Account Disclosures

You’re Deposit Account Terms and Conditions Agreement – This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules with control your account(s) with us. Please read this carefully. If you sign the signature card or open or continue to have your account with us, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us.

This agreement is subject to applicable federal laws and the laws of the state of New York (except to the extent that this agreement can and does vary or such rules or laws are preempted by federal law). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:

summarize some laws that apply to common transactions;
establish rules to cover transactions or events which the law does not regulate;
establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
Give you disclosures of some of our policies to which you may be entitled or in which you may be interested.

If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.

As used in this document the words “we”, “our”, and “us” mean the bank and the words “you” and “your” mean the account holder(s) and any one else with the authority to deposit, withdraw, or exercise control over the funds in the account. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

LIABILITY – You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.

Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit including, to the extent permitted by law, our reasonable attorneys’ fees.

DEPOSITS – We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transaction by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cut-off time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next following business day that we are open.

WITHDRAWALS – Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs in the space designated for signatures on the signature card may withdraw or transfer all or any part of the account balance at any time and have a reasonable opportunity to act on it. Each of you (until we receive written notice to the contrary) authorizes each other person signing the signature card to indorse any item payable to you or your order for deposit to this account or any other transaction with us. We may charge your account for a check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us, by any method we do not specifically permit , which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. Even if we honor a nonconforming request we may treat continued abuse of the stated limitations (if any) as your act of closing the account. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. The fact that we may honor withdrawal requests that overdraw the available account balance does not obligate us to do so later. See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts for which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal.

We may require not less than 7 days’ notice in writing before each withdrawal form an interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION – These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds. Individual Account – is an account in the name of one person. Joint Account – With Survivorship (And Not As Tenants In Common) – is owned by two or more persons. Deposits and any additions to the account are the property of the owners as joint tenants with right of survivorship. This means that we may release the entire account to any owner during the lifetime of all owners. We may honor withdrawal requests (including checks) from any owner during the lifetime of all owners. We may be required to release money in the account to satisfy a judgment against or other valid debt incurred by any owner. We may honor withdrawal requests (including checks) from any surviving owner after the death of any owner, and may treat the account as the sole property of the surviving owner(s). Unless an owner directs us by written notice not to honor the withdrawal request (including checks) of an owner we will not be liable for doing so. After we receive such a notice, we may require written authorization of any or all joint owners for any further payments or deliveries.

Joint Account – No Survivorship (As Tenants In Common) – is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the “number of signatures” necessary for withdrawal. Convenience Account – governed by New York Banking Law § 678. See separate disclosure. Revocable Trust Account – (also known as a “Totten Trust Account”) – If two or more of you create such an account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account dies, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own the account in equal shares, without right of survivorship. The person(s) creating this account type reserve the right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.

BUSINESS ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. We may require the government body of the legal entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor authorization until we actually receive an acceptable written notice of a change from governing body of the legal entity.

STOP PAYMENTS - A stop-payment order must be given in the manner required by law, must be received in time to give us a reasonable opportunity to act on it, and must precisely identify the number, date and amount of the item, and the payee. We will honor a stop-payment request by the person who signed the particular item, and, by any other person, even though such other person did not sign the item, if such other person has an equal or greater right to withdraw from this account than the person who signed the item in question. A release of the stop-payment request may be made only by the person who initiated the stop-payment order.

TELEPHONE TRANSFERS - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six per month (less the number of “preauthorized transfers” during the month). Other account transfer restrictions may be described elsewhere.

AMENDMENTS AND TERMINATION- We may change any term of this agreement. Rules governing changes in interest rates are provided separately. For other changes, we will give you reasonable notice in writing or by any method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Notice from us to any one of you is notice to all of you.

STATEMENTS- You must examine your statement of account with “reasonable care and promptness”. If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to bear the entire loss. Your loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer. We lose these protections if you establish that we failed to exercise ordinary care in paying an item with an unauthorized signature or alteration.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 14 days from when the statement is first sent or made available to you.

