Electronic Services Agreement - Business - Terms and conditions

“Electronic Services” means all of the services available through the use of Equipment and application software, in combination with the Password, and includes Telephone Service and Internet Services;

“Equipment” means the equipment, such as a land-line telephone, personal computer, or Mobile Device, which, when used with software (where applicable) and the Password, permit access to the Electronic Services;

“Interac e-Transfers®” means the service provided by Interac® and offered to Members as a part of Meridian’s Electronic Services. This service allows Members to send and receive money to another person provided they hold a Canadian dollar account with another Canadian financial institution;

“Internet Services” means the Electronic Services accessible through the use of Equipment, other than a land-line telephone or the telephonic function of a Mobile Device;

“Mobile Device” means a Mobile Device that permits data and/or text messaging and which may or may not feature a telephonic function;

“Password” means the personal access code selected by the Member for the Member’s use, which, when used with software (as applicable) and Equipment, permits access to the Electronic Services;

“Signing Authority” means any person authorized to sign on an Account;

“Telephone Services” means the Electronic Services made available through the use of a land-line telephone or the telephonic function of a Mobile Device;

“Transaction” means any transaction performed using any of the Electronic Services;

2. Use of the Electronic Services

You may use the Electronic Services to access any permitted Account and to conduct Transactions as may be permit- ted with respect to any such Account. When using the Electronic Services, you will not be permitted to pay bills from, or transfer funds out of, any Account on which more than one signature is required to authorize a transaction. You agree to follow Meridian’s instructions in effect from time to time with respect to the use of the Electronic Services.

When a Password is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by you in person, and you agree to be bound by each such Transaction. You irrevocably authorize and direct Meridian to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by you at the time of the Transaction, in accordance with Meridian’s normal practices. Meridian’s practices respecting the debiting or crediting of any Transaction under any of the Electronic Services may be revised from time to time with or without notice to you.

You agree to not conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. You will indemnify Meridian for all liability or loss arising out of any such Transaction.

You agree that if you use the Telephone Services without using the specified toll-free numbers, you alone will be responsible for all long distance charges imposed by your telephone service provider.

You consent to Meridian’s taping, storing or otherwise recording your sessions using the Electronic Services. This consent may or may not be con- firmed prior to or during each session. Meridian agrees to keep the contents of any such record confidential and confirms that the records will only be used to verify Transaction and service request details and monitor the performance of its employees.

3. Limitations

You agree that the Electronic Services will be available only on an “as is” and “as available” basis.

Meridian offers the Electronic Services in order to improve the accessibility of Meridian to its Members. However, the provision of the Electronic Services is dependent in part on communication lines and other third-party equipment and services. You agree that you will not hold Meridian liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision of or failure to provide services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will Meridian be liable for any personal injury, or property damage, or any loss of business or profit, or other indirect or consequential damages whatsoever.

4. Bill Payments Made through the Electronic Services

Meridian will use its best efforts to forward any bill payment Transactions to the merchants specified by you for credit the next or second business day following the day they are authorized through the Electronic Services. However, you agree that Meridian is not responsible for delayed credit or late payments for reasons beyond Meridian’s control. You alone are responsible for entering and authorizing the correct payment amounts, merchant account identification, the Account to be charged, ensuring that each payment is entered and authorized only once, and that there are sufficient funds available in your Account or available through a line of credit to complete the transaction. If the Electronic Service tells you that the Transaction failed, you acknowledge that it remains your sole responsibility to make the bill payment through another channel.

5. Access to Electronic Services by a Mobile Device

You agree that any data and/or text messaging charges incurred by your wireless carrier for the use of the Mobile Services are your responsibility.

You understand and accept that text messages exchanged between your Mobile Device and Meridian are not encrypted and can be accessed by anyone with access to your Mobile Device. Though account numbers will be masked, information such as transaction amounts and dates of transactions will be visible to those with access to your Mobile Device. It is your responsibility to take appropriate steps for keeping your financial information confidential, including locking your device with a password known only to you.

