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IMPORTANT NOTICE Regarding our Online Banking Agreement June 27, 2018 We have amended the “Online Banking Terms and Conditions Agreement” (“Agreement”) governing your Capital City Bank online banking service. The updated version of the Agreement is attached. It is important for you to carefully read the updated Agreement because it contains significant changes which will have a substantial impact on your online banking service. The updated Agreement supersedes all prior versions and governs your account(s). The changes take effect on July 1, 2018. You have the right to reject the updated Agreement, and therefore not be subject to the changes, by terminating your online banking service within sixty (60) calendar days after you receive this Notice. Notice is deemed given as of the day you receive this Notice upon logging in to the online banking service. You will not be charged fees or penalties for terminating your online banking service if, during the 60-day period, you terminate the online banking service in-person at our Bank office, by contacting our Client Service Center via telephone, or by electronic message via the online banking service because you wish to reject the changes to the Agreement. Continued use of the online banking service following the 60-day period constitutes your acceptance of the changes. If you do not accept the updated Agreement within sixty (60) days of receiving this Notice, your online banking service will be terminated. Please read the updated Agreement in its entirety and retain it for your files. The Agreement may also be viewed within your online banking service. If you have questions regarding the Agreement, please contact your local Capital City Banker (see www.ccbg.com/locations for office hours), call our Client Service Center at 888.671.0400 toll-free (8 a.m. – 6 p.m. Monday through Friday, 9 a.m. to noon Saturday ET) or chat with us at www.ccbg.com (7 a.m. – 10 p.m. Monday through Friday, 9 a.m. to noon Saturday ET). Thank you for choosing Capital City Bank.

www.ccbg.com


ONLINE BANKING TERMS & CONDITIONS Effective July 1, 2018


Table of Contents PART I. DEFINITIONS...................................................................................06 PART II. INTRODUCTION..............................................................................11 A. Registration for Online Banking Service......................................................11 B. Equipment and Technical Requirements.................................................... 12 C. Consent to Contact You About Your Account............................................ 13 D. Confidentiality and Security..................................................................... 14 E. Services and General Information About this Online Banking Service............ 15 F. Fees...................................................................................................... 17 PART III. ONLINE BANKING SERVICE FEATURES........................................... 18 A. Multi-User Administration........................................................................ 18 B. Transfers Between Accounts..................................................................... 19 C. Bill Pay Service....................................................................................... 21 D. Additional Disclosures Related to Transfers Between Accounts and Bill Pay Service.................................................................................24 E. e-Documents.........................................................................................29 F. Stop Payment Requests on Paper Checks..................................................32 G. Mobile Banking......................................................................................33 H. Mobile Deposit......................................................................................33 I. Text Banking..........................................................................................40 J. Alerts.................................................................................................... 41 K. Suspend or Deactivate Debit Card............................................................ 41 L. Loans....................................................................................................42

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PART IV. DISPUTE RESOLUTION; WARRANTIES; LIMITATION OF LIABILITIES... 43 A. Standard of Care; Disclaimer of Warranties............................................... 43 B. Bank’s Exclusion of Liability for Use of the Online Banking Service................ 44 C. Limitation of Liability for Use of the Online Banking Service......................... 45 D. Indemnification, Defense and Liability; Third Party Claims........................... 46 E. Dispute Resolution, Arbitration and Waiver of Jury Trial............................... 46 PART V. NOTICES; GENERAL PROVISIONS................................................... 53 A. Notices................................................................................................ 53 B. Financial and Other Information.............................................................. 54 C. Acceptance of These Terms; Amendments............................................... 54 D. Severability.......................................................................................... 55 E. Enforceability....................................................................................... 55 F.

Ownership and License......................................................................... 55

G. Binding Effect; Limited Assignability........................................................ 56 H. Headings and Interpretation................................................................... 56 I.

Entire Agreement.................................................................................. 56

J.

Governing Law, Venue........................................................................... 56

K. Limited Third-Party Benefit...................................................................... 57 L. Termination.......................................................................................... 57 PART VI. CONCLUSION...........................................................................58

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CAPITAL CITY BANK ONLINE BANKING TERMS AND CONDITIONS AGREEMENT PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY SO YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS FOR YOUR ONLINE BANKING RELATIONSHIP WITH US. IN PARTICULAR, PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION LOCATED IN PART IV: IT WILL IMPACT HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THIS SECTION INCLUDES PROVISIONS WHEREBY YOU AGREE TO (1) SETTLE CLAIMS OR DISPUTES THROUGH BINDING ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT, (2) WAIVE RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY, (3) WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS, AND (4) WAIVE OTHER RIGHTS WHICH YOU MIGHT HAVE UNDER THE LAW. YOUR ACCEPTANCE OF THE AGREEMENT INCLUDES ACCEPTANCE OF THOSE PROVISIONS.