You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, or any other errors in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in the paragraph is in addition to that contained in the first paragraph of this section.

ACCOUNT TRANSFER- This account may not be transferred or assigned without our prior written consent.

DIRECT DEPOSITS- If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also any other legal remedy to recover the amount of our liability.

SETOFF - You each agree that we may(when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons’’ or legal entity’s right to withdraw. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due day for which we properly accelerate under the note.

This right of setoff does not apply to this account if: (a) it is a IRA or other tax-deferred retirement account, or (b) the debt is created by a consumer credit transaction under credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity, or (d) social security or supplemental security income payments are deposited directly into this account pursuant to an agreement with us which permits such direct deposit without presentation to you at the time of deposit. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debit against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

RESTRICTIVE LEGENDS- We is not required to honor any restrictive legend on checks you write unless we have agreed in writing to the restriction. Examples of restrictive legends are “must be presented within 90 days” or “not valid for more than $1,000.00.”

ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code- Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the on named. You agree to be bound by automated clearing house association rules. These rules provide, among other things that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403 (a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.

FACSIMILE SIGNATURES- You authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose.

Disputed Consumer Reporting Agency Information

If your account has been maintained in an unsatisfactory manner, we sometimes report information about you and any joint account holders or authorized signers on the account to a Consumer Reporting Agency.

If you disagree with the accuracy of the information that we submit to a Consumer Reporting Agency, please call Us at 1-516-535-2002 or write to us at Esquire Bank, 320 Old Country Road, Garden City, NY 11530 We will review our files and respond to you in writing.

Online Banking Agreement and
Electronic Funds Transfer Disclosure

Please retain a copy of this agreement for your records.

INTRODUCTION: This Agreement and Disclosure specifically governs the Esquire Bank Internet Banking Electronic Funds Transfer Service (“Esquire Bank Internet Banking” or the “System”) and contains your and our rights and responsibilities and the terms and conditions under which this service is provided.

In this Agreement and Disclosure, the words “you”, “your” and “yours” mean each and every one of you who utilizes the Esquire Bank Internet Banking service. The words “we”, “us”, “our”, “Esquire” and “Bank” each mean Esquire Bank. By initiating inquires and/or funds transfer through the Esquire Bank Internet Banking service, or by permitting another to use Esquire Bank Internet Banking on your behalf, you acknowledge receipt of this Agreement and Disclosure and agree to be bound by all terms and conditions contained herein, and all applicable terms and conditions contained in our other agreements with you governing your checking, savings, and loan accounts accessible in connection with this service. You further agree to follow all instructions provided by Esquire Bank Internet Banking as reflected on your computer monitor or other system access screen. Esquire Bank Bill Pay Service is available through our online service the terms and conditions will be available under a separate agreement located on the Bill Payment Web site.

The terms and conditions of this Agreement and Disclosure are in addition to the terms and conditions of any and all other deposit account and credit agreements, including all such disclosures made pursuant to such agreements you have with the Bank.

ACCESS: To use the System, you must have at least one checking, money market or savings account at the Bank, a computer and a communications link or other equipment necessary to access the Internet and an e-mail address. (Internet Browser Requirements: Internet Explorer 5.0 or above, or Netscape Navigator 4.74 or above.) Upon receipt of your enrollment form for Esquire Bank Internet Banking, we will verify your account information and notify you of our acceptance either by email or postal service. The confirmation will include your User Name [All accounts chosen for Esquire Bank Internet Banking must have the same signers. We undertake no obligation to monitor transactions through the System to determine that they are made on behalf of the accountholder.

