Disclosures

Agreement and Federal Disclosure General Terms and Conditions of the Internet (Digital) Banking Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, THEY GOVERN YOUR ACCESS AND USE OF THIS INTERNET BANKING (DIGITAL BANKING) SERVICE.

BY ACCESSING OR USING THIS SERVICE, YOU AGREE YOU HAVE RECEIVED THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY NEW REPUBLIC BANK, FROM TIME-TO-TIME AND POSTED ON THIS SERVICE.

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Definitions

As used in this Agreement, “account” and “accounts” mean the New Republic Bank account in which you are either the owner or joint owner. “Loan account” and “loan accounts” mean any loan you have with the Financial Institution. “You,” “your,” and “yours” mean the person(s) using the Service. “We,” “our,” “us,” and “Financial Institution” refer to the individual Financial Institution, New Republic Bank that holds your accounts.

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Warranties

Although New Republic Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the SERVICE, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING THE SERVICE OR FEATURES ACCESSED THROUGH THE SERIVCE, WEB BROWSERS, APP ACCESSED THROUGH THE INTERNET, OR ANY INTERNET SERVICES  INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW.   THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE OR OUR SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTEROR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ANY SUCH MATERIAL, WHETHER DUE TO COMPUTER VIRUS OR OTHERWISE.

New Republic Bank also make no representations, endorsements, or warranties, either express or implied, with the respect to any service operated by a third party.

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Service

Contents are included in this SERVICE solely for the personal use of the SERVICE users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Service without the prior written consent of New Republic Bank, which may be withheld in its sole discretion. To use Internet Banking, you must have at least one New Republic Bank active account and a user identification (user ID) and password. Through Internet Banking, you will have access to any of your New Republic Bank deposit accounts or loan accounts. New Republic Bank reserves the right to deny access to a deposit account or loan account or to deny transactions under certain circumstances. We will have no obligation to carry out any transfers or payments unless there are sufficient funds in the pertinent deposit account or any overdraft line of credit on that deposit account.

 

Service Hours

You ordinarily can participate in our internet banking service 24 hours a day – 7 days a week, except during system maintenance and upgrades. However, we reserve the right to suspend our internet service from time to time as we deem appropriate.

 

Password and Security

Your Internet Banking personal user identification (user ID) and password are required to access New Republic Bank’s Internet Banking functions. You agree not to give or make available your credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe your credentials has been lost, stolen, someone has attempted to use the Internet Banking Service without your consent, your deposit account(s) or loan account(s) have been accessed, or someone has transferred money without your permission, you must notify New Republic Bank immediately. New Republic Bank does not maintain a record of your password. If you lose or forget your credentials, contact New Republic Bank immediately so that you may select a new personal user identification (user ID) and/or password.

 

Limitation of Liability

IN NO EVENT WILL NEW REPUBLIC BANK OR  ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ITS SUBSIDIARES, AFFLIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, LOSS OF GOODWILL OR LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBLITY THEREOF) WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE SERVICE OR IN CONNECTION WITH ANY  FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF NEW REPUBLIC BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

 

Copyrights and Other Intellectual Property

Except where otherwise expressly noted or as noted below, all Contents of the SERVICE, including the graphics, icons and overall appearance of the SERVICE, are the sole and exclusive property of New Republic Bank and/or its subsidiaries or affiliates. The posting of the contents of this SERVICE neither constitutes a waiver of any New Republic Bank’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the SERVICE user or to any third party. Contents of this SERVICE are protected by United States and international copyright laws, both as individual works and as a collection and by the United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the SERVICE.

 

Links to Other Services

New Republic Bank may establish links between this SERVICE and one or more SERVICEs operated by third parties. New Republic Bank has no control over any such other SERVICEs or the contents therein. The existence of any such links shall not constitute an endorsement by New Republic Bank of such SERVICEs, the contents of the SERVICEs, or the operators of the SERVICEs.

 

Transmissions to and from the SERVICE

Except where expressly indicated otherwise, transmissions to and from this SERVICE or directed to New Republic Bank, including e-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business department at New Republic Bank. DO NOT use e-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 252-533-9000 or write us instead at this address: New Republic Bank, 420 Becker Drive/P O Drawer 700, Roanoke Rapids, NC 27870, ATTENTION: Internet Banking Customer Service. Any transmission to this SERVICE, including e-mails shall be deemed and remain the property of New Republic Bank. New Republic Bank shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a SERVICE user to New Republic Bank through this SERVICE.

