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Berkshire People Pay Service Agreement and DisclosureezeBerkshire Bank to post transactions generated by Berkshire People Pay throughAccount. You understand and agree that Berkshire Bank uses a variety of banking channels and facilities to make payments, but w ewill ordinarily use an Automated Clearing House (ACH) Network for transactions. Berkshire People Pay payments can be made toconsumers residing anywhere within the United States, its territories (American Samoa, Virgin Islands, Northern Mariana Islan ds,Guam, Puerto Rico, and the District of Columbia), and military installations. All payments made to another person throughBerkshire People Pay are subject to the terms and conditions within this agreement and all other agreements connected with yo urAccounts. This Berkshire People Pay Agreement includes applicable fees, disclaimers of liability, and other information that pertai nsto the users of this service. Berkshire Bank reserves the right to modify, change, or amend any of the Berkshire People Pay s ervices,and/or the terms of this Agreement or any other agreement you have with us, at any time, for any reason, and without notice,unless otherwise required by law.In addition, you understand that you may receive funds through the Berkshire People Pay service from a payment generated byanother individual. You hereby acknowledge that the receipt of money from another person is subject to the terms and conditions ofother account agreements between you and Berkshire Bank.Please read this agreement carefullyBefore we offer Berkshire People Pay service to you, it is important that you understand your rights and responsibilities. Please readth whom you areis a person that sendsa payment instruction through the Berkshire People Pay Service.Berkshire Bank relies upon the information you provide when originating a payment on your behalf. Any errors, including incorrect orinconsistent Recipient names, email addresses, mobile phone numbers, Account numbers or payment amounts are your responsibility.Failure to provide correct information may result in unrecoverable loss of funds. You understand and agree that Berkshire Bank has noresponsibility to investigate these discrepancies. You further understand that financial institutions holding Recipient Accounts are notresponsible for investigating discrepancies between names and numbers.You must provide a current and valid email address and agree to provide the Bank with any updated information needed in order forus to contact you regarding Berkshire People Pay service. To provide us with any changes to your contact information, log into yourOnline Banking account and update your information under the Customer Service tab.By checking theclicking the Enroll button, you agree that we, Berkshire Bank, may provide you with the Berkshire People Pay service.checkbox andPayment Processingce inyour account. When you initiate a deposit to a bank Account from your eligible Berkshire Bank Account using Berkshire People Pay, theprocessing of the payment will begin and may be debited from your Account immediately and will be credited 1-3 business days to thereceiving Account. You agree that you will have sufficient available funds in the designated deposit Account to cover all outboundtransactions including fee(s), on the date scheduled. When choosing to send to an email or mobile phone number, the transaction willbe funded via RTD at the time the payment is claimed by the Recipient and dependent on whether information requested from theRecipient has been provided. You understand and acknowledge that there may be a delay in the debiting or receipt of funds throughBerkshire People Pay.Cut-off TimeDepending on the type of payment method selected, payments conducted through Berkshire People Pay may be completed in realtime (i.e. instantaneously) or there may be a slight delay in the processing of a debit and/or credit to a particular Account.1
Berkshire People Pay Options and LimitationsThere are transaction limits for payments to another person through the Berkshire People Pay service. The aggregate daily limit forall People Pay transactions is 500. The limits are determined by your selected payment method as provided in the following tables:Payment / Limit OptionsOption 1: Direct Deposit PaymentTransactionLimitFee 250 3 250Email orMobile numberSingle Fee*:Email or Mobile number, Routing number and Account number.Payments are sent and received in1-3 business days (depending onreceiving financial institution).Debit is a Real Time Debit for the payment at the time thepayment is scheduled.Payment cannot be cancelled once confirmed by the sender.Option 2: Email or Mobile numberPayment Types: Direct DepositNotice Options: Email or Mobile numberAllows the Recipient to decide how to receive the money. An email or textmessage with instructions detailing how the Recipient can get the moneyis sent from the Bank to the Recipient email address or mobile phone.Payment may be cancelled by the Sender while it is in an unclaimed status. Itcannot be cancelled if the payment has been claimed, declined, or