Business Online Banking Agreement & Authorization

Business Online Banking Terms & Conditions

1. Introduction.

The Business Online Banking Terms & Conditions (herein referred to as the “Terms & Conditions” or “Agreement”), is a contract that establishes the rules governing the electronic access to your accounts at Unity Bank, through the UNITY BANK BUSINESS ONLINE BANKING SYSTEM. By using BUSINESS ONLINE BANKING, you accept all the Terms and Conditions of this document. Please read the Agreement carefully, as it is our legal agreement with you that governs your use of our BUSINESS ONLINE BANKING SYSTEM. The Terms and Conditions of the agreement, disclosures, and other documents, in effect from time to time, governing your Deposit Account(s) with us, as well as other agreements with Unity Bank, such as loans, safe deposit boxes etc. (Collectively, herein referred to as the” Account Documents”), continue to apply, notwithstanding anything to the contrary in this Agreement.

This Agreement is subject to the laws of the State in which your account is located. If any provision of the Agreement is found to be unenforceable according to its terms, all remaining provisions shall continue in full force and effect. The headings of the Agreement are for reference purposes only, and will not govern the interpretation of any provisions of the Agreement. Any waiver, express or implied by either party, of any default or breach of the Agreement must be in writing and shall not constitute a waiver of any subsequent breach or default. You may not assign the Agreement. The Agreement is binding upon your heirs and the Banks’ successors and/or assigns. Certain obligations of the parties of the Agreement shall survive the termination, cancellation, or expiration of the Agreement. This Agreement, together with any other applicable Agreement that has been provided to the Customer, and Unity Bank’s Privacy Policy, apply to the Customer’s Accounts. The Customer must review each of these items in order to understand all of their rights and responsibilities in connection with use of Business Online Banking for business purposes.

2. Definitions

a. As used in this Agreement, “we,” “our,” “us,” and “Bank” mean Unity Bank. “You” and “your” refer to the account holder(s) authorized by the Bank to use BUSINESS ONLINE BANKING under this Agreement, and anyone else authorized by the account holder(s) to exercise control over the account holder's funds through the use of BUSINESS ONLINE BANKING. “Account” or “Accounts” mean your account(s) at Unity Bank.

b.“Account” means a checking, interest checking, savings, money market savings, certificate of deposit or loan account Customer has opened.

c.“Electronic Funds Transfers” and “Transfers” mean any ATM withdrawals, preauthorized or point-of-sale transactions, and transfers to and from your Bank Account(s) using BUSINESS ONLINE BANKING. “

d. "Services” means the services provided pursuant to this Agreement.

e.“Business Day” means any day Monday through Friday, excluding Federal Holidays or other days that banks are legally closed.

f. “Hours of Access” means seven (7) days per week, twenty-four (24) hours per day. Some or all BUSINESS ONLINE BANKING functions and services may occasionally be unavailable, due to emergency or scheduled maintenance. We agree to post notice on the Bank website if ONLINE BANKING will be unavailable for any extended periods of time.

g. “Primary User” or Administrator” is any person who establishes, defines and maintains the rights of each user in Business Online Banking.

h. “Authorized Representative” means a person whom the Customer authorizes to view or transact business on its Account using Business Online Banking. Unity Bank may continue to recognize the authority of an Authorized Representative until the Bank has received and had a reasonable time to act upon written notice from Customer that a person previously designated by Customer as an Authorized Representative is no longer authorized to view or transact business on Customer’s account using Business Online Banking.

i. “Client Self-Administration” means the process where a Primary User or Administrator establishes, defines and maintains the rights of each user.

j. “User” means person “Administrator” or “Primary User” authorizes to use the service to access and or initiate transactions on an account who may or may not be authorized signers on the Account.

k. “Multi-Factor Authentication” means the extra layer of security designated to help strengthen the safeguards in place at login and throughout the Customer’s Business Online Banking experience by adding steps to verify identity. These steps are commercially reasonable as defined under both the UCC 4A and guidance provided to the banking industry by the Federal Financial Institutions Examination Council (FFIEC).

l. “Electronic Access Device” means a standard or traditional desktop computer or PC laptop or a mobile device.

3. Requirements.

Prior to enrolling in the Service and accepting the electronic version of this Agreement, the customer should verify that they have the required hardware and software necessary to access the Service and to retain a copy of this Agreement. To access Business Online Banking, you must have the following:

1. A Unity Bank checking, savings or loan account.

2. A computer, Internet access and a common browser.

3. 128-bit SSL (Secured Sockets Layer) encryption.