 

Alterations and Amendments

The terms of this Agreement, applicable fees, and service charges may be altered or amended by New Republic Bank from time to time, giving you notice as required by law. You are responsible for regularly reviewing these terms and conditions. Your continued use of this SERVICE following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.  Further, New Republic Bank may, from time to time, revise or update the New Republic program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, New Republic Bank reserves the right to terminate this Agreement as to all such prior versions of the New Republic Bank programs, services, and/or related material(s) and limit access to New Republic Bank’s more recent versions and updates.

 

Assignment

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

 

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.

 

Federal Disclosure

You agree to accept this disclosure online rather than a paper disclosure. We recommend you print the entire Agreement and Disclosure for your records. If you are unable to print this, please request a paper disclosure to be mailed to you.

 

Governing Law

These Terms and Conditions shall be governed by the laws of the jurisdiction in which the Financial Institution is located and by applicable Federal laws and regulations.

 

Severability

To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

 

Waiver

No waiver by New Republic Bank of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of the Terms and Conditions at any other time.

 

Service Contact

You may contact New Republic Bank by mail, phone or by e-mail.
New Republic Bank
420 Becker Drive
P O Drawer 700
Roanoke Rapids, NC 27870
252-533-9000 or 888-619-6389
support@newrepublicbank.com

 

Termination or Discontinuation

The use of Internet Banking requires enrollment on your behalf; therefore, termination of Internet Banking by you is done by not accessing or using the Service. However, any transactions or payments you have previously authorized will be completed as instructed. We can terminate your right to participate in our internet service at any time if you fail to comply with these terms or terms of your account agreements with us, including any failure to pay a required fee. Neither termination nor discontinuation shall affect your liability or obligation under the agreement.

 

Required Equipment

In order to use the Internet Banking Service, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your “Computer”) with a web browser (either Google Chrome, Mozilla Firefox, Safari (for Mac OS only) or Microsoft Edge), an active account, user identification (user ID) and password. The user ID is the confidential personal identification you use to access your account(s) through Internet Banking.

You are responsible for the installation, maintenance, and operation of your Computer, browser and the software. New Republic Bank is not responsible for any errors or failures from any malfunction of your Computer, the browser or the software. New Republic Bank is also not responsible for any Computer virus or related problems that may be associated with the use of an online system.

 

Data Recording

When you access Internet Banking to conduct transaction, the information you enter may be recorded. By using Internet Banking, you consent to such recording.

 

Address Changes

You agree to promptly notify New Republic Bank, in writing, of any address change.

 

Disputes

In the event of a dispute regarding Internet Banking, you and New Republic Bank 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 New Republic Bank, which supersedes and proposal or prior agreement, oral or written, and any other communications between you and New Republic Bank relating to the subject matter of this Agreement. If there is a conflict between what one of New Republic Bank’s employees says and the terms of this Agreement, the terms of this Agreement have final control.

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Customer Specific General Terms and Conditions

General Description of Internet Banking Service Agreement

What does this Agreement Cover

This Agreement governs the use of New Republic Bank’s Internet Banking Service (Digital Banking), jointly referred to as the “Service,” provided by New Republic Bank, also referred to as NRB.  These services permit New Republic Bank customers to perform several banking functions on accounts linked to the service using a computer. Unless indicated otherwise by the context, New Republic Bank “linked accounts” refers to all your accounts with New Republic Bank or its affiliates that you have linked to Internet Banking solution.

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Accepting the Agreement

By using the Service described in this agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

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Relations to Other Agreements

Your use of Internet Banking services may also be affected by the agreements between us for your linked New Republic Bank accounts. When you link an account to Internet Banking services, you do not change the agreements you already have with us for that account. Similarly, when you use Internet Banking services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Internet Banking services.

 

Internet Banking Services

Internet Banking for Consumers

You may use Internet Banking to:

• View current balance information for your linked accounts.

• Review available transactions for your linked accounts.

• Transfer funds between your linked internal New Republic Bank accounts on either a one-time or recurring basis, including as a payment to linked installment loan or mortgage.

• Transfer funds between your New Republic Bank account and other Financial Institutions (“Account to Account” or “A2A”) on either a one-time or recurring basis.

• Send a person a payment from your eligible account by means of mobile and web-initiated payments (“Person to Person” or “P2P’).