expired.Debit is a Real Time Debit for the payment at the time the payment is claimed bythe Recipient. .50*See Notes*NOTES:Fee is paid by SENDER (i.e. not Recipient)Single Fee is for Direct DepositIncoming PaymentsThe Berkshire People Pay service uses email and mobile numberconfirmation code will be sent to your email address or mobile number and you will be prompted to enter the code within the productto complete confirmation. The confirmation code expires in one hour. When confirmation is completed, the email address or mobilenumber is entered into the People Pay registry.Berkshire People Pay utilizes alert messages that are sent to all Senders and Receivers of payments. See the following chart foralert messages for the following reasons:Payment receivedThis alert is sent to registered and unknown Recipients informing them that someoneon the People Pay product has sent them money. The alert will provide instructions onhow to claim the money.Payment declinedThis alert is sent to a Sender informing them that a payment has been declined.Payment expiredPayment sentThis alert is sent to both Senders and Recipients informing them that a payment has expired.This alert is sent to Senders when a payment has been scheduled on their People PayAccount. It is a confirmation as well as risk mitigation for Account takeover scenarios.2
Payment failedThis alert is sent to Senders informing them of payment that failed to processdue to NSF or other failed validation scenarios.Enrollment confirmationThis alert is sent to Senders and registered Recipients as confirmation of theiracceptance to use the People Pay product. Needed for handset and email verification.This alert is sent to Senders informing them that the Recipient has accepted theirpayment and that their bank Account will be debited for the amount of the payment.Payment claimed/acceptedPayment cancelled(2)This alert is sent to Recipients informing them that the Sender has cancelled apayment before they accepted it.Unclaimed payment reminderThis alert is sent to Sender and Recipient informing them that they have yet toclaim a payment that is about to expire.First reminder alert: Three calendar days after transaction was initiatedwhen the payment has not been claimed.Second reminder alert: Three calendar days prior to expiration when thepayment has not been claimed.Profile changedThis alert is sent to registered Recipients informing them of changes made to their PeoplePay profile. It is a confirmation as well as risk mitigation for Account takeover scenarios.Contact addedThis alert is sent to Senders when a contact is added to their list. It is a confirmation aswell as risk mitigation for Account takeover scenarios.This alert is sent to Senders when an existing payee in their list is edited. It is a confirmationas well as risk mitigation for Account takeover scenarios.This alert is sent to Senders when contacts are imported (e.g. from Facebook, LinkedIn, etc.) asa big batch. It is a confirmation as well as risk mitigation for Account takeover scenarios.This alert message is sent when the Sender decides to allow the Recipient to choose how theywant to receive the funds. In addition the Recipient is not a known Recipient in which they donot have an email address or mobile number within People Pay that has been confirmed, orthey are not enrolled in People Pay.Contact editedContacts importedPayment Received RecipientChooses Unknown Recipient[170]Payment ReceivedRecipient Chooses KnownRecipient [171]This alert message is sent when the Sender decides to allow the Recipient to choosehow they want to receive the funds. In this case the Recipient is enrolled in People Payand the email address or mobile number used has been confirmed.Payment ReceivedSender Chooses UnknownRecipient [172]Payment Received SenderChooses Known Recipient[173]This alert message is sent when the Sender decides on how the funds should be sent to theRecipient. In addition the Recipient is not a known Recipient in which they do not have anemail address or mobile number within People Pay that has been confirmed, or they arenot enrolled in People Pay.This alert message is sent when the Sender decides on how the funds should be sent to theRecipient. In this case the Recipient is enrolled in People Pay and the email address or mobilenumber used has been confirmed.Payment Declined[174]This alert message is sent to the Sender when the Recipient declines the payment.Payment Expired Sender [175]This alert messages sent when the payment has not been claimed.Payment Expired UnknownRecipient[177]This alert message is sent when the payment has not been claimed. In addition the Recipientis not a known Recipient in which they do not have an email address or mobile number withinPeople Pay that has been confirmed, or they are not enrolled in People Pay.Scheduling PaymentPayments sent to an email address or mobile phone number require that the Recipient claim the funds within 10 calendar days. TheRecipient is directed to the Berkshire People Pay site in order to claim their funds and may choose how to receive the funds. They caneither have the payment sent to their bank Account.routing number and Account number.Cancellation of PaymentA payment request that has been initiated through Recipient Chooses (Option 2: Email or Mobile Number) may not be cancelledunless the Recipient has not yet claimed the payment. A payment request that has been initiated using Direct Deposit may not becancelled. Inquiries on cancellations must be directed to the Bank at 1-800-773-5601.3
