Thomaston Savings Bank Day and Night Online Banking Customer Agreement and Disclosure Statement *

A Note to Our Customers:
Please read our "Customer Agreement and Disclosure Statement" below and acknowledge acceptance of the terms herein by clicking on the "I accept" button at the end of the page in order to proceed to our TSBDaN application.

In this agreement "you", "your", and "yours" refers to each of you that will be using the Thomaston Savings Bank Day and Night ("TSBDaN ^SM ") online banking services described in this agreement. "We", "us", "ours", and "Bank" refers to Thomaston Savings Bank. "Account" refers to the deposit and credit accounts you can access through TSBDaN online banking. Those include accounts under your name and social security number. This agreement contains the terms and conditions governing the TSBDaN online banking services for which you have applied. TSBDaN is an electronic banking and information service, which permits you through the use of your personal computer to access your deposit and credit accounts through the Internet using a browser.

2. Deposit and Credit Agreements. The terms and conditions in this Agreement are in addition to any deposit account, credit account or other agreement you have with us relating to your Accounts, including any disclosures made pursuant to such agreements. You must maintain your Accounts in good standing with us in order to perform transactions in those Accounts through our TSBDaN.

3. Equipment Requirements. In this Agreement, the term "Computer" shall mean your computer and modem. The installation, maintenance and operation of your Computer equipment, including, but not limited to, your computer modem, internet browser and the internet access through your internet access provider is your responsibility. The instructions for TSBDaN describe the type of Computer and Internet browser you need to access TSBDaN. We are not responsible for any errors or failures from any malfunction of your computer, and we are not responsible for any computer virus or related problems that may be associated with the use of TSBDaN. WE DISCLAIM ALL WARRANTIES REGARDING YOUR USE OF TSBDAN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Your personal software may include other functions and features (such as home online budgeting and mortgage comparisons), which are not associated with TSBDaN, and we are not responsible for them either. You agree that we are not responsible for any failure or loss caused if any personal financial software you use or any of your personal hardware or software is not compatible with our system.

4. Description of TSBDaN Online Banking. Depending on the services requested by you in your Application, TSBDaN allows you to perform some or all of the following functions for your designated Accounts:

• • Obtain account balances and transaction information for your statement savings and checking Accounts
• • Retrieve images of Thomaston Savings Bank checks.
• • Transfer funds between your statement savings and checking Accounts
• • Obtain loan balances and make loan payments to Thomaston Savings Bank loans
• • Make payments to any person or business (a "payee") in the United States
• • Schedule and make future payments
• • Set up automatic, recurring future payments
• • Review, change and cancel payments
• • Inquire about specific payments
• • Send Stop Payment/Cancellation orders for bill payments that have not yet been transmitted.

These features of TSBDaN are limited by and subject to the terms set forth below:

(A) Your ability to transfer funds from your statement savings and money market accounts is limited by federal law, as stated in your Combined Deposit Contract. By law there are a limited number of transfers from these accounts per monthly statement cycle initiated on your computer (or by means of telephone, wire or preauthorized transfers), as described in our Combined Deposit Contract.

(B) There may be a one (1) business day delay in transferring funds between designated Accounts depending upon the day and time on which you request the transfer. Transfers are subject to funds availability.

(C) You can access your Overdraft Line of Credit ("Check Net^SM") when you overdraw your Account using TSBDaN. A transfer from Check Net^SM will be treated as a loan advance from that Account and is subject to the Agreement that governs that Account.

(D) No transfers may be made from any account that requires two or more signatures

(E) Balance and transaction information provided on any day may be current only as of the close of business on the preceding business day. Transactional information for your checking accounts will be available from the date you begin using TSBDaN for a period of forty-five days after your current statement cycle. Transaction information for statement savings accounts will be available for longer periods.

(F) E-mail sent by you will not be immediately received by us. See Section 9 if you need to contact us immediately (for example, to report an unauthorized transaction from an Account or to stop payment on a check). No action will be made on your e-mail request until we actually receive your message and have a reasonable opportunity to act. You cannot use e-mail to transfer funds between accounts or to conduct transactions. You must follow the instructions for TSBDaN to accomplish these activities.

E-mail transmissions through general or public e-mail are not secure. We therefore request that you do not send us or ask for sensitive information such as account numbers, User Name or Password through any general or public e-mail system. If you wish to contact us electronically, please use the "Contact Us" form provided on our web pages.

