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Online Banking Agreement

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Online Banking Agreement and Electronic Fund Transfer Act Disclosure

Welcome to Online Banking

The use of Online Banking requires that you read and agree to the terms and conditions of this Online Banking Agreement (“Agreement”). If you choose to not accept this Agreement, by clicking the “I Disagree” button, then you will be returned to the CBT home page and you will not be enrolled in Online Banking.

You agree not to use Online Banking to conduct any business, activity or solicit the performance of any activity that is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws and regulations in connection with our Online Banking.

You certify that you are at least 18 years of age or older.

Your use of Online Banking is governed by this Agreement, our Fee Schedule and Interest Disclosures, your application for Online Banking, any instructions we provide you on using Online Banking, any other agreements applicable to the deposit or loan Accounts you access through Online Banking, including our Rules and Regulations, our privacy policy, any applicable overdraft protection agreement, and any other applicable loan agreement as any of the foregoing may be amended from time to time. Any use of Online Banking by you or anyone you authorize, is your acknowledgment that you have read, understand and agree to all terms and conditions of this Agreement. If you do not agree to the terms and conditions in this Agreement, do not register for Online Banking or any Bill Payment Service. In the event of any conflict between this Agreement and any other agreement governing your deposit or loan Accounts, this Agreement will control. Such documents, disclosures and policies represent the sole and exclusive agreement between you and the Bank regarding Online Banking and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof.

Consumer Protection Provisions

Certain provisions of this Agreement apply only to Consumer Accounts, as defined below.

The consumer protection provisions of the federal Electronic Fund Transfer Act and Regulation E of the Board of Governors of the Federal Reserve apply only to electronic fund transfers involving Consumer Accounts. If your Accounts are owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then any Online Banking electronic fund transfer will be considered an “authorized use,” and your liability for any Online Banking transaction relating to that Account will be unlimited, notwithstanding the provisions of the Federal Electronic Fund Transfer Act, Regulation E, or any standardized literature or disclosures we may send you.

Definitions of Terms used in this Agreement

“Bank,” “we,” “our,” and “us,” refer to SCBT, N.A., which includes the NCBT, is a division of SCBT, N.A. and CBT, a division of SCBT, N.A.

“You” and “your” refer to any person that is a signer on an Account or a representative who has the authority to access the Account through Online Banking.

“Account” or “Accounts” refer to your deposit and loan accounts established at the Bank, including lines of credit.

“Business day” means any day Monday through Friday, except bank holidays.

“Bill Payment Service” means a third party bill payment service or electronic bill presentment service that you select in addition to Online Banking.

“Consumer Account” means a checking or savings Account established by an individual primarily for personal, family or household purposes.

“Electronic message” means an electronically transmitted message that allows the text to be displayed on equipment in the recipient’s possession (such as a modem-equipped personal computer). An electronic message is considered written notice for purposes of this Agreement.

“Online Banking” means the Internet-based banking service provided by the Bank through this Agreement.

“Password” is the secret word or phrase that you select.

“Transfer Instructions” are instructions you give us through Online Banking to transfer funds between Accounts you can access through Online Banking.

“User ID” means the unique user name that you select when establishing your Online Banking relationship with us.

“Website” refers to the Bank’s Online Banking website which is found at http://www.cbtonline.com.

Minimum Hardware and Software Requirements to Use Online Banking

To use Online Banking, you need:

  • A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.

  • An Internet browser that supports 128-bit encryption, such as Internet Explorer version 6.0 or above Netscape Navigator version 4.2 or above. Our site is best viewed with Internet Explorer.

  • A valid e-mail address on file with us, and e-mail software capable of interfacing with standard e-mail protocols.

  • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.

  • A printer that is capable of printing from your browser and e-mail software.

  • Adobe Acrobat Reader is required to view all electronic disclosures. Download a free copy here http://www.acrobat.com.

You are solely responsible for having the required hardware and software and for securing an Internet service provider. You also are responsible for any and all fees relating to communications carriers (e.g., telephone, cable, DSL or satellite), software providers (other than software that we may provide you) and/or Internet service fees that may be assessed by your communications carrier and/or Internet service provider.

