Digital Banking Agreement

I. General Terms and Conditions
This Agreement, between you (“you” and “your” refers to the Newtown Savings Bank customer) who has enrolled in our online or mobile banking service as referred in this document as “Digital Banking” and Newtown Savings Bank (referred to as “the Bank”, “we”, “us”, and “our”) governs the use of our Digital Banking service. Digital Banking permits Newtown Savings Bank customers to perform a number of banking functions on accounts linked to Digital Banking through the use of a personal computer or mobile device. Unless otherwise indicated, “linked accounts” or accounts linked to Digital Banking refers to all of your Newtown Savings Bank accounts that you may access via online or mobile banking.

Please read this Agreement carefully. Unless indicated otherwise, the terms of this Agreement apply to all customers who enroll and use Digital Banking and their accounts. You may access the current version of this Agreement at any time via Digital Banking.

A. Accepting this Agreement
By enrolling in or using Digital Banking, you acknowledge that you have read and understand the information within this Agreement and agree to be bound by its terms and conditions. We may from time to time and at our sole discretion change the terms and conditions of this Agreement, may introduce new features, and/or make modifications to Digital Banking that may result in suspending or terminating existing Digital Banking features. We will notify you of any of these changes if we are legally required to do so. Your use of Digital Banking after the effective date of any change will constitute your acceptance of and agreement to the change.
You agree that we may send any information, disclosures and/or notices relating to Digital Banking to you in electronic form. Subject to the requirements of applicable law, your agreement to receive communications electronically applies, without limitation, to any and all disclosures and information that we are required by applicable law to provide in writing. You agree that we may electronically post communications or make other information available within Digital Banking or on our website.

B. Relation to Other Agreements, Schedules and Disclosures
Your use of Digital Banking is governed by this Agreement as well as the agreements you already have with us for any account linked to Digital Banking, including but not limited to our Deposit Account Agreements (Consumer and/or Business), Loan Agreements, Funds Availability Policy Disclosure, Schedule of Charges (Consumer and/or Business) and the Electronic Funds Transfer Disclosure and Agreement. You should review these agreements for any applicable fees, availability of deposits, limitations on the number of transactions allowed, and other restrictions that may impact your use of Digital Banking. In the event of a dispute arising under or relating in any way to this Agreement or to the use of services provided under this Agreement, you and the Bank agree to resolve this dispute by looking first to the terms of this Agreement.

We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your Internet or mobile communications service provider agreement, or (ii) any device, software or any other product or service you may purchase from others. This Agreement does not amend or supersede any agreements that you have with third parties (such as your mobile device supplier, your mobile communications service provider or your internet access service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements. Your device supplier and your mobile communications service provider are responsible for their products and services. You agree that any problems you may have concerning those companies' products, services or agreements shall be resolved by you directly with them, and without involving the Bank.

C. Digital Partners
Newtown Savings Bank partners with third party service providers (“Digital Partners”) to offer additional/optional services to you through Digital Banking. If you choose to enroll or use services provided by one of our Digital Partners, you may be required to accept a service specific end-user agreement with the entity providing the service. Your use of services obtained or accessed via Digital Banking is at your own discretion and risk. Newtown Savings Bank makes no expressed or implied warranties, representations, or endorsements whatsoever with respect to Digital Banking. You are subject to the terms and conditions, fees, other expenses, limitations, and restrictions in agreement(s) that you elect to enter into with one of our Digital Partners.

D. Definitions
“Alerts” are opt-in notifications that you, as a customer, can establish to notify you of certain transactions, events or account balance updates. Specific security related alerts are turned on by us and cannot be disabled.

“Authentication Credential(s)” means the username and password, passcode, biometrics or other approved security and validation controls used to access your accounts and/or perform certain transactions through Digital Banking.

“Biller” is a company or merchant that has agreed to send electronic bills (eBills) to customers via Digital Banking.

“Bill Payment” is a payment initiated through Digital Banking to an individual, company or merchant.

“Business Day” means weekdays, excluding Saturdays, Sundays and Federal holidays.

“Funds Transfer” means internal transfers between your eligible Newtown Savings Bank accounts or external transfers from/to a Newtown Savings Bank account from/to another financial institution account.

“Payee(s)” means anyone, including Newtown Savings Bank, that you designate to pay and that we accept as a payee through our Bill Pay service.
“Payment Account” is the Newtown Savings Banking account from which a Bill Payment will be debited. You will need to designate an account at the time you schedule a payment.
“Mobile App” means our App that can be downloaded to compatible mobile devices and used to access Digital Banking.
“Mobile Deposit” means check deposits made by you to your linked checking, savings or money market deposit account(s) using our Mobile App.
“Mobile Device” means any mobile device (smartphone, tablet or any other handheld or wearable communication device) that satisfies the hardware and software requirements we specify.
“Scheduled Payment” is a payment that has been scheduled through Digital Banking but has not yet been processed.
“Secure Access Code” is an additional security measure used to verify your identity when logging into your account from a new device. Using your information on file, you will choose how to receive the unique one-time passcode (OTP). You must then enter the OTP back into the application before getting access. Voice-based 2FA automatically dials a user and verbally delivers the 2FA code.
"Security Procedure” means any process or procedure established between you and us for the purpose of verifying that communications, orders, instructions, or inquiries regarding Digital Banking and linked accounts are yours, and/or for the purpose of authenticating you or your authorized users in connection with your use of Digital Banking, and/or for the purpose of authorizing transactions and other activity through the use of Digital Banking.

E. Fees
We do not charge a fee for the use of Digital Banking at this time. However, some services offered through Digital Banking, such as stop payment requests, may incur service fees. Please refer to our current Schedule of Charges for any fees that may apply. Through this Agreement, you authorize us to deduct any applicable fees from your designated account. We reserve the right from time to time to add or modify fees and will notify you if legally required to do so.
You will be responsible for paying any telephone company, utility charges and/or Internet access fees incurred while using telephone lines and/or Internet access services to connect with Digital Banking. To use the mobile app, you are responsible for obtaining your own mobile communications service provider. Your mobile communications service provider may charge you for Internet-related use and for text (SMS) messages; see your mobile carrier for further details about its charges. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using our mobile app.

F. Limitations of Digital Banking
We have the right to revoke, refuse access to, or terminate Digital Banking service at any time, without cause or notice. If we do, you understand that any scheduled transactions will not be made. We reserve the right to perform maintenance on our equipment or system on a regular basis that may result in interrupted service or denials of access. We will attempt to provide prior notice before such interruptions or denials of access but cannot guarantee such notice. We may suspend or cancel your use of Digital Banking without notice to you if we suspect your username or password is being used in an unauthorized or fraudulent manner.

II. Getting Started
A. Equipment & Software
To use Digital Banking, you must have a valid, active email address and an Internet enabled mobile device running iOS 14.x or later or, Android 8.x or later or a personal computer that:

• has Microsoft Windows 10 or later or Mac OS X 10.10 or later.
• applies available browser updates for improved security that provide anti-virus and spyware protection.
• Has an Internet connection with a minimum of 1 Mbps download speed.
• supports one of the following browsers (current and previous two major versions) Microsoft Edge, Google Chrome, Apple Safari, or Mozilla Firefox. Browser support is subject to change without notice, so we encourage users to configure browsers for automatic updates.
• has a browser SSL version TLS 1.2 or higher.
• has Cookies enabled.