• Pay bills and external payees as defined by the capabilities of the internet banking bill pay service.

• View account alerts and notifications.

• Send us secured mail messages and questions regarding your Internet Banking services.

• Opt-In for eStatements.

• Perform basic services such as changing your User ID or email address, and/or personalizing the internet banking service.

Some of the above services may not be available for certain accounts or customers.

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Description of Internet Banking Services

Obtaining Account Information

You may use internet banking to obtain balance information and transaction histories for certain deposit and loan accounts. Balance information and transaction histories reported through internet banking may not include transactions that have occurred since the close of business on the previous close Business Day. Balance information shown for deposit accounts may include current balance and available balance, and these balance amounts may differ. The Current Balance is the ending balance in your account as of the close of previous Business Day and does not include pending transactions or any holds which may have been placed on your account. The Available Balance is the Current Balance less any holds and includes certain debits and credits which have taken place since the close of the previous Business Day; The Available Balance provides the most up-to-date balance information. The Available Balance does not include or account for any scheduled payments or transfers that have not processed. Transaction history information is available for your current statement cycle plus the previous two statements.

 

Transferring Funds

You may make one-time or preauthorized recurring transfers of funds from many of your deposit accounts to certain other accounts that you can access through internet banking, including other deposit accounts, installment loans or mortgages.

When we receive transfer instructions from you or any other User, you authorize us to debit your transfer-from-account for the indicated amount, transfer the funds on your behalf to the transfer-to-account designated by you, and debit your transfer-from account for any fees resulting from the transfer as disclosed in the on Digital Banking Fee Schedule. If we credit that transfer amount to the transfer-to account, but the debit is returned to us for any reason, including but not limited to insufficient funds in the transfer-from account, you authorize us to reverse from your transfer-from account the amount of the returned debit.

We will use reasonable efforts to complete all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers if:

• The transfer-from account has insufficient funds;

• The transfer service is not working properly, and you know or have been advised by us about the malfunction before you execute the transaction;

• The transfer is refused;

• You have provided us with incorrect information, including but not limited to incorrect information about the transfer-to account;

• Circumstances beyond our control, including but not limited to, fire, flood, network or system down time, issues with other financial institutions(s) involved in the transfer or interference from an outside force, prevent us from properly executing your transfer.

It is your responsibility to ensure the accuracy of the information you enter in connection with transferring funds, and to inform us as soon as possible if you become aware that any information you entered was inaccurate. If you notify us promptly, we will make reasonable efforts to stop or recover a transfer directed to the wrong transfer-to account; however we do not guarantee such reversal or recovery and are not responsible or liable for any damages resulting from the incorrect information entered by you or any other party to a transfer.

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Internal Transfers Between your New Republic Bank Accounts

One-time Transfers.

The “transfer date” is the date you enter for the transfer of funds from one account to another. Transfer of funds from a deposit account or line of credit account to a deposit account are generally processed simultaneously on the transfer date.

Preauthorized Recurring Transfers.

You can choose to make your transfer recurring with numerous frequency options. If you select a particular numeric date of the month as your frequency, and that date falls on the weekend, holiday, or a non-bank Business Day your transfer will occur the next Bank Business Day.  All other scheduled and recurring transfers will be processed from the funding account at the beginning of the business day requested. If you have instructed us to make Preauthorized Recurring Transfers out of your account; you can stop these transfers by cancelling it within internet banking prior to the scheduled processing date.

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External Funds Transfers between your New Republic Bank accounts to Other Financial Institutions (Account to Account or A2A)

By using A2A, you can make one-time or preauthorized recurring external transfers through a consumer mobile device or computer from consumer accounts to or from certain checking and savings accounts held at other financial institutions in the United States (Recipient Accounts); however you may be charged a fee for these transfers as disclosed in our Digital Banking Fee Schedule. The Available Balance in your account must be sufficient to cover the transfer at the time your external transfer is scheduled.

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Prior to making external funds transfer you must “add” each external Recipient Account to which you want to transfer funds to your internet banking move money account by inputting the financial institution routing number and the account number and type (checking or savings) for the Recipient Account

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Fees

Any fees, for using A2A will be disclosed in the Digital Banking Fee Schedule. Any fee, if applicable, will be debited from your Account when the transfer is initiated. Keep in mind that if you send multiple transfers in a day, each transfer may be subject to a separate fee.

