Terms of service – Digital Banking

Terms and Conditions for Business

GENERAL PROVISIONS

Service Contracting
The Bank may oﬀer Your various commercial services from time to time that are tied to the Account (the “Services”). You must maintain your Account with the Bank in order to receive these Services. The Services are subject to the terms of this Agreement and the applicable Service Addendums for each Service. If you wish to contract a Service, contact your Account Representative.

Interpretation of this Agreement
1. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, such provision will be fully severable, and this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part hereof, and the remaining provisions of this Agreement will remain in full force and eﬀect.
2. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions in a Service Addendum or the Account Addendum, the Addenda will prevail.
3. In the event of conflict between the Spanish and English versions of this Agreement, the Spanish version will prevail.

Information about You
1. The Bank may request your credit report in relation to the establishment of your Account at any time and afterwards as permitted by the applicable regulation.
2. In order to comply with applicable laws and regulations, the Bank may require from time to time that You provide the Bank with documents and information concerning your business, including periodic financial information, whether You are a corporation, partnership, association, non-profit entity, or any other entity or individual doing business under a commercial name or trade name.

Business Days, Business Hours, and Eﬀective, Date of Transactions
The Bank’s business days are: Monday through Friday, except federal holidays (“Business Day”) … “Cut-oﬀ Time” refers to the time limit established by the Bank for receipt, processing, transmission, cancellation, and amendment of payment orders.

Access to personal information is restricted to employees, service providers and mandatories who need to have access to that information as described in this privacy statement. Our service providers are required to observe standards for the security, collection, uses and sharing of personal information, and to comply with applicable law.

Applicable Law
This Agreement will be governed by and interpreted in accordance to the laws of the Commonwealth of Puerto Rico and any pertinent federal laws and regulations.

Final Agreement
This Agreement, the Agreement Addendum and the Services Addenda constitute the final agreement between the parties. Any written or verbal agreement made prior to this Agreement is hereby expressly cancelled and revoked. Any addendum, exhibit or attachment to this Agreement will be considered included herein and will become part of this Agreement. You acknowledge and agree that your contractual relationship with the Bank is subject to the provisions of this Agreement.

Amendments
Except as otherwise provided in this Agreement, the Bank reserves the right to amend the terms and conditions established in this Agreement and the Addendums. Such amendments will be eﬀective upon notice, or as established in the written notification.

Transfer of Agreement
You may not transfer or assign this Agreement or your participation in any of the Bank’s Services to any other person or entity. You may not transfer or assign to any person or entity the authority to issue instructions to the Bank regarding any Services except when expressly authorized by the Bank. The Bank may transfer its rights, in which case You will be notified.

Termination
1. The provisions of this Agreement shall remain in full force and eﬀect until any of the parties terminates this Agreement by written notice sent via email. The Bank reserves the right to cancel this Agreement or a Service Addendum at any time, without prior notice to any of the parties, if any of the following events or circumstances occur: a) You violate or fail to comply with any applicable laws or regulations or any of the terms, covenants, representations or warranties included in this Agreement or a Service Addendum; b) You do not fulfill payment or any other reimbursement agreed upon; c) a court or competent government authority issues a writ of attachment, pledge order, or lien for any share of your Account, assets, or properties; d) your business closes, becomes insolvent, or bankrupt; and (e) You fail to comply with other agreements made with the Bank or any other document that evidences your debt to the Bank.

2. The Bank shall not be liable for fulfilling payment orders after said notice of termination is mailed. You will be responsible for all transactions in progress, obligations under this Agreement, and all fees for Services rendered until the date of termination of this Agreement. Any service charges owed by You on the date of termination must be paid immediately. However, the Bank may exercise its right to set oﬀ any such owed amounts against the Account.

3. The terms for each Service will be established in the corresponding Service Addendum. The Bank reserves the right to cancel any Service at any time. Any such cancellations will be notified by email. Unless otherwise indicated in the notification, all other Services will continue in full force and eﬀect. You may cancel any Service through email notification to the Bank with 30-day prior notification at support@sinovusonline.com. The cancellation of a Service does not entail the cancellation of other Services.

4. Upon termination of this Agreement or any Service Addendum, you will delete or destroy any corresponding intellectual property of the Bank that may be stored in your computer memory or any other data bank in your possession. If the Bank terminated this Agreement because you incurred in a violation, it has the option to declare due and payable immediately any fees or service charges pending payment under this Agreement. The parties understand and agree that termination of this Agreement does not give You the right to claim any compensation from the Bank, under any pretext, including, but not limited to, loss of income, loss of good- faith, or any direct, indirect, consequential, punitive, or exemplary damages.

5. All warranties, representations, and covenants will remain valid and binding, after the termination of this Agreement.

Announcements and Notifications
1. You must notify the Bank, by email, of any changes in your mailing address (the address at which You receive Account Statements, reports, notices, and any other Bank mail). The eﬀective date of any changes will depend on the date when the Bank receives your notification and, as such, any such changes may be eﬀective during the current cycle or the next. The Bank shall not be liable for delays in the receipt of Account Statements, reports, or any other notice or mail, if You do not notify your change of address as established herein.

2. You shall notify the Bank 30 days prior to any changes in the format of the account number, profile of your customers, bills or any other element used in the payment process of Your bills and that aﬀects the provision of any of the contracted Services. The Bank will require a file with the new data so that the conversion of the data is made to ensure the correction and updating of the reports and files provided to you under this Agreement. The Bank may bill you for these changes at the applicable rate and may impose a penalty if You make changes that aﬀect the provision of any of the Services without prior notification to the Bank.

3. Except in instances where local or federal regulations require the use of a particular delivery method, the Bank may send correspondence, announcements, communications or notifications relating to the Account or the Services in writing via email, fax, mail or personal delivery at the address specified in the corresponding Account Addendum or in the Service Addendum and will be eﬀective from the date of shipment or as established in the correspondence.

Account Statement: Reports and Forms
1. The Bank will send You a periodic Account Statement, reporting all transactions made in the Account during the Account Statement period. You may receive your periodic Account Statement: (a) in print at the last address on record at the Bank, or (b) electronically thru the e-Commercial Statement Services.

2. The Bank shall retain a copy of both sides (front and back) of all items stored by electronic media for the retention period required by law. You may request certified copies of account statements, or other items at the Bank in Puerto Rico, or by calling to Customer Service. The Bank will send You the copies within a reasonable period of time after receipt of your request. You will be responsible for payment of any fees for the reproduction and delivery of documents.