(G) For your protection, we have set maximum dollar limits on your transactions through TSBDaN as follows:(i) the maximum dollar amount of payments that you may schedule in advance per day is $5,000, (ii) the maximum amount of any one transaction that you may conduct through TSBDaN is $5,000, (iii) the maximum amount of TSBDaN transactions that you can conduct per day is $5,000. If these limits do not meet your needs, you should contact the Bank.

(H) For security reasons, we may place other limitations on the frequency and dollar amount of transfers from your Accounts.

(I) After we receive your authorization for payment to any payee, the payment amount will be debited from your designated Account. The payment will be made by either transferring funds electronically to the payee or by sending a check to the payee. By authorizing a payment, you authorize us to debit your Account for the payment amount without your signature. We may honor online payment requests, checks, electronic payments, withdrawal tickets or instruments drawn on your Account in any order, which we decide. You must have enough available funds (as described in our Availability of Funds Policy) in your Account to complete the payment and should be aware that other transactions (such as ATM, Point of Sale, or in-branch withdrawals) may affect your Account balances.

(J) Your bill payment instructions should be received at least four (4) business days before the business day on which a payment is due. Payment instructions received on weekends and holidays will be considered received on the next business day. We are not responsible for delays in delivery of payments caused by the U.S. Postal Service, so you must authorize your bill payment in such a manner that your payments will be made on time. Any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions at least four (4) business days, as applicable, before a payment is to be made will be your responsibility. Section 10 limits our responsibility for any late payment or finance charges.

(K) Only payees with United States addresses may be paid using TSBDaN. We reserve the right to refuse to pay certain payees.

(L) TSBDaN services may be used to authorize automatic recurring payments of recurring bills. These payments must be for the same amount each month and they will be paid on the same calendar day of each month, or on the following business day if the regular payment day falls on a weekend or holiday.

(M) When you have entered and transmitted a payment instruction, you authorize us to reduce the Account balance accordingly. If the available balance in the Account (including any Check Net^SM ) is not sufficient to make payments you have authorized, we may either refuse to pay the item or at our sole discretion we may make the payment and thereby overdraw the Account. In either event, you are responsible for any non-sufficient funds, overdraft and other charges we will impose, as stated in the Schedule of Charges.

(N) We reserve the right to refuse to honor payment requests that reasonably appear to us to be fraudulent or erroneous.

(O) The following steps may be taken to void or stop bill payments:

• Canceling payments. If you have requested a future or recurring payment, but the Transmission Date has not yet arrived, you may use TSBDaN online banking services to cancel or edit the payment (if, for example, a payment date or amount is incorrect) if the canceling or editing request is transmitted at least four (4) business days prior to the Transmission Date. The Transmission Date is the day on which the payment is scheduled to be sent, not the payment due date.You will be responsible for the payment if the cancellation or editing request is not received at least four (4) business days prior to the Transmission Date and you fail to stop the payment.
• Stopping Regular and Automatic Recurring Payments. If you do not have access to your computer and you wish to stop payment, call or write to us at the phone number or address set forth in Section 9 in time for us to receive your request four (4) business days or more before the payment is scheduled to be made. If you call, we will also require you to put your request in writing and get it to us within 14 calendar days after you call. We may charge your Account our regular fee for each stop payment order you give. We will not be responsible for failing to act on a stop payment if you do not give us the payee information or if we do not have a reasonable opportunity to honor the stop payment order.
• Liability for Failure to Stop Payment of Automatic Recurring Payments. If you order us to stop one of your automatic recurring payments four (4) business days or more before the Transmission Date, and we do not do so, we will be liable for your losses or damages. We are not responsible for any indirect, incidental, special or consequential damages if our failure was not intentional and resulted from a bona fide error, notwithstanding our procedures to avoid such error.

(P) We may modify TSBDaN from time to time in accordance with applicable law. Additional services or accounts may become accessible through TSBDaN in the future. As each becomes available you will be provided with a description of each such service or account and fees and will be given the opportunity to access each through TSBDaN. Your use of these new services or accounts shall mean that you agree to any additional terms and conditions as well as payment of fees. Also, we reserve the right to delete or modify any services or accounts from TSBDaN.