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Please note the receiving financial institution may charge you a fee for the incoming transfer. Please check your account agreement for details on applicable fees.

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Transfer Limitations

We may also establish a limit on the number of transfers and/or on the total dollar amount of transfers that you can initiate in one day and/or week. We may modify the amount and frequency of transfers at any time for security reasons or due to your Account activity. In addition, the receiving financial institution may have limits on the number and type of transfers allowed. Please contact us for the most current schedule of transfer limitations.

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Person-to-Person Payments (P2P)

Internet Banking for consumers offers a service that gives customers with an eligible account the ability to pay people through the Service Provider’s person-to-person (P2P) payment system.

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Person-to-person enables you to send person-to-person mobile payments from your eligible account with us to various recipients who have accounts with other financial institutions. The service also allows you to receive payments sent by other individuals with access to this service. Unauthorized use of P2P is strictly prohibited and is subject to prosecution under various laws, including the Computer Fraud and Abuse Act of 1986 and Title 18, U.S. Code 1001 and 1030. We may monitor and audit usage of this system. You are hereby notified that the use of this system constitutes consent to such monitoring and auditing.

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• You may use P2P to send one-time transfers of funds to Recipient with accounts at domestic financial institutions.

• You may originate transfers through P2P by use of a mobile device or computer.

• To give notice to the Recipient of a pending transfer you must provide the Recipient’s email address or mobile phone number.

• You may transfer funds to any account in the United States as long as the transfer is legal and allowed by both the sending and receiving financial institutions.

• You must accurately enter the Recipients e-mail address or mobile phone for each transfer. If you make an error in the information you enter, you are still obliged to pay for the transfer and related fees, if any.

• We will debit your Account immediately for the P2P transfers you initiate. However, the timing of the receipt of funds by the Recipient will depend on when the Recipient responds to the notification and when the Recipient’s financial institution posted the transfer to the Recipient’s account, which is dependent on what the financial institutions considers a Business Day.

• You authorize us to debit your Account to complete any Payment Instructions you initiate and pay any fees associated with a P2P transfer.

• By transferring funds through P2P, you authorize us or our Service Provider to send an email or text message instructing the Recipient how to receive the funds you are sending. You acknowledge that any party receiving the email message at the email address you provide, or text message at the mobile phone number you provide, may obtain the funds you are sending, regardless of whether they are your intended recipient.

• You acknowledge and agree that we are not responsible for determining the identity of the party who receives the email or text message and acts upon the email or text message in connection with your Payment Instructions. You also acknowledge that the funds may not reach the intended Recipient because of errors made by you or the Recipient, and you could lose all the funds that are transferred. The funds that are credited to the Recipient Account cannot be recalled by us. If you suspect that you have entered information incorrect, call us at NRB  immediately and we may be able to cancel the transfer. However, we have no obligation to attempt to cancel the transfer or to reimburse funds that were transferred according to your Payment Instructions.

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We may reject any Payment Instructions you initiate. In addition, if there is an error in the Payment Instructions, the transfer may automatically reject. If that occurs, the funds will be re-deposited back to your account and both you and the Recipient will receive an email notification. We may terminate your use of the service for any reason including for attempting to make transfers with insufficient funds in your Account.

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Fees

Any fees, for using P2P will be disclosed in the Digital Banking Fee Schedule. Any fee, if applicable, will be debited from your Account when the transfer is initiated. Keep in mind that if you send multiple transfers in a day, each transfer may be subject to a separate fee.

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When you initiated a P2P transfer, funds are debited from your account. If this Account has insufficient funds to cover a transfer we may reject the transfer, pay it into overdraft (if you have opted in to our basic overdraft service), or, if you have elected our premium overdraft service, we may transfer funds from your linked savings or line of credit to cover the overdraft. You will be responsible for any resulting NSF, overdraft or transfer fees that apply to your Account.

Please note that your mobile carrier may charge you a fee for text messaging. Please check your mobile service agreement for details on applicable fees.

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Transfer Limitations

We may also establish a limit on the number of transfers and/or on the total dollar amount of transfers that you can initiate in one day and/or week. We may modify the amount and frequency of transfers at any time for security reasons or due to your Account activity. In addition, the receiving financial institution may have limits on the number and type of transfers allowed. Please contact us for the most current schedule of transfer limitations.