To use the Mobile App, you must download and install the Newtown Savings Bank Mobile Banking App developed by us, our licensor(s) and our Digital Partners. In order to be able to access, view or print electronic account statements and other account related documents that are available to you through Digital Banking, you must have the latest version of Adobe Reader. (If you do not have this software, it can be downloaded at no cost at https://get.adobe.com/reader/ )

Your device may become subject to unauthorized tracking, "hacking" or other manipulation by spyware, viruses or other malicious code ("malware"). We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware and software is at your own risk. We are not responsible for any computer virus, worm, Trojan horse or other similar harmful component that may enter your device in connection with the use of Digital Banking. Any data breach, fraud, or hacking created through such viruses, worms, etc. is your own responsibility.

We may change the hardware and software requirements for Digital Banking at any time. If you choose not to obtain the new hardware or software, your use of Digital Banking may be terminated. Our Digital Banking solution does not support beta versions of any software.
You are responsible for removing any device that you may no longer wish to have access to Digital Banking.

B. Enrollment
Prior to using Digital Banking for the first time, you must enroll by visiting nsbonline.com from your personal computer, selecting “Login”, then “Enroll” for individuals or “Business Enroll” for businesses. Alternatively, you can download the Newtown Savings Bank App from your mobile device’s app store, open the app and select “Enroll” or “Business Enroll”. To complete the enrollment process, follow the on-screen instructions. If you need assistance with the enrollment process, contact our Customer Service Center at 800.461.0672 or visit your local branch.

C. Security
As a security method, by which we are helping you maintain the security of your account(s) linked to Digital Banking, we may access detailed information about the computer(s) and device(s) you use in relation to Digital Banking. This may include telephone numbers, unique device details and network identifiers.

To access Digital Banking, you will be required to establish Authentication Credentials which are unique to you and intended for your sole use. Your Authentication Credentials act as your signature as the owner and sole user of the credentials. For accounts held by multiple owners (i.e., a joint account), each individual must enroll separately in Digital Banking and each must establish Authentication Credentials that are unique to them.

You agree to keep your Authentication Credentials secure and strictly confidential. You agree to immediately notify us if you believe your credentials are known, in whole or in part, or may be used by an unauthorized person. We will have no liability whatsoever for any unauthorized payment or transfer made using your credentials that occur before you have notified us of possible unauthorized access and we have had a reasonable opportunity to act on that notice.

You will be denied the use of Digital Banking if you do not enter the correct Authentication Credentials. Your access to Digital Banking will be suspended if you exceed the allowed number of failed login attempts. Contact our Customer Service Center at 800.461.0672 or visit a branch for help resetting your Authentication Credentials.

Protecting Your Security
You agree to adopt and implement all reasonable security measures to protect your accounts and information including, but not limited to, by observing the following guidelines:
• Do not share your Authentication Credentials with anyone and do not store them in a conspicuous place.
• Do not share Secure Access Codes. We will never ask you for your online/mobile banking codes.
• Do not use the same username and password to log in to multiple websites, services and/or applications.
• Your password should be complex and is required to be between 8 – 30 characters long and meet all the requirements displayed within Digital Banking.
• Review and reconcile your account activity on a regular and timely basis.
• Ensure that your computer and/or mobile device is upgraded to the latest operating system and has the latest security patches.
• Do not walk away from your computer or device while logged in to Digital Banking or leave your device unattended when accessing Digital Banking.
• If you are using a public computer, do not use the Register Device feature and be sure to log out of Digital Banking.
• Use security software (e.g., anti-virus and/or anti-malware) on all your devices.
• Where applicable, regularly review the cache’s “cookies” stored on your device (See your browser “Help" area for information on how to clear your cache).
• We may provide links to other Internet websites. If you are leaving our site, we generally inform you. Read the other site's terms of use, privacy policy and other agreements before proceeding.

D. Lost or Stolen Computer, Mobile Device, Credentials; Unauthorized Transactions
If you believe your computer, mobile device or Authentication Credentials have been lost, stolen, or compromised or that someone has initiated transactions on your accounts without your authorization, contact us immediately at 800.461.0672 or via a secure message using “ Messages” within Digital Banking.

You agree to regularly review your transaction history and to notify us immediately of any errors or suspected unauthorized transactions or activity. For additional information regarding your rights and responsibilities relating to unauthorized transactions, please refer to our Electronic Funds Transfer Disclosure and Agreement, the applicable agreement(s) governing the affected account(s), and the Consumer Liability portion of the Rights and Error Resolutions Procedures for Consumer Accounts below

E. Proprietary Look & Feel
Digital Banking gives you access to features and information that are presented with a distinctive "look and feel" which are proprietary and the property of the Bank or its licensor(s). You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or software, (ii) copy, reproduce, or sell all or any part of the technology or software, or (iii) interfere, or attempt to interfere with the technology or software.

III. Digital Banking Services
A. Balance Inquiries
You may use Digital Banking to check the balance of your linked accounts.

Available Balance is the current amount you have available to spend or withdraw from your account. Your available balance includes pending transactions and may change throughout the day, for instance, it may be reduced by ATM withdrawals and authorized debit card transactions or increased by credits transactions (e.g., electronic or cash deposits) that have been made available in your account.

Current balance is the amount of money that is in your account whether or not the money is available for withdrawal or use by you. Your current balance includes all debit transactions that have posted to your account as well as the full amount of deposits you have made even if some portion of the deposited funds are not yet available to you.

Neither your Available Balance nor your Current Balance will reflect your Overdraft Privilege limit, the funds in your linked draw accounts for Overdraft Protection or Overdraft or Cash Reserve Line of Credit amount if you have these services.

B. Funds Transfers (Internal / External)
You may set up a one-time or recurring Funds Transfers. It is your responsibility to schedule each Funds Transfer far enough in advance to ensure that we have sufficient time to receive and process your transfer request by the time you require the movement of the funds and the posting of the transaction. Account statements will not reflect the Funds Transfer until it has been officially posted to your account. Future dated or recurring transfers may be cancelled or changed at any time prior to the processing date. You agree that transfer requests initiated by you via Digital Banking provide us authorization to complete the Funds Transfer.

Internal Transfers
You may use Digital Banking to transfer funds between your eligible Newtown Savings Bank accounts. Unless our website or other agreements with you say otherwise, when you perform an immediate transfer, the Available Balance of the to/from accounts will generally be updated immediately. Once submitted, immediate transfers for the same day may not be canceled. Transfers that are initiated after the processing cut-off time or on a day that is not a Business Day generally will be posted on the next Business Day. For specifics regarding our processing cut-off times; see the section entitled Processing Cut-Off Times below.

Transfers to/from Accounts at Other Banks
You may use Digital Banking to transfer funds to/from your linked Newtown Savings Bank accounts to your accounts at another financial institution(s) (“External Transfers”). We reserve the right, in our sole discretion, to limit or revoke your access to External Transfers.

You must enroll each of your accounts at the other financial institution(s) that you wish to use for this feature. You agree that you will only enroll accounts for which you have the authority to transfer funds. All accounts requested to be used as part of the external transfer service must be verified in accordance with our requirements prior to initiating an external transfer to the account; instructions are provided on-screen during enrollment. You have fourteen (14) days after enrolling an account to complete the verification process. Otherwise, account enrollment will be canceled and must be started again.

You authorize us to use the Automated Clearing House (ACH) Network to execute your Funds Transfer instructions. You are bound by the rules and regulations that govern the Automated Clearing House (ACH) system.