Virus Protection

You agree that we are not responsible for any electronic virus that you may encounter using the Bank’s Online Banking product. We encourage you to routinely scan your PC and diskettes using any up to date, reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

Access to Online Banking

To use Online Banking, you must have a User ID and Password. Once you have completed the first time log-in screen, you will be asked to reset your Password. Thereafter, you may change your Password at anytime. We recommend that you change your Password regularly and memorize it. Do not write it down. It is your responsibility to remember your Password; we do not maintain a record of it. Your Password should be 6-10 characters, and we strongly recommend that it include at least one letter and number or character (for example, @, %, &, #). You are able to reset your Password through Online Banking or by contacting our CBT Customer Care Center at 1-888-847-2265 begin_of_the_skype_highlighting              1-888-847-2265      end_of_the_skype_highlighting  during business hours: Monday through Friday 8:00 AM – 6:00 PM, Saturday 8AM – 2PM.

Electronic Disclosures and Communications

Unless otherwise required by applicable law or pursuant to your written request, in the event that we are required to provide a notice or other communication to you in writing, that notice or other communication may be sent to you electronically to your e-mail address as reflected in our then current records. Any notice we give you concerning Online Banking and/or your Accounts is effective when we send you an electronic message or when we mail or deliver the notice to you at the address we have for you in our Account records. Any notice we send you will be deemed to have been received by you within three days of being sent. If any of your Accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. You may request a paper copy of the information up to sixty (60) days after receiving our electronic message.

If you send us an electronic mail message, we will be deemed to have received it on the following business day. We will have a reasonable time to act on your e-mail. Do not rely on e-mail if you need to communicate with us immediately, for example, to cancel a pre-authorized payment. Do not use unsecured e-mail to transmit nonpublic personal information such as Account numbers. E-mail messages sent to the Bank are the property of the Bank and we reserve the right to delete such messages from the system from time to time. You agree that we may send notices and information about our products or services to you electronically, to the extent allowed by law.

Subject to applicable law, updates to this Agreement, as well as all disclosures, notices and other communications regarding Online Banking will be provided to you within our Online Banking website. You can obtain free copies of any of these documents by contacting our CBT Customer Care Center at 1-888-847-2265 begin_of_the_skype_highlighting              1-888-847-2265      end_of_the_skype_highlighting  during business hours: Monday through Friday 8:00 AM – 6:00 PM, Saturday 8AM – 2PM.

You will continue to receive all of the paper Account statements and other bills and similar Account material that you currently receive by mail, unless you are enrolled in eStatements.

If you wish to withdraw your consent to receive communications provided in electronic form, you must notify us in writing at Attn: Online Banking P.O. Box 100115 Columbia, SC 29202 or by fax at 803-516-0973.

You agree that these are reasonable procedures for sending and receiving electronic communications.

Use of Your User ID and Password

When you sign onto Online Banking using your User ID and Password you authorize us to follow the instructions we receive relating to your Accounts and to charge and credit your Accounts according to those instructions. Because your User ID and Password are the principal security measures to protect access to your Accounts, you agree to keep all User ID and Password information confidential and to take all reasonable precautions to protect the secrecy of this information. You acknowledge that no person from the Bank will ever ask for your Password, and that our employees do not need and should not ask for your Password. You therefore agree never to provide your Password to anyone claiming to represent us. If you give your User ID or Password or make it available to another person, you authorize that person to access your Accounts through Online Banking and to give the Bank instructions relating to your Accounts as an authorized user. You also authorize us to comply with those instructions even if that person exceeds your authorization. The Bank has no responsibility for establishing the identity of any person who uses your Password. You agree that you are liable for any transaction received by the Bank that includes your Password.

Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any Online Banking transaction facilitated through the Website:

  1. initiated by you, at your direction, or with your consent (whether expressed or implied),

  2. initiated by an agent with respect to any Account which you may access through Online Banking,

  3. initiated by a member of your household, whether or not related to you,

  4. initiated by any person (or that person’s agent) who is the owner or co-owner of any Account which you may access through Online Banking,

  5. which results in the transfer of funds between Accounts you may access through Online Banking, even if subsequent transfers out of the Accounts benefit someone else,

  6. which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable), or

  7. which you contend is unauthorized, unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your Account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.

Transfers You May Make Using Online Banking

  1. Transfers Between Deposit Accounts  – You can transfer funds between your deposit Accounts with us (i.e., checking or savings Accounts).