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Issues Affecting the Posting of Transfers

A number of events may affect the timing or success of a transfer reaching the intended Recipient. Such events may include, but are not limited to, errors you or the Recipient make in entering information, such as inaccurate account information, delays in posting by the receiving financial institution, acts of God, and ACH interruptions. If we believe a transfer may be illegal, we may decline or reverse the transfer. The receiving financial institution may choose not to post or delay posting a transfer. We are not responsible for any delays in the transfer of funds or the posting of funds to the Recipient’s account. Financial institutions have rules and regulations that govern their accounts. Some of these regulations may not allow an incoming electronic transfer of funds. You are responsible for ensuring that P2P transfers are allowed for the account of any Recipient you designate. We are not responsible for any action or lack of action taken by the receiving financial institution that delays, inhibits, or prevents the posting of a transfer to the intended Recipient’s account.

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Security

If you use this service you acknowledge that you will be providing information to our Service provider from your mobile phone, tablet or computer in order to affect a transfer. If the receiving financial institution contacts us for information regarding your Account that was used to send a P2P transfer, you authorize us to discuss the transfer and the Account information you have provided in connection with the transfer.

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Mobile Remote Deposit

NEW REPUBLIC BANK reserves the right to change this Mobile Remote Deposit section or the Mobile Remote Deposit Services, as it may deem necessary or appropriate. Bank reserves the right, without penalty or liability, to withdraw or discontinue Mobile Remote Deposit Services from a Customer.

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Definitions pertaining to Mobile Remote Deposit

Qualifying Items refer to checks as defined in 12 CFR 229.2 (including share drafts and remotely created checks) drawn on financial institutions located in the United States. 
Banking Day refers to one of Bank’s banking days as defined in 12 CFR 229.2. 
Remote Deposit refers to your deposit of Qualifying Items to your account by endorsing the paper original, then scanning both sides of the paper check and sending their accurate images to the Bank as per instructions presented within Mobile Banking during the remote deposit process.

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Endorsement Requirements

Mobile Remote Deposits must include the endorsement “For NRB Mobile Deposit Only.” Failure to do so will result in your deposit being rejected.

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Hardware and Software Requirements

You can make Remote Deposits using Mobile Banking if your mobile device meets the minimum system requirements.

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Image Quality Requirements

Image quality of Qualifying Items you send us will be sufficiently inclusive and high quality to permit us to satisfy all pertinent requirements as established by Bank or applicable law and regulatory agencies including: The Check 21 ACT, 12 USC 5001, et seq.; The American National Standards Institute; The Electronic Check Clearing House Organization; and all other clearing houses or associations.

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Remote Deposit Limits and Receipt Deadlines

In addition to regulatory limits, Bank reserves the right to limit the frequency and dollar amount of mobile remote deposits initiated via your mobile device for security reasons. Images of Qualifying Items transmitted by Remote Deposit are not considered received by Bank until you have received an electronic confirmation of the receipt of the deposit from Bank. However, receipt of the confirmation from Bank does not mean that the transmission was error free or complete. Images of Qualifying Items transmitted by you and received by Bank or its subcontractors by 3:30 pm. Eastern Standard Time (EST) Monday through Friday, shall be credited to your applicable account on the same Banking Day. Items received by Bank after 3:30 p.m. EST on any Banking Day shall be credited to your applicable account on the next Banking Day. You understand and agree that funds from Qualifying Items deposited under the terms of this Agreement are subject to New Republic Bank’s Funds Availability Policy and will generally be available after processed and once funds are received.

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Acceptance Required

Bank will credit your account with a Qualifying Item in a Remote Deposit if, but only if, Bank receives it and accepts it for deposit. Bank can reject a Remote Deposit for any reason or for no reason at all.

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Provisional Credit Only

Any credit to your account of a Qualifying Item (including Qualifying Items drawn “on us”) is provisional only until collection is final. Until final settlement, Bank will act only as your agent, regardless of the form of endorsement or lack of endorsement on a Qualifying Item, even if Bank has provisionally credited your account. Bank can reverse any provisional credit to your account of a Qualifying Item that is lost, stolen, or returned. You will indemnify us and hold us harmless from any loss we may incur as a result of our lawfully reversing a provisional credit to your account.

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Failures or Alterations in Transmission

Bank will not be liable for any failures or alterations in the transmission of a Remote Deposit to us.