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This Capital City Bank Online Banking Terms and Conditions Agreement (“Online Banking Agreement”) provides information about the Capital City Bank Online Banking electronic banking service for Consumer Accounts and Business Accounts. (“Online Banking Service”). The “Online Banking Service”, includes those services identified in Part II, Section E – Service and General Information About this Online Banking Service as may be amended from time to time. For the purpose of this Online Banking Agreement, “you” and “your” shall refer to the Online Banking Service Users (as defined in Part I, below) requesting our Online Banking Service for a Consumer Account or Business Account, all signors on the Account, and any other person or entity who has an interest in the Account. All actions taken using the Online Banking System for an Account are binding on the Account, on all signors on the Account, and any other person or entity who has an interest in the Account, and each person or entity identified in this sentence is jointly and individually liable for all transactions initiated through the Service, including overdrafts, even if he/she/it did not participate in the transaction that resulted in the obligation. “Bank,” “our,” “us,” or “we” shall refer to Capital City Bank. All references to time of day in this Online Banking Agreement shall be Eastern Standard Time or Daylight Savings Time in the Eastern Time zone (“ET”). This Online Banking Agreement, together with the other documents which comprise the “Agreement” as defined in Part I, sets forth the terms and conditions for the use of the Online Banking Service. In order to begin using the Online Banking Service, each Service Owner, Service Administrator, and Authorized User must agree to the terms and conditions of this Online Banking Agreement by clicking on the “I Accept” box and using the Online Banking Service. This Online Banking Agreement and all documents which comprise the Agreement may be printed by clicking on the Disclosures menu option, then selecting the Online Banking link. Once you enroll for the Online Banking Service, the terms and conditions and disclosures for your Account(s), as well as other agreements you may have received, such as with loans, continue to apply to your Account(s). In the event of a conflict between this Online Banking Agreement and the Account Terms and Conditions Agreement, the Account’s Terms and Conditions Agreement will govern. In the event of a conflict between this Online Banking Agreement and any other agreement, brochure, or insert, this Online Banking Agreement will govern. Capitalized terms are defined in Part I – Definitions or in the Account Terms and Conditions Agreement.

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PART I. DEFINITIONS Accessible Account(s) Any Account(s) that have been made accessible through the Online Banking Service User’s Online Banking Service. Account(s) Any and all Deposit Accounts with Capital City Bank including all Checking Accounts and Savings Accounts. Agreement Includes this Online Banking Agreement, the Capital City Bank Online Banking Processing Schedule and Transaction Limits, the Products & Services brochure, the Other Services & Fees insert, the Account Terms and Conditions Agreement, the Disclosures insert, the Capital City Bank Group Privacy Notice, and any future documents which may govern your Account or Online Banking Service pursuant to notice provided by the Bank to you, all as may be amended from time to time. Authorized User Any individual authorized by any Service Administrator to transact business on your Business Account and access the Online Banking Service, whether or not the Authorized User has signed the Signature Card or other documentation for your Account. Authorized Users may only be designated for Business Accounts that have enrolled in the Multi-User Administration service. Available Balance The balance in your Account after deducting: (1) Deposit(s) that are not yet available for withdrawal under our Funds Availability Policy in the Account Terms and Conditions, (2) Debit Card or other Transactions that we are legally obligated to pay or have already paid out in cash, (3) Pending Transactions including ACH Transactions, and (4) Any holds on your Account, such as holds on funds to comply with court orders or other legal requirements. Bank Related Parties The Bank’s current and former officers, directors, employees, agents, representatives, vendors and other contractors, subcontractors, parent, subsidiaries, affiliates, successors, assigns, insurers, or attorneys. Online Banking Terms and Conditions 6