Funds transferred to your account at another financial institution are debited from your Newtown Savings Bank account up to one (1) Business Day prior to the scheduled transfer date and are typically sent to the recipient account in one (1) to three (3) Business Days. We do not guarantee when transferred funds will be made available in your account at another financial institution. Further, we do not guarantee nor are liable whatsoever for the availability of the ACH Network.
Funds transferred from your account at another financial institution are typically made available in your Newtown Savings Bank account within one (1) to three (3) Business Days from the scheduled transfer date. We are not liable whatsoever for errors or processing delays incurred by the other financial institution, or for the availability of the ACH network.

Transfer Scheduling
You may schedule a transfer to be processed on the same day if submitted prior to processing cut-off time; refer to the Processing Cut-Off Times section of this agreement for more information. You may also schedule future dated transfers to be processed on any future Business Day. If the transfer date falls on a non-Business Day, external transfer requests will be processed on the Business Day prior to the scheduled transfer date and internal transfers will be processed on the next Business Day following the scheduled transfer date.

Availability of Funds for Transfers
You agree to have sufficient funds available in your account at the time you schedule a transfer from your Newtown Savings Bank account to occur. If you do not have sufficient funds in your account on the date the transfer is scheduled, we will not complete your transfer request. However, if there are sufficient funds available in a Line of Credit or Overdraft Privilege service, the transfer will be processed, and you may incur a fee as outlined in our current Schedule of Charges (Consumer or Business as applicable) which will be automatically assessed to your account.

Transfer Limits
We reserve the right to limit the frequency and dollar amount of transfer transactions from/to your linked accounts. To find out more about transfer limits, please contact us.

C. Bill Payments
We work with a Digital Partner to execute your Bill Payment instructions either by transferring funds electronically from your account to the Payee, or by mailing or otherwise delivering a check drawn on your account and payable to the Payee to the Payee address you have provided.

You may use Digital Banking to make one-time or recurring payments to companies or individuals. If more than one payment is scheduled for the same day, we will in our sole discretion determine the order in which these payments are processed.

Payee Set-Up
You may use Digital Banking to send payments to almost any Payee located within the United States (e.g., Pay a Bill or Pay a Person); payments to individuals or companies outside of the United States or its territories are prohibited. We reserve the right, in our sole discretion, to determine at any time into which category a Payee falls and the method by which to remit funds on your behalf to a Payee. We reserve the right to refuse to pay any Payee designated by you. If we do so, we will notify you promptly. In no event shall we be liable if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your authorized Payee list.

One-Time Payments
A single payment will be processed on the Business Day that you designate as the payment processing date, provided the payment is submitted prior to the daily processing cut-off time; refer to the section entitled Processing Cut-Off Times below. If you designate a non-business date as the payment processing date, the payment will be processed on the first Business Day following the designated process date.

Recurring Payments
When a recurring payment is processed, it is automatically scheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is not a Business Day, it is adjusted based on the following rules dependent on which option you selected when you initiated the recurring payment:

• Recurring payments - Pay Before - the processing date for the new payment occurrence is adjusted to the first Business Day prior to the calculated processing date.
• Recurring payments - Pay After - the processing date for the new payment occurrence is adjusted to the first Business Day after the calculated processing date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month, then the last calendar day of that month is used as the calculated processing date.

Payment Scheduling
You may submit Bill Payments 24 hours a day, 7 days a week, however payments will be processed only on Business Days. You may schedule a payment to be processed on the same day if the payment information is submitted prior to the processing cut-off time; refer to the Processing Cut-Off Times section of this Agreement for more information. You may also schedule a future dated payment to be processed on any future Business Day or schedule payments to be automatically processed in a fixed amount on a weekly, bi-weekly, monthly, bi-monthly, quarterly, semi-annual or annual basis.

Availability of Funds for Bill Payments
You agree to have sufficient funds available in your account at the time you schedule a Bill Payment to occur. The Bank reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the account and we have not exercised our right to reverse or reject a Bill Payment, you are responsible for the amount of the payment and any applicable overdraft fees as defined in our current Schedule of Charges (Consumer or Business as applicable). You further agree that the Bank, at its option, may charge any of your accounts with us to cover such payment obligations.

Payment Methods
• Electronic Bill Payment

Payments may be sent to the Payee via an electronic transmission. Your account is debited on the date the payment is scheduled to be sent, which will be earlier than the date the payment is received by the Payee.

If the available balance in your account is insufficient to make a payment you have authorized, you will be notified that the payment could not be processed. We will continue to attempt to make the payment until the available balance is sufficient or until the 5th Business Day. If sufficient funds are not available by the 5th Business Day, the payment will be cancelled.

• Check Payments
Payments may be sent to Payees via check and delivered by U.S. Mail if the Payee does not accept electronic payments. If you schedule a check payment, your account is debited on the day the item is presented for payment.

Deleting or Modifying Payments
You may delete or edit a scheduled Bill Payment prior to processing. If you have requested a future or recurring payment, but the payment date has not yet arrived, you can cancel or edit the payment. You will be responsible for the payment if the cancellation or edit is not completed before the processing cut-off time the day the payment is scheduled to be made or you fail to stop the payment; refer to the section entitled Processing Cut-Off Times.

Payment Timing
You are responsible for initiating your Bill Payments in such a manner that your payments are made on time. You are responsible and liable for any late payment and/or finance charges that may be imposed as a result of your failure to initiate on time payments. Our ability to deliver your payment in a timely manner is dependent upon the specific Payee’s requirements and accounts receivable processing times. We suggest the transaction processing date for each payment be scheduled at least three (3) Business Days prior to the date your payment is due. For payments processed as checks, you should also consider the additional time required for mailing via U.S. mail.
As you schedule payments, you should take into account delays that arise in processing and/or mailing paper checks. The Bill Pay service provides “Deliver By” or “Arrives By” dates. These dates are estimates only, and delivery of the scheduled payment is not guaranteed by the dates provided. Payees may have additional delays in processing a payment. Therefore, to avoid incurring any late fees or other charge imposed by the Payee, you should schedule a payment sufficiently in advance of the payment due date.

Expedited (Rush) Payment
You may send a check by Federal Express to avoid late fees, penalties or interruption of service or to have delivery confirmation of payment. The payment amount and the associated Expedited (Rush) Payment fee for next Business Day or second Business Day payment delivery will be deducted from your account during processing. The Payee address must be a deliverable Federal Express address in order to process successfully. An Expedited Payment with incomplete or inaccurate information will be rejected and not processed.

Funds must be available in your account at the time the Expedited Payment is processed. If sufficient funds are not available for the payment and the Expedited Delivery charge, the payment will not be processed.

Expedited payments submitted by you on a non-business day or after the processing cut-off time will be processed the following Business Day for next Business Day delivery. We are not liable for any service fee and/or late charges levied by the Payee relative to any Expedited Payment processed. The associated expedited payment fee is disclosed when you select the applicable rush payment type. After submitting an expedited payment, you cannot modify or cancel the payment.

Pay a Person
“Pay a Person” is a one-time payment feature that allows you to send and receive money online in a fast and safe manner. When you select Pay a Person, you understand and agree that we may use a variety of banking channels and facilities to make payments but will primarily use the Automated Clearing House (ACH) Network for these transactions. When you initiate a payment from your linked account using Pay a Person, payment processing begins and the debit from your account may occur immediately. We are not responsible nor liable whatsoever for the availability of the ACH Network, or for any late charges, finance charges or other penalties that a business may levy when this payment feature is used to settle a customer’s obligation. The customer is responsible for making accurate and timely payments.