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Presentment/Collection 
Presentment and collection of Qualifying Items in a Remote Deposit will be by any means and through any clearing agents we deem appropriate, and you consent to any applicable clearinghouse rules.

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Funds Availability 
Funds from Qualifying Items in a Remote Deposit will be available to you at such times after their acceptance for deposit under this Agreement as they would be available to you after their acceptance for deposit had they been deposited as paper originals in person to one of our employees at our main facility (under our policies as reflected in our then current funds availability disclosure and 12 CRF 229.10, et seq.). Even after funds are available to you and have been withdrawn, you will still be responsible for returned items or any other problems with the Remote Deposit.

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Warranties 
Unless prohibited by law, by making Remote Deposits you make the following warranties to Bank and agree to indemnify Bank and hold Bank harmless from any breach of such warranties, including payment of reasonable attorneys’ fees and litigation expenses:

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• That you are entitled to deposit each of the Qualifying Items in the Remote Deposits;

• That Qualifying Items included in your Remote Deposits are duly authorized in the amount stated on the Qualifying Item and to the payee stated on the Qualifying Item;

• That there is and will be no duplication among Qualifying Items in your Remote Deposits;

• That you will not deposit or redeposit the paper originals of the Qualifying Items included in your Remote Deposits or make any other deposits or redeposit of such Qualifying Items without our informed consent;

• That Bank will not suffer any loss resulting from your Remote Deposits;

• That Bank will not suffer any loss resulting from your retention or destruction of the paper originals of Qualifying Items included in your Remote Deposits.

• That all information you provide to Bank regarding your Remote Deposits is accurate;

• That your Remote Deposits and all information you provide to us is virus-free;

• That your Remote Deposits do not violate any laws; and

• That you have performed and will perform all your obligations under this Agreement.

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Return Items 
If Qualifying Items included in your Remote Deposits are returned, Bank will provide you with images or substitute checks of the returned items, rather than the paper originals.

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Your Liability

You acknowledge that you are solely responsible if any Qualifying Item for which you have been given provisional credit is subject to return or reversal, and neither Bank nor its subcontractors shall be liable or responsible for same. You acknowledge that all credits received for deposit are provisional, subject to verification and final settlement. Information and data reported hereunder: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for information purposes only and may not be relied upon. Depositor agrees that Bank shall have no liability for the content of payment-related information.

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Statements

You will examine your statement of account and report to Bank any alterations or unauthorized signature purporting to be yours or on your behalf relating to Remote Deposits that you discover, or reasonably should have discovered, with reasonable promptness. Reasonable promptness for this purpose will not exceed 30 days from when the statement was first sent or made available to you. If you do not make such a report with reasonable promptness, you cannot assert against Bank such alterations or unauthorized signatures, or any others made by the same wrongdoer before we receive such a report, unless Bank failed to exercise good faith.  If Bank failed to exercise reasonable care, the loss will be allocated between you and Bank according to the extent to which your and Bank’s failure to exercise reasonable care contributed to the loss. In addition, in all states, if you do not discover and report to us any such alterations or unauthorized signatures or any other issues regarding Remote Deposits within 60 days from when the statement including the Remote Deposit was first sent or made available to you, you cannot assert them against Bank, even if Bank failed to exercise reasonable care.

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Information and Access 
You will promptly provide Bank with any information, including financial information, Bank requests that is pertinent in any way to your Remote Deposits or this Agreement, In addition upon the Bank’s request, you will grant us access to your documents and records sufficient to permit us to determine whether you are complying with the requirements of this Agreement.

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Irreconcilable Conflicts 
This Agreement supersedes your account agreement to the extent of any irreconcilable conflicts.

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Circumstances Beyond Bank’s Control 
Bank will not be responsible for any failure to act or delay in acting pursuant to this Agreement if the failure or delay is the result of circumstances beyond our control including, but not limited to, legal constraint, interruption of transmission or communication facilities, equipment failure, or war emergency conditions.

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Standard of Care 
Unless otherwise require by law, Bank’s standard of care in connection with this Agreement is limited to ordinary care. 

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Electronic Statement (“eStatements”) Service 

eStatements are available to you at no additional charge. An eStatement is your online banking statement and identical to your monthly paper statement. You have the option to receive either a paper statement or the electronic eStatement. If you enroll, we will request your consent to permit NEW REPUBLIC BANK to provide communications and information to you in secure electronic form rather than in paper for your selected accounts.