6. Interac e-Transfers

You understand that e-Transfer is a service provided by Interac and offered as a part of Meridian’s Electronic Services. This service allows you to send and receive money to another person provided they hold a Canadian dollar account with another Canadian financial institution.

You understand that there are limits to the amount of money that you can send and receive. These limits are applied daily, weekly, and monthly. e-Transfers are not counted towards your monthly self-serve transactions within the respective chequing package that you hold. You agree to pay Meridian a fee for each outbound item. Both the limits and the fee for outbound transactions are set by Meridian at its discretion and are subject to change without prior notice to you.

You are responsible for ensuring that the correct account number, phone number or e-mail address for the intended recipient is provided. The receiving financial institution may charge a fee to the recipient. Terms and conditions may vary by institution. More information about e-Transfers can be found on Meridian’s public Web site. Please refer to the Interac e-Transfer® Services Schedule Terms and Conditions for additional terms and conditions that govern your use of these services.

7. Confidentiality of Password

The Password is for your use alone and may not be assigned or transferred. You agree to keep the Password confidential and not to disclose it to any person other than to a Signing Authority on the Account. You agree not to record the Password in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, Meridian recommends that you change my Password on a regular basis, such as every 90 to 120 days. If the Password becomes known to other than a Signing Authority on the Account, confidential information about your Account may be accessed.

8. Transaction Verification and Records

All Transactions are subject to verification and acceptance by Meridian, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date you authorized the Transaction, which may affect the Transaction date.

Meridian’s records of each Transaction and Meridian’s accounting records will be deemed to be correct and will be conclusive and binding upon you. Any re- cord of a Transaction generated by the Software will be for your convenience only. If you believe that Meridian’s records contain an error or omission, you must give written notice of the suspected error or omission to Meridian within the time provided in the Business Services Agreement — Operating Terms and Conditions between you and Meridian for the relevant Account or Accounts.

If Meridian does make an error or omission for any reason with respect to the recording of any transaction, the liability of Meridian will be limited to the amount of the error or omission in recording, plus any applicable service charges that may have been charged to you by Meridian. Specifically, you agree that Meridian will not be liable for any other loss, or any loss of business or profit, or any other damage (direct or indirect or consequential), or delay or inconvenience whatsoever caused by or arising from any such error or omission.

9. Service Fees

Meridian will establish service fees for use of the Electronic Services and/or for conducting Transactions and may change these service fees from time to time. You authorize Meridian to deduct any applicable service fees from any Account.

10. Transaction Processing

When the Password is used by you to conduct a Transaction by accessing the Electronic Services, you may not revoke or stop any such Transaction once the Transaction request has been processed.

11. Member’s Liability

You agree to notify Meridian immediately, in writing, if your Password becomes known to anyone other than you.

You are liable for all unauthorized use of the Password until such notification is made and acknowledged, in writing, by Meridian. Until Meridian’s acknowledgment is received by you, notification is not deemed to be received by Meridian.

12. Termination

Meridian may at any time without notice withdraw permission to use any of the Electronic Services, or cancel or alter any of the Electronic Services without being liable for any loss resulting from such action. You agree that the termination of the Electronic Services for any reason will not relieve you of any obligations under this Agreement with respect to the Electronic Services.

13. Changes to Agreement

Meridian can add to or change the terms and conditions of this Agreement from time to time, but Meridian will give at least 30 days’ notice of any such additional or amended terms and conditions. The 30-day notice will run from the date a notice is mailed or is first displayed at the branch or on sign-on screen. If you continue to use any of the Electronic Services after the effective date of any additional or amended terms or conditions to this Agreement, then you will be deemed to have accepted such additional or amended terms or conditions.

14. Other Agreements

The Business Services Agreement — Operating Terms and Conditions with Meridian and any other conditions or agreements between you and Meridian regarding any Accounts shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail with the exception of the Business Services Agreement — Operating Terms and Conditions.

15. Execution

This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall be deemed to bear date as of the date written below. When executed electronically, use of the Electronic Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.

16. General

If you hold an Account jointly with another person or other per- sons, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the Electronic Services with respect to that Account.

Interac e-Transfer® Trade-mark of Interac Corp. Used under license.