SYSTEM SERVICES:

Access balance and transaction information on your deposit and loan accounts.
Transfer funds between your checking and savings accounts.
Pay most bills and schedule recurring payments (charges may apply).
Download account transaction history to financial management software such as Microsoft Money® or Quicken®.
Perform wire transfers.
Contact the Client Service Center of Esquire Bank.
Perform ACH transactions

SYSTEM UNAVAILABILITY: Access to Esquire Bank Internet Banking may be unavailable at times for the following reasons: (1) Scheduled Maintenance - There will be necessary periods when systems require maintenance or upgrades; (2) Unscheduled Maintenance - Esquire Bank Internet Banking may be unavailable when unforeseen maintenance is necessary; (3) System Outages - Major unforeseen events, such as, but not limited to, earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages, may cause system unavailability; or, (4) Internet Service Provider - Failure by or unavailability of an Internet Service Provider. We will make all reasonable efforts to ensure the availability of Esquire Bank Internet Banking; however, we are in no way liable for system unavailability or any consequential damages that may result.

YOUR PASSWORD: For security purposes, you are required to change your password upon your initial login to System. You determine what password you will use and the identity of your password is not communicated to us. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters, as this will increase the level of security for your accounts. Your password should not be associated with any commonly known personal identification, such as your social security number, address, birth date, child's name, etc. On the other hand, it should be something that you can memorize, because your access to the System will be revoked upon three unsuccessful attempts to log-on, and you will then have to contact us to regain access to the System. Nevertheless, it is important that you not write your password down, as it could be used on the System by anyone who finds the password. You authorize us to act on instructions received through the System under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.

SECURITY: You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your paper statement for each of your Bank accounts as soon as you receive it. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts through the System. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of all System transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet, and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or e-mail transmitted to and from us, will not be monitored or read by others.

FEES AND CHARGES: You agree to pay the fees and charges for your use of the System as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the Bank checking account designated as the "Primary Checking Account" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of the System.

LIMITS ON TRANSFERS AND TRANSACTIONS: There are no limits on the number or value of transactions you may initiate through Esquire Bank Internet Banking except as stated below, provided collected funds are available in your account. You cannot initiate transfers using Esquire Bank Internet Banking to or from Certificate or IRA accounts, or any restricted accounts. We reserve the right to limit the frequency and dollar amount of any transactions at any time for security reasons.

Transfers will occur on the same business day if made prior to 6 p.m. Eastern Standard Time. Business days are Monday through Friday excluding Holidays.
You will receive confirmation of your transfers as they are made and you may print this confirmation for your records. Your account statement will also reflect all transfers.
All wire requests must be received by 4pm EST. If received later, the wire will be processed the following business day.

OVERDRAFTS (ORDER OF PAYMENTS, TRANSFERS, AND OTHER WITHDRAWALS): If your account does not have sufficient funds to cover all transactions presented for payment or debit transfer on a given business day, currency and other disbursements, such as over the counter withdrawals, withdrawals in the form of cashiers checks, certain Automated Teller Machine or Point of Sale transactions and deposits that are returned from the payor institution unpaid will be given first priority. Whether all items are honored or some or all of them are dishonored, non-sufficient funds charges may be assessed pursuant to the terms of the deposit agreement for that account.

LIMITS ON AMOUNTS AND FREQUENCY OF SYSTEM TRANSACTIONS: The number of transfers from money market and savings are limited pursuant to the terms of the applicable deposit agreement. No more than six payments and transfers are permitted from such accounts per monthly statement cycle, or by use of a debit card at a Point of Sale terminal. For these purposes, "payments and transfers" include all transfers to another of your accounts (including a transaction account) at the Bank or to a third party by means of a:

Preauthorized or automatic transfer. A "preauthorized transfer" includes any arrangement under which we pay a third party from your account based upon written or oral instruction (including an order received through an automated clearing house or any arrangement whereby we pay a third party from your account at a predetermined time or on a fixed schedule).
Transfer made pursuant to a telephone transfer agreement.
Transfer made pursuant to this Internet Banking Agreement.

If you exceed the limitations set forth above, we reserve the right to discontinue your Esquire Bank Internet Banking service.

