Payment Portal SMS ALERTS – Terms and Conditions

Description of Services. The Payment Portal SMS Alert Service is a Service whereby Alerts will be transmitted to a SMS Alerts User’s Mobile Device, on either a reoccurring basis or upon the occurrence of a specified event, depending on the Alert Triggers selected by such SMS Alerts User.

SMS Alerts Service Registration and Selection of Alert Triggers. As an option of the Payment Portal, the SMS Alerts Service is only available to customers who are enrolled in the Payment Portal. After Customer has Enrolled to the Payment Portal and has established access to the System, registration for the SMS Alerts Service and selection of Alert Triggers consists of the following steps:

(a) The Enrolled User accesses the System to input their Mobile Device Phone Number within the Notifications section of their Profile.

(b) The System transmits a unique code to the Mobile Device.

(c) The SMS Alerts User promptly inputs the code to the System to verify that they are in possession of the Mobile Device.

(d) Upon confirmation of the code, registration for that SMS Alerts User and that Mobile Device is complete.

(e) After receipt of the Alert confirming registration, the SMS Alerts User will be alerted of selected email notifications within their profile by SMS Alert as well as email.

(f) After registration and selection of the desired Alert Triggers, the SMS Alerts User’s Mobile Device will commence receiving Alerts as events or transactions associated with the Alert Triggers selected occur.

(g) After registration the enrolled user may opt in to pay a bill by text a saved Payment Method must be selected to initiate Text to Pay Service.

(h) Customer may unsubscribe and discontinue the SMS Alerts Service or Text to Pay Service at any time. SMS Alert Service may be discontinued through the Notifications section of the Enrolled Users Profile or by following the Stop instruction within SMS Alert.

Responsibilities of Customer and SMS Alerts Users. Mobile Devices are subject to loss, theft, destruction and other unforeseen events and each SMS Alerts User is solely responsible for properly registering their Mobile Device. As a result, Biller takes no responsibility nor assumes any liability, and Customer agrees to assume responsibility and risk of loss for the following:

(a) Any error by Customer or a SMS Alerts User in the selection of Alert Triggers and/or use of the SMS Alerts Service.

(b) The validity and accuracy of the Mobile Device Registration ID.

(c) Updating Mobile Device Registration IDs and other information via the System

(d) Failure to immediately access the System and remove a Mobile Device from the System if such Mobile Device is lost or stolen.

(e) Failure to receive an Alert due to a failure to update a Mobile Device’s Mobile Device Registration ID.

(f) Failure to maintain possession of or protect the security and integrity of a Mobile Device, including but not limited to, a failure to take all reasonable precautions to prevent any unauthorized use or access.

(g) Information pertaining to an Account which may become known to any third party due to a failure of Customer or any SMS Alerts User to protect their SMS Alerts Service registration information

(h) Failure to receive an Alert due to the failure by a SMS Alerts User to: (i) turn on their Mobile Device, (ii) check their Mobile Device, or (iii) remain within the Mobile Device’s service area. In addition, Customer and each SMS Alerts User agree to provide any additional information as required by Biller from time to time, for the purpose of making the SMS Alerts Service available to Customer or such SMS Alerts User.

Service Availability. It is important to note that each SMS Alerts user may only be associated with one registered Mobile Device at a time. In addition, cellular and other wireless transmission services and networks are inherently insecure as well as subject to interruptions, weak or dropped signals and other failures that Biller has no control over. In addition to taking no responsibility or liability for any such suspensions and terminations caused by the actions or inactions of a CSP or by any third party or occurrence outside of its control, Biller also reserves the right, in its sole discretion, to change or discontinue the SMS Alerts Service any time, without further notice to Customer as well as suspend or terminate SMS Alerts Services in the following situations:

(a) If no formal arrangement exists pursuant to which a CSP has agreed to transmit Alerts generated by Biller to their service subscribers or a termination of any such existing arrangement.

(b) Submission by Customer or a SMS Alerts User of invalid data, Account closure, insufficient funds within any Accounts for charges, breakdown, maintenance, modification, expansion and/or enhancement work caused or initiated by telecommunications companies generally in relation to their network or by any CSP in respect of their transmission of Alerts.

Alert Delivery. Each Alert will be sent only once. If a SMS Alerts User deletes an Alert on their Mobile Device, it will not be sent again. In addition, some CSPs offer the capability of storing Alerts during periods when a Mobile Device is turned off or otherwise incapable of receiving SMS service and delivering such stored messages when the Mobile Device is turned back on or otherwise regains the ability to receive SMS service. The duration of this storage period may vary from CSP to CSP and some CSPs may not offer this capability as part of their SMS service at all. Customer and each SMS Alerts User should refer to their CSP carrier agreement for details on the SMS storage capabilities of their SMS service and Biller is not responsible for any Alerts that are not delivered as a result of a CSP failing to store an Alert.

Additional Exclusions. Biller shall not be responsible for any failure or delays in the transmission of Alerts and/ or the transmission of incomplete messages, where the failure or delay or incompleteness is due to a breakdown or failure of transmission or communication facilities, inherent technological deficiencies, network traffic congestion, or any extraneous factors or causes beyond Billers’ reasonable control.

Biller will not be responsible for any loss or damage caused to Customer’s data, software, computer, telecommunications equipment or other equipment caused by Customer’s use of SMS Alerts Services unless such loss or damage is directly and solely caused by the Bank’s negligence or deliberate fault.

Use and Security of Information. Customer acknowledges and agrees that each Alert will contain Account information relating to the Customer. Subscribing for SMS Alerts Services by Customer constitutes an Instruction and authorization to Biller to send Account-related or other sensitive information over a CSP’s cellular or other wireless system. Customer acknowledges any information sent pursuant to the SMS Alerts Service is for Customer’s use only, and shall not be taken as conclusive evidence of the transaction to which it relates and it is therefore the responsibility of Customer and each SMS Alerts User to verify any information received via an Alert before relying or acting upon it.

All Alerts sent by Biller as part of SMS Alerts Services are one-way communications and a SMS Alerts User should never respond to an Alert or any other request either by return SMS or email. Biller expressly refuses to accept liability for any losses arising out of a SMS Alerts User replying to any transmission (whether in the form of an Alert or not) purportedly received from Biller via the SMS Alerts Service which requests such SMS Alerts User to provide Account details or any other personal or confidential information such as their Mobile Device Registration ID, User Ids or passwords. Any such purported request from Biller or other irregularity in an Alert or SMS Alerts Service should be reported to Biller immediately.

Service Charges and Other Fees. Customer shall be liable to its CSP for payment of such airtime, messaging or other charges which may be levied by the CSP in connection with receipt of Alerts. Biller has no knowledge of those charges and will not be liable for any such charges.