  2. Transfers from Your Deposit Accounts to a Loan Account – You can transfer funds from a deposit Account to a loan Account to make loan payments.

  3. Transfers from Lines of Credit  – If you have a line of credit with us, you may use Online Banking to obtain an advance on that line, within your credit limit, and deposit it to a deposit Account.

  4. Bill Payments  – If you sign up for Bill Payment Services, you may pay bills directly from your deposit Accounts in the amounts and on the days you request. Bill Payment Services are provided by a third party, CheckFree Services that is not affiliated with us. See below for more information on Bill Payment Services.

  5. Transfers from Loans  – In the future we may offer the capability of making transfers of loan funds to your deposit Accounts. If we do offer the feature, you will be told when you obtain the loan.

Your use of Online Banking to conduct these services is subject to the terms and limitations stated in this Agreement and the applicable instructions we provide you. As new services become available, you agree to be bound by this Agreement and amendments to this Agreement regarding the new services, and any additional rules which we provide you concerning the new services.

Accounts You May Access

A. Deposit Accounts

Subject to any restrictions we may impose from time to time, you may access any of your deposit Accounts at the Bank through Online Banking.

B. Linked Credit Lines and Loans

All deposit Accounts and line of credit Accounts on which you are an Account owner, authorized signer or borrower may be linked. If you have a line of credit (e.g., overdraft protection), you agree that the available portion of a line of credit may be accessed through Online Banking. You understand and agree that the provisions of the agreement relating to your line of credit will govern overdrafts, automatic advances to maintain the minimum balance necessary to avoid Account service charges, and direct advances resulting from your use of Online Banking.

Online Banking Provides You with Real-Time Account Information

By using our Online Banking, you can get Account information conveniently and immediately on your Account. Balance information shown for your deposit Accounts is for the Current Balance. The Current Balance is the balance less any holds and includes certain debits and credits which have taken place since the close of the previous banking day, for example, ATM deposits and withdrawals, cash deposits, wire transfers and other online activity. Transaction history information is available for your current statement cycle plus the previous statement cycle.

Transfers

Online Banking permits you to transfer funds from a deposit Account to any other deposit Account, from a deposit Account to a loan Account to make payments, and from the available portion of your line of credit with us to a deposit Account. In the future Online Banking may also permit you to transfer loan funds from a loan to a deposit Account. When initiating a New Scheduled Transfer, the “transfer date” is the date you enter for the transfer of funds from one Account to another.

Express Transfers (one-time only) that transfer funds from a deposit Account to another deposit Account, line of credit or loan Account will generally be processed simultaneously if the transfer request is made before 5:00 p.m. on a Business Day. For example, if you transfer funds from Account 1 to Account 2, the funds will be debited from Account 1 and credited to the available balance in Account 2 simultaneously if the transfer request is made on a Business Day prior to 5:00 p.m. The funds will be available immediately upon the transfer for withdrawal from Account 2 through an ATM or debit card transaction or at a teller window, and will also be available to honor checks or other items presented for payment against Account 2 in the nightly processing following the transfer. If we receive your transfer instructions after 5:00 p.m. Eastern Time, the transferred funds will be credited to your Account as of the next Business Day following the date you initiated the transfer.

Scheduled Transfer of funds from a deposit Account to a line of credit or loan Account will be processed as follows: (1) the transfer will be debited from your deposit Account when you execute the transfer on the transfer date (regardless of the day or time we receive your instructions); and (2) the transfer will be credited to Account during our nightly processing of the loan Account. The transfer will be credited to your line of credit or loan Account on the transfer date if (i) the transfer date you designate is a Business Day and (ii) we receive your instruction to transfer the funds to your loan Account no later than 5:00 p.m. Eastern Time on the transfer date. If you designate a non-Business Day as the transfer date, or if we receive your transfer instructions after 5:00 p.m. Eastern Time on the transfer date, the transferred funds will be credited to your loan Account as of the next Business Day following the transfer date.

Transfers of funds from a line of credit Account (or loan Account, when available) to a deposit Account will generally be processed simultaneously if the transfer request is made before 5:00 p.m. on a Business Day.