E-MAIL CAPABILITIES AND LIMITATIONS: The Esquire Bank Internet Banking service includes e-mail capabilities allowing you to send and receive electronic e-mail messages to and from the Bank. The Bank will not immediately receive and review e-mail messages that you send and will NOT process any request for a funds transfer received via e-mail. Further, the Bank may not act upon requests for Stop Payments, requests for replacement passwords, reports of lost or stolen passwords or unauthorized transactions reports of lost or stolen ATM or VISA Cards, or on any other request in which the Bank would normally require written notification or your authorizing signature, without first confirming the authenticity of the e-mail request/notification via telephone. In some instances, written confirmation reflecting your authorizing signature may still be required. The Bank will not take action based on your e-mail requests until the Bank actually receives your message and has a reasonable opportunity to act. If your request requires immediate attention, contact the Bank directly at (800)996-0213

E-MAIL IS NOT SECURE: E-mail transmissions are not secure. We recommend that you do not send us or ask for sensitive information via any general or public e-mail system.

RESPONSES BY E-MAIL: You agree that the Bank may respond to you by e-mail with regard to any non-confidential matter related to Esquire Bank Internet Banking. Any such message we send you shall be considered received with three days of the date sent, regardless of whether you check your e-mail messages within that time frame.

DISCLOSURE OF ACCOUNT INFORMATION AND TRANSFERS: You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to the System. You agree and hereby authorize all of these transfers of information.

PERIODIC STATEMENTS: You will not receive a separate System statement. Payments and transfers to and from your accounts using the System will appear on the respective periodic paper statements for your Bank accounts. These statements will contain information regarding each transaction made under this Agreement, including the amount and date of the transfer or payment, the number of each account involved in the transfer or payment, the payee of each payment, all fees for use of the System, beginning and ending account balances, the address and telephone number to call if you have questions or there are errors on your statement, and other information about your accounts.

CHANGE IN TERMS: We may change any term of this Agreement at any time. Such changes may include, among other things, changes to our fee schedule (including adding new fees where none existed before), and changes in the System Services, addition of new terms to this Agreement or elimination of some of the provisions in this Agreement. If the change will or might result in increased fees for any System Service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we will give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or the System. Our notification of a change in terms will be sent to you by regular mail or e-mail or it will be posted on the Bank’s System website, provided that in the latter instance, we will notify you by e-mail of the existence of the change in terms notice, so that you will know to look for it on the website. If advance notice of the change is not required and disclosure does not jeopardize the security of the account or the System, we will notify you of the change in terms no later than by the 30th day after the change becomes effective. If you decide not to accept a change in terms applicable to the System, you must terminate your enrollment before the change becomes effective. We reserve the right to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, INCLUDING BILL PAYMENTS: Telephone us at (516-535-2006 ex314) or write us at (320 Old Country Rd., Garden City, NY. 11530) as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us:

Tell us your name and account number.
Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
Tell us the dollar amount of the suspected error.
If the suspected error relates to a bill payment made via the System Bill Payment Service, tell us the account number used to pay the bill, the payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen). [ARE THE BILL PAYMENT REFERENCES IN THIS PARAGRAPH CORRECT?]

If you tell us orally by telephone or by e-mail, we may require that you send us your complaint or question in written format by postal mail or fax within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for the actions shall be twenty (20) business days in place of ten (10) business days.

OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER: If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:

If, through no fault of ours, you do not have enough money in your account to make a transfer.
If a legal order directs us to prohibit withdrawals from the account.
If your account is closed, or if it has been frozen.
If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
If any electronic terminal, telecommunication device, or any part of the System is not working properly and you knew about the problem when you started the transfer.
If you have not provided us with complete and correct payment information for the Bill Payment Service[CORRECT REFERENCE?], including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
If you have not properly followed the on-screen instructions for using the System.
If circumstance beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our Agreement with you.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS: Contact us AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to keep your possible losses down. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days, you can lose no more than $50 if someone used your password without your permission.

