You are now leaving Sterling Savings Bank's Website

Sterling Savings Bank
Small Business Net Banking & Bill Pay Services
Terms & Conditions

Small Business Net Banking

Please refer to the most recent version of the “Rules & Regulations” pamphlet provided to you upon account opening, or on our public website, for the full list of applicable policies and disclosures for your account. In addition to this agreement and the Rules and Regulations, the Services we provide you shall also be subject to the following: (i) the provisions of the Agreement for Provision of ACH Services, Funds Transfer Agreement, and accompanying disclosures and statement of fees, which govern your Deposit Account, including, without limitation, the Business Account Disclosures and Regulations ("Disclosures and Regulations"), (ii) Article 4A of the Uniform Commercial Code, (iii) any applicable automated clearing house operating rules, including without limitation, the National Automated Clearing House Association Operating Rules and Guidelines (collectively, referred to as the "NACHA Rules"), and (iv) Federal, state and local laws and regulations applicable to you or the Bank, including without limitation the regulations promulgated by the Office of Foreign Assets Control ("OFAC").

This agreement does not alter or negate any provisions of the policies and disclosures provided within the published “Rules & Regulations” pamphlet. If there is any conflict between this agreement, the Disclosures and Regulations and the “Rules & Regulations”, the “Rules and Regulations” shall prevail, but only to the extent of the Service provided and except as prohibited by law.

DEFINITIONS
Unless otherwise noted with respect to specific Services, the following terms shall have the following meanings:

“Customer”, “You” and “your(s)” mean the person or business entity (and any parent company, subsidiary or affiliate of the same) that applies to use Small Business Net Banking for whom Bank provides a Service and each person who uses Small Business Net Banking or an online service with your permission.

“We,” “us,” “our” and “Bank” mean Sterling Savings Bank.

“Agreement” means these Terms and Conditions of the Small Business Net Banking Service.

“Deposit Account” means a checking, savings, or money market account.

“Service(s)” means the Small Business Net Banking or Bill Pay service provided by Sterling Savings Bank.

“Payee” means the individual or business you wish to pay using the Bill Pay service.

“Business Day” means any day on which we are open for business, except Saturdays and Sundays.

“Bill Pay Account” means the checking account that is associated with the Bill Pay service.

NO THIRD PARTY BENEFICIARIES/THIRD PARTY CLAIMS
Services provided by Bank are for the sole and exclusive benefit of Customer, and no other persons or organizations shall have any of the rights and remedies arising under this Agreement. Customer agrees to indemnify, defend and hold Bank harmless from and against any and all claims, demands, expenses, losses, liabilities and damages of third parties of any nature, whatsoever, including, without limitation, reasonable attorney fees and court costs at trial or appeal arising directly or indirectly from any Service delivered to Customer pursuant to this Agreement.

DISCLAIMER OF WARRANTIES
Bank makes no warranties, express or implied, in law or in fact, including, without limitation, implied warranties of fitness for a particular purpose and of merchantability, either to Customer or to any other party, with respect to the Services provided by Bank or made available by Bank to the Customer for its use in connection with this agreement and any Service.

DESCRIPTION OF SERVICE
Sterling Savings Bank’s Small Business Net Banking is a service provided via the public Internet to registered and authorized customers to enable access to common Internet Banking features and functionality. The specific features and functionality of the Small Business Net Banking service may be changed or modified at any time without notice.

REQUIREMENTS
In order to utilize the Small Business Net Banking service, users must:

Be active customers of Sterling Savings Bank with at least one business deposit or loan account. Small Business Bill Pay services require an active checking account.
Complete registration for Small Business Net Banking / Bill Pay service. Registration requires that you provide all requested information and agree to comply with these specified terms and conditions.
Have Internet access with an approved version of Internet browser software and/or operating system software.
Remain an active user of the Small Business Net Banking service. For security reasons, inactivity for over 180 days may result in termination of access without notification. Failure to utilize online Bill Pay service for over 90 days may result in the termination of Bill Pay service without notification.
Accept the terms and conditions of this Net Banking & Bill Pay Services Agreement & Disclosure.