Payments to another individual may not be completed for various reasons. In no event will we be liable if a payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee. You agree that we or the recipient financial institution have no responsibility to investigate discrepancies between names, email addresses, mobile phone numbers or account numbers.

The Bank is not responsible for payment delays due to a recipient claiming funds or a recipient entering wrong account information when claiming a payment.

eBills
eBills is an optional service that allows you to receive billing information for eligible Billers through Digital Banking. Eligible Billers are those merchants that have agreed to provide electronic bills (eBills). The decision to participate in the eBills program is at the discretion of the Biller and each Biller has their own criteria for establishing their eBills program. The information available through this service includes, but is not limited to, the minimum amount due and due date. You may view current billing information, file your eBills and set up automatic payments.

Delivery of eBills in a timely fashion is the responsibility of the Biller. If you do not receive an eBill or have questions about your eBill, you are responsible for contacting the Biller directly. In no event will we be responsible or liable for any late charges and/or other adverse consequences as a result of non-delivery or untimely delivery of any eBills. eBill service can be discontinued by the Payee at any time or you can discontinue receiving eBills for any participating Payee at any time.

D. Mobile Deposits
In order to use this service, you must be listed as an owner on the account into which you are depositing the check or someone authorized to make deposits to the account on behalf of the owner. You may only deposit original checks payable to you or, if the account into which the check is being deposited has more than one owner, payable to some or all of the owners of the account, but not to anyone else. We may establish limits on the number of checks and/or the total amount of checks allowed to be deposited at a given time. These limits may change from time to time without notice to you.

Checks must be endorsed by the account owner(s) to which the check is payable, drawn on a US bank, payable in US currency, and dated within 6 months prior to the deposit date. Checks may not be drawn on the account to which they are being deposited.

When you submit a check through Mobile Deposit, you represent and warrant to the Bank that: (i) the image you are submitting accurately represents all of the information on the front and back of the check; (ii) the check has not been altered in any way; (iii) the check and all signatures and endorsements on it are accurate and genuine; (iv) the endorsement includes your signature(s) and indicates “For Mobile Deposit Only”, (v) with the exception of re-deposits of items that were returned unpaid, you agree that neither you nor anyone else will re-deposit the check in any manner in the future and confirm that neither you nor anyone else has deposited the check previously to Newtown Savings Bank or any other depository institution by any other means, i.e. Mobile Deposit, ATM, mail, in person at a branch, or another manner, (vi) upon request from us, you will provide the original check to us to assist us in clearing or collection, resolving third party claims, or for any other business purpose, and (vii) you will store the original check securely in a place where no other person will have access to and once confirmed that the deposit was properly credited to your account, you agree to destroy the original check within 30 days.

All deposits made through Mobile Deposit are considered to be check deposits (not electronic deposits) and are subject to the terms and conditions found in the deposit account agreement(s) and Funds Availability Policy Disclosure. Checks successfully deposited through Mobile Deposit prior to the processing cut-off time on any Business Day will be deemed to have been received by the Bank on that Business Day; checks successfully deposited after the processing cut-off time on any Business Day or on any day that is not a Business Day are deemed to have been received by the Bank on the next Business Day. Refer to the Processing Cut-Off Times section of this Agreement for more information. Checks deposited through Mobile Deposit will not appear in your account history or balance until the next Business Day.

E. Check Stop Payments
You may submit a stop payment request through Digital Banking on checks you write from you Newtown Savings Banking checking account(s). You cannot stop payment on a check that we have accepted, certified, paid or otherwise become accountable for, except to the extent required by law.
You must allow us a reasonable time to initiate your stop payment request. Your stop payment order will remain in effect for six (6) months and is subject to our regular stop payment fee as outlined in our current Schedule of Charges. Your stop payment order may be renewed by written notice to the Bank or by updating the stop payment before it expires. The Bank will have no liability for failing to act on a stop payment order if the stop payment order does not describe the check with reasonable certainty, or if the Bank does not have a reasonable opportunity to honor the stop payment order, even if the failure to stop payment causes other items to be returned for insufficient funds.

F. Electronic Statements & Documents
The Statements & Documents service allows you to access electronic versions of periodic statements, tax forms and other notices for your linked account(s) in lieu of receiving paper copies through the U.S. mail. Any legal disclosures or notices that normally accompany your mailed statement will also be available to you electronically. Once enrolled, you can view, save, or print documents at your convenience.

G. Account Switch Service
The Account Switch Service is an optional personal finance management service that allows you to move your automatic transactions from accounts at other financial institutions to account(s) at a Newtown Savings Bank, or set up new automatic transactions (including online payments, automated payments, and direct deposits). You understand that by using the Account Switch Service you consent to the collection, use and disclosure of your personally identifiable information and other information as set forth in our Digital Banking Privacy Policy, and to have such information collected, used, transferred to, and processed in the United States.

If using the “Switch Assist” feature of the Account Switch Service you direct us to retrieve your information, including without limitation, data, passwords, usernames, PINs, log-in information, materials, and other content (collectively your “Account Information”) maintained online by existing financial institutions with which you have customer relationships, maintain accounts, or engage in financial transactions. We work with one or more Digital Partners to bring this feature to you, access necessary information, and to execute your request. By using this feature of the Account Switch Service, you expressly authorize us and such Digital Partners to access and use such Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible or liable for any errors, omissions, or processing delays incurred by the Bank, Digital Partners, or by the other financial institution.

H. Card Swap
Card Swap is an optional service that provides a single method for updating a payment card used for your subscription and streaming services, eCommerce merchants, and more. By adding or updating a card into Card Swap, you authorize us, without obligation on our part, to provide updates regarding any changes to your card information to a merchant(s) in order to permit the merchant to continue billing recurring charges to the card. You authorize us to apply such recurring charges to the card until you notify us that you have revoked authorization for the charges to your card. Your card is automatically enrolled in an information updating service. Through this service, your updated card information (such as card number and expiration date) may be shared with participating merchants to facilitate continued recurring charges. Updates are not guaranteed before your next payment to a merchant is due. It may take up to 24 hours for your card information to update with your merchant. You are responsible for making direct payment until recurring charges resume. If you receive a new card (such as a card with a new expiration date), you must update your card information in CardSwap. All your linked accounts at the merchant will update at once.

Merchants must sign up to participate in CardSwap and we do not control whether a merchant participates. If a merchant does not participate in CardSwap, you must log-in to the merchant’s site to remove or change you billing card information.

The use of this optional service requires you to review card changes to ensure accuracy. We are not responsible and/or liable whatsoever for any errors, omissions, processing delays, and other such events that may cause late payments, finance charges and other penalties that may be levied by a business or merchant.

J. Check Orders
You may order personal and business checks by using the Check Reorder tile in Digital Banking. Applicable fees are disclosed to you for your review before order submission and are applied once you submit the order. All applicable fees deducted from your account number. Expedited delivery costs may be billed to you.

K. Chat, CoBrowse and Screen Share
Chat enables you to quickly communicate with our representatives via an on-screen message during regular business hours. Simply type your question into the chat box and receive a quick response on your screen. For specific matters, we will verify your identity via audio using a commercially reasonable security procedure to ensure account security. You can also choose to receive the chat transcript for your own records. You can end Chat at any time by selecting the “End” button from within the Chat box.