Bill Payment A payment made to a Bill Pay Payee using the Bill Payment service. Bill Pay Payee The issuer of a bill that is due to be paid by you. Business Any person or entity other than a Consumer maintaining an Account for purposes other than personal, family, or household. Business Days Monday through Friday, not including federal holidays. Check Any written order to pay an amount of money drawn on, payable through or at, or processed by, a bank or other depository institution. If a Check is sent or returned as an electronic image or as a Substitute Check, it is still considered a Check. Consumer Natural person who establishes an Account with the Bank primarily for personal, family, or household purposes. Cut-off Time The time at which a particular Online Banking Service feature will no longer be processed on each Business Day. All Online Banking Service Cut-off Times can be found on the Capital City Bank Online Banking Processing Schedule and Transaction Limits within the Online Banking Service. We reserve the right to change any Online Banking Service Cut-off Time. Any change shall be effective immediately and may be implemented without advance notice thereof. You may contact Bank at any time to verify the Online Banking Service Cut-Off Times. Debit Card A plastic Capital City Bank card which is used by an Account holder to obtain funds or transfer funds from the Account holder’s Account maintained at the Bank to a retailer, and which is used to pay for retail purchases without the necessity to write a Check or other paper entry.

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e-Documents All documents delivered to you electronically via the Online Banking Service including all statements, notices, disclosures, promotional materials, newsletters, and other such items regarding Bank products and services. External Deposit Account (External Account) Deposit Accounts at other financial institutions to and from which funds transfers may be made. Funding Account(s) The Accessible Account(s) used for the initiation of transfers or Bill Payments. Handheld Device A mobile device used to access the Online Banking Service including a cellular or mobile telephone, tablet computer, or personal digital assistant (PDA), which must have the appropriate software requirements as specified by the Bank from time to time. Hold Amount Funds in an Account that are temporarily unavailable for withdrawal due to our Funds Availability Policy, court order or other legal requirements. Loans A loan made by the Bank to a Consumer or Business. Online Banking Service The electronic banking services for Consumer Accounts and Business Accounts identified in Part II, Section E – Service and General Information About this Online Banking Service, as may be amended from time to time. Online Banking Service Users Collectively the Service Owner and all Service Administrators or Authorized Users authorized to access the Online Banking Service. Overdraft An Account balance, excluding any deposits made that are not yet available and any holds on the Account, is less than $0 or the Available Balance is not sufficient to pay all the Items that have been presented to the Bank on a Business Day. Online Banking Terms and Conditions 8


Pending Transaction A Transaction that has been submitted for processing but has not posted to an Account. Pending Transactions may or may not be reflected tentatively in the Account Available Balance, which is subject to change as Items clear an Account. Personal Computer Equipment used to access the Online Banking Service, which must have the appropriate software requirements as specified by the Bank from time-to-time. Process Date Date selected in our Bill Pay Service as the date upon which payment should be sent to a Bill Pay Payee. Prohibited Check A Check (as defined in Federal Reserve Regulation CC (“Reg. CC”)) that is not eligible for deposit using the Mobile Deposit feature within the Online Banking Service. Refer to Part III, Section H – Mobile Deposits for a list of Prohibited Checks or other items which shall be considered ineligible for Mobile Deposit. Receiving Account(s) The Accessible Account(s) which receive funds that are being transferred from a Funding Account. Secure Access Code A one-time code used to verify the identity of the person accessing the Online Banking Service and sent to an e-mail address, mobile telephone number via SMS (text) message, or telephone number via automated voice message that is on file for the Online Banking Service. Service Administrator The Service Owner or any individual authorized by the Service Owner to transact business on your Business Account, access the Online Banking Service, and appoint and designate Authorized Users, whether or not the Service Administrator has signed the Signature Card or other documentation for your Account. A Service Administrator may only be designated for Business Accounts that have enrolled in the Multi-User Administration service. A Service Administrator will be designated by the Service Owner or another Service Administrator. Online Banking Terms and Conditions 9


Service Owner Any individual who is an Account signor on a Consumer Account who enrolls in the Online Banking Service or the Account signor on a Business Account who enrolls in the Online Banking Service. Each signor on a Consumer Account may request our Online Banking Service and each will be the Service Owner of his/her Consumer Online Banking Service. Only one signor on a Business Account may request our Online Banking Service and that signor will be designated as the Service Owner of the Business Online Banking Service. Where a Business Account has multiple signors, the first signor to request our Online Banking Service will be designated the Service Owner. Stop Payment Request A request to the Bank to cancel a Check drawn on the Account that has not yet been processed by the recipient. Transaction Any banking transaction, including a deposit, withdrawal, transfer or purchase, that is initiated in-person or through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a debit or credit to an Account.