SECURITY
Sterling Savings Bank and its vendors are committed to providing a safe online banking system. Login information and the request and display of private or personal information are done via the use of encrypted (“SSL”) communication to prevent unauthorized access. Login attempts are monitored and five consecutive failed login attempts will result in your access becoming blocked. It will be necessary to contact our Internet Banking Customer Service staff to request that it be unblocked or reset. Individuals using this system without authority, or in excess of their authority, are advised that if monitoring reveals possible evidence of criminal activity, system personnel may provide the evidence of such monitoring to law enforcement officials. In the course of monitoring for individuals improperly using this system, or in the course of system maintenance, the activities of all users may be monitored. Anyone using this system expressly consents to such monitoring.

USER RESPONSIBILITIES:
Safe and effective use of Small Business Net Banking requires that you, the customer, take an active role and responsibility for maintaining a safe and secure personal computer environment and follow safe online computing practices. Your role in maintaining a secure environment includes, but is not limited to, the following.

Do not share your private or personal information (including, but not limited to, your User ID, password, account number, card number, PIN, Social Security Number and Employer Identification Number), or any other sensitive information with unauthorized parties.
Do not leave your private or personal information out in an open area accessible by others, including your computer screen. When possible, lock your computer prior to leaving and enable a password-protected screen-saver to automatically lock your computer.
Do not send your private or personal information over any public or general e-mail system. E-mail is generally not secure or encrypted and unauthorized parties may easily read the contents.
Do not login or access Small Business Net Banking from public or shared use computers when you are unable to verify the software installed does not record your keystrokes or online activity.
Do not leave your computer unattended while you are logged into Small Business Net Banking.
Secure your personal computer by utilizing a personal firewall and running updated anti-virus and anti-spyware software to reduce the possibility of having the information you type captured and sent to unauthorized parties.
Do not use an easy to guess password such as your first or last name, “password” or the name of your child. A more secure password should be at least 8 characters long and include a combination of numbers, upper & lowercase letters, as well as special characters such as “!”, “@”, “#”, “$”, “%”, “&”, “*”, “(“, “+”, “=”, “?”, and/or “;”.
Change your password on a regular basis. We recommend that you change your password every 90 days or as soon as possible if you have any reason to believe that others may know it.
Establish an alternate User ID. Although Sterling Savings Bank initially sets your User ID, you can change your login User ID at any time to your own custom User ID.
Be skeptical of all requests for your personal information regardless of whether they are made via phone calls, e-mail messages, or web pages. Contact your local Sterling Savings Bank branch or the Internet Banking Department at 800-650-7141 to confirm any request for personal information.
Immediately report any unauthorized or suspicious activity on your account and report any lost or stolen personal information to your local Sterling Savings Bank branch or the Internet Banking Department at 800-650-7141.

PROPRIETARY INFORMATION
Customer acknowledges that all computer programs and systems used in providing Services pursuant to this agreement are of great commercial value, and all information related thereto constitute proprietary property of Bank and/or Bank's licensors. Customer agrees that Customer shall not acquire any proprietary interest or rights therein as a result of Customer’s use of the Services and shall keep all such proprietary information strictly confidential.

SERVICE AVAILABILITY
Small Business Net Banking and Bill Pay is generally available at all times, day or night, seven days a week, except from time to time for scheduled maintenance or unscheduled service impacting events. We will work to quickly resolve and minimize any interruptions in service.

ACCURACY & TIMELINESS OF ACCOUNT INFORMATION
Sterling Savings Bank strives to provide complete, accurate and timely account information through the Small Business Net Banking Service. However, unless otherwise required by law, we will not be liable to you if any such information is unavailable, delayed or inaccurate. The account information available may be updated on a “real-time” basis or updated on a daily basis depending on your account type. Deposits and/or credits that occur after 6:00 pm Pacific Time may not be reflected online until the next daily update.

FEES

Small Business Net Banking is offered free of charge to all Sterling Savings Bank customers in good standing with an active business deposit or loan account.
Our optional Bill Pay service is offered to all active customers registered for Small Business Net Banking. Our Bill Pay service is free with an active business checking account, and includes unlimited Bill Pay payments.

ELIGIBLE ACCOUNTS
Both business and personal accounts are eligible for access via either Small Business Net Banking or Personal Net Banking. Except as otherwise provided herein, this agreement shall govern business accounts and the Personal Net Banking & Bill Pay Services Agreement & Disclosure shall govern personal accounts. All accounts enabled for Small Business Net Banking access must have all authorized account signers in common.