Limitations on Transactions

For savings and money market Accounts, applicable federal regulations impose certain limits to pre-authorized, automatic, and telephone transfers (including online transfers) to six per statement cycle. Loan payments to us are not included in these limits. For security reasons, we may impose additional limits on the frequency, number, and dollar amounts of transactions you can perform using Online Banking. In addition, as noted herein, we reserve the right to refuse to pay any person or entity to which you may direct a payment through Online Banking. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make any payment which is otherwise prohibited under your agreement with us.

Fees

There are currently no fees associated with Online Banking to view balances, transactions, and/or statements etc. Please consult our current Services and Fees brochure for a complete list of fees.

Overdrafts

If your use of Online Banking overdraws your deposit Account and the overdraft is not covered by an approved line of credit relating to the overdrawn Account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges as disclosed in our Schedule of Fees.

Preauthorized (Recurring) Payments

Right to Stop Electronic Payments and How to Do So

If you have told us in advance to make regular payments out of a deposit Account, you can stop these payments. Here’s how:

Call us or write us at Attn: Online Banking P.O. Box 100115 Columbia, SC 29202 in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we require to you put your request in writing and get it to us within 14 days after you call, or visit a local branch. We do not charge a fee to stop recurring electronic payments initiated though Online Banking.

This does not apply to regular scheduled payments that you have set up with another company to draft out of your account. You must contact the company who is drafting your account to stop those types of payments.

Notice of Varying Amounts

If these regular payments may vary in amount and are made from a Consumer Account, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.

Liability for Failure to Stop Payment of Preauthorized Transfer

If we receive a signed confirmation from you to stop one of these electronic payments from a Consumer Account three Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Stopping Payment of Checks

You may also use Online Banking to stop payment of a check you have written on your deposit Account. Any stop payment request must precisely specify the Account number, the check number, and the amount, date and payee of the check. You acknowledge that if you provide us with incorrect information, even if the information is a close approximation of the actual information, we will not be liable for payment of the check. The check stop payment order must be given in the manner required by law and must be received by us in such a time and manner as to afford the bank a reasonable opportunity to act on it. Without limiting the foregoing, we will not be liable for cashing a check within One Business Day of receiving a stop-payment order for the check.

A check stop payment order will automatically expire six (6) months after receipt unless you renew it by completing a new check stop payment order. Only the person who initiated the check stop payment order can cancel it by coming into the branch and signing a release form. Your initial sign-in using your User ID and Password will serve as authorization in regard to an online check stop payment order.

Stop payment orders through Online Banking will only be accepted on checks written on consumer accounts. There is a fee for each Online Banking check stop payment request. The fee will be charged automatically to your deposit account the same day the stop payment is placed on the system. Online Banking also cannot be used to stop payment on a cashier’s check. For stop payment orders on business accounts or cashier’s checks, please contact our CBT Customer Care Center at 1-888-847-2265 or visit your local branch to complete necessary paperwork.

Electronic Bill Payment

Through our Website, in addition to Online Banking, you can access a bill payment service offered by third party (the “Bill Payment Service”) that will allow you to electronically pay third parties. Bill payments you schedule with the Bill Payment Service will be debited to your deposit Account in accordance with the instructions to the Bill Payment Service.

You will need to enter a separate agreement with the Bill Payment Service if you want to use their payment services. That agreement will govern your relationship with the Bill Payment Service and addresses, among other things, applicable charges and fees imposed by the Bill Payment Service, permissible types of payments and limitations, liability for unauthorized transfers through the Bill Payment Service, dispute resolution, termination rights and contact information with respect to the Bill Payment Service. The fees and charges imposed by the Bill Payment Service, as well as other expenses you may incur, will be charged against your deposit Account for the services you receive. You hereby authorize the Bill Payment Service to cause these fees and charges to be debited to your deposit Account when you sign up for their services. In addition, any Bank fees associated with your Accounts will continue to apply, and you also authorize the Bank to debit your deposit Account for any ancillary charges that the Bank incurs on your behalf, including any fees charged by the Bill Payment Service to the Bank with respect to any of your transactions. Any item that you authorize for payment through the Bill Payment Service that is returned for insufficient funds in your deposit Account may be subject to a fee by the Bill Payment Service in addition to our returned item NSF/overdraft fee.

The Bank is not affiliated with the Bill Payment Service, does not itself provide bill payment services, and does not establish the terms of your agreement with the Bill Payment Service.