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PART II. INTRODUCTION A. Registration for Online Banking Service Any signor on a Consumer Account or Business Account may request the Online Banking Service by clicking on the “Signup for online banking” link located on Capital City Bank’s homepage (www.ccbg.com) or by visiting one of our office locations. All actions taken using the Online Banking System for an Account are binding on the Account, on all signors on the Account, and any other person or entity who has an interest in the Account, and each person or entity identified in this sentence is jointly and individually liable for all transactions initiated through the Service, including overdrafts, even if he/she/it did not participate in the transaction that resulted in the obligation. For a Consumer Account, each signor on the Account may request our Online Banking Service and each will be the Service Owner of his/her Consumer Online Banking Service. For each Business Account, only one signor on the Account may request our Online Banking Service and that signor will be designated the Service Owner of the Business’ Online Banking Service. Where a Business Account has multiple Account signors, the first signor to request our Online Banking Service will be designated the Service Owner. Requests for this Online Banking Service are subject to approval by the Bank, including the requirement that you have an Account in good standing with the Bank. The Service Owner will receive view-only access to one or all of your Accounts within the Online Banking Service until he/she has been approved for a fully featured Online Banking Service. The following account ownership categories (as defined in the Account Terms and Conditions Agreement) are eligible for the Online Banking Service with the exceptions noted below: • Individual/Single Party Accounts (including individual/single party Pay-on-Death Accounts) • Joint/Multi Party Accounts (including joint/multi party Pay-on-Death Accounts) • Agency and Fiduciary Accounts (including Accounts under the Uniform Transfers to Minors Act) will qualify for the Online Banking Service depending on the type of Fiduciary Account and access authority. In some cases, these Accounts will Online Banking Terms and Conditions 11


have view-only or limited access. All Online Banking Service features may not be available for all types of Fiduciary Accounts. • Business/Commercial Accounts will qualify for the Online Banking Service, which may consist of Accounts owned by more than one person or entity. Business Account holders may, in accordance with Bank’s procedures, request that an affiliate of the Business be added to the Online Banking Service in order to provide the Business owner and its affiliate access to Accounts owned by the Business. All Online Banking Service features may not be available for all types of Business/Commercial Accounts. B. Equipment and Technical Requirements In order to use this Online Banking Service, you must obtain and maintain, at your sole cost and expense, hardware and software that meets all technical requirements, as specified by the Bank from time to time, for the proper delivery of the Online Banking Service and that fulfills your obligation to obtain and maintain secure access to the internet. The Bank is not responsible for any third-party software you may need to use this Online Banking Service. Any such software is accepted “as is” and is subject to the terms and conditions of the software agreement you entered into directly with the third-party software provider at time of download and installation. You are responsible for (i) the operation, maintenance and updating of all equipment, software and services used in connection with the Online Banking Service and the cost thereof, and related security procedures that you adopt and follow, including data security protection, firewalls and anti-virus software, (ii) securing, encrypting, protecting and otherwise safeguarding the data owned by you, (iii) promptly performing, or causing to be performed, all vendor recommended maintenance, repairs, upgrades and replacements, and (iv) scanning your Personal Computer and Handheld Device hardware and software on a regular basis using a reliable computer virus detection product in order to detect and remove computer viruses. The hardware and software you use may be subject to unauthorized tracking or other manipulation by “spyware” or other malicious code, and your use of your hardware and software is at your own risk. The Online Banking Service may not be compatible with all Handheld Devices and Personal Computers.

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You may also incur, and are responsible for the payment of, any and all expenses related to the use of the Online Banking Service, including telephone, mobile data, or internet service charges. You are solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of the Online Banking Service. In addition to the service fees, you agree to pay all taxes, tariffs, and assessments levied or imposed by any government agency in connection with the Online Banking Service, the Agreement, or the software or equipment made available to you (excluding any income tax payable by Bank). You are also responsible for the costs of any communication lines and any data processing charges payable to third parties. Standard data and mobile telephone rates from your wireless provider may still apply. You may be charged access rates depending on your carrier. Please contact your Handheld Device carrier for additional information. To access this Online Banking Service and to perform Transactions, you must have internet access with a web browser that supports commercially reasonable security technology that complies with current applicable regulatory guidelines. You acknowledge that access to this Online Banking Service and the availability of services hereunder is at all times conditioned upon the availability of the computer services, software, and system used to communicate your instructions and Bank’s responses. C. Consent to Contact You About Your Account In order for the Bank to service your Account or collect any amount you owe, you agree that we may contact you by telephone, text, e-mail, or mail. We are permitted to use any address, telephone number, or e-mail address you provide. You agree to provide accurate and current contact information and only give the Bank telephone numbers, mailing addresses, and e-mail addresses that belong to you. When you give the Bank a telephone number, you are providing your express consent permitting the Bank (and any party acting on behalf of the Bank) to contact you at the telephone number you provide. We may call you and send you text messages. When we call you, you agree that we may leave prerecorded or artificial voice messages. You also agree that we may use automatic telephone dialing systems in connection with calls or text messages sent to any telephone number you give the Bank, even if the telephone number is a mobile, including when we send a Secure Access Code to your mobile telephone number via SMS (text) message or via automated voice message. You agree to notify the Bank immediately if you change or relinquish any address, telephone number, or e-mail address previously provided to the Bank. Online Banking Terms and Conditions 13


D. Confidentiality and Security The Bank recommends that Online Banking Service Users protect their credentials for the Online Banking Service. Using a unique and strong password which is changed regularly will help to protect sensitive information. Online Banking Service Users should not use this application or any other online banking application in a public Wi-Fi setting. Failure to protect your hardware and security credentials may allow an unauthorized party access. All uses through this Online Banking Service will be deemed authorized and binding upon you. Neither we, nor any of our vendors, assume responsibility for disclosure of Account information determined to be caused by the Online Banking Service Users’ failure to exercise reasonable care. Use good judgment and discretion when using the Online Banking Service. For more information on protecting your Account from unauthorized activity, please visit our website: https://www.ccbg.com/protect-yourself-from-fraud.htm. The Online Banking Service log in is found on Capital City Bank’s home page www.ccbg.com. Online Banking Service Users may log in to the Online Banking Service from their Personal Computer or Handheld Device using a mobile browser or the CCBMobile application. To log in, each Online Banking Service User will need his/her Online Banking Service username and password. Input of a Secure Access Code, along with the user name and password, is required at first log in and any time an Online Banking Service User registers a device to keep from needing a Secure Access Code the next time they log in. You agree that all usernames and passwords, and any Secure Access Codes, provided to each Online Banking Service User by the Bank in connection with this Online Banking Service are confidential and should not be disclosed to third parties. The use of usernames, passwords, and Secure Access Codes is a security procedure established by Bank to authenticate the identity of the person attempting to gain access to the Online Banking Service. This security procedure is not designed for the detection of errors and we may require any Online Banking Service User to change his/her username and password from time to time for security reasons. Each Online Banking Service User agrees to keep his/her username, password, and Secure Access Codes protected, secure, and strictly confidential. Each Online Banking Service User agrees not to disclose or provide his/her username, password, or Secure Access Codes to any unauthorized person. You also agree that no one involved with the Online Banking Service shall share usernames, passwords, or Secure Access Codes with each other. Each Online Banking Service User will be Online Banking Terms and Conditions 14


asked to create his/her password the first time he/she access this Online Banking Service. Each Online Banking Service User has the option at any time to reset his/ her password. You agree to notify the Bank immediately if any Online Banking Service User believes his/her username, password, or Secure Access Codes have become known by an unauthorized person or have been lost or stolen, or that someone has made Bill Payments, transferred money, or used the Online Banking Service without his/her permission. If you or any Online Banking Service User fails to maintain the confidentiality and security of the Online Banking Service, you are liable for all transactions. You agree to comply at all times with our secure login procedures established for access to your Account via the Online Banking Service and to safeguard the confidentiality and security and all other proprietary property or confidential information Bank provides to Online Banking Service Users in connection with the Online Banking Service, and to notify Bank immediately if you have any reason to believe the security or confidentiality has been or may be breached. You agree the Bank has no control as to the persons who have access to an Online Banking Service Users’ Personal Computer, Handheld Device, username, password, or Secure Access Codes. You agree it is the Online Banking Service Users’ responsibility to initiate and maintain adequate procedures to prevent any unauthorized access to your Account via the Online Banking Service, and their username, password, Personal Computer, and Handheld Device. You agree that these security procedures stated in the Agreement are commercially reasonable for the purposes of authenticating your Transactions and preventing unauthorized access to the Online Banking Service and your Account(s). E. Services and General Information About this Online Banking Service Subject to the Agreement, the Online Banking Service Users may generally use this Online Banking Service anytime, day or night, seven (7) days a week. The following functions may be performed when using this Online Banking Service: 1.

Obtain information on Accessible Checking, Savings, Money Market, and Certificates of Deposit such as balance inquiries, Transactions, Check images, and statements via Personal Computer or Handheld Device.

2.

Change Online Banking Service usernames and passwords, as well as resetting passwords. Online Banking Terms and Conditions 15


3.

Send electronic messages to the Bank and receive electronic messages from the Bank.