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You have the right to change from receiving an eStatement to receiving a paper statement at any time with no additional charges. New Republic Bank Business Online Banking customers may change their method of statement delivery by contacting their customer service representative.

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Each month, we will send you a regular email stating that your eStatement is available within New Republic Bank Business Online Banking. If the bank receives a notification that your email is undeliverable, we will attempt to deliver the notification to an alternative e-mail address if you have provided us with one. If you have not provided us with one, we will attempt to contact you at other contact information provided in your account. If your email address or contact information changes, you must inform the bank of these changes. You may change your contact information by contacting your customer service representative.

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If you have elected to receive an eStatement, you may occasionally request a paper statement from us as per our fee schedule.

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You must be registered for New Republic Bank Business Online Banking to receive your eStatements. You will need hardware enabled for Internet access with browser encryption requirements.

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I acknowledge that I have, at a minimum, the necessary requirements to be able to receive and retain eStatements.

We will keep a rolling twelve months eStatements available to you online once you sign up for eStatements and after you have received eStatements for twelve months.

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We reserve the right to discontinue your eStatements service at any time and return to delivering paper statements to you.

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Alerts and Messages

A Secure Message is a correspondence between you and New Republic Bank. You can send us a message if you have a question, encounter an issue or have general feedback and a representative will respond within 2 business days.

Alerts can help you manage your money and stay in touch with your accounts any time via email or text message. We offer two types of alerts, Security alerts and Account alerts. Some Security Alerts are required and will keep you informed about changes to your online profile. Account Alerts are optional and will notify you about specific activity occurring on your accounts.

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Security alerts are event driven and sent in real time. However, there are some alerts, such as a daily balance summary and a balance over/under alert that are sent each morning.

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To set up your Alerts, select Alerts from the left navigation menu to get started. You may make additions, deletions, and modifications to your Account alert selections at any time.

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New Republic Bank does not charge a fee for delivery of Alerts; however, if the delivery method you select is via text message, your wireless Service Provider’s standard message and data rates may apply.

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Account balances provided in Alerts will not reflect pending transactions, and deposits mentioned in Alerts may not be available for immediate withdrawal. If you require additional details about a transaction contained in an Alert, you may contact your local branch.

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We may change, suspend or terminate the Alerts service at any time without prior notice.

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ANY ALERTS WE SEND TO YOU ARE PROVIDED AS A CONVENIENCE TO YOU AND/OR FOR ADDED SECURITY. WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO SEND, MISDIRECTION, OR DELAY IN SENDING ANY ALERTS, INCLUDING ANY TYPE OF SECURITY ALERT, OR FOR ANY FAILURE OR DELAY IN YOUR RECEIPT OF AN ALERT OR FOR ANY ACTIONS YOU TAKE IN RESPONSE TO AN ALERT. WE DO NOT GUARANTEE THE DELIVERY OR ACCURACY OF THE CONTENTS OF ANY ALERT. YOU AGREE THAT YOU WILL NOT RELY EXCLUSIVELY ON RECEIVING ALERTS FROM US TO MONITOR YOUR ACCOUNT. ANY ALERT SENT TO YOUR CELL PHONE NUMBER MAY BE SUBJECT TO THIRD-PARTY MESSAGE AND DATA FEES.

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Other Terms and Conditions

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Monthly Service Charge

Except as otherwise provided in this agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the internet banking service.

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Other Charges

In addition to the fees already described in this Agreement, you should note that depending on how you access internet banking you might incur charges for:

• Normal account fees and service charges.

• Any internet service provider fees.

• Payments or transfers made through internet banking services from a saving or money market account may result in an excess transaction fee. See your savings or money market account for details.

• Additionally, fees may be accessed for added self-service features available through internet banking customer service, such as stop payment request, check copy orders and account statement copy orders. For additional information, please see the Digital Banking Fee Schedule.

• An NSF-fee, returned item, overdraft or similar fee may also apply if schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in case of a personal check, on the date when the check is presented to us for payment.

• We may charge you a research fee for an inquiry about a transaction in question according to Digital Banking Fee Schedule.

• You understand that other agreements you may have with unaffiliated Third Party Service Providers may include fees, limitations, and restrictions that might impact your use of Internet Banking (for example, internet access fee, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Internet Banking, receiving or sending text messages, or other use of your computer to access Internet Banking), and you agree to be solely responsible for all such fees, limitations and restrictions.