3. You are responsible for notifying the Bank immediately, in writing or by phone to the Business Banking Center, if You have not received your Account Statement within thirty (30) calendar days of the closing date of the cycle.

4. The Bank will produce and send You the reports listed in this Agreement and the applicable Service Addendums. The frequency and method of delivery will be set forth in the corresponding Service Addendum.

5. You agree that You are responsible for verifying all information provided by the Bank in order to identify any unauthorized charges, including, but not limited to any omission or discrepancy. To this eﬀect, You will promptly revise and reconcile all reports that are described in the Agreement and Service Addendums, Account Statements and any attached documents, files, announcements, correspondence, or notification (in general, the “Report”) received from the Bank.

6. If You find any omissions or discrepancies between your records and the information provided by the Bank, or if You have any objections, you must notify the Bank, in writing, within ten (10) days of the date of the Report, so that the Bank may investigate the claim and take any necessary action. Should You fail to notify the Bank within this period, the reports will be deemed correct and accepted by You, and the Bank will have no liability with respect to such omissions, discrepancies, or objections.

7. The Bank will process the investigation according to ordinary procedures for the management of claims. The Bank reserves the right to request any documents or sworn statements needed for processing a claim under this section, and You agree to provide any such documents. The Bank will inform You of the results of the investigation within a reasonable period of time.

8. You agree that if you do not notify the omission, discrepancy, or objection within the time limit established in this Agreement, you release the Bank of any responsibility within reference to such omission, discrepancy, or objection.

9. You acknowledge that the Account may be subject to Automated Clearing House (ACH) debits originated by third parties. NACHA regulations, which govern ACH transactions, establish the terms that will apply to claims between banks related to these transactions. In the case of commercial accounts debits, claims due to non-authorized ACH debits could be required to be made as early as within 24 hours after the debit. You must therefore review the transactions in your Account on a daily basis to make sure to detect and notify the Bank of any non-authorized ACH charge, thereby increasing the available mechanisms and possibilities of collection from the originator of any non-authorized transfer.

10. e-Commercial Statements You may choose in the Account Addendum to receive your Periodic Statement electronically. If you need to receive your Account Statement both electronically and on paper, You will be charged for the services the amount set in the Addendum.
The Bank will send You an e-mail, informing you that your Periodic Statement is available the fourth day after the end of the billing cycle. You do not need to receive a notice to access your Periodic Statement which will be available online for eighteen (18) months. You will be responsible for establishing a password to access the Periodic Statements and for saving the Periodic Statements The Bank is not liable to verify if You or the Authorized Person received the Period Statement.

Resolution of Claims made by Your Clients
1. You will be responsible for handling and solving claims made by your own clients, providers, or creditors, even if they are consequence of a Service provided by the Bank.
Any claims to the Bank must be submitted, in writing, to the Customer Service Department. The Bank will inform You of the results of this investigation within a reasonable period of time.

2. Any complaints received directly by the Bank will be referred to You. You must notify the Bank of the result of your investigation within five (5) days following the date the claim was referred to You.

3. Should the Bank need information from You to resolve a claim by a mutual client, regarding payment of a check issued against an account in the Bank, you will provide the requested information within ten (10) Business Days of the date the information was requested.

4. The Bank will not adjust accounts with your clients, or accept service requests or deposits from them.

Charges
1. You shall pay the Bank the corresponding monthly service charges stipulated in the Account Opening Addendum to this Agreement and any other charges for Services requested by You, as stipulated in the corresponding Service Addendums (collectively referred to as “Service Charges”).

2. You understand that Service Charges do not include any additional or special services that You may request, not established in this Agreement or a Service Addendum, such as check printing charges, or copies and delivery of documents and information.

3. The Bank may change Service Charges from time to time. Any change and its eﬀective date will be notified to You, in writing, by the Bank.

4. Any changes or requirements requested by You for this Agreement or a Service Addendum may result in changes to Service Charges. You must maintain suﬃcient funds in the Account to cover payment of charges imposed by the Bank under any clause in this Agreement and the Service Addendums. The Bank will not be responsible for any check or withdrawal order that is rejected due to insuﬃcient funds in the Account as result of Service Charges debited to the Account.

Arbitration
1. You and the Bank agree that any controversy or claim between yourselves or against any agent, employee, successor, or designated agent, whether or not related or not to this Agreement and/or Service, and any claim or dispute related with this Agreement, Service, or to the relation or duties established in this Agreement, including the validity of this arbitration clause (the “Claim”), shall be resolved by mandatory arbitration, administered by the American Arbitration Association, in accordance to the Commercial Arbitration Rules in force, and must be held in the Commonwealth of Puerto Rico. The arbitration will be governed by the Federal Arbitration Act of FAA, Title 9 of the United States Code, Sections 1 through 16 (9 U.S.C. §§ 1-16) excluding any local rights provision that is inconsistent with or will produce a diﬀerent result. Only one neutral arbitrator will determine the Claim and make a final decision, according to applicable law. Strict confidentiality will rule arbitration procedures, including the information submitted by the arbitrator and the decision or indemnification granted by the arbitrator. Any court with jurisdiction may dictate sentence once the arbitrator makes a decision. The aforementioned terms will not limit the obligation of a party to defend, indemnify, or release the other party of any judicial procedure or other claims, losses, damages, or expenses.

2. The procedures specified in this article will be unique and exclusive for the resolution of disputes between You and the Bank that arise or are related to this Agreement; disposing of, however, that a party can request temporary injunctive relief in a court of competent jurisdiction in order to maintain status quo, or for the protection of goods or property until the arbitration process is initiated and the selected arbitrators have had the opportunity to resolve the request for temporary relief.

3. Each party is responsible of fulfilling their obligations under this Agreement while final resolution of a Claim is pending, unless doing so is impossible or impractical under the circumstances.

Compliance
You agree to use the Account and its Services only for lawful purposes and in accordance with applicable laws and regulations, including anti-money laundering laws. You acknowledge and agree that in order to comply with the Bank’s internal policies and/or applicable law [including the executive orders and regulations of the U. S. Department of Treasury’s Oﬃce of Foreign Assets Control (OFAC)], the Bank may be required to block funds, freeze funds, and/or forfeit funds to appropriate authorities, and to obtain information about the provenance of funds and transactions.