4.

Chat online with a Capital City Bank banker during available hours.

5.

Designate a Service Administrator and Authorized Users (Business Accounts only).

6.

Transfer funds electronically between Accessible Accounts at the Bank.

7.

Make Client-to-Client transfers to other Capital City Bank Consumer Account holders or Business Account holders using this Online Banking Service.

8.

Make external Bank-to-Bank Transfers to Consumer Accounts you maintain at other financial institutions. (Businesses are not eligible for the Bank-to-Bank Transfer feature).

9.

Access Accessible Checking Account(s) to pay most bills using our Bill Pay Service.

10. Receive e-Documents including statements with Check images and notices, which can be viewed, saved to your computer, or printed. 11. Submit Stop Payment Requests on paper Checks. 12. Access Account information from a Handheld Device either on a mobile web browser or the CCBMobile application. 13. Make mobile deposits to Accessible Checking, Savings, or Money Market Accounts via a Handheld Device. 14. Enroll in Text Banking to request and receive Account information via a SMS text message. 15. Establish Alerts, such as date alerts, Account alerts, online transaction alerts, and security alerts. 16. Suspend or deactivate a Debit Card, if lost or stolen.

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F. Fees As described in the Agreement, some of the services and features available in our Online Banking Service are fee based. These fee amounts are subject to change from time to time. In addition to the fees described in the Agreement, the Bank reserves the right to implement additional fees related to the services and features available on the Online Banking Service. Refer to the Bank’s most current Products & Services booklet, Disclosures insert, and Other Services & Fees insert for a complete listing of the fees related to your Account and Online Banking Service. You authorize the Bank to deduct any such fees from any Capital City Bank Account in your name, even if such deduction causes an Overdraft in the Account.

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PART III. O  NLINE BANKING SERVICE FEATURES Part III explains features of the Online Banking Service. All of these features are available by using a Personal Computer (PC) or most Handheld Devices with an internet connection. A. Multi-User Administration Our Online Banking Service Multi-User Administration feature is available to Accessible Business Accounts only on an approval basis. The Multi-User Administration feature is a fee-based option requiring the completion of an online enrollment form whereby the Service Owner designates a Service Administrator and designates a primary Account for billing purposes. The Service Owner may designate themselves as the Service Administrator. The Service Administrator will be authorized and responsible for (i) creating and maintaining Authorized Users on your behalf, and (ii) assigning and revoking Authorized User usernames, passwords, and access privileges. We will provide the Service Owner’s designated Service Administrator(s) with a username and password for the Online Banking Service through United States postal mail, e-mail, or other delivery service selected by the Bank at our option. You acknowledge that any Service Administrator will have the ability to control security levels such as Online Banking Service access and Online Banking Service Transaction limits, including the ability to assign dollar amount limits to transfers of funds, create Bill Pay Payees and payments, or utilize any of the features available within this Online Banking Service. By enrolling in our Multi-User Administration feature, you agree that the Service Administrator may provide administrative privileges identical to that of the Service Administrator to any Authorized User, including the ability to create and maintain subsequent Authorized Users and assign and revoke access privileges. If the ability to create and maintain subsequent Authorized Users and assign and revoke access privileges is granted by the Service Administrator to an Authorized User, that Authorized User will also be considered a Service Administrator. You also agree that the Service Administrator or any Authorized User shall also have the authority on your behalf to electronically accept and approve any and all agreements and amendments to agreements by and between the Bank and you, including the Agreement. You agree that Bank may act upon any oral or written

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instructions that Bank receives and believes in good faith to have been given by the Service Administrator or Authorized User, including instructions sent by e-mail or other electronic method. Refer to the current Products & Services booklet, Disclosures insert, and Other Services & Fees insert for a complete listing of fees related to your Accounts and the Online Banking Service. B. Transfers Between Accounts There are different types of fund transfer functions available via this Online Banking Service described as follows. We have Cut-off Times for processing funds transfers which differ depending on whether the transfer is dated the same day or for a future date. To verify current Cut-off times, contact a Bank associate at the closest Bank office, by mail, telephone, or website. We may treat funds transfers we receive after a Cut-off Time as if received the next Business Day. Internal Account Transfers: These are funds transfers that are scheduled between Accessible Accounts. Client-to-Client Transfers: These are funds transfers that are scheduled between an Accessible Account and another Bank account holder’s Accessible Account using the Online Banking Service. Online Banking Service Users will need to provide the recipient’s e-mail address and the last four digits of the recipient’s account number with Bank. Online Banking Service Users may create recurring transfers, future-dated transfers or more than one transfer to another account holder by selecting the “Link Account” feature linking the Account via the Client-to-Client menu option. Consumer Bank-to-Bank (External Account) Transfers: These are funds transfers that are scheduled between a Consumer’s Accessible Account and certain External Deposit Accounts at other financial institutions. Online Banking Service Users shall only enroll External Accounts for which you have the authority to transfer funds into (credit) and out of (debit). Bank-to-bank transfers are subject to certain dollar limits and a service fee will be charged for each outbound and inbound Transfer submitted for processing. Refer to the Capital City Bank Online Banking Processing Schedule and Transaction Limits located within the Online Banking Service under the Disclosure menu option for specific dollar limits. The Bank-to-bank Transfer feature is available for Consumer use only and is not intended for Business Account holders. The Bank offers Business Account holders other similar products designed for Business use Online Banking Terms and Conditions 19


