Berkshire Bank is pleased to offer the convenience of online electronic loan payment services (the "Services"). These ELECTRONIC LOAN PAYMENT METHOD TERMS AND CONDITIONS form an agreement (this "Agreement" a.k.a "Terms and Conditions") between Berkshire Bank ("Berkshire Bank") and any person(s) ("you" or "your") who submits an electronic payment ("e-payment") upon a Berkshire Bank loan account using the Services. Please read this Agreement carefully because it tells you about your rights and responsibilities regarding e-payments submitted using the Services.

By using the Services, you acknowledge that you have received and understand the provisions of this Agreement, and you agree to be bound by its terms. Your access to and use of the Services is also subject to all applicable laws.

Berkshire Bank may amend this Agreement at any time and without notice. Therefore, you should visit this page periodically to review this Agreement. Your use of the Services following any change to the Agreement constitutes your further acknowledgment and assent to follow and be bound by this Agreement as amended.

IF YOU DO NOT AGREE WITH ANY OF THESE ELECTRONIC LOAN PAYMENT METHOD TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

Third Party Providers

The Bank may make the Services available to you through or with the assistance of one or more third party providers ("Provider(s)"). The terms "our", "we", and "us" may be used in this Agreement to refer to the Bank and any Provider(s). The Bank reserves the right to change Providers without notice. Similarly, the Bank reserves the right to change the "look and feel" or functionality of the Services without notice.

Electronic Disclosures

When applicable, You consent to receive any disclosures relating to your loan account electronically either as found within the system, by e-mail or by notification that disclosures are available on Our website. Agreeing to accept disclosures electronically means that once the Bank presents them to you, and if necessary, you click to accept them, they will apply to you and all of your loan accounts.

You have the right to withdraw consent to have disclosures provided electronically. If you choose to discontinue receiving disclosures electronically or you wish to receive a paper copy, you may do so by calling 1-800-773-5601. There are no fees for obtaining paper copies of our disclosures.

Equipment Requirements: To receive disclosures electronically you must have Adobe Reader Version 8.0 or higher.

We maintain administrative, technical and physical safeguards to protect your personal and financial information. When we collect or transmit sensitive information such as financial information about you, we use industry standard methods designed to protect that information. However, please note that no e-payment solution, website, mobile application, database or system is completely secure or "hacker proof." You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

Berkshire Bank's Privacy Statement and Security Statement apply to your use of the Services and any information submitted, transmitted, collected, used, stored, or otherwise accessed by, in, or through the Services. The latest version of each of those Statements is incorporated into this Agreement by reference. Click on these hyperlinks to view the latest Privacy Statement and Security Statement.

Passwords

Your online account information is available to you with the use of a user ID and a password (log on credentials) of your choice. You can safeguard your account information by protecting your credentials. Keep your credentials confidential and do not provide them to anyone else. If you give your log on credentials to anyone, you may be responsible for any loss that stems from that disclosure. You may change your log on credentials at any time. The Bank recommends you change your credentials at least once every 90 days. Your credentials should not be an easily guessed word or names. They must contain a combination of letters and numbers and are case sensitive. The Bank recommends using a combination of upper and lower case letters interspersed with numbers.

Unauthorized Users

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Services. If you permit other persons to use the Services or your password or other means to access your account, you are responsible for any transactions they make, authorize, or instruct. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Services without your consent or has transferred money without your permission, you must notify us at once by calling (800) 773-5601 during customer service hours.

Virus Protection

You agree that we are not responsible for any electronic virus that you may encounter using the Internet or the Services. We encourage you to routinely scan your computer and media using a reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

Business Day

Every day is a business day except Saturdays, Sundays, and Federal holidays. If you initiate an e-payment before 5:00 P.M. on a business day the bank is open using our online banking product, we will consider that day to be the day of your payment. However, if you make a transfer after the cut off time or on a day we are not open, we will consider that the transfer was made on the next business day we are open.

Payment Scheduling

"Payment Instruction" is the information provided by you to the Services for a loan payment to be made to the Bank (such as, but not limited to, loan account number, and scheduled payment date).

Pre-Authorized ACH Transactions begin processing five (5) Business Days prior to your Deliver-by Date. Therefore, dependent upon the payment transaction type, the application will select an earliest Scheduled Payment Date up to five (5) Business Days from the current date. When scheduling payments you must select a Deliver by Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Deliver by Date that is at least one (1) Business Day before the actual Due Date. Deliver by Dates should be prior to any late date or grace period.