Personal Cash Management Software

Our Online Banking allows you to import transaction information into any personal cash management software you use, such as Quicken® or Microsoft® Money. If you require help setting up Quicken® access http://www.intuit.com. Help with Microsoft® Money is available at http://www.microsoft.com.

Unauthorized Transactions

Tell us AT ONCE if you believe that your User ID or Password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your losses down. You could lose all of the money in your Account (plus your maximum line of credit linked to your Account).

Call us at the CBT Customer Care Center at 1-888-847-2265 or write us at SCBT Financial Corporation, Attn: Online Banking, P.O. Box 100115, Columbia, SC 29202.

If the electronic fund transfer is from a Consumer Account, your liability for an unauthorized Online Banking transaction will be determined as follows:

  1. If you notify us within two (2) Business Days after learning of the loss or theft of your Password or User ID, you can lose no more than $50 if someone used your Password or User ID without your permission.

  2. If you do NOT notify us within two (2) Business Days after learning of the loss or theft of your Password or User ID, and we can prove we could have stopped someone from using your Password or User ID without your permission had you told us, you could lose as much as $500.

If your monthly statement shows transfers that you did not make, including those made by card, code or other means, tell us at once.

If you do not tell us within sixty (60) days after the statement was mailed or emailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

Error Resolution

Our Liability for Failure to Make Transfers

We will use our best efforts to comply with your transfer instructions. If you have a Consumer Account and we do not complete a transfer to or from your Consumer Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable (whether or not you have a Consumer account), if, for instance:

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

  2. The transaction will exceed the available credit limit on any applicable linked line of credit.

  3. Your Bill Payment Service is not working properly.

  4. The person or entity to which you direct payment mishandles, delays, or fails or refuses to accept a payment sent by us.

  5. You have provided us with incorrect, incomplete or inaccurate data or other Account information, including but not limited to date related errors, or you have otherwise failed to comply with the payment or transfer instruction requirements set forth in this Agreement.

  6. There are technical problems in our receipt of information or instructions from you (for example, problems arise with computers, software, modems, or telephone communications, including but not limited to date related problems).

  7. Circumstances beyond our control (such as, but not limited to, fire, flood, interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or supplies, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance), including but not limited to date related problems, prevent the proper execution of the transaction, despite reasonable precautions we have taken.

  8. This Agreement or your transfer authorization has been terminated,

  9. Your Account has been closed, there is a hold on funds in your Account, or access to your Account is blocked in accordance with our policies.

  10. Your funds are subject to legal process or encumbrances restricting transfer.

  11. Applicable law prevents completion of the transaction,

  12. Unusual or extraordinary circumstances exist which indicate improper or unlawful use of your Account.

  13. You believe someone has accessed your Account without your permission and you fail to notify us immediately. (Refer to the section above “Unauthorized Transactions”)

  14. If the terminal or system is not working properly and you knew about it when you started the transfer.

Provided none of the circumstances described above are applicable, if we cause an incorrect amount of funds to be removed from your Account and our action was unintentional and resulted from a bona fide error on our part, our sole responsibility to you will be to return the improperly transferred funds to your Account.

IN NO EVENT WILL THE BANK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE), INDIRECT, INCIDENTIAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, ONLINE BANKING THE INABILITY TO USE ONLINE BANKING OR THOSE RESULTING FROM ANY MECHANDISE OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS.

Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as MicrosoftR (MicrosoftR Explorer browser) or NetscapeR (NetscapeR Navigator browser), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Banking.

How to Contact Us In Case of Errors or Questions About Your Transactions

Telephone or write us as soon as you can if your think your statement is wrong or if you need more information about an electronic transfer listed on the statement.

Call us at CBT Customer Care Center: 1-888-847-2265 or visit us in person at your local branch, or write us at:

SCBT Financial Corporation
Online Banking
P.O. Box 100115
Columbia, SC 29202

We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When you contact us:

  1. Tell us your name and Account number,

  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information, and

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

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.

If your inquiry relates to a Consumer Account: We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Consumer Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account. If your complaint or question involves an electronic fund transfer that was initiated outside the United States or that resulted from a point-of-sale debit card transaction, then the forty-five (45) day investigation period will be extended to ninety (90) days. We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may request copies of the documents that we used in our investigation.

