Personal e-Pay Addendum

Personal e-Pay Addendum
(including e-Bill)
(Version: HB 02.11.12)

This e-Pay Addendum (the "Addendum"), in conjunction with the e-Banking Services Agreement, Electronic Consent and related Instructions, if any, contains the terms and conditions governing your use of the e-Pay Services (collectively, including e-Bills, the "Services" or individually "e-Pay" or "e-Bills," as appropriate) and related disclosures required by federal law. Please read this Addendum in conjunction with the Services Agreement carefully and keep a copy for your records. By enrolling in the Services, you acknowledge and agree that you have received a copy of this Addendum, read it in conjunction with the Agreement and agree to its terms and conditions.

General Description of e-Pay Services (including e-Bill). Using e-Pay, you may make one-time or recurring payments online to certain Payees. Using the e-Bills feature, you can arrange with us to receive certain bills electronically from participating Payees and pay these bills using e-Pay.
Definitions. Terms used in this Addendum shall have the meanings assigned to them in the e-Pay Online Glossary or as generally used in the e-Pay Online Help ("How Do I") or in the FAQs. Certain capitalized terms shall have the meanings assigned to them in the Agreement, unless otherwise defined in this Addendum. The definitions and meanings in the e-Pay Online Glossary, Help and FAQs shall control over any conflicting provisions of the Agreement or this Addendum, and the definitions and meanings in this Addendum shall control over any conflicting provisions of the Agreement or any Related Agreement.
1. "e-Pay Instructions" refers to the Services web-pages, including the "Help" pages, the "How Do I," "Glossary," and "FAQ" features.
2. "Cutoff Time" for e-Pay refers to 3:00 p.m. Central Standard Time on any Business Day and is the time by which you must make or authorize a payment for it to be considered entered on that particular Business Day.
3. "EFT" refers to an Electronic Fund Transfer payment made via the Automated Clearing House (ACH) and governed by the Operating Rules issued by the NACHA - The Electronic Payment Association and Article 4A of the Uniform Commercial Code, as enacted in various jurisdictions. An EFT from a consumer Funding Account is also subject to the Electronic Funds Transfer Act and Regulation E issued by the Federal Reserve Board.
4. “Due By” date refers to the earliest date upon which you can schedule the delivery of an e-Payment to your Payee. A Due By date must fall on a Business Day. If you schedule a recurring e-Payment and the specified “Due By” date for a particular month falls on a non-Business Day, we will process the e-Payment for delivery on the Business Day immediately preceding the Due By date.

e-Pay Services.

Payments - Generally. You can arrange, at your option, for one-time (manual) or recurring (automatic) payments from an eligible checking or money market account (referred to herein as a "Funding Account"). A Funding Account must also be an "Eligible Account" under the e-Banking Services. We send standard or regular payments to your Payees either by EFT or by paper checks (an “e-Payment”). Paper checks are sent to those Payees unable to receive EFTs.
Payment Limits. You can make individual payments up to a limit of $10,000, subject to an aggregate daily payment limit of $20,000.
Expedited Payments. If a standard or regular payment will not be delivered quickly enough, e-Pay offers an expedited payment feature that may provide a faster means of payment. Expedited Payments are only available for certain Payees and are sent via either an ACH payment or overnight check. Expedited Payments is offered for an additional fee or charge as set forth in the Personal e-Services Fee Schedule.
Sufficient Available Funds. By enrolling and thereafter using our e-Pay Services, you have requested that we allow you to schedule and that we initiate an e-Payment without first verifying that you have sufficient available funds on deposit in the Funding Account and debiting those funds from your account prior to delivering the e-Payment to your Payee. Accordingly, you must ensure that your Funding Account has sufficient available funds to cover all e-Payments presented for payment against your Funding Account.