Payment Authorization and Payment Remittance

By providing the Services with names and account information of any accounts from which you wish to make payments, you authorize us to follow the payment and withdrawal instructions you submit through using the Services. In order to process payments more efficiently and effectively, we (or the Services) may edit or alter payment data or data formats in accordance with necessary directives from you.

When the Services receive a Payment Instruction, you authorize the Services to debit the account from which you are making payment and remit funds on your behalf so that the funds arrive as close as reasonably possible to the scheduled payment date designated by you in your Payment Instructions.

Payment Cancellation Requests

You may cancel or edit any scheduled payment (including recurring payments) by following the directions within the Services. There is no charge for canceling or editing a scheduled payment. Once the Services have begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted to your institution from which payment is being issued to us.

Stop Payment Requests

The Services' ability to process a stop payment request will depend on the payment method and the status of the payment. The Services may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to retract any payment that has already been processed, you must contact Customer Service. Although the Services will attempt to accommodate your request, we will have no liability for failing to do so.

Prohibited Payments

Payments to from accounts outside of the United States or its territories are prohibited through the Services.

Billing Statements

Billing statements are not a functionality within the Services. You may access your billing statements electronically through the Berkshire Bank electronic banking website, or as received by you through regular mail services.

Loan Servicing Transfers

In the event your loan is sold by us with a corresponding servicing transfer, we will not unenroll you from this service. We will send you notice prior to the servicing transfer indicating the entity to which your next payment should be made.

Changes In Amounts Due for Installment Payments

In utilizing this service, you acknowledge your Truth in Lending Disclosure, credit agreement and/or note obligation may contain provisions relating to fluctuations in interest rate, escrowed items, force-placed insurance, or other variable costs which can affect the amount of your installment payment due. Changes in periodic installments due to changes regarding your loan(s) are governed by your contract terms, not these Terms and Conditions. Further, this Agreement does not alter your liability or obligations that currently exist between you and Payees relating to your account such as insurance providers or municipalities..

Service Fees

We reserve the right to charge additional fees at a later time and will notify you if we do so as required by law.

Failed or Returned Transactions

In using the Services, you are requesting the Services to make payments for you from your payment account. If we are unable to complete the transaction for any reason associated with your payment account (for example, there are insufficient funds in your payment account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Services such an insufficient funds fee. In such case, you agree that:

1. You will reimburse the Services for any fees imposed by your financial institution as a result of the return;
2. You will reimburse the Services for any fees it incurs in attempting to collect the amount of the return from you; and,
3. We are authorized to report the facts concerning the return to any credit reporting agency.

Address or Banking Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the Services or by contacting Customer Service.. All changes made are effective immediately for scheduled and future payments paid from the updated payment account information. You are solely responsible for any payment processing errors or fees incurred if you do not provide accurate payment account or contact information.

Termination or Suspension of Services by Us

Berkshire Bank reserves the right to terminate this Agreement and the Services at any time. If the Bank terminates this Agreement or the Services, we will use commercially reasonable efforts to notify you in advance by the method you designate as a permissible means for correspondence, but not less than US postal service. We reserve the right to terminate or suspend your access to the Services if we reasonably suspect unlawful or impermissible use of the Services. In the event of termination or suspension for any reason, we will have no liability to you or any other person.

Termination, Cancelation, or Suspension of Services by You

In the event you wish to stop using the Services temporarily or permanently, you may do so at any time, for any reason. Please note that it is your sole responsibility to use the Services to cancel any scheduled, pending, or recurring payments you have created in the Services. Charges may apply. You may also contact Customer Service at 800-773-5601.

Returned Payments

In using the Service, you understand that payments may be rejected or returned for various reasons such as, but not limited to; account number is not valid; unable to locate account or financial institution; account is paid in full or severely delinquent. The Service will use its best efforts to research and correct the returned payment. You may receive notification from the Service.

Information Authorization

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. You agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).