4. Service through an Internet Service Provider.

5. A USER ID, and PASSWORD or MULTI-FACTOR AUTHENTICATION (token) for each User.

4. Access to Unity Bank BUSINESS ONLINE BANKING.

The Customer may access Business Online Banking and its Accounts to check balances, transfer funds, review online statements, view transaction history, and various other activities. To gain access to your accounts through Unity Bank’s BUSINESS ONLINE BANKING SYSTEM the customer must have a USER ID and a PASSWORD as described below and the required hardware and software. The Customer is solely responsible for having the required hardware and software and for securing an Internet Service Provider.

We undertake no obligation to monitor transactions initiated through BUSINESS ONLINE BANKING to determine if they are made on behalf of the Account holder(s). Secure email to the Bank is provided, so that you may ask questions about your Account(s), as well as for general feedback. Said email is accessible ONLY once you log in to BUSINESS ONLINE BANKING and is found on the top menu; click Mail. Please be aware that general or public email transmissions are NOT secure. Therefore, to ensure the security of your Account(s) information, you are required to use the secure email within BUSINESS ONLINE BANKING when asking specific questions about your Account(s). Email CANNOT be used to initiate transactions to your Account(s). To initiate transactions, you must use the appropriate functions within BUSINESS ONLINE BANKING or call Cash Management at 877-403-3322.

5. Your Password

For security purposes, you are required to change your password upon your initial log in to BUSINESS ONLINE BANKING. You designate the password that you will use, and the identity of your password is NOT communicated to us. You agree that we are authorized to act upon instructions received under your password. You accept full responsibility for the confidentiality and security of your password. You agree to change your password regularly, when prompted to do so by BUSINESS ONLINE BANKING. You agree to notify us immediately upon the theft or compromise of your password, or upon discovery of any transactions that you did not authorize. Upon three (3) unsuccessful attempts to log in, your access to BUSINESS ONLINE BANKING will be revoked. To re-establish access, you must contact us, as stipulated below.

Your password MUST be 10-16 characters long, contain a combination of alpha-numeric characters: at least one (1) upper case character, one (1) lower case character, one (1) number, and one (1) special character. It cannot contain any repeated symbols in a row. Your password should not be associated with any public or private personal information, such as your birth date, Social Security Number, address, etc. For security purposes, your password should be memorized, and not written down anywhere.

Unity Bank recommends that passwords be changed regularly. All PASSWORDS are required to be changed every six (6) months.

6. Security

You understand the importance of your role in preventing the misuse of your Account(s) through BUSINESS ONLINE BANKING and agree to promptly examine each statement for your Account(s) as soon as you receive it. You agree to protect the confidentiality of your Account(s), Account number(s), and personal identification information, such as your driver’s license number and Social Security Number. You acknowledge that identification information by itself, or along with Account information, may allow unauthorized access to your Account(s). Your User ID and password are intended to provide security against unauthorized access to and/or use of your Account(s). In an effort to provide transmission security, data transferred via BUSINESS ONLINE BANKING is encrypted. BUSINESS ONLINE BANKING utilizes identification technology to verify that the sender and recipient of any BUSINESS ONLINE BANKING transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that BUSINESS ONLINE BANKING is secure, you acknowledge the Internet is inherently not secure and that all data transfers, including electronic mail, occur openly on the Internet. These transfers can potentially be monitored, read, and intercepted by others. We cannot and do not warrant that all data transfers using BUSINESS ONLINE BANKING or email transmitted to or from us will not be monitored, read, and intercepted by others.

7. Contact by Unity Bank or Affiliated Parties

No Unity Bank employee will contact the Customer via email or phone requesting its Online Company ID, User ID, Password, or Multi-Factor Authentication Information. If the Customer is contacted by anyone requesting this information, please contact 1-877- 212-2423 immediately.

8. Accepting the Agreement

The customer understands that by using Business Online Banking or by Authorizing others to use it, the customer has agreed to the Terms and Conditions of this Agreement and that no signature is required on this Agreement. The customer agrees to use the Business Online Banking service for business clients solely as provided in this Agreement. If customer has items that generate a charge, the Customer agrees to pay Unity Bank for the services provided.

Unity Bank will rely on the Primary Users’ or Administrator’s to help identify, and in some cases create authorities additional Users. If additional Users are appointed, the Customer is representing and warranting that they will be acting on the Customer’s behalf and they will be bound by this Agreement and any other separate Agreement governing the Account. Customer agrees the Users are fully authorized to act in the authority of any rights granted to them as Primary User/Administrator. This may include the right to store, review, retrieve, or delete electronic records in the Customer’s Account.