5. Access ID(s) and Password(s). During your first use of TSBDaN, you are required to select a password, which will be needed to gain access to TSBDaN. You agree to keep the Access ID and Password confidential to prevent unauthorized access to your Accounts and to prevent unauthorized use of TSBDaN. Your User Name and Password may be revoked or canceled at any time without giving you prior notice to assist us in maintaining the security of your Accounts. The AccessID and Password are used to identify you as an authorized user of TSBDaN. You therefore agree to notify us immediately if the secrecy of your Access ID and Password is compromised and you also agree not to reveal your Access ID and Password to any person. The security of your Accounts depends upon you maintaining the secrecy of your Access ID and Password. If you believe that the secrecy of your Access ID and Password has been compromised you should call us AT ONCE at the number in Section 9, and you should change your Password by following the online help instructions.

We recommend that you change your Password often. If you forget your Password, you must contact us to have a new Password issued to you. It may take several days before you receive this new Password. Retain your Access ID and Password in a secure location and separate from your computer.

6. Periodic Statements. Your periodic statements for your Accounts will include any transfers or bill payments you authorize using TSBDaN, as well as your other account activity. We may elect not to return your checks to you with your statement.

7. Business Days and Hours of Operation. For the purposes of this Agreement, our business days include every day other than Saturday, Sunday or one of the state federal holidays that we observe. TSBDaN can only make transfers and bill payments on business days although you may use your Computer to use TSBDaN 24 hours a day, seven days a week, except during any special maintenance periods.

8. Your Liability. You are responsible for all transfers and bill payments you authorize using TSBDaN. If despite the prohibition on giving your User Name and Password to any person, you permit other persons to use TSBDaN or your User Name or Password, you are responsible for any transactions they authorize from your Accounts.

      Tell us AT ONCE if you believe your User Name or Password has been lost or stolen. Telephoning, as provided in Section 9, is the best way of keeping your possible losses down. You could lose all the money in your deposit accounts (plus your maximum Check Net^SM line of credit. If you tell us within two (2) business days, you can lose no more than $50 from each deposit Account if someone used your User Name or Password to access your deposit Account without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your User Name or Password, and we can prove we could have stopped someone from using your User Name or Password without your permission if you had told us, you could lose as much as $500 from each deposit Account.

      Also, if your statement shows transfers from a deposit Account that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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 hospital stay) kept you from telling us, we will extend the time periods. With regard to your Check Net^SM Account, refer to your Check Net^SM Agreements for any applicable limitations on your liability in connection with unauthorized use of your Check Net^SM Account.

9. Contact in Event of Lost or Stolen User Name or Password or Unauthorized Transactions. If you believe that your User Name or Password has been lost or stolen or that someone transferred or may transfer money from your Account without your permission, call us immediately at: 860-283-1874 and ask for the Operations Department or write us at:

Thomaston Savings Bank
Attention: Operations Department
203 Main Street, P.O. Box 907
Thomaston, CT. 06787

10. Our Liability. We will be responsible for your actual losses if they were directly caused by our failure to complete a transfer to or from your Accounts on time or in the correct amount according to our agreements with you.

However, there are some exceptions. We will not be liable, for instance:

(a) If, through no fault of ours, you do not have enough money in your Account to complete a transaction from that Account, or if withdrawals from any of your Accounts have been prohibited by a court order such as a garnishment or other legal process, or if that Account has been closed.

(b) If the transfer or bill payment would go over the credit limit on your Check Net^SM Account.

(c) If you have not properly followed your TSBDaN help screen instructions on how to make a transfer or bill payment or if your Computer, computer software or other equipment fails or malfunctions.

(d) If you have not given us complete, correct and current instructions so that we can make a transfer or bill payment.

(e) If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.

(f) If we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.

(g) If we have reason to believe that a transaction has not been properly authenticated or is fraudulent.

(h) If TSBDaN was not working properly and you knew or should have known about the breakdown when you attempted to authorize a transfer or bill payment.

(i) If circumstances beyond our control prevent the making of a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include delays or losses of payments caused by the U.S. Postal Service, equipment failure or breakdown, acts of God or other conditions beyond our control. We will be responsible for acting only on those instructions sent through TSBDaN that we actually receive.

(j) For other exceptions to our liability as stated in the Electronic Fund Transfer Agreement.