Disputes

In the event of a dispute relating to the Services, you and the 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 us regarding the Services. This Agreement supersedes any oral or written proposal, prior agreement, understanding, and any other communications between you and us relating to the subject matter of this Agreement or the Services. If there is a conflict between what an employee or representative of a Provider or the Bank, including the Bank's Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

Assignment

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

No Waiver

None of us shall be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of any of us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Warranty Disclaimer

EXCLUSIONS OF WARRANTIES THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Provider will use commercially reasonable efforts to ensure Your experience with the Service is a productive one. However, difficulties may result in loss of data, personalization settings or other Service interruptions as a result of technical or other difficulties which are not reasonably foreseeable. For this reason, You agree the Service is provided "AS IS", without warranties of any kind. Provider does not assume responsibility for timeliness, deletion, missed delivery, or failure to store any user data, communications or personalization settings.

Service Changes and Discontinuation

Provider reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that Provider will not be liable to You or any third party for any modification or discontinuance of the Service.

Privacy Policy

The information You provide enables Provider to provide the Service to You. It also enables Provider to give You updates about our Service. The complete terms of Providers' Privacy Policy are incorporated in these Terms and Conditions.

In consideration of Your use of the Service and for the benefit and security of our customers, Provider retains the right to terminate Your use and enrollment for any conduct that violates these usage conditions. You agree as follows:

• To provide true, accurate, current and complete information about You or Your business as requested during enrollment.
• Not to misrepresent Your identity or that of others.
• Maintain Your registration and account information as current and accurate.

Direct Payment ACH Authorization

You acknowledge that you have read and understand the following single entry authorization disclaimer which must be accepted and agreed to with each ACH payment submitted by You through the system:

Payment Method Storage Terms and Conditions

You acknowledge that you have read and understand the following payment method storage terms and conditions intended for recurring use. This is accepted and agreed as to each payment submitted by You through the e-payment system using the stored information:

Cancellation

You may cancel Your enrollment in the Service at any time. You can do so by notifying Berkshire Bank via electronic mail to retailloanservicing@berkshirebank.com, or by phone to (800) 773-5601. I understand that Berkshire Bank requires at least ten (10) business days prior notice in order to cancel this authorization.

Improper Use

You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, obscene, or that infringes the rights of others.

Guard Your Password

You will be asked to select a password when registering. You are responsible for maintaining the confidentiality of Your password and account. You are fully responsible for all activities that occur using Your password or account. Please notify Provider immediately of any unauthorized use of Your password or account or any other breach of security. Provider will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You may not use any password at any time other than Your own.

Proprietary Rights

You acknowledge and agree that Provider owns all rights relating to the Service, including the website and the content displayed on the website. You are only permitted to access this content only to utilize the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of Providers technology relating to the Services.

Advertising

You agree that Providers may display advertisements and promotions of all kinds in and with the Services.

Account Access

In order to ensure that Provider is able to provide Servicers, You agree that Providers' employees may have access to Your account and records as reasonably required to investigate complaints.

Third Party Accounts

By using the Service, You authorize Providers to access third party sites designated by You, on Your behalf, to retrieve information requested by You. You hereby appoint Providers as Your agent(s) for this limited purpose. You hereby permit Providers to use information submitted by You to the Service to accomplish the foregoing.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

PROVIDER MAKES NO WARRANTY THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS.
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
• ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

Limitation of Liability

YOU AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OT HER INTANGIBLE LOSSES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE SERVICE.
• THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE.
• ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification

You agree to indemnify and hold harmless Provider from any and all third party claims, liability, damages, expenses and costs, including, but not limited to, reasonable attorney's fees, caused by, or arising from, Your use of the Service, Your violation of the Terms and Conditions stated herein, or Your infringement, or infringement by any other user of Your account, or of any intellectual property of Provider.

Other

1. These Terms and Conditions cannot be modified, altered, amended or waived unless Provider agrees in writing, or You continue using the Service following receipt of notice of any changes proposed by Provider.
2. These Terms and Conditions are applicable to You and You may not assign them to anyone.
3. All notices to You shall be in writing and shall be made either via email or conventional mail, at Providers' discretion. Provider may broadcast notices or messages through the Service to inform You of changes to the Terms and Conditions, the Service, or other matters of importance. Such broadcasts shall constitute notice to You.
4. All notices to Providers must be made in writing to the address provided within the Service for contact, or PO Box 1308, Pittsfield, MA, 01202.
5. If any provision of these Terms and Conditions is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
6. These Terms and Conditions are the entire understanding between You and Provider on the Service.

Governing Law

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions.

Customer Service

For questions concerning the Services, you may contact Berkshire Bank's call center toll-free at 1-800-773-5601 or retailloanservicing@berkshirebank.com.