Unity Bank may, at the Bank’s option, permit the Customer to authorize a User to initiate funds transfers or other transactions on an Account. If a User is to initiate funds transfers or other transactions on an Account, then the Customer is agreeing that, for the purposes of such transaction, the User is authorized to do so.

The customer agrees that Users will be appointed only if Unity Bank permits it and provides a procedure for appointing Users as part of the Business Online Banking service. The Customer agrees that it will follow any User appointment procedures Unity Bank provides. This provision takes precedence over any conflicting provision in any other agreement the Customer has with Unity Bank. Unity Bank may discontinue offering User services or permitting Users to access Customer’s Account at any time without prior notice.

9. Fees & Charges

You agree to pay any and all fees and charges, as set forth in the fee schedule. You agree that all such fees and charges will be deducted from the Account to which said fees and/or charges apply. You also agree to pay a reasonable charge for any services that you request that are not covered under this Agreement. You are responsible for any Internet and telephone service fees that you incur in connection with your use of BUSINESS ONLINE BANKING.

10. Transfers

Transfers initiated through BUSINESS ONLINE BANKING prior to 5:00 P.M. Central Time on a Business Day will be posted to your Account(s) that same day. Transfers completed after 5:00 P.M. Central Time, or on a non-Business Day or Federal Holiday, will be posted to your Account(s) on the next Business Day. BUSINESS ONLINE BANKING identifies Transfers based upon the User ID of the person who initiated the Transfer. Accordingly, you understand that the History menu option of BUSINESS ONLINE BANKING will not display Transfers made from the same Account(s) by multiple users on the same day if different User IDs are used. In order to prevent overdrafts, you agree to communicate with any other persons authorized to access your Account(s) concerning any Transfers or other payments from your Account(s).

11. Transfers-Insufficient Funds

If your Account does not have sufficient funds to perform all of the Electronic Funds Transfers you have requested on a given Business Day, then:

1. Electronic Funds Transfers involving currency disbursements, such as ATM withdrawals, will have priority.

2. Electronic Funds Transfers initiated through the System that would result in an overdraft may be cancelled by us, at our sole discretion.

3. In the event that Electronic Funds Transfers initiated through the System are not canceled and an overdraft results, overdraft charges will be assessed, pursuant to the terms of the deposit agreement(s) and the disclosures for your Account(s).

12. Transfers-Limits on the Frequency and Amounts

The number and types of Transfers, and the amounts that may be transferred are limited, pursuant to the applicable deposit agreement and disclosures for your Account(s). If a hold has been placed on the funds in your Account(s), you cannot transfer any of the funds that are subject to the hold.

13. Disclosure of Account Information

Information about your Account(s) and the transactions that you make will be disclosed to third parties only:

1. If it is necessary to complete the transaction.

2. It is necessary to verify the existence and condition of your Account(s) to a third party, such as a merchant or credit bureau.

3. To comply with a governmental agency or court order.

4. If permission is given to us by you. We may, but are not required to, obtain the permission in writing.

5. To collect information, for internal use, or the use of our service providers, servicing agents, and contractors for electronic funds services.

6. If involved in a claim by or against us concerning a deposit to or withdrawal from your Account(s).

7. Where otherwise required or permitted under state and federal laws.

14. In Case of Errors or Questions About Transfers

CONTACT US IMMEDIATELY if you believe your statement contains an error, or if you have a question about a Transfer listed on your statement. We must hear from you no later than the next business day after the transaction posts to your account. you contact us verbally, we may require you to send us your complaint in writing, within ten (10) Business Days. When you contact us:

1. Tell us your name and Account Number.

2. Tell us the dollar amount of the suspected error.

3. Describe the nature of the suspected error.

Once you have contacted us about the suspected error, we will conduct an investigation. We will communicate to you the results of our investigation within ten (10) Business Days, and promptly correct any error. If more time is necessary to investigate, we may take up to forty-five (45) days to investigate. If we determine that more time is necessary, within ten (10) business days, we will provisionally credit your Account for the amount that you believe is in error, so that you will the use of the funds during the time it takes to complete the investigation. If we ask you to put your complaint into writing and we do not receive said written complaint within ten (10) days following our request, we may not provisionally credit your Account. Upon completion of our investigation, if we decide that no error occurred, we will notify you of such, in writing, within three (3) Business Days. If we have made a provisional credit to your Account, we will make a corresponding debit from your Account.