(ask a banker for details). In the event the Bank becomes aware that Business Accounts are being used to conduct transfers utilizing this Online Banking Service, you agree that the Bank has the right to terminate use of Bank-to-bank Transfers. Outbound Transfers move funds from a Funding Account to an External Account. Your Funding Account will be debited on the day the Outbound Transfer is made. The External Account will be credited according to the receiving bank’s availability and transaction processing schedule, which typically takes between one (1) to three (3) Business Days. Outbound Transfers conducted from your Savings or Money Market Account(s), are limited to six pre-authorized Transfers per calendar month or monthly statement period. Each Outbound Transfer made using the Bank-to-bank Transfer Service is counted as one of the six limited Transfers you are permitted each calendar month or monthly statement period regardless of whether or not the External Account is owned by you. For more information on these Accounts, including the applicable time and transfer limitations on Savings and Money Market Account(s), please refer to the Products & Services booklet and Disclosures insert. Inbound Transfers move funds into a Receiving Account from an External Account. Your Account will be credited on the day the Inbound Transfer is processed, and the funds will be subject to holds. Your External Account will be debited according to the transaction processing schedule of the other financial institution. Inbound Transfer functionality is subject to Bank approval and may be requested by contacting a banker. Bank is not liable for any third-party service fees or late charges levied against you in the event a Transfer fails or does not occur. You are responsible for any loss or penalty that you incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your Account. Online Banking Service Users must enroll each of your External Accounts that you wish to use for this Bank-to-bank Transfer Service. Your right to enroll and use this service is subject to Bank’s approval and acceptance. All External Accounts requested to be used as part of this Bank-to-bank Transfer Service will be verified in accordance with Bank procedures. The verification process must be completed prior to using the Bank-to-bank Transfer Service. Two micro deposits will be generated and sent to your External Account (typically within five (5) Business Days). Micro deposits are random deposits in amounts less than $1. When you have received these two micro deposits in your External Account, Online Banking Terms and Conditions 20


make note of both amounts because you will need them to complete the verification process. If the micro deposits do not appear in your External Account within the typical timeframe, contact your other financial institution to verify you are using the correct routing number as some institutions do not use a single number for all account types or may not allow electronic deposits from an External Account. Outbound Transfers returned by the receiving bank will be credited to the Funding Account from which the transfer was initiated. Inbound Transfers returned by the other financial institution (i.e. – insufficient funds, account not found) will be debited from your Account. You agree to receive electronic notification of any returned Transfers through the Online Banking Service Message Center. All returned Bank-tobank Transfers will be subject to a fee. C. Bill Pay Service In order to pay bills using the Online Banking Service, Online Banking Service Users must first enroll in Bill Pay and establish your Bill Pay Payees by selecting the “All Bill Pay Options” link within the Online Banking Service. Both Business and Consumer Accessible Checking Accounts are eligible for Bill Pay Service. Business Accounts enrolled in Multi-User Administration and using our standard Bill Pay service must designate an Online Banking Service User with the authority to make Bill Payments. An Online Banking Service User may use Bill Pay to request payment of bills selected from the Available Balance available in the designated Accessible Checking Accounts. To pay a bill via Bill Pay, an Online Banking Service User must provide the Bank with a payment request detailing the payment to be made from the designated Accessible Checking Account. When a payment request is sent via the Online Banking Service, we are authorized to debit the designated Accessible Checking Account and transmit the payment in the amount chosen on the date selected to the Bill Pay Payee. By adding a Bill Pay Payee or maintaining a Bill Pay Payee list, even if no payments are scheduled, you are electing to use our Bill Pay Service. Business Bill Pay Service. Only the designated Online Banking Service User may make Bill Payments on our standard Bill Pay Service. Service Owners and Service Administrators on Business Checking Accounts enrolled in Multi-User Administration have the option to upgrade their Bill Pay Service to our Business Bill Pay Service. This option allows the Service Administrator the ability to authorize additional Authorized Users to make Bill Pay Payments. The Business Bill Pay Service includes Online Banking Terms and Conditions 21