Representations and Warranties
1. The Bank does not represent or warrant, explicitly or implicitly, that the Services will be suitable for You for a particular interest or use. You agree that the Bank provided You with adequate information regarding each Service and that You have decided, freely and voluntarily, to subscribe to this Agreement.

2. You represent and warrant the Bank that You do not intend to use, and will not use, any of the Services for the purpose of providing, directly or indirectly, any service, including, but not limited to, financial accounting services, data processing, management, or other related services, to any other individual or entity.

Computer Software
1. The Bank uses software created by himself.

2. By agreeing to use said software, you are accepting the non-exclusive, non-transferable licenses of the aforementioned third parties. No employee of the Bank is authorized or has the power to make any amendments, changes, or deletions to any of the terms or conditions of said licenses.

3. You agree to use the software as-is.

4. If the software is defective, or damaged, the Bank will provide repair, correction, or replacement services, provided that You have used it properly..

Limitation of Liability and Indemnity
1. The Bank shall exercise due care and diligence in the performance of its obligations under this Agreement and the Services Agreement. However, the Bank shall not be responsible for compensating You for any damage, expense, cost, or loss of any kind that may occur as a direct or indirect result of rendering the Services, except when the Bank’s intentional acts or gross negligence cause You direct financial damage. In such case, the Bank’s responsibility shall be limited to the amount of the transactions in controversy and to the extent that the resulting damages could have been avoided or mitigated if You reasonably verified the information provided by the Bank, pursuant to the provisions of this Agreement. Under no circumstances shall the Bank be responsible to You for indirect, emotional, special, or punitive damages, even though the Bank may have been advised of the possibility of such damages.

2. In addition to your responsibilities pursuant to the Service Agreement, you assume responsibility, and commit to indemnify and hold the Bank harmless from any claims, suits, costs, fees, loss, or expenses of whatever nature to which the Bank may be subject, whether directly or indirectly, on account of mistakes, or negligent, or intentional acts carried out by You, your employees, agents, representatives, or contractors arising from the use of the Service provided by the Bank, (b) your failure to comply with its guarantees or any provision of this Agreement; and (c) the Bank’s compliance with any instructions given by You and related to the Services.

3. The Bank reserves the right to require You to have, during the life of the present Agreement, a compliance bond and/or insurance coverage for public liability and/or fidelity bond for the amounts the Bank, at its sole discretion, sets. Such insurance policies or bonds must be issued by insurance companies and must contain terms and conditions acceptable to the Bank.

4. The Bank shall not be responsible, nor shall it be under any obligation, to third parties (including, but not limited to, any of your partners, stockholders, directors, oﬃcers, agents, employees, clients, or providers) for rendering the Services to You in compliance with the terms and conditions of this Agreement or the Service Agreement. Except in the event of gross negligence or willful misconduct by the Bank, the Bank will not be responsible to You or third parties for damages arising from, or allegedly caused by, any act or omission by the Bank under this Agreement or the Service Agreement. You agree to indemnify and hold the Bank harmless from any claim or threat against the Bank that may seek to impose liability against the Bank in these cases.

5. The Bank shall not be responsible for non-compliance with any provision of this Agreement if said non-compliance is caused, in whole or in part, by circumstances beyond the control and responsibility of the Bank, including, but not limited to: communication failures, telephone or electric power services interruptions, mechanical defects in the equipment used in rendering the Services, explosions, accidents, fires, floods, war, criminal, or terrorist acts of government agencies, third persons, or any other acts of God or force majeure. In any of these events, the Bank’s responsibility shall be limited to restoring banking service or any other Services as soon as possible and to provide reasonable means of communication to guide and instruct You the procedures to be followed while the banking service or any other Services remain interrupted due to the emergency, all this is possible under the circumstances.

6. In addition to the limitations on responsibility provided in the terms and conditions of this Agreement, and except as provided by law, the Bank shall not be bound nor responsible for (a) any interruption in the Services that may result from government restrictions, market, or exchange regulations, (b) any act, failure to act, insolvency, or notification of insolvency to the Bank from the National Automated Clearing House Association (NACHA) and any of its members, or from any other financial or third party institution; or (c) any error, omission, lack of accurate information in any notice or communication that the Bank receives from another financial institution, automated clearing house operator, or the Federal Reserve Bank.

7. The Bank shall not be responsible or liable if your instructions for transfer of funds (a) mistakenly direct payment to a person other than the one intended by You; (b) mistakenly allocate payment for an amount larger than You intended; (c) mistakenly duplicate transmission of instructions previously given by You. In such cases, you are responsible for payment of the amount requested in the fund-transfer instructions.

8. The Bank will not be liable for your mistakes regarding the amount, certitude, timing, or proper authorization not any instructions received from You, or from any other person, including, but not limited to, any Federal Reserve Bank, transmission or communication facility, any deposit-receiving individual or financial institution, including the return of a request by such deposit- receiving individual or financial institution; and such person will not be considered an agent of the Bank.

9. DISCLAIMER OF WARRANTIES. THE SERVICES, PROVIDED UNDER THIS AGREEMENT, THE SERVICE AGREEMENT OR ANY OTHER SERVICE ADDENDA, ARE PROVIDED ON AN “AS IS”, AS “AVAILABLE”. THE BANK DOES NOT OFFER ANY WARRANTIES, OF ANY KIND, EITHER EXPLICIT OR IMPLICIT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHERMORE, THE BANK DOES NOT OFFER ANY WARRANTIES OF ANY KIND WITH RESPECT TO LOSS OR CORRUPTION OF DATA, LOSS OR DAMAGE TO EQUIPMENT AND/OR SOFTWARE, SYSTEM RESPONSE TIMES, TELECOMMUNICATION LINES, OR OTHER COMMUNICATION DEVICES, QUALITY, AVAILABILITY, RELIABILITY, SECURITY ACCESS DELAYS OR ACCESS INTERRUPTIONS, COMPUTER VIRUSES, BUGS, OR ERRORS. THE BANK DOES NOT OFFER ANY WARRANTY THAT SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; OR AS TO THE RESULTS THAT MAY DE OBTAINED FROM USE OF THE SERVICES. THE BANK ASSUMES NO RESPONSIBILITY OR LIABILITY IF TELECOMMUNICATION CARRIERS ARE NOT AVAILABLE AT ANY GIVEN TIME. THE BANK, IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU, OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY THE BANK. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE BANK REPRESENTATIVES WILL CREATE A WARRANTY; NOR MAY RELY ON ANY SUCH INFORMATION OR ADVICE.

Security Controls
You are responsible for maintaining security controls in your communications and systems networks used to access any of the Commercial Services. This includes, but is not limited to, maintaining security controls, such as: a) maintaining a firewall system to filter external and internal traﬃc generated in your communications networks; b) maintaining an antivirus system in each computer and server; c) maintaining the antivirus system in working condition and updated; d) establish and execute processes to update the apps installed in your systems; e) oﬀer training to your employees about good security practices for using the company’s systems. You represent that You have adopted and will be responsible for maintaining active all the security controls necessary to protect Your access to the Bank’s systems and to restrict such access only to authorized persons.

Financial Information
The Bank may require financial information at any time, including, but not limited to, credit analyses, audited financial statements and tax returns. If You do not agree or cannot comply with such requirement, the Bank may suspend any of the Services herein under agreement.

PROVISIONS THAT RULE THE USE OF THE ACCOUNT AND SERVICES

In order to qualify for Services and process transactions, debits, or credits initiated or authorized by You, your Account must remain active during the life of this Agreement.
Authorized Signatories and Authorized Persons
1. You may authorize in the Resolution the use of a signature produced by a machine or artifact (Facsimile Signature) for an Authorized Signatory of the Account.

2. You shall provide the Bank with a sample of the Signature Facsimile. You are responsible for maintaining the facsimile signature machine under strict control, and verify the Account Statements and cleared checks or their electronic versions, as established in this Agreement, to identify any unauthorized use of the Signature Facsimile. You agree that the Bank may pay items bearing the authorized Signature Facsimile, even if made by a person not authorized to use it or by a counterfeit machine for the reproduction of signature facsimiles.

3. You agree to release and indemnify the Bank from any liabilities resulting from the use of Signature Facsimiles, including lawyer’s fees and any litigation costs.

4. You agree to register the Authorized Signatures whenever they have deviated notably from the signatures in the Resolution. You agree to release the Bank from any liabilities for not fulfilling payment orders or issues with signatures diﬀerent from the ones registered.

5. You must appoint one or more persons (“Authorized Person”), whom You must include in the corresponding Service Addendum for each service so that the person may: (1) conduct transactions on your behalf (2) receive Bank information related to Service operations, including, but not limited to, the access code provided by the Bank; (3) issue written instructions or notify the Bank of any action or request from You; and (4) issue any document related to this Agreement the Service Agreement or any other Service Addendum that the Authorized Person may deem necessary or convenient.

6. In the event of death of an Authorized Person or Signatory in the Account, you shall notify the Bank immediately and make the necessary arrangements for a new Resolution and the corresponding changes to the Service Addendum, if applicable.

Deposits
1. The Bank will credit deposits that comply with the terms and conditions of this Agreement. The Bank may refuse to credit a deposit if the information is incomplete, illegible, inconsistent with the information given when You opened your Account, or if the deposit fails to abide by any of the provisions of applicable law.

2. The Bank reserves the right to accept or limit any deposit, and to require the withdrawal of a deposit when it deems it convenient.

3. The initial account deposit is $10,000.00, a daily minimum balance of $10,000.00. If this balance, goes under the minimum a $100.00 fee will be charge.

Availability of Funds
1. You agree that the availability of funds deposited in the Account will be governed by this Agreement, fund transfers, exchange, and banking collection rules in force, and by applicable Federal or Puerto Rico regulations.

2. You authorize the Bank to adjust, debit, or credit the Account, according to the type of transfer, for the amount of any transaction returned for whatever reason, on the same Business Day in which the Bank receives the order.

3. You authorize the Bank to debit any of your accounts with the Bank for the amount of any fund transfer the Bank may have credited to the Account and for which final payment has not been received, or which for any reason has been returned to the Bank unpaid.

4. The Bank will not be responsible for re-deposit of items, or collection eﬀorts unless You specifically request Re-deposit and Re-Collection Services for your Account. Under no circumstances, will the Bank be responsible for the payment of returned checks.

5. The Bank may, at its discretion, re-attempt transferring funds into the Account, but is under no obligation to do so. If the new attempt is successful, the Bank will credit the funds to the Account without interest.

Pledged Funds
You may pledge any funds deposited in the Account, to the Bank as collateral security for any obligation granted to You by the Bank, if such guarantee were required and accepted by the Bank.

Transfer to Third Parties
Funds deposited in the Account shall not be pledged, assigned or transferred to third parties or institutions as a guarantee for loans or other obligations, except when authorized in writing by the Bank.

Confidentiality
The Bank respects your right to confidentiality regarding your Account and will only disclose your information when required by law.

Legal Processes Against Accounts / Garnishments
1. You agree that the Bank will comply with any order or writ of attachment issued by a court or governmental authority (including but not limited to the Treasury Department and the Federal Internal Revenue Service), and will freeze and/or deliver funds available in the Account at the time the order or writ of attachment is presented to the Bank, in accordance with its terms.

2. The Bank shall be under no obligation to contest, challenge, or question the terms of an order, notice of levy, or writ of attachment, nor shall it be under obligation to defend You or to raise any defense that You may have against the person or entity promoting the order or writ. The Bank shall strictly comply with the terms of any such order or writ, until it has been served with an order or a resolution issued by the same court or authority indicating that it be released. Presenting evidence of payment of the debt or release of the obligation that prompted the order or notice of levy, will not suﬃce for the Bank to release the funds.

3. If the order or writ of attachment were issued against any one of the Authorized Signatories in a joint and several accounts (and/or), the Bankwill proceed to freeze and/or deliver the funds as per the order or writ without the need to determine ownership of the funds or legality of the order or writ.

4. If the Account is subject to any legal proceeding, the Bank may refuse to pay any item drawn against it until resolution of such proceeding. The Bank shall not be liable to You for amounts paid pursuant to an order, attachment, or notice of levy, even if such payment precludes payment of other items from the Account.

5. The Bank may impose a processing fee in the event it is served with an order to garnish funds in the account.

6. If the Bank incurs any expense including but not limited to legal fees and other disbursements related to any legal action, that are not reimbursed, the Bank may charge the Account without prior notice to You.

7. The Bank may, at its discretion, refuse payment orders against the Account for a reasonable period after receiving notification of an existing or potential claim against the Account.

8. Any attachment, pledge, or lien against the Account is subordinate to the Bank’s right of setoﬀ and security interest.

Setoﬀ
You will maintain at all times suﬃcient funds in your Account to cover all debits as well as all Service charges. If You have insuﬃcient funds in the Account, you will owe the Bank the amount of the deficiency. The Bank is expressly authorized to debit your Account or any other account that You may have with the Bank, any amount owed by You to the Bank, without prior notice, subject to the provisions of applicable law.

Inactive Accounts and Unclaimed Funds
If you do not make transactions in your Account during the period indicated in the Deposit Account Addendum, the Bank could charge a fee for inactivity until such time it is reactivated or the Account is closed. All Accounts in which no transactions are made for a consecutive period of five (5) years or more will be closed and the funds will be transferred to the Oﬃce of the Commissioner of Financial Institutions, or such other entity that has a right to receive such monies. The Bank will not be responsible for such transferred funds.

Calls to Business Banking Center
You understand that the Bank may occasionally monitor and/or record telephone calls to Business Banking Center and supervise its employees to ensure the quality of service. Every caller to Business Banking Center is warned at the beginning of the conversation, and is free to terminate the call. You fully understand the rationale behind this practice and expressly consent hereby to having your calls to Business Banking Center monitored or recorded for such purposes.

METHODS TO ACCESS THE ACCOUNT AND SECURITY MEASURES
ATM Card (ATM)
1. It is an essential condition for issuance and use of the ATM card to maintain an active Account with the Bank. Only Joint and Several Accounts (and/or) are eligible to receive ATM cards.

2. You may perform withdrawals from and deposits into the Account, transfer funds between diﬀerent sections of the Account at Automated Teller Machines (ATMs), and purchases in Points of Sale (POS) by using the Card and the Personal Identification Number (PIN) You select. Such transactions shall be governed by the terms and conditions of this Agreement. Cash withdrawals may not exceed $1,000 per day for a Regular ATM card.

3. The ATM card may be used to access the Bank’s ATMs and other electronic teller machines aﬃliated to the ATM Network, inside and outside Puerto Rico, and any local or international networks to which the Bank may become aﬃliated. Using your ATM card may be subject to fees charged by the Bank or by other ATM operators.

4. Deposits made at the Bank’s ATMs will not be available for withdrawal or transfer until verified by the Bank.

5. The Bank reserves the right to authorize cash withdrawals from an ATM or POS purchases, when the ATM or POS are not in direct communication with the Bank’s central computer.

6. The Bank will process transactions made at ATMS on the next Business Day after the Cut- oﬀ time indicated on each ATM.

7. Subject to applicable laws, you will be liable to the Bank for any debit to the Account corresponding to withdrawn funds or purchased merchandise using the Card and the PIN and for overdrafts resulting from a transaction, or for withdrawn amounts in excess of the available fund balance in the Account due to such debits.

8. The Bank may issue additional ATM cards to all Authorized Signatories and recognize the cards and corresponding PINs selected by each Authorized Signatory. Any debit to the Account corresponding to withdrawn funds or purchased merchandise by any of the Authorized Signatories through the use of the ATM card and the PIN will be deemed valid. Each Authorized Signatory will be responsible for such withdrawal(s) and release the Bank from any responsibility arising from losses that each may suﬀer as a result of the use of the ATM Cards and PINs.

9. You are responsible for maintaining your PIN confidential in order to prevent unauthorized transactions. For this reason, you agree not to write the Personal Identification Number on the card.

10. You acknowledge that the card is property of the Bank at all times, and You agree to return it immediately upon request. The ATM card is non- transferable.

11. The Bank is not responsible for the acceptance or rejection of the ATM card at commercial establishments or any other establishments.

12. The Bank may cancel the ATM card at any time without giving you prior notice. In addition, the ATM card will be automatically canceled if there is no activity over a period of 18 consecutive months.

13. The use of the ATM Card for certain transactions including, but not limited to, transactions in Automated Teller Machines that do not belong to the Bank or point of sales and transactions through electronic channels or mobile phones, can include service fees charged by third party providers that may be added to the total amount of the transaction. Refer to the terms of use of the particular transaction to learn about the applicable fees.

ATM International Visa Cards
1. When You use the ATM International Card where the Visa card is accepted, the following conditions will apply: a. The amounts corresponding to purchase and cash advances will be debited from your account upon receipt of the payment order by the Bank from the merchant or institution where the transaction was made.

b. It is expressly agreed that You will not make transactions for amounts exceeding
the balance available in the Account. In the event that a business or financial institution, to whom an ATM International Card is presented, obtains authorization from the Bank to accept one or more payment orders, provisional holds can be placed on your Account for payment of said orders. You expressly release the Bank of any liability or responsibility for holds or debits to the Account that are made in relation to one or more payments orders authorized by the Bank, but thereafter not issued by You.

c. The Bank has the option of refusing payment order from the merchant or financial institution, and You alone will be liable for payment of the corresponding purchase or cash advance. In this case, the Bank will collect the applicable charge for insuﬃcient funds.

Responsibility in Withdrawals and Purchases with Regular ATM Card
1. You will be responsible for all transactions at automatic teller machines and for purchases using your Regular ATM Card. The Provisions of Regulation E, which regulate electronic funds transfers in consumer accounts and the Bank and consumer responsibility for non- authorized use, do not apply to commercial accounts. The Bank will not be responsible for non-authorized transactions made with your Regular ATM Card; therefore, you must take the proper precautions to protect your card and your PIN number.

2. In case of non-authorized use of your Regular ATM Card, you may lose all the funds deposited in your Account, The fastest way to notify us about non-authorized use and try to prevent potential or additional losses is by calling us. If You believe your card or PIN number has been lost or stolen, call us immediately at 1-888-363-1895 Island Bank International Error Resolution DEPARTMENT 252 Ponce de Leon Ave Suite 1702 San Juan PR 00918. If You have any questions or if You believe there is an error in your account statement or in an ATM or POS receipt, you may also contact us in writing to the address indicated above or by telephone to the numbers indicated above. When You contact us, you will need to state:

a. Your name and account number b. The date of the transaction and the reference number
c. Your claim or question
d. The amount in dollars of the alleged error

Responsibility for Non-Authorized Use of the International ATM
1. Regulation E disclosures, which regulate electronic funds transfers in consumers’ accounts, do not apply to commercial accounts. The Bank, however, has adopted the Zero Liability Policy which provides You protection against non-authorized transactions made with your International ATM card, subject to the conditions mentioned later on.

