures. Occasionally, B-M S FCU may be able to stop a payment made to a check merchant; however, electronic payments cannot be stopped

Limitation of Our Liability - Unless otherwise required by law, we will not be responsible for any losses or damages from the use of the services described in this Disclosure Statement and in the Net Access/Bill Payer Agreement and software, including direct, indirect, special or consequential losses or damages. We will not be responsible for any losses or damages because of a failure or delay in the delivery of processing of any payment.

Our Liability - If we do not complete a transaction to or from your account on time or in the correct amount according to our agreement with you, when properly instructed by you, we will be liable for your losses or damages. However, we will not be liable if:

a. There are insufficient or unavailable funds in your account to complete the transaction through no fault of ours;
b. The funds in the account are subject to legal process;
c. The transaction you request would exceed the funds in your account plus available overdraft credit;
d. Your password has been reported lost or stolen;
e. The failure is due to an equipment breakdown which you knew of when you started the transaction;
f. The failure was caused by an act of God, fire or any other catastrophe, or by an electrical or computer failure or by another cause beyond our control.

In any case, we shall only be liable for the actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.

In Case of Errors or Questions About Your Transactions - Notify us as soon as possible if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. The following information is required:

a. Your account number;
b. Your name
c. Payee name
d. Your account number with payee
e. Payment processing date
f. Payment amount
g. Payment due date
h. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information;

If you notify us verbally, you must also send us your complaint or question in writing within ten (10) business days.

We will tell you the result of our investigation within ten (10) business days after we hear from you and will correct any errors promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error so that you will have use of the money during the time it takes us to complete the investigation. If you do not put your complaint or question in writing, and we do not receive it within ten (10) business days, we are not required to re-credit your account.

If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation, and copies will be provided at the same cost charged deposits for duplicate copies of statements. B-M S Federal Credit Union will not provide copies of documents or reports used in our investigation when to do so would violate the privacy rights of our depositors.

B-M S Federal Credit Union also reserves the right to charge a deposit for reasonable costs and expenses incurred in conducting an error investigation when it is determined that no error has occurred.

Limitations on the Use of Net Access/Bill Payer - You will be denied the use of Net Access/Bill Payer if you (a) do not have adequate funds available in your account, available overdraft protection, or (b) do not enter the correct password. There is a limit on the number of denials permitted, and you will be denied access to the service if you exceed these limits. (c) You may not use Bill Payer to make a bill payment in excess of $9,999.99.

Payments may be made by electronic means or by check mailed to the payee. Future dated payments may only be scheduled up to one (1) year in advance.

Allow 2 business days for electronic payments and 5 business days for payments by share draft.

Automatic recurring payments must be scheduled for the same day of the month and for the same amount each month. Payment will be made on the scheduled business day or the following business day if the regular payment day falls on a weekend or holiday.

Please note: payments made through Net Access service require sufficient time for the payee to credit your account properly. To avoid late charges by the payee, you must schedule a payment sufficiently in advance of the due date of your payment. We cannot guarantee prompt receipt and processing of payments by payees. We shall not be responsible for any charges imposed or other action taken by a payee because of a late payment including but not limited to finance charges and late fees.

Payments and other transactions conducted on a business day are posted to your Credit Union account within two (2) business days. Payments and other transactions conducted on a Saturday, Sunday, or Federal Holiday will be posted to your account within two business days. Transfers conducted after 3:00 PM on a business day or on a Saturday, Sunday or Federal Holiday will be posted to your account within 2 business days. Future dated transactions will be posted to your account as of the business day such transactions are initiated. If Bill Payer Service is cancelled, recurring and future dated payments will also be cancelled.

In case of errors or questions about your electronic transfers - Contact us at any of the following: