LEGACYTEXAS
IPAY TERMS AND CONDITIONS

We recommend you schedule your payment date 2-3 Business Days before the payment due date for electronic payments and 5-7 Business Days before the payment due date for payments made by check

I. TERMS AND CONDITIONS.
The following general terms and conditions apply to all Services provided by Bank to Customer. Terms applicable to a specific Service are as set forth in the respective Service Terms (as defined in Section I.A.xi).

ACH Debit means a charge to your checking account that we perform using the Automated Clearing House system.

Agreement means these Terms and Conditions. Biller means a provider of a billing.

Business Day is every Monday through Friday, excluding Federal holidays. Direct Check means a check that we draw against your checking account, payable to your Payee, and signed by us on your behalf.

Deliver by Date is the date on which the payment is due, as reflected on your Payee bill or statement. It is not the late date or grace period date.

Funding Account is the U.S. based account with check writing privileges that you designate as the account to which your bill payments should be charged. Payee is the person or entity to which you wish a bill payment to be directed. "Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, and Payee account number and Processing Date).

Processing Date is the date on which the payment is set up online. Deliver by Date is the date the payment is debited from your Funding Account for electronic payments. You determine this date, based upon the Deliver by Date. ?Provider? means any third party we use to provide the Services for you. Scheduled Payment is a payment that has been scheduled through the Services but has not begun processing.

In order to use the Services, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active e-mail address, (iii) you must have a valid deposit account with a U.S. financial institution, and (iv) you must be a United States resident. Other restrictions may apply.

II. SCEDULING PAYMENTS.
You must select the Deliver by Date for any payment, or specify a payment rule in the system that automatically selects this date for you. This date should be at least six (6) Business Days prior to the Due Date to ensure that there is enough time to complete the payment prior to the Due Date. It is your responsibility to schedule payments to arrive by the Due Date specified on the bill or statement. If the actual Due Date falls on a non-Business Day, you must select a Deliver by Date that includes an additional day for processing. If you select a Deliver by Date that causes payment to be delivered after the Due Date, we are not responsible for any late charges that you may be charged by the Payee. We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.

III. SERVICE GUARANTEE.
Due to circumstances beyond the control of iPay, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. iPay will cover the late fees up to $ 50 for any payment not delivered by the due date when the error is caused by iPay. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you.

We are not responsible for any failure to complete or delay in completing any payment due to any of the following:

1. Your Funding Account does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.

2. Your Funding Account is closed.

3. The payee rejects or returns the payment for any reason.

4. Your equipment, software or any communications link is not working properly.

5. The Service is unavailable and you know or we have told you about the problem before you send the payment.

6. You have provided us with incorrect information about the payee you wish to pay.

7. The payee mishandles or delays handling or posting any payment we send.

8. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.

Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account, or if we cause funds from your Funding Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Funding Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for late payment related charges to the extent described above. THIS IS OUR ONLY OBLIGATION TO YOU FOR ANY PAYMENT DELAYS OR FAILURE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.

If we duplicate a payment or process a payment for an amount higher than you requested, we will use our reasonable best efforts to recover the overpayment from the Payee. If we can recover an overpayment that was charged to your Funding Account, we will return the amount of the overpayment to you. However, in certain situations, we may have funded the overpayment from our own account. In that case, if the overpayment caused a credit to your account with the Payee and we are unable to recover the overpayment from the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances.

Under these circumstances, you are responsible to reimburse us for any funds we have paid to a Payee on your behalf.

A. DISCLOSURE OF INFORMATION TO THIRD PARTIES: We will only disclose information about you to third parties if:
1. It is necessary to complete a transaction;

2. It is necessary to verify the existence and condition of your deposit account;

3. It is necessary to comply with a governmental agency or court order;

4. You give us your written permission;

5. You ask us to assist with posting of a payment at a payee; or

6. It is necessary for activating additional services that you requested;

B. USAGE LIMITATIONS, OBLIGATIONS AND AVAILABILITY: You agree that you will not provide access to iPay to any party other than yourself and other joint owners of your account, and you will take reasonable precautions to safeguard your password (Access ID) and keep it confidential. You agree to use the iPay only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access iPay. You must maintain the confidentiality of your assigned user name and password for iPay and you are responsible for all charges incurred under your user name and Access ID, as above, unless otherwise provided under these terms. The availability of iPay may be subject to interruption and delay due to causes beyond our reasonable control.

C. CHANGES TO THE SERVICES AND THIS AGREEMENT: We reserve the right to change iPay and this Agreement, including fees, in our sole discretion and from time to time. In such event, we will provide notice to you. If you do not agree to any amendments after receiving a notice of the change to iPay, you may stop using the Services and terminate this Agreement as described below. Your use of iPay after you are notified of any change(s) will constitute your agreement to such change (s). Further, iPay may, from time to time revise or update the applications, services, and/or related material. Such actions may render all such prior versions obsolete. Consequently, iPay reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and or related material and limit access to only iPay?s most recent revisions and updates.

D. METHOD OF PAYMENT: We will make payments for you either electronically, or using a Direct Check drawn on your account, or other form of funds transfer that we may choose to employ.
For payments made by electronic transmission, the payment amount will usually be debited from, or charged to, the iPay account that you designate on the Deliver by Date selected. However, depending on several processing factors, your iPay Account could be debited up to two days prior to the Deliver by Date you have selected. For payments made by Direct Check, the iPay Account you designate will be debited when the check is presented to us for payment which may occur before, on or after the scheduled Deliver by Date. The Direct Check is sent up to five days prior to the Deliver by Date. Therefore, your iPay Account could be debited up to four days prior to Delivery by Date you have selected. Make sure that you have the appropriate funds available in your iPay Account. If funds are not available when Bank attempts to debit your iPay Account, your iPay Account will be blocked, and all iPay Payments scheduled to be sent out while your iPay Account is blocked will be cancelled. For payments made via ACH, Bank may attempt to collect the funds up to three times to satisfy your payment directions.

E. AUTHORITY TO CHARGE YOUR ACCOUNT: You authorize us to charge any of your deposit accounts in order to fund payments that you initiate using iPay. Such charge may take the form of a Direct Check, an ACH Debit, or other form of funds transfer, in our sole discretion. You will designate a Funding Account and you agree to maintain a balance in that account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge the Funding Account for payments you initiate using iPay and you will indemnify and hold us harmless from any claims by any other owner of the account. You also agree that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a balance in the Funding Account that is sufficient to fund all payments you initiate. You further agree that we may charge a overdraft or return item fee for any returned payment, including, but not limited to, returns resulting from insufficient funds in your account, the fact that your account is closed, or because you provided incorrect account or routing information to us. Refer to the Business Schedule of Fees for fee amount. You agree that if there are insufficient funds in your account, we may (but we are not obligated to) advance the funds to make payment to the Payee. You agree to pay us promptly on our request for any amounts that we have provided to fund any payment we make on your behalf.
You agree to promptly notify us in writing of any changes to your Funding Account information and authorize us to debit such account.

F. PAYMENT CANCELLATION REQUESTS: You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within iPay. There is no charge for canceling or editing a Scheduled Payment. Once iPay has begun processing a payment it cannot be canceled or edited.

G. STOP PAYMENTS: You may be able to stop payment of any scheduled recurring payment by notifying the bank or other financial institution where your Funding Account is located orally or in writing at least three business days before the Scheduled Payment Date.
However, we will continue to charge your Funding Account for that payment and for other recurring payments until the expiration date you set for the payments or the date you cancel the recurring payments through the Service, whichever occurs sooner. If our ACH charge to your Funding Account is rejected or returned to us because you have instructed your bank or financial institution to stop the recurring payment, we will charge you the NSF Fee. Your bank or financial institution may require you to give written confirmation of the stop payment within 14 days of an oral notice. An oral notice may cease to be effective after 14 days.

H. PROHIBITED PAYMENTS: Payments to Payees outside of the United States or its territories are prohibited through iPay.

I. RESTRICTED PAYMENTS: Tax payments and court ordered payments may be scheduled through iPay, however such payments are discouraged and must be scheduled at your own risk. In no event shall iPay be liable for any claims or damages resulting from your scheduling of these types of payments. iPay Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by iPay. iPay has no obligation to research or resolve any claim resulting from a tax or court ordered payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

J. PAYMENT ADDRESSES: We reserve the right to change the address of a Payee to whom we send Payments, without notification, in the following situations:
1. The information returned by our address cleansing process determines the format of the address does not comply with the USPS standards.

2. We have determined that the address provided is not a valid address for the biller.

3. The biller has closed the address, and provided us (via the USPS) with the new address.

4. We have established a relationship with the biller to send payments to a different address than the one provided on the statement.

In all cases, we attempt to act in a way to expedite the proper posting of your payment.
K. PROCEDURES IF YOUR ACCESS ID HAS BEEN LOST, STOLEN, OR COMPROMISED OR THERE HAS BEEN UNAUTHORIZED USE OF YOUR ACCESS ID: If you believe that your Access ID has been lost or stolen, or that someone is using your Access ID without your permission, notify us IMMEDIATELY in order to minimize your possible losses. The following is our contact information: Telephone us at: 972-578-5000
If you notify us within two (2) Business Days after you learn of the loss or theft of your Access ID, your maximum liability for unauthorized electronic fund transfers is $50.00. If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your Access ID, and we can prove that we could have prevented someone else from using your account had you done so, your maximum liability for unauthorized electronic funds transfer is the amount of the loss.
If your bank account statement shows payments through iPay that you did not authorize, notify us IMMEDIATELY. If you do not notify us within ninety (60) days after the statement was mailed to you, you may not get back any of the unauthorized payments made after ninety (60) days if we can prove that we could have prevented the unauthorized payments if you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, if we choose, extend this time. For errors on new accounts, we may take up to 90 days to investigate.
An unauthorized electronic fund transfer is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account, and which does not benefit you. If you give your Access ID to another person, all electronic funds transfers by that person are authorized unless and until you notify us that payments by that person are no longer authorized and you change your Access ID.

L. IN CASE OF ERRORS OR QUESTIONS ABOUT A PAYMENT: ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH IPAY MUST BE DIRECTED TO THE BANK (LEGACYTEXAS BANK) WHERE YOU HAVE YOUR FUNDING ACCOUNT. We are responsible for iPay and for resolving any errors in payments made through the iPay.
Your payment transactions will appear on the statement issued by the LegacyTexas Bank. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number indicated below.

Contact us as soon as possible at 972-578-5000 if you think that a payment shown on the statement for your Funding Account is in error or if you need more information about a payment shown on your statement.

M. PROCEDURES FOR INVESTIGATING AND RESOLVING ERRORS INVOLVING ELECTRONIC FUNDS TRANSFERS: If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than ninety (60) days after you received the FIRST statement reflecting a problem or error involving an electronic funds transfer. We will extend this period by a reasonable time if you can show that a delay resulted from your initial attempt to notify the bank or other financial institution where you have your Funding Account. To contact us about errors or questions or transactions:
1. Telephone us at 972-578-5000

2. Write us at: www.legacytexas.com Customer Service

When you write or call us, you must:

1. Tell us your name and the account number we issued to you at the time you enrolled for the Services.

2. Describe the payment and/or transfer you are unsure about (Payee name, account information, transaction date, transaction amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the transaction.

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

If you tell us orally, or by electronic mail through the Services, we may require that you send your complaint in writing within ten (10) Business Days.
We will determine whether an error occurred within ten (10) Business Days after we receive your complaint and will correct any service error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will re-credit the affected account within ten (10) Business Days after we hear from you, for the amount that you think is in error in order that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) Business Days, we may not re-credit your account. For new accounts we may take up to 90 days to investigate.

We will tell you the results within three (3) Business Days of completing our investigation. If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed our investigation, and within ten (10) Business Days of the date of such explanation, we will debit your account of the amount previously re-credited to you for use during the time it took us to complete our investigation. You may ask for copies of documents used during our investigation.

N. FEES AND ADDITIONAL CHARGES: Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. We may charge an additional fee if you request the original document for any item that has been scanned. Also, there may be a charge for additional transactions and other optional services. You agree to pay fees for the Service as described at the Service Website. Fees for your use of the Services will be calculated and deducted automatically from your Funding Account either by ACH Debit or by Direct Check on a monthly basis.

O. CONSENT TO ELECTRONIC COMMUNICATIONS: Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means either by e-mail or posted on LegacyTexas Bank Website as described below:

1. This Agreement and any amendments, modifications or supplements to it.

2. Your records of any payment and other transactions through us, including without limitation payment histories and confirmations of individual transactions.

3. Any disclosures or notices provided in connection with iPay, including without limitation those required by federal or state law (including without limitation initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).

4. Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Services.

5. Any other communication related to iPay.

All electronic Communications will be deemed to have been received by you no later than five (5) business days after we send it to you by e-mail whether or not you have received the e-mail or posted on LegacyTexas Bank Website, whether or not you have received the email or retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by our e-mail server to the appropriate e-mail address. You agree that these are reasonable procedures for sending and receiving electronic Communications.

You agree to promptly update your account records with us if your e-mail address or other information changes. You may update your account records, such as your e-mail address, as described in the Changes to Your Information section of this Agreement.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use iPay.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided in electronic form, you must close your account as described in the Term and Termination section of this Agreement and stop using iPay. There are no fees to close your account with us.

In order to access and retain Communications, you must have:
1. An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.7x or above or Internet Explorer version 5.0 or above.

2. An e-mail account with an Internet Service Provider and any software required to send and receive emails.

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

4. Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.

5. A printer that is capable of printing from your browser and e-mail software. Failed or Returned Transactions. In using iPay, you are requesting iPay to make payments for you from your Funding Account. If we are unable to complete the transaction for any reason associated with your Funding Account (for example, there are insufficient funds in your Funding Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice through iPay. In such case, you agree that

i. You will reimburse LegacyTexas Bank immediately upon demand the transaction amount that has been returned to the LegacyTexas Bank;

ii. You will reimburse LegacyTexas Bank for any fees imposed on us as a result of the return;

iii. You will reimburse LegacyTexas Bank for any fees we incur in attempting to collect the amount of the return from you; and

iv. LegacyTexas Bank is authorized to report the facts concerning the return to any credit reporting agency.

P. OUR RIGHT TO REFUSE TO MAKE PAYMENTS: We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance in the Funding Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other payment.

Q. CHANGES TO YOUR INFORMATION: You agree to promptly update all your profile information, including, but not limited to, name, physical address, e-mail address and Funding Account information. We are not responsible for any mail we forward to your old mailing or e-mail address prior to receiving updated information from you. All changes made are effective immediately for scheduled and future payments paid from the updated Funding Account information. iPay is not responsible for any payment processing errors or fees if you do not update your account information, or if you do not provide accurate Funding Account or contact information.

R. TERM AND TERMINATION: In the event you wish to cancel iPay, you may do so by contacting customer service at 972-578-5000.

We may terminate this Agreement at any time upon notice to you, which may be delivered via e-mail to your e-mail address reflected in our records. In addition, if either party breaches a material provision of this Agreement, then the other party will have the right to terminate this Agreement immediately by giving notice to the party in breach. The termination of this Agreement shall not affect any fees or charges already due to us from you.

Any payment(s) iPay has already processed before the requested termination date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once iPay is cancelled. iPay may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

S. RETURNED PAYMENTS: In using iPay, you understand that Payees and/or the United States Postal Service may return payments to iPay for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. iPay will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Funding Account. You may receive notification from iPay.

T. DISCLAIMER OF WARRANTY: YOU EXPRESSLY AGREE THAT USE OF IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

U. RESPONSIBILITY: IN NO EVENT WILL WE, OUR PROVIDERS, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE SERVICES. IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

V. INDEMNITY: You agree to defend, indemnify and hold us, our providers, harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the Service.

W. OTHER PROVISIONS: Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without our prior written consent. If any provision of this Agreement is unenforceable, the validity and enforceability of the other provisions shall not be affected. Failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision. This Agreement shall be governed by and construed under the laws of the State of Texas without regard to conflicts of laws provisions. You hereby consent to the jurisdiction of the state courts of Texas and the federal courts within the state with respect to any claim relating to this Agreement. The Disclaimer of Warranty, Indemnity and the Other Provisions sections of this Agreement shall survive the termination of this Agreement.

X. ENTIRE AGREEMENT: These terms are the entire understanding and agreement between you and us with respect to the Services and supersede any other oral or written agreements.