2. This protection is subject to the reasonable care You must exercise to prevent any non- authorized use of your card. You must immediately report any error or non-authorized use of your International ATM card. To prevent potential or additional losses, the fastest way to get in contact is by calling us. If You believe your card or PIN number has been stolen or lost, notify us immediately by following the instructions described in Section C. 2.

3. After the Bank receives your notification, it will investigate the circumstances of the transaction and, if required, will contact You to obtain more information. If the Bank determines that your claim is valid, a final credit for the total amount of the non-authorized transaction will be applied to your account.

4. The Bank will NOT be responsible in the following circumstances:
a. If the Bank reasonably understands, based on the circumstances of the alleged non- authorized use, that your actions were fraudulent or negligent regarding the management of the card; or
b. If You did not promptly notify the non-authorized use, in any case, not later than 60 days after the mailing date of the Account Statement which contains the suspected non- authorized transaction.

Responsibility for Withdrawals with Regular ATM and International
ATM Cards
The Bank will NOT be responsible under the following circumstances:
a. If for any reason not attributable to the Bank, You do not have suﬃcient funds or available credit in your account to make the transfer or withdrawal;
b. If the ATM machine where you made the transaction does not have enough cash;
c. If the transfer amount exceeds the available funds in your line of credit, investment, or checking account;
d. If the ATM machine was not properly working and You knew it was not properly working when You started the transfer;
e. If You have not notified us about the loss, theft, or possible non-authorized use of your card according to the terms established in this Agreement;
f. If circumstances beyond the Bank’s control, such as fire or flood, prevent the transfer, despite the reasonable precautions taken by the Bank;
g. If the funds in the account are subject to any legal process, restriction, or attachment that impedes the transfer of the funds.

Security Measures
1. In order to access any banking service or Service with access control, the Authorized Person shall provide the access codes or identification methods that the specific Service requires before the Bank can accept and process your instructions. You will notify the Bank immediately in writing, using the form required by the Bank, of any changes regarding Authorized Persons or their corresponding authorization limit. Until such notice is received, the Bank can accept, without further investigation, all declarations, instructions, or representations the Authorized Person makes or issues.

2. The Bank is not responsible, explicitly or implicitly, for questioning or verifying with You if persons using or accessing banking service or any Service contracted by you are, in eﬀect, an Authorized Person, or if they are acting according to your internal procedures and policies. The Bank’s responsibility will be limited to guaranteeing that any use or access attempt will be made using the access codes or other identification method required by the banking service or any other Service, according to the normal operational sequence.

3. You agree to pay any funds transfer, as well as any loss or damage, direct or indirect if a transfer is initiated by instructions that include valid access codes or applicable identification methods, even if it may have not been initiated by an Authorized Person.

4. You understand and accept that the Bank may execute instructions to debit or credit an Account in which the Authorized Person could have an interest and the Bank will not have the obligation of determining if such instruction is appropriate or not.

5. You represent that You have adopted and will be absolutely responsible for the fulfillment of any and all security measures necessary to protect access to the Bank’s systems by each Authorized Person, as well as your directors, oﬃcers, employees, and agents.

6. You guarantee that You have established commercially reasonable security procedures and that the purpose of said security procedures is to verify the authenticity of transactions in order to minimize the risk of fraud due to unauthorized access, and not to detect errors in the transmission or content of the entry. The parties have not agreed to establish a procedure to detect such errors.

7. You guarantee that You have established and will keep all internal procedures as are necessary to prevent unauthorized transmissions. You guarantee that You will not allow any individual to initiate transfers without due supervision and safeguards; and agree that You will take the necessary measures to maintain the confidentiality of security procedures, access codes, instructions, and security equipment provided by the Bank.

8. If You suspect that unauthorized persons have had access to codes or instructions, you must notify the Bank immediately, followed by written confirmation. Unauthorized access will not aﬀect transfer instructions executed by the Bank before receiving said notification.

9. The Bank will take reasonable precautions to ensure that your information, remains confidential and safe from unauthorized access by third parties. Compliance with the Bank’s regular security and privacy measures will satisfy the Bank’s obligation in this respect.

10. You agree to perform an annual audit on security to assure that the financial information of your clients is protected through security measures and practices that include, at a minimum: (a) physical safeguards to protect against robbery, illegal manipulation or damage; (b) controls related to personnel and access to protect against unauthorized access and use and (c) security in the network transmissions in order to assure the collection, storage, and distribution of the financial information.

FUNDS TRANSFERS

General Terms and Conditions
The following terms will apply to fund transfers You request or receive through the Bank’s fund transfer service.

1. Authorization – You may request or receive electronic fund transfers (“Transfer”). Transfers may be requested to transfer funds from the Account to other accounts that You own, or to other accounts owned by third parties, either with the Bank or with other financial institutions, or for receiving funds into your Account. You authorize the Bank to debit or credit any Transfer (including any charges or applicable expenses) that is transacted as set forth in this Agreement. The Bank will not search for the funds in any account other than the one specified in the Transfer request. You authorize the Bank to transfer the funds from the Account, with authorization of the signatories who have been appointed to initiate and/or confirm Transfers.

2. Security Measures – You expressly acknowledge and agree that the measures You establish are commercially reasonable and adapt to your particular circumstances. You acknowledge that these measures are designed to detect unauthorized Transfers and not errors in the content of the instructions. You accept responsibility for the transfer, whether or not You have authorized it, provided the Bank has accepted the payment order subject to established security measures.

3. Selection of Beneficiary Bank – Upon requesting a fund transfer, you must designate a financial institution (“Beneficiary Bank”) to receive the funds. You may instruct the Beneficiary Bank to credit the funds to an account or to hold the funds for the recipient. The Beneficiary Bank is responsible for following your instructions and for letting the recipient know when the funds are available.

4. Selection of the Intermediary Bank – The Bank may select the intermediary bank or transfer system (“Intermediary Bank”) it deems appropriate under the circumstances in order to forward the funds to the recipient, including, but not limited to, Fedwire, SWIFT and must operate subject to the policies and procedures of each system. If You order the Bank to use a particular Intermediary Bank or system to transfer funds, through which the Bank will process the payment order, you are assuming all responsibility for errors or failure of the Intermediary Bank to pay, as well as any loss resulting from use of the means selected.

5. Agent Designation – You may select a third-party agent (“Agent”) not else considered an Authorized Signer or Authorized Representative under this Agreement, to act in Your behalf in connection with Transfers, or otherwise facilitate the same. Unless the Agent is another financial institution which is a party together with the Bank, to a standing agreement governing Transfers, before the Agent first acts on Your behalf: (a) You must notify the Bank of such appointment in writing, and (b) the Agent must execute such documents as the Bank may require (if any). The Agent will be considered to be Your representative and not that of the Bank. All Transfers carried out, or otherwise attended to or facilitated by the Agent will be governed by the terms and conditions of this Agreement as if carried out, or otherwise attended, by You personally. You will be bound by, and be liable for, all actions of the Agent in connection with Transfers, as if You were personally carrying them out. In the event of a discrepancy between the terms of a Transfer as communicated between You and the Agent, and those of the same Transfer as communicated between the Agent and the Bank, the terms of the Transfer as communicated between the Agent and the Bank shall prevail and You will be bound thereby.

6. Discrepancies in Names and Numbers – If You identify the recipient, the Beneficiary Bank, or the Intermediary Bank with an account number or with a name and number, the Intermediary Bank and the Beneficiary Bank may rely on the said number and they will not be responsible for verifying that the account number belongs to the recipient specified on the Transfer request. This same rule will apply to the Bank when the Transfer is being sent to You and when returning the Transfer to the remitting Bank. You acknowledge that the Bank will not be responsible for any delays that result from the Bank’s attempt to clear any discrepancies between the name and account number, nor be obligated to investigate suspicious irregularities. You understand that any loss or delay due to lack of accurate identification will be your responsibility only, and not the Bank’s.

7. Conversion to Foreign Currency – Upon Your request, the Bank will convert funds to the currency of the receiving country at the exchange rate in eﬀect at the time of transfer. If the final destination of the Transfer is a foreign country, the Bank cannot guarantee that the recipient will receive the funds in US currency, even if requested. The Beneficiary Bank may charge a currency conversion fee. The actual amount received by the recipient may be less, due to fees charged by the Beneficiary Bank, including currency conversion fees. In case of Transfers received in foreign banknotes, the Bank will convert the funds to US dollars at the prevailing exchange rate at the Bank on the day the transfer is accepted. This rate includes a commission for the conversion service. Transfers in foreign currency may be conducted up to two (2) Business Days after the Bank receives the request. If the Bank were to restitute funds that have been converted to foreign currency, it would abide by the prevailing exchange rate on the date of the restitution, after deducting applicable expenses. In case of Transfers made in US dollars to a foreign country, the Bank will not be responsible for conversion rates applied by the receiving bank.

8. Repetitive Transfers – If the Bank or You determine that the Transfers have become repetitive, the Bank may assign a number, name, or a combination of both, at your request, as set forth in Exhibit C – Authorization for Repetitive Transfers. In this case, you may use said number, name, or combination, to expedite future requests. The Bank may conduct all Transfers that contain this number, name, or combination.

9. Payments to the Bank / Fees – The number of funds transferred, in both international transfers and transfers within the United States, could be reduced due to fees charged by the Beneficiary Bank and the Intermediary Bank, including those fees charged by the Bank. The Bank will deduct applicable fees from any Transaction and will notify You by mail any time the Bank debits or credits your Account with a Transfer. You are responsible for returning any amount credited mistakenly to your Account. You will also be responsible for expenses caused by failure to provide identification information for the Beneficiary Bank, and for any charges billed by the selected Intermediary Bank.

10. Statements of Account / Claims – All Transfers will be reflected in your periodic Account Statement. You must notify the Bank of any errors, delays, or other problems with a fund transfer within thirty (30) days after receiving notification that the transfer was generated, or after receiving the Account Statement indicating the Transfer, whichever occurs first. If You do not notify the Bank of any claim concerning fund transfers within one year of having received the notification or the corresponding Account Statement, all claims shall be null and void, in compliance with applicable law.

11. Delays or Failure to Execute Transfers – Generally, the Bank makes Transfers electronically, although it could use other means. The Bank’s responsibility is limited, according to the provisions of the Limitation of Liability and Indemnifications provisions of this Agreement. The Bank will not be responsible to You for delays or failure to execute fund transfers due to action or omission of the Intermediary Bank or Beneficiary Bank.

12. Cancellation or Amendment of a Fund Transfer Request – If You decide to cancel or amend a fund transfer request, You may only do so only if the funds have not yet been transferred and the Bank has suﬃcient time to carry out your new instructions. Generally, once the Bank has sent the funds, You cannot cancel or amend the payment order, unless the Beneficiary Bank accepts the cancellation or amendment. The Bank and/or the Beneficiary Bank may charge a fee for cancellation or amendment of fund transfers. The Bank is not responsible for any loss resulting from the failure of the Beneficiary Bank to comply with the cancellation or amendment request.

13. Rejection of a Transfer Request – The total amount of funds needed to carry out a fund transfer and pay the service charges, or any other obligation to the Bank, must be available in the Account at the moment of executing the fund transfer request The Bank is under no obligation to accept a fund transfer request (entirely or partially), and may delay accepting any Transfer if (a) the Transfer requested exceeds the amount available in the Account; (b) it does not comply with security measures; (c) it is not duly authorized;(d) it does not provide the information required by the Bank; (e) is impractical or impossible to accept; (f) the Bank understands that the transfer does not comply with one or more of the provisions in this Agreement, or any other federal or state law, including, but not limited to, the Oﬃce of Foreign Assets Control (OFAC): or (g) if the designated account is blocked for security reasons, or for any other reasons, such as levy or frozen assets. 14. Acceptance of Transfers – The Bank will not be responsible in any way for accepting a fund transfer received for your benefit. Although the current practice of the Bank is to notify You of the acceptance of a fund transfer in US dollars within two (2) Business Days after the date of receipt, if said fund transfers are made through a system other than the Automated Clearing House (ACH), the Bank is not obligated to provide such notification. The Bank will credit the account of the recipient on the date the Transfer is paid, if it is received before Cut- Oﬀ Time on a Business Day. If not, the account will be credited the next Business Day. 15. Provisional Payment of Received Transfers – The credit extended to You by the Bank for transferred funds is provisional until the Bank receives final payment of the amount transferred. Should the Bank not receive payment for the funds, You agree to reimburse the Bank for the Transfer amount. An unaccepted Transfer is canceled, as provided by law, at the close of the fifth Business Day. 16. Cut-oﬀ Time – If the Bank receives the Transfer request at Cut-Oﬀ Time or after Cut-Oﬀ Time, the request will not be processed until the next Business Day. 17. Law Governing Transfers – The rights, duties, and responsibilities of the parties are governed by the provisions of Chapter 4 (Transfer of Funds) of the Puerto Rico Commercial Transaction Act and shall be subject to the laws of the Commonwealth of Puerto Rico. If any part of a transfer of funds involves the use of Fedwire, your rights and obligations, as well as the Bank’s in relation to the electronic transfer, shall be governed by Regulation J of the Federal Reserve Board. 18. Additional Documents – You agree to execute such additional agreements or other documents dealing specifically with Transfers, as the Bank may require. 3. The initial account deposit is $10,000.00, a daily minimum balance of $10,000.00. If this balance goes under the minimum a $100.00 fee will be charged.