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Stop Payment Requests

To be effective, a stop-payment order must be received in time to allow us a reasonable opportunity to act on it, and for some ACH debits must be received at least three banking days before scheduled date of transfer. To be effective, a stop-payment order must identify the payment sufficiently to allow us a reasonable opportunity to act on it. If the payment is by check, or if the payment is by ACH debit and we give notice at the time an oral stop-payment order is received that written confirmation is required and provide an address where the written confirmation can be sent, an oral stop-payment order is effective for 14 calendar days only, unless confirmed in writing within the 14-day period. Properly signed written stop payment orders are effective for 6 months after date received and will automatically expire after that period unless renewed in writing. With respects to ACH, you and we agree to abide by the ACH rules and regulations regarding stop-payment orders.

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We will charge a fee as according to our Digital Banking Fee Schedule for each stop-payment order you request. 

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Joint Accounts

When your internet banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

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Transfers from Savings and Money Market Deposit Accounts

The deposit agreement imposes limits on the number of certain types of withdrawals and transfers you can make per monthly statement cycle from a savings or money market deposit account. You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers, computer transfers or mobile banking transfers or payments from a savings or money market deposit account each monthly statement cycle. Each transfer or payment through the internet banking service and/or mobile banking service from your savings or money market deposit accounts is counted as one of the six limited transfers you are permitted each monthly statement cycle. Please refer to your account disclosures for additional information on these restrictions.

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If you exceed these limits on more than an occasional basis, your accounts are subject to closure or conversion to another account and your account may no longer earn interest.

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Your Liability for Unauthorized Transfers

If you believe any of your Security Credentials or Cards have been stolen, or if you believe a transfer has been made using information from your check without your permission, CALL US IMMEDIATELY. If you cannot reach us by telephone, you may write to us using the contact information provided in the Service Contact section. Please refer to the Regulation E Disclosure (EFT Disclosure) provided at account opening, and the section entitled “Your Liability for Unauthorized Transfers,” for important information about your rights and obligations in the event of unauthorized transfers from your consumer account.

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If you tell us within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your credentials have been lost, stolen or compromised, you can lose no more than $50.00. If you fail to notify us within (2) Business Days after you learn of unauthorized access to your account(s) and/or that your credentials have been lost, stolen or compromised, and we can prove that we could have prevented the unauthorized access to your account(s), or use of your credentials had you notified us, you could lose as much as $500.00. If your monthly statement or your online account detail reflect any transfers or payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement which reflected an unauthorized transfer(s) or payment(s) was mailed to you, you may not get back any money you lost after the 60 days, provided that we can prove that we could have stopped someone from taking money if you had told us in time.

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Errors and Questions

In Case of Errors or Questions about your transactions, call or write us at the telephone number or address listed below, as soon as possible, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. Alternatively, you may visit your local branch.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Please refer to the Regulation E Disclosure (EFT Disclosure) provided at account opening, and the section entitled “Error Resolution” for important information about your rights and our obligations with respect to resolving errors or questions about your Electronic Fund Transfers.

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When you notify us, your inquiry must include:

1. Your name and account number;

2. A description of the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information;

3. The dollar amount of the suspected error and

4. The date of occurrence.

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If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transaction involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or questions. If we decide to do this, we will provisionally credit your Payment Account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, 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 questions in writing and we do not receive it within 10 business days, we may not provisionally credit your Payment Account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer. We will tell you the results within 3 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.

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New Republic Bank
PO Drawer 700, 420 Becker Drive
Roanoke Rapids, NC 27870
252-533-9000

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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 transfers you make ONLY in the following situations:

If we return transfers or payments made from your account which are drawn on insufficient funds or if we are unable to complete an electronic transfer or payment because of insufficient funds, or

• Where it is necessary for completing transaction, or

• Where it is necessary for activating additional services, or

• In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant, or

• To a consumer reporting agency for quality assurance, or

• In order to comply with a governmental agency or court orders, or

• If you give us your written permission.

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BRANCH LOCATIONS

Charlotte Office
521 East Morehead Street, Suite 100
Charlotte NC 28202
704-228-1525

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Roanoke Rapids Office
420 Becker Drive
P O Drawer 700
Roanoke Rapids, NC 27870
252-533-9000
888-619-6389

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newrepublicbank.com

MEMBER FDIC