Stopping a PaymentONCE AN ELECTRONIC PAYMENT HAS BEEN INITIATED, IT CANNOT BE STOPPED.Expired PaymentPayments conducted through Recipient Chooses (Option 2: Email or Mobile Number) will expire in 10 calendar days if not claimed. Thedebited amount will be returned to your account 5 calendar days after the payment expires.Rejection of PaymentPayments to another person may not be completed for various reasons. For example, if information provided for the Recipient isinaccurate or if identity verification is not completed, the payment may be placed on hold or the amount of the payment may bereturned to your Account. Similarly, if you have insufficient funds in your Account(s) or the payment is otherwise prohibited by theterms of this Agreement, the payment may not be completed. If there are insufficient funds to cover the payment at the time theReceiver attempts to claim the payment, they will receive an error message indicating that the payment cannot be claimed and theSender should be contacted.Insufficient FundsIf an Account does not have sufficient available funds on the scheduled transfer date, the transfer will not be made. If we do elect toinitiate the transfer, it may cause an overdraft in your Account in which case you shall be liable for the overdraft item including anyoverdraft and related fees as disclosed in your Deposit Agreement. In addition, a Continuous OD (Overdraft) Fee of 35.00 will beimposed every five (5) business days until you bring your account positive. This fee is applied to your account when it has beenoverdrawn for five (5) or more consecutive business days. A maximum of five (5) charges or 175 will be charged for each timeperiod your account remains in a negative status. Other fees can lead to a negative balance, which can lead to additional fees. Thisfee is in addition to Overdraft Item and NSF Return Item fees that may apply to your account for each overdraft or returned item.You can avoid this fee by promptly covering your overdraft deposit or transfer enough available funds to cover your overdraft, plusany fees we assessed, within the first 5 consecutive business days that your account is overdrawn. We may report information aboutyour Account to credit bureaus.StatementsAll of your payments made through the Berkshire People Pay service will appear on your monthly Account statement(s). Thethe Berkshire People Pay services. You have sole responsibility to monitor and review your statements and the payments from yourAccount and to immediately report any suspected fraud or unauthorized access to your Account or Account information.In case of Errors or Questions about your Electronic Transfers or PaymentsIn case of errors or questions about your electronic transfers or payments, call or write us at the telephone number or address listedbelow, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed onthe statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem orerror appeared.(1)Tell us your name and account number (if any).(2)Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is anerror or why you need more information.(3)Tell us the dollar amount of the suspected error.If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) afterwe hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if thetransfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question.If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) forthe amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Ifwe ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit youraccount. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already hasan established account with us before this account is opened.We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we willsend you a written explanation.You may inspect or ask for copies of the documents that we used in our investigation.4
BERKSHIRE BANKATTN: ELECTRONIC BANKINGP.O. BOX 1308PITTSFIELD, MASSACHUSETTS 01202-1308Business Days: Monday through Friday7:00a.m. - 7:00p.m. ESTSaturday 8:30a.m. - 2:00 p.m. ESTExcluding Federal HolidaysPhone: 1-800-773-5601MORE DETAILED INFORMATION IS AVAILABLE ON REQUESTFeesAny applicable fees for use of the Berkshire People Pay services are reflected within this document under the BerkshirePeople Pay Options and Limitations section and are also disclosed to you at the time you utilize the Berkshire People Payservice. We reserve the right to modify the terms of this disclosure and the applicable fees and service charges at any time,effective upon 30 days' notice to you as described in the Internet Banking and Bill Pay Agreement and Disclosure.CARRIER CHARGES MAY APPLY FROM YOUR MOBILE DEVICE OR INTERNET PROVIDER, WHICH ARE SOLELY YOURRESPONSIBILITY. You will be responsible for any other fees, including, but not limited to overdraft fees, which may beincurred in connection with the Berkshire People Pay services for insufficient funds or Bank holds on your Account.Transfers from a money market Account to another Account or to third parties by preauthorized, automatic, onlinebanking, telephone transfer, check, draft, or similar order to third parties are limited to six per monthly statement period. A.LiabilityYou specifically acknowledge and agree to be bound by all terms of the Berkshire People Pay Agreement. Additionally,you agree that Berkshire Bank shall not be liable in the event that a payment is transmitted in accordance with yourinstructions, but is not received by the intended individual recipient, if you failed to provide complete and accurateinstructions for the payment.Where we are found liable, our liability is strictly limited to the amount any late fee assessed and caused by a delayedpayment not sent in accordance with your instructions. We may suspend, reject, delay, cancel, or refuse to send anypayment for any reason and we shall have no liability to you or any third party for any such suspended, rejected, delayed,cancelled, or refused bill payment, where Berkshire Bank acts in good faith. You will be responsible for (i) protecting yourinformation, passwords, logon information, and other security with Berkshire Bank and with any third parties; (ii)periodically updating andproviding accurate and current personal information; (iii) properly and accurately providing recipient information; and (iv)fulfilling all other obligations under this Berkshire People Pay Agreement. Under no circumstances will Berkshire Bank, itsaffiliates, subsidiaries, officers, employees, or representatives be liable to you or any third parties for any delayed, late, orcancelled payments, fees, expenses, or costs due to insufficient funds in your Account, inaccurate information provided by youor your representatives, services not properly activated, Accounts with restricted funds or instructions, inactive Accounts, orAccounts not in good standing with the Bank. Berkshire Bank, it affiliates, subsidiaries, officers, employees, or representativesshall not be liable to you or any third parties for any liabilities, damages, fees, expenses, penalties, or costs arising out of yournegligence or your failure to monitor your Account and schedule payments properly and accordingly, or for any special,consequential,indirect, incidental, or punitive damages arising from or out of this Berkshire People Pay Agreement.Disclosure of Account Information to Third PartiesIt is our general policy to treat your account information as confidential. However, we will disclose informationto third parties about your account or the transactions you make ONLY in the following situations:Where it is necessary for completing transactions;Where it is necessary for activating additional services;In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;To a consumer reporting agency for research purposes only;In order to comply with a governmental agency or court orders; or5
TerminationAccess to Berkshire People Pay service may be suspended or terminated by the Bank at any time. You may terminate your use ofBerkshire People Pay services by contacting us through Online Banking. If you have scheduled payments pending, you areresponsible for any payments sent as stated in this Berkshire People Pay Agreement. We shall have no liability for any failed,terminated, or cancelled payments following termination of the Berkshire People Pay services from you. Berkshire Bank mayterminate your use of the Berkshire People Pay service, in whole or in part, at any time with or without prior notice to you for anyreason and we shall have no liability whatsoever for any failed, terminated, or cancelled payments due to such termination. Youraccess to the Berkshire People Pay service will terminate automatically if your Account is closed for any reason or if access tofunds in your Account are restricted for any reason. We reserve the right to terminate your access to the Berkshire People Payring any six (6) month period. Termination will not affect your liability or obligations underthis Berkshire People Pay Agreement for transactions processed by us on your behalf and through any termination or any transferof Accounts.Rules and RegulationsThis product is governed in addition to this Agreement by all rules and regulations associated with your checking Account, theOnline Banking and Bill Payment Agreement and Disclosure, and the Electronic Funds Transfer Act.Contact InformationBy mail:Berkshire BankP.O.Box1308Pittsfield, MA 01202-1308By phone: Call us toll free at 1-800-773-5601In person: Please visit your nearest Berkshire Bank office. A list of locations can be found on ourwebsite at www.Berkshirebank.comMember FDIC6
Berkshire Bank to post transactions generated by Berkshire People Pay through Account. You understand and agree that Berkshire Bank uses a variety of banking channels and facilities to make payments, but we will ordinarily use an Automated Clearing House (ACH) Network for transactions. Berkshire People Pay payments can be made to