DISCLOSURE RELATED TO THE AVAILABILITY OF FUNDS DEPOSITED INT TRANSACTION ACCOUNTS
Federal Regulation requires banks to make deposited funds available to You within certain periods of time. Depending on the type of deposit, the funds may be available to You the same day, the next business day, or after several days; in the majority of cases, the longest possible delay is until the seventh (7th) business day following the day of the deposit. During the delay period (if any), You may not withdraw the funds in cash and the Bank will not use the funds to process payment orders issued by You.

The Bank establishes the limits for the availability of funds deposited according to the minimum amounts required by Regulation CC. The following explanations are intended to provide an easy guide for determining when various types of deposits (cash, electronic transfers, etc.) will be available to You for cash withdrawals and for the payment of checks against the Account. However, periodically the Bank will review several criteria, and may provide higher availability of funds than the limit established by the Regulation. If you need further information regarding this matter, please visit any of our branches or call us through ISLAND BANK International at 787-705-2005 (mobiles and Metropolitan Area) or toll-free 1-888- 363-1895 (outside Metropolitan Area) and one of our service representatives will assist you.

The availability Policy only applies to funds deposited for accounts of ISLAND BANK International .
How to Determine the Availability of Deposited Funds
The length of the delay is counted in business days, starting on the first business day after the day of the deposit. Business days are defined as every weekday, except Saturdays, Sundays, and federal holidays. Although the Bank oﬀers public banking services on Saturdays, Sundays, and some federal holidays, these are not considered business days.

Availability of Funds Deposited for Purposes of Cash Withdrawals, the Purchase of Goods and Services in Establishments that Accept the ATM Card as a Mean of Payment (Point of Sale Transactions).
1. Deposits Available for Cash Withdrawals on the Same Day of the Deposit
a. Electronic fund transfers, such as: Social Security benefits and payroll payments by direct deposit.
b. Cash: provided the telecommunications facilities of the Bank are readily available.
c. Deposits Available for Withdrawals on the Next Business Day Following the Date of the Deposit:

2. Federal Regulation provides that certain items be available for withdrawal on the business day following the date of the deposit:
a. Wire transfers
b. Checks drawn against any Island Bank International branch located in Puerto Rico or the US and British Virgin Islands; US Treasury Checks; Postal Money Orders; Federal Home Loan Bank Checks; and Federal Reserve Bank Checks, notwithstanding the amount of these checks.
The first $1,000 of the total deposit of other checks drawn on banks other than Island Bank International.

3. Availability of Other Checks Deposited
The availability of funds from other checks deposited will depend on Sinovusonline international bank’s policy.
a. Deposits in Commercial Transaction Accounts
The first $1,000 of the aggregate sum of other checks deposited on any business day will be available in the following manner:
i. If the aggregate amount of the deposit with other checks is $1,000 or less, the entire amount will be available for cash withdrawal and payment of checks on the next business day.
ii. If the total aggregate amount of the deposit with other checks is more than $1,000, the Bank will make $1,000 available for withdrawal on the next business day. FIRST FINANCE International Bank will have available for withdrawal up to $400 on other checks on the second business day after the deposit, whenever the aggregate amount of checks is $1,000 or more.
iii. The remainder of the funds deposited will be available for cash withdrawals and payment of checks on the third business day following the day of the deposit.

Delay on the Availability of Funds for Longer Periods
1. The Bank may delay the availability of funds from check deposits for a longer period of time under the following circumstances:
a. If the Bank believes that a check You deposit will not be paid.
b. If there is an emergency, such as failure of the Bank’s communication or computer equipment, or bad weather conditions (such as a hurricane or an earthquake)

2. The Bank will notify You if your availability to withdraw funds will be delayed for any of the foregoing reasons, and You will also be informed as to when the funds will be available. The funds will be available not later than the seventh (7th) business day following the day of the deposit.

Special Rules for New Accounts
payments through direct deposits) will be available for withdrawal on the same day as of the deposit. However, the following rules will apply during the first thirty (30) days after opening your Account:
1. The next business day funds available policy of $1,000.

2. US Treasury Checks; Postal Money Orders; Federal Home Loan Bank Checks, Federal Reserve Bank Checks, Certified Checks, Oﬃcial Checks and checks from the Government of the Commonwealth of Puerto Rico will be available for cash withdrawal and payment of checks on the next business day.

3. The funds of other checks deposited can be delayed for a longer period as established by the regulation.

Disclosure regarding to the Check Clearing for the 21st Century or Check 21 Act (“Check 21”)
The federal law known as Check 21 was enacted to facilitate the interchange of checks between financial institutions and improve the overall eﬃciency of the payment system. This law allows the electronic interchange of checks eliminating the physical checks as they will only travel and be sorted electronically.

To make check processing faster, federal law allows banks to replace original checks with substitute checks. Substitute 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. A substitute check that meets the requirements for legal equivalence is subject to any provision of federal or state law that applies to original checks.
DISCLOSURE RELATED TO PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING

The Federal Regulation issued pursuant to the Unlawful Internet Gambling Enforcement Act prohibits the processing of restricted transactions through commercial accounts or relationships. Restricted transactions include those in which a credit, an electronic fund transfers, checks, or drafts are knowingly accepted by a business in connection with the participation by others in unlawful internet gambling. Your account may not be used to process unlawful Internet gambling transactions. The Bank may reject any such transaction and may close your account, if a restricted transaction is identified in your account.

By opening your account, you certify that you are not engaged in any business relating to unlawful internet gambling, as defined in Regulation GG, and agreed to notify us immediately if your Account is used for such activity.

Updated March 10, 2021