CoBrowse enables you to share with us your active digital session in a limited capacity to provide you with live on-screen assistance while interacting with our websites and Digital Banking. Before CoBrowse is enabled, you must first provide your consent by selecting the “Accept” button from the on-screen CoBrowse request or, when speaking to us on the phone reading a 5-digit co-browse code to the representative who is assisting you (requested by clicking the “Get CoBrowsing Code” button at the bottom of our websites). We will only be able to Co-Browse with you within our websites and Digital Banking and will not be able to view other applications on your device. You can end CoBrowsing at any time by selecting the “End” button from within the Chat box.

Screen Share enables you to share with us your active web session with expanded access to provide you with live on-screen assistance while interacting our websites. Before Screen Share is enabled, you must first provide your consent by selecting the “Start” button from the on-screen Screen Share request. Then, you will be prompted to select the tabs, window and/or screens you would like to share with us. This expanded access will enable us to provide you with real-time assistance to respond to and/or address your banking needs. We will be able to see any open browser tabs, screens, and applications that you have permitted us to view that are running on your device. You can end screen sharing at any time by selecting the “End Screen Sharing” button at the bottom of the website.

L. Processing Cut-Off Times
Business Day transaction processing times differ by transaction type and affect when funds are available to be withdrawn from your account as detailed below. Transactions occurring after the processing time generally will not be initiated or posted until the next Business Day.

Transaction Description Processing Cut-Off Times (EDT)
External Transfer: 4:00 PM
Internal Transfer: 6:00 PM (note, immediate transfers will increase/decrease your Available Balance immediately, but if performed past the cutoff will post with a date of the next day.
Mobile Deposits: 7:00 PM
Bill Payments: 4:00 PM
Cancel/Edit Scheduled Bill Payments: 8:00 AM on Business Day the payment is scheduled to be made

IV. Communications
A. Electronic Communications
By enrolling in, accessing or using Digital Banking, you consent to receiving disclosures and information concerning Digital Banking electronically, including by mobile device (e.g., SMS or other text message) or email (each of the foregoing being an "electronic address") for as long as you use Digital Banking. We will not be responsible or liable to you in any way if our communication(s) to you is intercepted by an unauthorized person either in transit or following delivery to you.

If we deliver communications to you using the electronic address we have on file, you will immediately be deemed to have received the communication even if, for example, our message is returned to us by an Internet service provider as undeliverable. In the event of a change of your electronic address, you agree that you will promptly provide us with your updated information. You may provide these updates via Digital Banking, by calling Customer Service Center at 800.461.0672 or by visiting a branch.

Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission. You may request a paper notice or disclosure by calling Customer Service Center at 800.461.0672 or by visiting a branch.

C. Communications Between You and the Bank
Digital Banking provides you/us with the ability to send and receive secure electronic messages (“Messages”) to and from the Bank. Email transmissions, outside of those you create using Digital Banking, may not be secure, we therefore request that you do not send or request any sensitive information to or from us (such as account numbers, Authentication Credentials, financial information, etc.) via any general or public communication system. No action will be made on any electronic message you send us until it is actually received, and we have a reasonable opportunity to act on it. You cannot use an electronic message to originate a Bill Payment, account inquiry, Funds Transfer, or to send an electronic message to any other person who also uses Digital Banking.

You agree that by communicating with us using our secure electronic messaging system, the information or communication is delivered to us as if it were in writing with your signature on it.

D. Alerts
You may set up Alerts in Digital Banking to receive optional, informational notifications. In our sole discretion, we may add new Alert types and/or discontinue Alert types from time to time without notice to you. You may designate an email address and/or the number of your mobile device that accepts text messages. Data and text message fees imposed by your mobile service provider may apply to alerts received on your mobile device. If the email address or telephone number that you use for Alerts changes, you are responsible for informing us of that change.

Some alerts may include information about your linked account(s). You should be aware that anyone with access to your email or your mobile device will be able to view the content of these alerts. You understand and agree that alerts provided to you may be delayed and/or prevented by your internet or telecommunications provider for a variety of factors. You agree that we will not be liable in any way for (i) any delays, failure to deliver, or misdirected delivery of any alert, (ii) any errors in the content of an alert, or (iii) any actions taken or not taken by you or any third party in response to an alert. All alerts are provided as a courtesy to you and for informational purposes only.

A. No Signature Required
When a Bill Payment or transfer is generated through Digital Banking, you agree that we may debit your designated account without requiring your signature and without prior notice to you.

B. Rights and Error Resolution Procedures for Consumer Accounts
Periodic Statements. If your account is subject to receiving a monthly statement, all Electronic Funds Transfers (EFTs) will be reported on it. If you account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle unless there are EFTs transactions in which case you will receive a monthly statement. In any case, you will receive your statement at least quarterly.

Call us at: 800.461.0672,

Or Write us at: Newtown Savings Bank
39 Main Street
Newtown, CT 06470

We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

(1) Tell us your name and account number
(2) Describe the transaction you are unsure about and explain as clearly as you can why you believe there is an error or why you need more information, including the transaction number assigned, if available and the name of the Payee if the transaction in question is a Bill Payment.
(3) Tell us the date and dollar amount of the transaction in question. If you tell us verbally, we may require that you send us your dispute or question in writing within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days after we hear from you and will promptly correct any error. If we need more time, however, we may take up to forty-five (45) days to investigate the disputed activity. In this case, we will credit your account within (10) Business Days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your dispute in writing, and we do not receive it within (10) Business Days, we may not credit your account.

For errors involving new accounts, we may take up to ninety (90) days to investigate your dispute and up to twenty (20) Business Days to credit your account for the amount you think is in error. The extended time periods for new accounts apply to all EFTs that occur within the first thirty (30) days after the first deposit to the account is made.

We will tell you the results within three (3) Business Days after completing our investigation. If we conclude that there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation.

Consumer Liability. Tell us immediately if you believe your Authentication Credentials are compromised and known to someone other than yourself or if you believe that an electronic fund transfer has been made without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of Digital Banking could cause you to lose all of the money in your account(s), plus any amount available under additional services such as Overdraft Privilege or Line of Credit.

You will have no liability for unauthorized transactions if you notify us within sixty (60) days after the statement showing the transaction has been sent to you. If you do not report unauthorized activity within the established timeframe, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period, if we can show that we could have stopped someone from taking the money had you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.

If you give your username and password and grant authority to make transfers to a person who exceeds the authority given, you are responsible for all transactions that person performs unless you notify us that the transfers by that person are no longer authorized. Transactions that you, or someone acting with you, initiate with fraudulent intent are also authorized transactions.

C. Changes in Address and Personal Information
It is solely your responsibility to assure that the contact information you have provided to us in connection with your use of Digital Banking is current and accurate, and you are responsible for updating your contact information if it changes. This includes, but is not limited to, name, address, phone numbers and email addresses. You may make changes to your contact information via Digital Banking, by contacting Customer Service at 800.461.0672 or by visiting a branch. We shall have no liability for any payment processing errors or any fees you may incur as a result of inaccurate or outdated contact information for you.

D. Additional Provisions Applicable Only to Business Accounts
Digital Banking may only be requested by the authorized signers of the business. Authorized signers are those individuals who have been appointed to act on behalf of the business and whose names and signatures are on the physical signature card.