(k) Thomaston Savings Banks sole responsibility for an error in a transfer will be to correct the error, but in no case shall the Bank be liable for any indirect, incidental, special or consequential damages, except to the extent such limitation of liability is not permitted by law.

 

11. Error Resolution. In case of errors or questions about your TSBDaN transactions, contact us immediately. Telephone us at: 860-283-1874 and ask for the Operations Department or write us at:

Thomaston Savings Bank
Attention: Operations Department
203 Main Street, P.O. Box 907
Thomaston, CT. 06787

For credit Account Transactions: Write or telephone us at the address set forth in your credit Account Agreement or periodic statement. For credit Account transactions, if you telephone us instead of writing, you may lose certain rights the law gives you to dispute billing errors. If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must:

• Tell us your name and Account number(s)
• 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
• Tell us the dollar amount of the suspected error

(A) Deposit Accounts. 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. (We may extend this time period to 20 business days if the error occurred within 30 days of the first deposit to your Account). If we need more time, however, we may take up to 45 days to investigate your complaint or question. (If the complaint or question concerned a transaction that occurred within 30 days of the first transaction to your Account, we may take up to 90 days to complete our investigation). If we decide to do this, we will recredit your deposit Account within ten (10) business days for the amount you think is in error (or within 20 business days if the error occurred within 30 days of the first deposit to your account), so that you will have the 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 ten (10) business days, we may not recredit your deposit Account.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

(B) Credit Accounts. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your credit Account bill that are not in question. While we investigate your question, we cannot report the amount in question as delinquent or take any action to collect the amount you question.

12. Charges for TSBDaN Online Banking. Any charges for use of TSBDaN will be disclosed in our Schedule of Charges, which will be provided to you if applicable, schedule may be amended from time to time to change or add fees. You authorize us to deduct any applicable TSBDaN fees from any Account you have with us. In addition to any TSBDaN charges listed in our Schedule of Charges, the service charges and fees provided in the Credit Agreements will continue to apply.

13. Disclosure of Account Information to Others. We will disclose information to third parties about you, your Accounts or the transfers you make under the following circumstances:

(a) We have entered into an agreement to have another party assisting us in providing TSBDaN. In order to carry out your instructions we will provide this party with, or it will receive from you, information about your designated Accounts, your TSBDaN transactions and your electronic mail messages;

(b) Where it is necessary for completing transfers and bill payments;
(c) In order to verify the existence and condition of your Accounts for a third party, such as a payee or holder of a check issued by TSBDaN or a credit bureau;
(d) In order to report our experience regarding your Accounts or TSBDaN transactions to financial institutions and credit reporting agencies;
(e) To collect any debt that you may owe to us;
(f) We may collect customer Account data for the purpose of learning about aggregate customer usage patterns, customer telephone inquiries, and the effectiveness of TSBDaN, but shall not disclose individual identifiable information except as provided in this Section;
(g) In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal processes in order to give information to any government agency or official having legal authority to request such information;
(h) If you give us your written permission;
(i) As allowed to be disclosed under state and federal privacy laws; or
(j) For any of the reasons listed in the Electronic Fund Transfers Agreement.

 

14. Data Recording. The information and e-mail messages you enter on TSBDaN may be recorded. By using TSBDaN, you consent to such recording.

15. Amendment of this Agreement. We may at any time (subject to legal restrictions) amend this Agreement. We will notify you of any amendment to this Agreement as required by law. TSBDaN and your Accounts will be governed by the Agreement as amended.

16. Assignment. We may assign our rights and delegate our duties under this Agreement to any other party.

17. Termination. This Agreement and your ability to use any or all of the TSBDaN services may be terminated at any time by us or you upon giving notice of the termination to the other party. If you terminate TSBDaN, you authorize us to continue making transfers and bill payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers or payments from your Accounts, including any transfer or payments you have previously authorized. If we terminate your use of TSBDaN, we reserve the right to make no further transfers or payments from your Accounts, including any transactions you have previously authorized.

18. Severability. If any provision of this Agreement is held invalid, illegal, void or unenforceable by any rule or law, administrative order or judicial decision, all other provisions of the Agreement shall remain in full force.

19. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of Connecticut and applicable federal law.

20. Attorneys Fees. If you bring a legal action against us or if we bring a legal action against you and the legal action involves electronic fund transfers or matters discussed in this agreement, you agree to pay all of our attorney's fees if we win.