“Sufficient available funds” includes the amount of additional funds available to you under any overdraft protection plan in which you have enrolled. Each presentment (including any re-presentment) of an e-Payment against insufficient funds in your Funding Account will result in either an overdraft or NSF fee. While an e-Payment remains unpaid, your e-Pay Services may be blocked or otherwise disabled.
Posting of Payments To (Debiting From) Your Funding Account. The exact date on which an e-Payment will post to your Funding Account will vary according to the type of payment – a paper check or an EFT. Paper checks drawn as an e-Payments on your Funding Account are not posted to (i.e. debited from) your Funding Account until we receive the e-Payment Check and process it as we would any other paper check drawn on the Funding Account. An e-Payment sent by EFT will generally post via an ACH debit to your Funding Account on the Due By date.
Insufficient Available Funds – In General. If you do not have sufficient available funds to cover an e-Payment presented for payment against your Funding Account, we may, in our discretion and without prior notice to you, (i) honor the e-Payment and charge the Funding Account an overdraft charge or (ii) dishonor the e-Payment and charge the Funding Account a NSF fee. The foregoing notwithstanding, if you have an overdraft opt-out election in effect under the terms of our Deposit Agreement, we will honor that election and therefore decline to pay an e-Payment presented against insufficient funds in your Funding Account and charge you a NSF fee.
Insufficient Funds – e-Payment EFTs. When our third-party e-Pay Services Provider (the “e-Pay Service Provider”) initiates an e-Payment via EFT on your behalf, your Payee receives payment via ACH credit on same date as the EFT is presented for payment against your Funding Account via an ACH debit. If you do not have sufficient available funds available in the Funding Account and we dishonor the ACH debit, in essence, the e-Pay Service Provider has made a payment on your behalf and you owe the amount of such payment to this provider. You understand and agree that such circumstances resulting in such an obligation owed to the e-Pay Service Provider is not and shall not be deemed an overdraft.
1. To enable the e-Pay Service Provider to collect this obligation, you hereby authorize the e-Pay Service Provider to represent the declined e-Payment EFT to us via an ACH debit up to two more times. A declined e-Payment EFT will be represented within a few business days after the e-Pay Service Provider receives notice that the ACH debit of your account was not honored. Each time you do not have sufficient funds on deposit in the Funding Account and we dishonor an ACH debit, we may charge you a NSF Fee. Therefore, if you do not have sufficient funds on deposit in your Funding Account when the e-Payment EFT is initially presented for payment via an ACH debit and thereafter when it is re-presented, we may charge you a NSF fee in each instance, which could result in you paying up to three NSF fees on the one e-Payment EFT made on your behalf.
2. If the e-Pay Service Provider cannot collect this obligation through re-presentment via ACH debits, the provider may take other actions to collect this obligation, including contacting you by letter, telephone or email. Failure to pay this obligation may also result in the e-Pay Service Provider reporting the circumstances and e-Payment obligation to one or more credit reporting agencies and/or referring the obligation to a third-party debt collector. You hereby authorize us to verify information about your Funding Account, including the availability of funds to cover the e-Payment obligation owed, to either the e-Pay Service Provider or its third- party debt collector.
3. For an e-Payment obligation remaining unpaid for more than sixty days, the e-Pay Service Provider may charge you a one-time late fee equal to the lesser of (a) 1.5% of the amount owed or (b) the maximum amount allowed by relevant law. The e-Pay Service Provider may also charge you for the reasonable costs of collection. Furthermore, until the e-Payment EFT obligation is paid, the e-Pay Service Provider may block your e-Pay Services and no e-Payments, including recurring or otherwise previously scheduled, will be made. After such obligation is paid and if your e-Pay Services are not terminated, your e-Pay Services will be restored within 48 hours. Please note that reactivation of your e-Pay Services will not be retroactive; that is, you must reschedule any e-Payments which were scheduled during the period in which your e-Pay Services were disabled and which were blocked or otherwise not completed.
Permissible Payments and Payees. You may generally make payments to anyone in the United States approved by us for payment through e-Pay.
1. However, certain payments are discouraged and must be made solely at your own risk. Discouraged payments include: (i) tax payments to the Internal Revenue Service or any state or other governmental agency; (ii) court-ordered payments such as alimony or child support; and (iii) payments to insurance companies.
2. There is a limit of 999 Payees. We reserve the right to refuse to pay any merchant or other person to whom you may direct a payment. We are obligated to notify you promptly if we decide to refuse to pay a Payee. This notification is not required if you attempt one or more of the prohibited payments set forth above.
Cancel or Edit a Payment Instruction. A payment scheduled will remain in "Scheduled" status until the Cut-Off Time of the “Due By” date. While the status of a payment within your Payment Outbox is "Scheduled" and not "In Process," you may use the e-Pay Services to cancel or edit the scheduled payment. Please refer and follow the e-Pay Instructions to do so. You are not charged a fee to cancel or edit a scheduled payment online. You may not edit or cancel a payment online when the status is either "In Process" or "Completed."

Stop Payment. You cannot use e-Pay's online edit or cancel feature if the payment was made by paper check. Rather, you may request that we place a stop payment on that check by contacting our Banking Specialist at 1-800-448-8812 and select the option for e-Banking and e-Pay assistance or:

Write us:	Hancock Bank Attn: Call Center e-Banking Post Office Box 4019 Gulfport, MS 39502
E-mail us:	service@hancockbank.com

Do not call or visit your local branch for such requests. Stop payment requests sent to us via electronic mail or in any other manner will likely not reach us in time for us to act on your request. We may also require you to present your request in writing within fourteen (14) days after you call. There may be a fee assessed for each stop payment request.
We cannot guarantee a stop payment and will have no liability for failing to do so. Such checks may be presented for payment before we have a reasonable opportunity to give effect to your stop payment request.

