Terms & Conditions

HERITAGE BILL PAY AGREEMENT/DISCLOSURE

This is your bill paying agreement with TEXAS HERITAGE BANK. You may use TEXAS
HERITAGE BANK'S bill paying service, HERITAGE BUSINESS BILL PAY to direct TEXAS
HERITAGE BANK to make payments from your designated checking account to
the Payees you choose in accordance with this agreement. The terms and conditions of this
Agreement are in addition to the Account agreements, disclosures and other documents in
effect from time to time governing your Account (the Account Rules).

"You" or "your" means each person who is authorized to use the service. "Payee" means
anyone, including Texas Heritage Bank, you designate and Texas Heritage Bank accepts as
a payee.

HOW TO SET UP PAYEES/PAYMENTS

Complete a bill paying enrollment form. IF YOU WANT TO ADD A NEW PAYEE, USE “SET UP
ACCOUNTS/PAYEE” ON THE INTERNET OR SPEAK TO A SERVICE REPRESENTATIVE. You
may add a new fixed payment to a Payee, only if the Payee is on your authorized list of
payees, and by accessing the Service and entering the appropriate information. Most other
additions, deletions, or changes can be made in writing or by using the Service. Texas
Heritage Bank reserves the right to refuse the designation of a Payee for any reason. Each
Payee accepted by Texas Heritage Bank will be assigned a payee code. You may pay
almost any payee you wish in the United States, although there are several restrictions: 1)
The merchant must be located in the United States; 2) Payments may not be remitted to tax
authorities or government and collection agencies; 3) Payments may not be remitted to
security brokerage companies such as Ameritrade for stock purchases or trade taxing
authorities; 4) Court directed payments are not allowed (Alimony, child support, or other
legal debts). Texas Heritage Bank is not responsible if a Bill Payment can not be made due
to incomplete, incorrect, or outdated information provided by you regarding a Payee or if
you attempt to pay a Payee that is not on your Authorized Payee list.

THE BILL PAYING PROCESS

Single Payments
A single payment will be processed on the business day (generally Monday through Friday,
except certain holidays) that you designate as the payment’s process date, provided the
payment is submitted prior to the daily cut-off time on that date. The daily cut-off time,
which is controlled by Texas Heritage Bank, is currently 2:00 PM. A single payment
submitted after the cut-off time on the designated process date will be processed on the
following business day. If you designate a non-business date (generally weekends and
certain holidays) as the payment’s process date, the payment will be processed on the first
business day following the designated process date.
Recurring Payments
When a recurring payment is processed, it is automatically rescheduled by the system.
Based upon your selected frequency settings for the payment, a process date is calculated
for the next occurrence of the payment. If the calculated process date is a non-business
date (generally weekends and certain holidays), it is adjusted based upon the following
rules:

• If the recurring payment’s “Pay Backward” option is selected, the process date
for the new occurrence of the payment is adjusted to the first business date prior to the
calculated process date.
• If the recurring payment’s “Pay Backward” option is not selected (or if the “Pay
Backward” option is not available), the process date for the new occurrence of the payment
is adjusted to the first business date after the calculated process date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as
a particular day of the month for processing and that day does not exist in the month of the
calculated process date, then the last calendar day of that month is used as the calculated
process date.

For Single and Recurring Payments, YOU MUST ALLOW AT LEAST SEVEN (7) BUSINESS
DAYS, PRIOR TO THE DUE DATE, for each bill payment to reach the Payee. Any bill
payment can be changed or canceled, provided you access the Bill Pay Service prior to the
cut-off time on the business day prior to the business day the bill payment is going to be
initiated.

You agree to have available and collected funds on deposit in the account you designate in
amounts sufficient to pay for all bill payments requested, as well as, any other payment
obligations you have to Texas Heritage Bank. Texas Heritage Bank reserves the right,
without liability, to reject or reverse a bill payment if you fail to comply with this
requirement or any other terms of this agreement. If you do not have sufficient funds in
the Account and Texas Heritage Bank has not exercised its right to reverse or reject a bill
payment, you agree to pay for such payment obligations on demand. You further agree
Texas Heritage Bank, at its option, may charge any of your accounts with Texas Heritage
Bank to cover such payment obligations.

Texas Heritage Bank reserves the right to change the cut-off time. You will receive notice if
it changes.

LIABILITY

You are solely responsible for controlling the safekeeping of, and access to, your Personal
Identification Number (PIN). You are liable for all transactions you make or that you
authorize another person to make even if that person exceeds his or her authority. If you
want to terminate another person's authority, you must notify Texas Heritage Bank and
arrange to change your PIN. You will be responsible for any Bill Payment request you make
that contains an error or is a duplicate of another Bill Payment. Texas Heritage Bank is not
responsible for a Bill Payment that is not made if you did not properly follow the instructions
for making a Bill Payment. Texas Heritage Bank is not liable for any failure to make a Bill
Payment if you fail to promptly notify Texas Heritage Bank after you learn that you have not
received credit from a Payee for a Bill Payment. Texas Heritage Bank is not responsible for
your acts or omissions or those of any other person, including, without limitation, any
transmission or communications facility, and no such party shall be deemed to be Texas
Heritage Bank's agent. In any event, Texas Heritage Bank will not be liable for any special,
consequential, incidental, or punitive losses, damages, or expenses in connection with this
Agreement or the Service, even if Texas Heritage Bank has knowledge of the possibility of
them. Texas Heritage Bank is not liable for any act, failure to act or delay in acting if it is
caused, in whole or in part, by any cause beyond Texas Heritage Bank's reasonable control.

It is understood that Texas Heritage Bank is under no obligation to process any payment
instructions in the event the debiting account does not have sufficient funds or if drawn
against uncollected funds.

In no event shall Texas Heritage Bank be responsible for any loss, claim, liability, or
damages or other amount arising in any way, directly or indirectly, from any error, failure
or delay in the performance of any of the bank’s obligations under this authorization caused
by natural disaster, fire, war, strike, civil unrest, error in or malfunctioning of
communication equipment or lines, or any other circumstances beyond the reasonable
control of Texas Heritage Bank.

You agree to indemnify Texas Heritage Bank against and hold the bank harmless from any
and all losses, costs, damages and expenses (including reasonable attorney’s fees) arising
directly or indirectly from, or relating any manner to, any actions taken by the bank which
were reasonably believed by the bank to be taken pursuant to specific instructions given by
you.

AMENDMENT AND TERMINATION

Texas Heritage Bank has the right to change this Agreement at any time by notice mailed to
you at the last address shown for the Account on Texas Heritage Bank's records, by posting
notice in branches of Texas Heritage Bank, or as otherwise permitted by law.

Texas Heritage Bank has the right to terminate this Agreement at any time. You may
terminate this Agreement by written notice to Texas Heritage Bank. Texas Heritage Bank is
not responsible for any fixed payment made before Texas Heritage Bank has a reasonable
opportunity to act on your termination notice. You remain obligated for any payments made
by Texas Heritage Bank on your behalf.

FEES

Heritage Business Bill Pay is $12.95/month after the initial 3 free months.

Additional Charges for Customer requested Services and Other Items
These charges will only be assessed if you request one or more of the services listed here.
There will be NO Charge for any item if needed to correct a Texas Heritage Bank error.
Written Correspondence to Payee: $10.00
Per proof of Payment not necessitated by a dispute: $10.00
Payments returned due to customer error: $5.00
Overdraft/NSF Fee: $30.00
Overnight Fee: $14.95
2nd Day Fee: $9.95
Reinstate Fee: $50.00
Charitable Donation fee: $1.95

Texas Heritage Bank reserves the right to charge you for research time involving payments
no longer available in your screen history. You will be informed of any such charges before
they are incurred.
Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic
Fund Transfers Disclosure Statement included, or, received when you opened your account,
which discloses important information concerning your rights and obligations.