Disclaimer of Warranty

We may on a regular basis perform maintenance on our equipment or system, which may result in interrupted service or errors in Online Banking. We also may need to change the scope of our Online Banking services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that Online Banking services will be uninterrupted or error free. Our sole obligation to you arising out of (i) the non-availability of Online Banking, or (ii) an interruption or delay in providing Online Banking shall be to use commercially reasonable efforts to resume such services. The foregoing shall constitute our entire liability and your exclusive remedy. In no event shall the Bank or any of our respective officers, directors, employees, agents or subcontractors be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits (even if we are advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of any computer equipment, the Online Banking service. However, nothing in this section is intended to limit any rights you may have under Federal law or otherwise provided in this Agreement.

Indemnification

Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Account, if you are an owner of an Account, you agree to indemnify and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (a) an Account; (b) the performance of our Online Banking or the Bill Payment Service you elect; (c) a third party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us; (d) any fraud, manipulation, or other breach of these terms; (e) any third party claim, action, or allegation brought against us arising out of or relating to a dispute with you over the terms and conditions of an agreement, purchase or sale of any goods or Online Banking ; (f) your violation of any law or rights of a third party; or (g) your use, or the provision of Online Banking or use of your Account by any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to your use of Online Banking by you or your authorized representative.

Reliance on Your Instructions

We will rely and act on instructions we receive through Online Banking. You are responsible and liable for those transactions to the extent allowed by law and as provided in this Agreement. All such instructions will be considered as having been given to us directly by you and shall have the same authority as your written signature in authorizing us to comply with the instructions.

Liability for Loss of or Erroneous Data

Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from date related problems.

Joint and Several Liability

If any one or more of your deposit Accounts has co-owners, each co-owner will be jointly and severally liable for any obligation, which arises from the use of Online Banking to access the Account. This joint and several liability shall extend as well to any line of credit accessed through any such Account.

Fees and Charges

Online Banking

There are no monthly or periodic fees for Online Banking. Fees disclosed separately to you in connection with your Accounts, such as charges for dropping below minimum balances, insufficient funds, or check stop payment fees will apply. We reserve the right to change applicable fees and charges at anytime. We will provide you with any notice required by law of any changes to our fees and charges. If your checking Account or savings Account does not have a sufficient balance to pay applicable fees and charges due, we may exercise our right of off-set against any of your other Accounts as provided by law or our Rules and Regulations.

Termination

You may terminate Online Banking Services by notifying us in writing at:

SCBT Financial Corporation

Attn: Online Banking

P.O. Box 100115

Columbia, SC 29202

Please include your name, address, and effective date to discontinue service.

IMPORTANT: When Online Banking is terminated, any prescheduled bill payments made through a Bill Payment Service will be automatically terminated. Applicable fees and charges will be assessed for any bill payments processed by your Bill Payment Service drawn upon your Account.

We can refuse Online Banking services to anyone. We may terminate your Online Banking at any time without prior notice and with or without cause. If more than one person can access an Account through Online Banking, we reserve the absolute right to terminate all Online Banking access to the Account upon the request of the Account owner, any Account co-owner, or any other person authorized to access the Account.

Amendments

The terms of this Agreement, applicable fees and service charges may be amended from time to time. In such event, the Bank shall send notice to you at your address as it appears in our records. Any use of Online Banking after a change in terms will constitute your agreement to such change(s). In addition, the Bank may revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related materials.

Assignment

You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.

No Waiver

We will not be deemed to have waived any of our rights or remedies under this Agreement unless we send the waiver to you by electronic message or we otherwise mail or deliver to you a written waiver signed by us. No delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

Address, E-mail or Banking Changes

You agree to notify the Customer Care Center at least ten (10) business days in advance, of any change in your address, transaction account, your banking status or e-mail address. The CBT Customer Care Center can be contacted at 1-888-847-2265 during business hours: Monday through Friday 8:00 AM – 6:00 PM, Saturday 8AM – 2PM.

Severability

If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall continue in full force and effect and shall in no way be invalidated or otherwise affected.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflicts of law provisions and applicable federal law.

Ownership of Materials

The content and information on our Website is copyrighted by SCBT Financial Corporation and the unauthorized reproduction or distribution of any portions is prohibited.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.