If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.

Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as along trip or hospital stay) kept you from contacting us, we will extend the time periods. If you believe your password has been lost, stolen, or otherwise compromised, or that someone has transferred or may transfer money from your account without your permission, call (800)996-0213) or write 320 Old Country Road Suite 101Garden City, NY 11530).

RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:

Call us at (800) 996-0213 or write us at 320 Old Country Suite 101, Garden City, NY 11530], in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (We will charge you for each stop-payment order you give in accordance with our fee schedule.)

Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the System services provided to you under this Agreement. We do not and cannot warrant that the System will operate without errors, or that any or all the System services will be available and operational at all times. Consequently, you agree that our liability in connection with your use of the System shall be limited to the circumstances and, where there is an amount limitation, the amount limitation specified above in the event that you incur a loss through your use or someone's unauthorized use of the System to affect your accounts.

TERMINATION AND AUTOMATIC DEACTIVATION OF SERVICE: You may terminate your Esquire Bank Internet Banking service at any time by providing written notice to the Bank and immediately discontinuing use of the service, or by discontinuing use of the service (by not logging on to the service) for a three-consecutive-month period. You are solely responsible for notifying any participating merchants (when applicable) that you have terminated your bill payment transfer capabilities. If you do not utilize the Esquire Bank Internet Banking service (by not logging on to the service) for a three-consecutive-month period, your access to the System will automatically be deactivated. If this occurs and you wish to reactivate your Esquire Bank Internet Banking service, you must contact the Bank by telephone or in person. We reserve the right to require written reapplication before we reactivate your Esquire Bank Internet Banking system access. The Bank may also terminate the Esquire Bank Internet Banking service and this Agreement and Disclosure at any time by giving you advance notification, either orally or in writing. Whether you or the Bank terminates your Esquire Bank Internet Banking Service and this Agreement and Disclosure, the termination shall not affect your obligations under this Agreement and Disclosure for any transfers or payments made prior to termination.

OUR RIGHT TO LIMIT ACCESS TO THE SYSTEM OR TO TERMINATE: You agree that we can terminate or limit your access to the System for any of the following reasons:

Your access to the System may be limited or suspended without prior notice if you have insufficient funds in any one of your Bank accounts to cover a transaction you have initiated. Access to the System may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.

We can terminate your use of the System:

Upon 3-business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
Upon reasonable notice, for any other reason in our sole discretion.

Confidentiality.Your right to privacy is important to us. See our Privacy Statement for a full explanation of our privacy policies. In general, we will not disclose information about your account or the transfers you make except when disclosure is necessary to complete a transfer; when disclosure is requested in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or when disclosure is required to comply with government agency or court orders or is authorized or permitted by law; or when you give us your permission; or as otherwise set forth in our Privacy Statement.

ENFORCEMENT: You agree to be liable to the Bank for any liability, loss, or expense as provided in this Agreement that the Bank incurs as a result of any dispute involving your accounts or services. You authorize the Bank to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce this Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to New York law, to payment by the other party of its reasonable attorneys' fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable, and any such modification shall not affect any other provision of this Agreement.

GOVERNING LAW: This Agreement is made in New York and shall be governed by the laws of the State of New York to the extent that New York Law is not inconsistent with controlling Federal law. You also understand that New York’s "Choice of Law Rules" will not be applied if they would result in the application of non-New York law.

Please retain a copy of this agreement for your records.

By accepting this agreement:

You agree to receipt of the Online Banking Agreement and Electronic Funds Transfer Disclosure and all updates to the Online Banking Agreement and Electronic Funds Transfer Disclosure and to other Online Banking disclosures in electronic form.

You agree to the terms and conditions in the Online Banking Agreement and Electronic Funds Transfer Disclosure.

If you would like to receive this agreement in paper copy please contact us at (800) 996-0213.