E. Commingling of Account Information
In the event that you have requested, and we have agreed to link your personal consumer account and a non-personal account (i.e., business, commercial or fiduciary account) to a single Digital Banking user profile, you (as an individual and as an authorized representative of the entity) acknowledge that any authorized user of Digital Banking will have access to information related to all accounts. You understand and acknowledge that you are responsible for and consent to the access or actions of any user through Digital Banking, and you agree that we may act on any instructions (including transactional and/or payment or directions) given through the use of Digital Banking on all accounts. To the extent permitted by law, you (individually and on behalf of the entity) release us from any and all claims, debts, liability, damages, loss and causes of action, as a result of or related to your commingling of personal and non-personal accounts under a single Digital Banking user profile.

F. Closing Accounts
It is your responsibility to cancel or update any scheduled Bill Payment associated with a payment account you close. If you close all of your linked accounts, you also need to cancel your Digital Banking service. There may still be pending payments or transfers that have not yet posted to your account; it is your responsibility to maintain your account long enough for the transactions to clear or to initiate stop payment requests on the outstanding payments and to make other payment arrangements.

G. Prohibited Activities and Tax Reporting. We strictly prohibit the use of any Account to conduct transactions that are related, directly or indirectly, to unlawful Internet gambling. The term “unlawful Internet gambling,” as used in this Agreement, shall have its meaning set forth in 12 C.F.R. Section 233.2(bb). You agree not to conduct any transactions through your Account that directly or indirectly involve or are related to unlawful Internet gambling, including, without limitation, the acceptance or receipt of any funds or deposits in connection therewith. We may refuse any gambling transaction, whether lawful or not. You also agree not to use your Account for any other illegal activity. Transactions in your Account are also subject to applicable Automated Clearing House, applicable state law, and Federal Reserve rules and regulations. You agree that you are responsible for your tax obligations and that any funds in, or to be deposited in, your Account(s) are not proceeds from any criminal activity (including, but not limited to, tax crimes). You confirm that all information that has been provided is complete and accurate, including any information pertaining to your country of citizenship, residence and any other relevant information to determine legal and tax status. Funds in, and any income derived from, your Account(s) must be disclosed to the relevant tax authorities if required by law. You agree to notify us and/or provide us with any changes related to your tax affairs as we may request in order to comply with our regulatory obligations.

H. Disclosure of Account Information
We disclose information to third parties about your linked account(s) or the transactions you make:

• Personal Information You Provide to Us. The types of personal information we collect, and share depend on the product or service you have with us. This may include social security number and income; account balances and payment history; and credit history and credit score. We collect your personal information, for example, when you open an account or deposit money; pay your bills or apply for a loan; and/or use your debit card.
• Personal Information Collected from Digital Partners. We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
• Personal Information Collected via Technology. We and our Digital Partners may automatically log information about you, your computer or mobile device, and your interaction over time with Digital Banking, our communications and other services, such as:
• Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G), and general location information such as city, state, or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page orscreen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
• Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
• Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
• Location Information. If you have enabled location services on your phone and agree to the collection of your location when prompted by access or use of Digital Banking, we will collect location data when you use Digital Banking even when closed or not in use. If you do not want us to collect this information, you may decline the collection of your location when prompted or adjust the location services settings on your device.
• Photos and images collected through the Mobile Deposit service if you have enabled access and agree to use of your device camera.
• Phone contact information when using a service in Digital Banking that requests, and you agree, to access your contacts.

• General Use. In general, we use your personal information collected through your access or use of Digital Banking to respond to your requests as submitted through Digital Banking, to provide you the services you request, and to help serve you better. We use your personal information, in connection with Digital Banking, in the following ways:
  •  facilitate the creation of, and secure and maintain your account;
  • identify you as a legitimate user in our system;
  • provide improved administration of Digital Banking;
  • provide the services you request;
  • improve the quality of experience when you interact with Digital Banking;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories; and
  • send surveys, offers, and other promotional materials related to Digital Banking.
• Compliance and protection. We may use your personal information to:
  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • enforce the terms and conditions that govern Digital Banking; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
• Creation of Non-Identifiable Data. Digital Banking may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you. We may use this information in a form that does not personally identify you to analyze request patterns and usage patterns to enhance our products and services. We reserve the right to use and disclose non-identifiable information to third parties in our discretion.

• In Accordance with Our Other Privacy Notices. Other than as described in this Policy, this Policy does not apply to the processing of your information by us or third parties with whom we share information.
• Digital Partners. We may share your personal information with our Digital that perform services for or on behalf of us in providing Digital Banking services.
• Authorities and Others. Regardless of any choices you make regarding your personal information,

• How We Respond to Do Not Track Signals. Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communicates. There is currently no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise its policy on responding to these signals.
• Access, Update, or Correct Your Information. You can access, update or correct your information by changing Settings in Digital Banking. For additional requests, please contact us.
• Opting Out of Email or SMS Communications. If you have signed-up to receive our email marketing communications, you can unsubscribe any time by clicking the "unsubscribe" link included at the bottom of the email or other electronic communication. Alternatively, you can opt out of receiving marketing communications by contacting us. If you provide your phone number through Digital Banking, we may send you notifications by SMS, such as provide a fraud alert. You may opt out of SMS communications by unlinking your mobile phone number through Digital Banking.
• Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through Digital Banking, you can subsequently stop the collection of this information at  any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to our collection of location information, you may no longer be able to use some features of the App.

J. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR OR DIGITAL BANKING PARTNERS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES). WE AND OUR DIGITAL BANKING PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES) AS DESCRIBED OR PROVIDED. NEITHER WE NOR OUR DIGITIAL BANKING PARTNERS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WARRANT THAT DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NEITHER WE NOR OUR DIGITAL BANKING PARTNERS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WARRANT THAT THE WEB SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.

K. Indemnity
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR CONDUCT WHILE USING DIGITAL BANKING AND AGREE TO INDEMNIFY AND HOLD US AND OUR DIGITAL BANKING PARTNERS, INCLUDING OUR AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF DIGITAL BANKING OR THE USER OF DIGITAL BANKING BY ANYONE USING YOUR ACCOUNT NUMBER(S) OR AUTHENTICATION CREDENTIALS, OR YOUR VIOLATION OF THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, PRIVACY RIGHTS). YOUR OBLIGATIONS UNDER THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

L. Customer Responsibility
You are responsible for all transfers, payments and other transactions that you initiate and authorize using Digital Banking. If for any reason you permit other persons to use your Authentication Credentials to access Digital Banking or you otherwise fail to keep your Authentication Credentials confidential, you are responsible for any resulting transactions from your accounts, except as otherwise provided by applicable law. We will not be liable for, and will not reimburse you for, any losses that may occur as a result.

Refer to your Deposit Account/Loan Agreement(s) and the applicable Electronic Funds Transfer Disclosure and Agreement for your rights and responsibilities regarding Billing or Account Error Resolution procedures.

M. Bank’s Liability
We agree to make commercially reasonable efforts to ensure the full performance of our Digital Banking service (subject to reasonable down times and service upgrades, as well as our right to not offer Digital Banking at any time in our sole discretion).

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OUR DIGITAL BANKING PARTNERS, INCLUDING OUR AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES); (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES), EVEN IF WE OR OUR DIGITAL BANKING PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES) OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

SPECIFICALLY, WE AND OUR DIGITAL BANKING PARTNERS, INCLUDING OUR AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU IF THE FOLLOWING OCCURS.

• IF YOU DO NOT HAVE SUFFICIENT AVAILABLE FUNDS IN YOUR ACCOUNT FROM WHICH THE PAYMENT OR TRANSFER IS TO BE MADE, OR IF THE ACCOUNT HAS BEEN CLOSED OR IS NOT IN GOOD STANDING, OR IF WE REVERSE A PAYMENT BECAUSE OF INSUFFICIENT FUNDS.