Authorization. By enrolling in the e-Pay Services, you authorize us to accept your payment instructions to initiate debits to your Funding Account and remit funds on your behalf to your Payees. In the event that erroneous payments are made, you authorize us to initiate debit or credit entries to your Funding Account to correct such erroneous payments, provided that any such corrections are made in accordance with applicable laws, rules, or regulations.

Fees and Other Charges.
1. Service Fees. Please refer to the Personal e-Services Fee Schedule for any fees or other changes that may be applicable.
2. Other Account or Item Related Fees or Charges. While the e-Banking Services Agreement governs your use of the e-Banking Services, generally, and along with this Addendum, the e-Pay Services, in particular, the Related Agreements continue to apply to your Eligible Accounts and thereby to your Funding Accounts. Thus, fees and charges applicable to your Funding Accounts may also apply to transactions using e-Pay such as an Overdraft/Nonsufficient Funds Charge if you schedule a payment against insufficient funds in a Funding Account. Please refer to the Deposit Account Information (Truth in Savings) and Deposit Agreement for account restrictions, fees and other pertinent information regarding a Funding Account in addition to any other applicable Related Agreements.
3. Also, you are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider.
e-Bills. This feature of e-Pay enables you to receive bills electronically from participating Payees and pay them using e-Pay. We will provide e-Bills either that we receive from participating Payees and redirect to you or those we retrieve from a Payee's website and present to you electronically.
1. In certain instances, our e-Pay Service Provider may have an existing business relationship with one or more of your Payees whereby they agree to provide us with electronic copies of your bills. If so, we will arrange to receive an electronic copy and redirect it to your e-Bill inbox. In other instances, we may be able to obtain the e-Bill from the Payee's web-site on your behalf and direct it to your e-Bill inbox. To do so, you must provide us with the information needed for this purpose such as any required user identification and password. When you provide us this information, you authorize and appoint us as your agent to access the Payee's web-site to retrieve the account information on your behalf.
2. We are not responsible if a Payee does not provide us with the necessary date to forward an e-Bill to you in a timely manner. If you do not receive an e-Bill, it is your responsibility to contact the Payee directly. We are not responsible for any late charges or other consequences for any non-payment or late payment if an e-Bill is not provided to you timely.
Liability for e-Pay Errors. As used herein, "e-Pay Errors" refer to our errors in processing payment requests or payment cancellation or edit requests that you properly issue according to the e-Pay Instructions. The extent of our liability for e-Pay Errors and limitations to such liability are set forth in the Services Agreement, generally, which include, but are not limited to, those sections and sub-sections titled Your Liability For Unauthorized Transfers, Our Liability For Failure To Complete Transactions, and Other Limitations To Our Liability, including the sub-sections titled Authorized Payments or Transfers, Access To e-Banking Services, and General Limitation of Liability.
Services. We may use non-affiliated third parties acting on our behalf to provide the e-Pay Services (an “e-Pay Service Provider”). Such third-party processors are required to adhere to our strict standards of security and privacy protection. Paper checks processed by non-affiliated third parties may show that they were drawn on the third-party processor rather than on us.

Additional Termination Provisions. If you do not schedule or process a payment through e-Pay for any 3 month period, we may, at our sole discretion, terminate your use of e-Pay without prior notice. You agree that you will only use e-Pay to pay your individual bills and invoices, and not for any other purpose. Using e-Pay for other, unauthorized purposes may result in termination of your access to e-Pay Services and perhaps even your e-Banking Services, generally, in our sole discretion. You must have at least one designated Funding Account to use e-Pay, and, if such an account is closed without opening and designating another as a Funding Account, we may terminate e-Pay without further notice. If we terminate your e-Pay Services, your online bill payment information may be lost, and all pending scheduled or un-scheduled payments will be cancelled, and making other suitable arrangements for such payments to your Payees is your sole responsibility. If you decide to terminate e-Pay, we strongly suggest that you cancel all scheduled payments at the same time that you cancel e-Pay, either by deleting those payments yourself using e-Pay or by calling our Banking Specialist at 1-800-448-8812 and select the option for e-Banking and e-Pay assistance or:

Write us:	Hancock Bank Attn: Call Center e-Banking Post Office Box 4019 Gulfport, MS 39502, or
E-mail us:	service@hancockbank.com

This will ensure that future payments made by you will not be duplicated. We will automatically delete all pending payments once we have been notified that you have terminated e-Pay. Termination of e-Pay will not automatically close your Funding Account(s) or any other Eligible Accounts.

Representations. By enrolling in the e-Pay Services, you acknowledge that you have received and read this e-Pay Service Addendum and agree to its terms and conditions. You also acknowledge that the Service Enrollment Form has been accepted by one or more of the persons who signed the Account agreement for the enrolled Account.
Information Authorization. By accepting and using the e-Pay Service, you agree that we have the right to request a review of your credit rating at our expense through an authorized bureau. In addition, you authorize us to obtain information regarding your bill payment transactions from a merchant or other Payee to resolve payment-pending problems.