15. Our Liability for Failure to Make a Transfer

If we fail to make a transfer, we will be liable to you for your losses or damages. However, there are some exceptions. We will not be liable if:

1.Through no fault of ours, you do not have enough money in your account to make the transfer.

2. If a legal order directs us to prohibit withdrawals from your account(s).

3. If your account(s) have been frozen or closed.

4. If the transfer will allow you to exceed your credit limit set up to cover overdrafts.

5. If you, or anyone authorized by you, commits fraud or violates any law or regulation.

6. If electronic terminal, telecommunication device, or any other part of the System is not working properly, and you knew about the problem prior to making the transfer.

7. You have not properly followed the on-screen instructions for use of the system.

8. If circumstances beyond our control, such as fire, flood, interruption in telephone service, interruption of electrical service, etc. prevent the transfer despite reasonable precautions we have made.

16. Privacy Statement & PERIODIC STATEMENTS

The Bank understands how important privacy is to our customers. We have taken steps to ensure the privacy and security of your personal and financial dealings with us. Our privacy statement may be obtained by going to our website and clicking on Privacy Statement.

17. Your Right to Terminate

You may terminate your BUSINESS ONLINE BANKING Services at any time by providing written notice to us, via the U.S. Postal Service or fax. Your access to BUSINESS ONLINE BANKING will be suspended within three (3) Business Days of receipt of your written termination notice. You will be responsible for all fees and services outstanding and incurred prior to the date of the termination of your BUSINESS ONLINE BANKING. In the event that you close your Account(s), you will also be responsible for ensuring that you have sufficient funds to cover any Transfers or transactions initiated prior to the termination of your BUSINESS ONLINE BANKING and/or Account(s) closing.

18. Communication between you and the bank

Unless this Agreement provides otherwise, you may communicate with us in any of the following ways:

a. Telephone: Call our Cash Management Department at 877-403-3322. Email us at ubcashmanagement@unitybanking.com.

b. U.S. Postal Service: Write to us at Unity Bank, Cash Management, 207 W Lincoln Street, PO Box 461, Augusta, WI 54722. In Person: Visit us at any of our locations.

19. Disclaimer of Warranty & Limitation of Liability

We make no warranty of any kind, express or implied, including but not limited to, the warranty of merchantability or fitness for a particular purpose, in connection with the Services provided to you under this Agreement. We cannot and do not warrant that BUSINESS ONLINE BANKING will operate without errors and/or that BUSINESS ONLINE BANKING will be operational and available at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents, and contractors are not liable for any indirect, incidental, special, or consequential damages under or by reason of your use, or access to BUSINESS ONLINE BANKING. Our officers, directors, employees, agents, and contractors shall not be liable for loss of profits, revenue, data, or use by you or any third party, whether in an action in contract, tort, or based upon a warranty, unless provided for in this Agreement or required by law. In no event shall the liability of the Bank and its affiliates exceed the amount paid by you for services provided to you through the use of BUSINESS ONLINE BANKING.

ALERTS

1. Introduction

Your enrollment in Unity Bank Business Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Unity Bank account(s). Alerts are provided within the following categories:

a. Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.

b. Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and Mobile Banking deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.

c. Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Unity Bank Business Online Banking and Alerts menu within Unity Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your Mobile Banking device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Unity Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

2. Methods of Delivery

We may provide Alerts through one or more channels (“EndPoints”): (a) a Mobile Banking device, by text message, (b) a device, by push notification; (c) an email account, by an e- mail message; or (d) your Unity Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

3. Alerts via Text Message

To stop Alerts via text message, text "STOP" to 31727 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your Mobile phone, just visit the Alerts tab in Unity Bank Business Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 31727. In case of questions please contact customer service at 877-212-2423, option 2. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S Cellular®, Verizon Wireless, MetroPCS.

4. Limitations

Unity Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Unity Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Unity Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

5. Alert Information

As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

Limits and fees

The following fees may be assessed against your account and the following transaction limitations, if any, apply to your account:

Overdraft Charge (each debit or check paid) Checking and Savings: $30.00
- This fee applies to overdrafts created by check, in-person withdrawal, ATM withdrawal, or other electronic means.
Overdraft Charge (under $10.01): $30.00 per item
Return Check Charge (each item) Checking and Savings: $30.00
- This fee applies to overdrafts created by check, in-person withdrawal, ATM withdrawal, or other electronic means
Continuous Overdraft *: $5.00 per day

Fees assessed for each business day the account remains overdrawn for 5 or more consecutive business days, including an overdrawn account caused by an overdraft fee, return item fee, or similar fee. This fee is in addition to any overdraft or return item fee.