ACCESS
You acknowledge that access to your accounts via Small Business Net Banking may be gained by any person in possession of your tax identification number and account numbers, or by any person aware of your User ID and password. You agree to (a) not disclose your User ID and/or password, or other means to access the Service or your Deposit Accounts, (b) notify us immediately of any loss or theft of your password, (c) protect your password and private information as described in the User Responsibilities section of this agreement, and (d) be liable for your password and for all of its uses, both authorized and unauthorized. If you permit any person to use your User ID and password or allow access to your tax identification number and account number, you will have authorized that person to access your accounts and you will be responsible for any and all transactions initiated or authorized while using such information.

STOP PAYMENT
You may request, as part of the Service, Bank to stop payment of a check you issued (“Online Stop”). Customer will initiate a stop payment in accordance with the specifications established by Bank. Customer acknowledges and understands that the stop payment procedure outlined herein do not apply to payments made pursuant to the Bill Pay service. Unless the time frame is otherwise modified by Bank, which Bank reserves the right to do without notice to Customer, a stop payment order shall remain effective for twelve (12) months unless Customer removes the order before it expires. Bank shall incur no liability for any damages caused by such unauthorized use. Customer is also responsible for ensuring that all Online Stop orders contain accurate information, including, without limitation, the accurate name to which the check is made payable, the check number, the account number and the exact amount of the check. Customer shall be liable to Bank for any damages or claims arising out of Bank’s refusal to pay a check on which Customer has placed an Online Stop, or paying any check on which: (a) Customer has released the order; (b) the order has expired; (c) the order has been improperly or inaccurately entered; or (d) the order has not been entered in a timely manner. Customer is solely responsible for determining whether a check has been paid prior to initiating an Online Stop order. Customer acknowledges that placing an Online Stop order on a check may not relieve Customer’s obligations on the check or the underlying obligation. Bank will exercise good faith and ordinary care in implementing Customer’s instructions under the Online Stop system. Should Bank inadvertently pay a check or permit a transaction over a valid Online Stop order, Customer is required to prove that a direct loss has been suffered and, if so, the amount of such loss. If Bank determines that it is legally obligated to credit the account, and in fact does so, Bank shall have all of Customer’s rights and remedies against the payee or the beneficiary of the transaction and Customer agrees to cooperate and assist Bank in its effort to collect the amount of the check or transaction.

CUSTOMER REVIEW
Customer agrees to regularly and promptly review and verify all statements, reports, check payment records, wire transfer instructions, confirmations, adjustments, charges, and other transactions. Customer shall, within a reasonable time, which in no event shall be greater than thirty calendar days following the day Bank first mails or otherwise makes data available to Customer (“Review Period”), notify Bank of any error or discrepancy between Customer’s records and any Bank notice or statement, or any transaction or transfer Customer believes was not authorized. If Customer fails to notify Bank of such unauthorized transaction within the Review Period, Customer agrees that the failure to report any such errors or unauthorized transactions shall relieve Bank of any liability for the unreported erroneous or unauthorized transaction. In accordance with NACHA rules, Customer must report an unauthorized ACH debit entry to the Customer’s account by the established deadline on the Business Day following the settlement date of the unauthorized entry. Otherwise, Customer's sole recourse is to the originator of the transaction.

THIRD-PARTY NETWORKS
Some services are provided by Bank through access to a third party network. Such Services are dependent upon the availability of the third party network on conditions acceptable to Bank. Bank reserves the right to discontinue the Service or provide the Service through an alternative third party network and shall have no liability should such network become unavailable. Bank does not warrant and shall not be responsible for Services received by Customer from any third party network.

THIRD-PARTY VENDORS
Some Services and/or computer equipment and software are provided to Customer by a third party vendor selected by Customer who is unaffiliated with Bank. In those cases, the third party vendor is acting as Customer’s agent rather than an agent of Bank, and Customer agrees to be bound with such third party's acts and omissions. Bank does not warrant and shall not be responsible for Services provided by unaffiliated third party vendors. Customer authorizes Bank to disclose to any third party vendor information concerning Customer to the extent required to deliver the requested Service.

SECURITY INTEREST
You hereby grant to Bank consensual possessory security interest in your Deposit Account maintained with Bank and the funds held therein to secure payment of all of your obligations under this agreement.

CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:

Where it is necessary for completing transfers;
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
In order to comply with government agency or court orders;
As explained in our separate Privacy Policy disclosure.

DISPUTE RESOLUTION

Governing Law/Jurisdiction. Except as otherwise provided herein, this agreement shall be governed by the laws of the State of Washington. Customer consents to the jurisdiction of the courts of the State of Washington, waives any argument that such venue is inconvenient and, unless otherwise agreed to by Bank in its sole discretion, agrees to bring litigation commenced in connection with this Agreement in either the US District Court, Eastern District of Washington or Spokane County Superior or District Court.
Jury Trial Waiver. Bank and Customer hereby agree to waive trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether in tort, contract or otherwise) in any way arising out of, related to or connected with the Services or this agreement. Bank and Customer represent and warrant to each other that this jury trial waiver is knowingly, willingly and voluntarily given.
Collection Costs. Should Bank have to undertake any action to recover any amount due under this Agreement for the Services, including, without limitation, fees, overdrafts or overpayment, Customer will be liable to Bank for the cost of such effort, plus reasonable attorney fees in any civil or criminal court action or appeal there from.
Adverse Claims. If Bank receives an adverse claim against any account, and Bank reasonably believes that it will not be protected if the claim is ignored, Customer agrees that Bank may place a hold on the affected account. Any such hold will remain in place only so long as reasonably necessary to resolve the claim or employ legal remedies to allow a court to decide such claim. Assuming compliance with this section, Bank shall have no liability for dishonored transactions due to the hold, and Customer agrees to reimburse Bank all costs, including attorney fees, incurred due to such adverse claim.

ACCEPTANCE
The first time you log into the Small Business Net Banking, you will be required to confirm your receipt and acceptance of this agreement and your agreement to be bound by all terms and conditions of this agreement.

TERMINATION OF THIS AGREEMENT
You may terminate your use of the Small Business Net Banking and/or Bill Pay services at any time by contacting either your local Sterling Savings Bank branch or our Customer Service Center at 800-650-7141. If you request termination of this agreement, you authorize us to continue making transfers and payments you have previously authorized until such time as we have had a reasonable opportunity to process your termination request. Bank may also terminate or suspend any Services without notice to Customer if any of the following occurs: (a) Customer becomes insolvent or files, or has filed against it, any bankruptcy or other insolvency, reorganization, liquidation or dissolution proceeding of any kind; (b) a material adverse change occurs in Customer’s business or financial condition; (c) Bank has reason to believe that Customer has engaged in fraudulent or illegal activity; (d) Customer fails to maintain balances in accounts, or access to other funds through overdraft protection, sufficient to cover overdrafts; (e) Customer violates the terms of this agreement, any terms and conditions of any financing arrangement with Bank; (f) Customer fails to provide financial information reasonably requested by Bank; (g) Bank determines it is impractical or illegal to provide any Services because of changes in laws, regulations or rules; or (h) Bank, in good faith, is unable to satisfy itself that any Services have been properly authorized by Customer. Notwithstanding any termination by Bank, the terms of this agreement shall apply to all transactions which have been initiated prior to termination.

Bill Pay Service

SERVICE DEFINITIONS
"Service" means the Bill Pay Service offered by Sterling Savings Bank.

"Agreement" means these Terms and Conditions of the bill pay service.

"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"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, Payee account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

PAYMENT SCHEDULING
Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.

THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

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

EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, misposted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Payee - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.

Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.

Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 1-800-650-7141 during customer service hours.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

Telephone us at 1-800-650-7141 during customer service hours;
Contact us by using the application's e-messaging feature; and/or,
Write us at:
Sterling Savings Bank
111 N. Wall Street
Spokane, Washington 99201

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 sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

Tell us your name and Service account number;
Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

Where it is necessary for completing transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
To a consumer reporting agency for research purposes only;
In order to comply with a governmental agency or court orders; or,
If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees as shown in the Business Banking Fees and Charges schedule will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service 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 the Service's more recent revisions and updates.

ADDRESS OR BANKING CHANGES It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:

Telephone us at 1-800-650-7141 during customer service hours; and/or

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

PAYEE LIMITATION
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service 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. The Service 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 Payment Account. You may receive notification from the Service.

INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

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 of this Agreement.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE 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 INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.