• IF THE PAYMENT WOULD CAUSE YOUR BALANCE TO GO OVER THE CREDIT LIMIT OF AN ESTABLISHED LINE OF CREDIT OR OVERDRAFT PRIVILEGE LIMIT.

• IF A LEGAL ORDER DIRECTS US TO PROHIBIT WITHDRAWALS FROM YOUR ACCOUNT(S) OR YOUR ACCOUNT(S) IS SUBJECT TO OTHER ENCUMBRANCES OR CLAIMS THAT MAY RESTRICT THE TRANSACTION.

• IF CIRCUMSTANCES OR PERSONS BEYOND OUR CONTROL PREVENT, DELAY, INTERCEPT, OR ALTER THE TRANSACTION, DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN TO AVOID THESE CIRCUMSTANCES.

• IF WE BELIEVE IN GOOD FAITH THAT A BREACH OF SECURITY HAS OCCURRED OR IS OCCURRING INVOLVING YOUR ACCOUNT(S) OR YOUR USE OF THE DIGITAL BANKING.

• IF YOU, OR ANYONE AUTHORIZED BY YOU, COMMITS ANY FRAUD, OR VIOLATES ANY LAW OR REGULATION.

• FOR ANY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL (SUCH AS SEVERE WEATHER EVENTS, NATURAL DISASTERS, STATE OF EMERGENCY, INTERRUPTION OF BUSINESS ACTIVITIES IN THE LOCALES WHERE OUR FACILITIES ARE LOCATED, DELAY IN THE U.S. MAIL, OTHER MAIL CARRIERS, POWER SHORTAGES OR FAILURE OR SYSTEM FAILURE, ACTS OF SO-CALLED HACKERS OR CRACKERS, VIRUSES, DENIAL OF SERVICE ATTACKS, STRIKES, RIOTS, LABOR DISTURBANCES, CIVIL UNREST, WAR, PANDEMICS, AND GOVERNMENTAL RESTRICTIONS, ETC.) THAT PREVENT THE PROPER COMPLETION OF THE TRANSACTION.

• IF ANY ELECTRONIC DEVICE (COMPUTER, MOBILE DEVICE, MODEM, OR OTHER) OR THE COMMUNICATION LINE, NETWORK OR SERVICE (INCLUDING, WITHOUT LIMITATION, INTERNET ACCESS THROUGH AN ISP) USED TO CONNECT AND/OR PROVIDE INSTRUCTIONS TO US WAS NOT WORKING PROPERLY, WAS DISCONNECTED, DEFECTIVE OR MALFUNCTIONING, OR IF THERE IS AN INTERRUPTION OF ELECTRICAL POWER OR TELEPHONE SERVICE.

• IF THERE ARE PROCESSING DELAYS THAT ARE CAUSED BY THE PAYEE.

• IF ANY ELECTRONIC TERMINAL, TELECOMMUNICATION DEVICE, OR ANY PART OF THE ELECTRONIC FUNDS TRANSFER SYSTEM IS NOT WORKING PROPERLY.

• IF WE ARE OTHERWISE EXEMPTED FROM LIABILITY UNDER APPLICABLE LAWS AND REGULATIONS.

• IF DIGITAL BANKING (INCLUSIVE OF PROVIDED AND OPTIONAL FEATURES) ARE NOT WORKING PROPERLY BUT YOU STARTED THE TRANSACTION OR TRANSFER ANYWAY.
IN THOSE STATES WHERE THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR OUR DIGITIAL BANKING PARTNERS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10.00).

N. Termination
Your Digital Banking service remains in effect until it is terminated by you or us. You may terminate your use of Digital Banking at any time by calling Customer Service Center at 800.461.0672, by writing to Newtown Savings Bank, 39 Main Street, Newtown, CT 06470, or by sending a secure message using “Messages” within Digital Banking. This termination applies to your Digital Banking service only and does not affect your Newtown Savings Bank accounts.

We reserve a reasonable amount of time to act upon your request to terminate your Digital Banking service which in no event shall be more than five (5) Business Days; we may require that you put your request in writing. We are not responsible for any transactions processed before we have a reasonable opportunity to act on your termination request and you remain obligated for any payments or transfers made by the Bank on your behalf.

We may terminate your use of Digital Banking and this Agreement, in whole or in part, for any reason, at any time without prior notice. If there have been no transactions using a service(s) for an extended period of time, Digital Banking and/or the associated services may be considered inactive or dormant and may be terminated.

We reserve the right to make no further transfers, payments or transactions from your account, including any payments and transfers you have previously authorized, upon termination, by you or by us, of your Digital Banking service. Termination prohibits your access to electronic documents and notices and may result in additional fees being assessed to produce and deliver this information. If for any reason more than one person is authorized to withdraw funds from your account or electronically access your account, we cannot stop that person from using Digital Banking.

O. ARBITRATION AGREEMENT
Please Review – Important – Affects Your Legal Rights

This Arbitration Agreement provides that all disputes between you and Newtown Savings Bank must be resolved by BINDING ARBITRATION whenever you or we choose to submit or refer a dispute to arbitration. By accepting this arbitration agreement, you GIVE UP YOUR RIGHT TO GO TO COURT (except for matters that may be taken to small claims court, see section “What Claims or Disputes Are Excluded from Arbitration” below). Arbitration will proceed on an INDIVIDUAL BASIS. As such, you GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR CLASS ARBITRATION and GIVE UP YOUR RIGHT TO JOIN OR CONSOLIDATE A CLAIM WITH CLAIMS OF OTHER PERSONS. YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT (“Opt-Out”) TO ARBITRATION, BUT YOU MUST DO SO PROMPTLY. If you do not reject this agreement within 30 days and, in the manner, described in the section (“Your Right to Opt Out”) below, then:

• Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY.
• Arbitration procedures are simpler and more limited than rules applicable in court.
• The decision of the arbitrator is generally final and binding.
• Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT.

i. Definitions and Parties Subject to Arbitration
Account – For purposes of arbitration, includes any updated or substitute Account for the same Account holders.

Arbitrator – An independent person or body officially appointed to settle a Claim or Dispute.

Claim or Dispute - Any unresolved disagreement between you and us, arising from or relating in any way to the Agreement or the deposit relationship between us. It includes any disagreement relating in any way to services, Accounts or any other matters; to your use of any of our banking facilities; or to any means you may use to access your Account(s). Any claims or disputes arising from or relating to the advertising of our services, the application for, or the approval or establishment of your Account are also included. Claims are subject to arbitration, regardless of on what theory they are based, whether they seek legal or equitable remedies (including claims for compensatory, monetary and/or punitive damages, restitution and/or disgorgement, or injunctive relief, including public injunctive relief), or whether they are common law or statutory (Federal or State) claims. Except for small claims addressed in Subsection (d), arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. Disputes include disagreements about the meaning, application or enforceability of this arbitration agreement

Newtown Savings Bank (also referred as “We”, “Us”, “Our”, or the “Bank”) – Includes subsidiaries and affiliates, successors, and their employees, officers, directors, and controlling persons, and all third parties who are regarded as agents or representatives of ours in connection with a claim.

You – For purposes of arbitration, the term “you” includes each owner of the Account, each person who signs a signature card for the Account, and their respective heirs, successors, representatives, and beneficiaries.

ii. Your Right to Opt Out. If you reject the Arbitration Agreement for your Account, you may opt out by sending us written notice of your decision within thirty (30) days of Account opening. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement of the Account Agreement. It should include your name, address, Account name, Account number, and your signature and must be mailed to: Newtown Savings Bank, Attn: Retail Deposit Operations, 39 Main Street, Newtown, CT 06470.
This is the sole and only method by which you can opt out of the Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Digital Banking Agreement and will not result in any adverse consequence to you or your Account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this arbitration agreement in a timely and proper fashion.

iii. What Claims or Disputes Are Excluded from Arbitration? You and we retain the right to pursue in small claims court (or an equivalent State court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing shall bear all costs and expenses incurred by the other in compelling arbitration.

iv. How does Arbitration Work? Arbitration is different from a lawsuit in state or federal court. Arbitration is conducted by private organizations specializing in alternative dispute resolution and is conducted before a neutral arbitrator instead of a judge or jury. Arbitration procedures are generally simpler and more informal than court procedures. For example, discovery is more limited in arbitration that in court. As illustrated above, certain rights that you may have in court are not available in arbitration. At the same time, in arbitration you are entitled to recover attorneys’ fees from us to the same extent as you would be in court.

v. Initiation of Arbitration. You or we may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has been previously commenced. Once an arbitration demand is made, no lawsuit can be brought, and any existing lawsuit must stop.
Under this agreement to arbitrate, the party filing a Claim must select either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”) as the arbitration administrator. You can learn more about these organizations online, at the addresses provided below. Each of these organizations will apply their procedures in effect at the time the arbitration claim is filed. If procedures by JAMS or AAA conflict with this arbitration provision or with the Arbitration Agreement, this arbitration provision and/or Arbitration Agreement will control. Arbitrators must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the dispute. You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating arbitration by contacting these arbitration forums:

• American Arbitration Association
800-778-7879 (toll-free)
Website: adr.org

• JAMS
800-352-5267 (toll-free)
Website: jamsadr.com

In the event that JAMS or the AAA is unable to handle the dispute for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties pursuant to the AAA rules of procedure; or, if the parties cannot agree, selected by a court in accordance with the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”).

If you initiate the arbitration, you must notify us in writing at: Newtown Savings Bank, Attn: Retail Deposit Operations, 39 Main Street, Newtown, CT 06470. If we initiate the arbitration, we will notify you in writing at your last known address in our file.

vi. Court and Jury Trials Waiver. FOR CLAIMS SUBJECT TO ARBITRATION, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.

vii. CLASS ACTION AND CLASS ARBITRATION WAIVER. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE JOINT ACCOUNT OWNERS OR BENEFICIARIES ON YOUR ACCOUNT. This is so whether or not the claim has been assigned.
You further agree that in arbitration, injunctive relief shall be limited to such relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone. Any arbitral award on a class basis shall be void and shall not be subject to confirmation and no judgment shall enter thereon. An injunction granted in arbitration may provide only such relief as is necessary to remedy injury to you or to protect you alone from future injury; no judgment or order shall be entered by a court to enforce an award of the arbitrator for broader injunctive relief.

If you bring a lawsuit that includes a claim for public injunctive relief, you further agree that we may treat such a claim as a Claim within the meaning of this Arbitration Provision, and that we would then have the right to demand arbitration, and if you refuse our demand, to move to enforce arbitration in accordance with the terms of this Arbitration Provision pursuant to the Federal Arbitration Act. If we bring and lose that motion, your claim for public injunctive relief will be heard in court but you agree to stay your claim in court for public injunctive relief pending (a) exhaustion of our right to appeal from the ruling against us, and (b) completion of arbitration of all other Claims. If we win our motion, your claims for injunctive relief will be decided in accordance with the terms of this Clause, meaning that the arbitrator can award only such injunctive relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone.

viii. Where Will the Arbitration Be Held? The arbitration shall take place in the Federal judicial district in which you reside, unless the parties agree to a different location in writing. However, the arbitrator may, in his or her discretion, conduct special hearings at any other place for the purpose of receiving evidence that would otherwise be unavailable, or for the convenience of the parties or witnesses, and that the place for the special hearing selected by the arbitrator shall also be deemed a place where the arbitrator “[is] sitting” for purposes of Section 7 of the FAA.

ix. Costs of Arbitration. The party initiating the arbitration (or appeal of the first arbitration award) shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. All other fees and costs will be allocated in accordance with the arbitration administrator’s rules of procedure. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so; or if you ask us in writing and we determine in good faith there is a justifiable reason for doing so. You may represent yourself in arbitration, or you may be represented by a lawyer. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but the arbitrator will have the authority to award attorneys and expert witness fees and costs to the extent permitted by this Account Agreement, the forum’s rules, or applicable law.

x. What Law Governs the Arbitration Provision and Arbitration Proceedings? You and we agree that in our relationship arising from this Account Agreement: (1) the parties are participating in transactions involving interstate commerce; (2) the arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) this arbitration agreement and any resulting arbitration are governed by the provisions of the FAA, and, to the extent any provision of that act is inapplicable, the laws of the State that govern the relationship between you and us. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

xi. Do You Have a Right to Discovery? In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under such rules.

xii. Arbitration Award and Right of Appeal. Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $50,000, any party can, within thirty (30) days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the forum. The panel shall reconsider anew all factual and legal issues, following the same rules of procedure and decide by majority vote. Reference in this Arbitration Provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken.

xiii. Severability and Survival. If any part of this Arbitration Agreement, other than the Class Action and Class Arbitration Waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The Class Action and Class Arbitration Waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void. This Arbitration Agreement shall survive the closing of your Account and the termination or modification of any relationship between us.

xiv. Notice and Cure; Special Payment. Prior to initiating an arbitration, you may give us a written Claim Notice describing the basis of your claim and the amount you would accept in resolution of the Claim, and a reasonable opportunity, not less than thirty (30) days, to resolve the claim. Such a Claim Notice must be sent to us by certified mail, return receipt requested, at: Newtown Savings Bank, Attn: Retail Deposit Operations, 39 Main Street, Newtown, CT. This is the sole and only method by which you can submit a Claim Notice.
If the parties do not reach an agreement to resolve the Claim within 30 days after notice of the Claim Notice is received, the complaining party may start a lawsuit or arbitration, subject to the right of the other to demand arbitration of the Claim according to the terms of this Arbitration Agreement.

P. Severability
If any provision of this Agreement or the application thereof to any persons or circumstances shall irreconcilably conflict with or be invalid or unenforceable under applicable law, such provision shall be deemed automatically reformed and amended to the extent, and only to the extent, necessary to render it valid and enforceable under such applicable law as of the effective date thereof, and such reformed or amended provision shall be binding without necessitating the formal amendment of this Agreement by the procedures specified herein; provided, however, that if such automatic reformation and amendment of such provision shall be unreasonable or impracticable in the context of this Agreement, or shall significantly conflict with the purpose, intent and/or any other material terms or provisions of this Agreement, then such provision shall be deemed severed from this Agreement with respect to the persons or circumstances as to which such provision shall be invalid or unenforceable. The invalidity or unenforceability of any one or more of the provisions of this Agreement, or the severance of any provision from this Agreement pursuant to the terms of this Agreement, shall not affect the validity or enforceability of the remaining provisions and such remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

Q. Governing Law
This Agreement, and all accounts and services described herein, are governed by, construed and enforced in accordance with Federal Law and, when not superseded by Federal Law, the laws of the State of Connecticut.

Rev 3.5.24