other available options that may be requested by contacting a banker. Business Bill Pay is a fee-based service requiring the completion of an enrollment form and the designation of a primary Account for billing purposes. Setting Up Bill Pay Payees and Payment Requests. For both Consumer and Business Checking Accounts, Bill Payments may be made to most of the following types of payees: a company (e.g., credit card, utilities or cable), a person (e.g., a friend, relative) or a bank or credit union (e.g., loan, credit card). For each Bill Pay Payee, an Online Banking Service User must enter the following information in order to initiate a payment via the Bill Pay Service. • The correct payee name and payee address (including city, state and zip code) • If a payee has an assigned account number regarding the bill, that account number where specified. • The amount to be paid to each Bill Pay Payee. The Bank may limit the amount of each individual payment request or the aggregate daily amount of all payment requests. Refer to the Capital City Bank Online Banking Processing Schedule and Transaction Limits located within the Online Banking Service under the Disclosure menu option for specific transaction limits. • Indicate which Accessible Checking Account to charge for each payment if there is more than one Accessible Checking Account. • Enter the date on which the payment should be sent (the “Process Date”). The Bill Pay Service provides an estimated date of delivery for each Bill Pay Payee which is controlled by the Process Date selected by an Online Banking Service User and the method of delivery selected by the Bank. As such, you bear responsibility for timely entering a payment request and selecting a Process Date that will result in a corresponding estimated date of delivery far enough in advance of the due date to ensure timely payment. We shall have no responsibility for failure to timely schedule a Process Date with a corresponding estimated date of delivery sufficiently in advance to ensure timely payment. For these reasons, an Online Banking Service User should enter a payment request and schedule a Process Date with a corresponding date of delivery no less than five (5) Business Days in advance of the date the payment is actually due. • A payment submitted after the Bill Pay Cut-off Time will be processed on the next Business Day. Online Banking Terms and Conditions 22


Bill Pay Delivery. We reserve the right to select the method by which funds are remitted to the Bill Pay Payee via our Bill Pay Service. We may remit payments by electronic, paper or such other means as we deem appropriate in our sole discretion. Online Banking Service Users have the option of sending Bill Payments via “rush delivery” as detailed within the Online Banking Service. There may be an additional fee associated with the use of the “rush delivery” option, which will be disclosed at the time an Online Banking Service User chooses this delivery method. For payments delivered by mail, the date on which a payment is credited by the Bill Pay Payee depends upon the promptness and reliability of the U.S. Postal Service and the Bill Pay Payee’s payment processing procedures. We will not be responsible for delays in crediting payments which are the result of a failure to follow a Bill Pay Payee’s payment requirements, for an Online Banking Service User’s failure to timely schedule a Process Date with a corresponding date of delivery sufficiently in advance of the date a payment is due, for delays in any mail service, or other exceptions stated in Part III, Section D – Additional Disclosures Related to Transfers and Bill Pay Service, Available Funds. eBill Service. The eBill service enables Online Banking Service Users to access your billing information from as many of your Bill Pay Payees as requested, provided that these Bill Pay Payees make this information available in an acceptable manner for online retrieval. By enrolling in eBill you must also agree to the Terms of Use provided by our third-party Bill Pay vendor or the Bill Pay Payees governing the terms of their service. Bill Pay Payee Restrictions. We cannot schedule payment requests to payees located outside the United States or any of its territories. Online Banking Service Users must not schedule payments otherwise prohibited by law. Exception Payments. The following types of payments are strongly discouraged: • Court-ordered payments (including child support payments or traffic tickets) • Tax payments and other governmental fees • Payments to settle securities purchases In no event shall the Bank be liable for any claims or damages resulting from requesting and scheduling payments of the above type. We have no obligation to research or resolve any claim resulting from scheduling one of these types of payments. Online Banking Terms and Conditions 23


Errors. We are not responsible for detecting any error contained in any payment request or Bill Pay Payee information entered by an Online Banking Service User or for any payment request not timely received by Bank via the Online Banking Service. All research and resolution for any misapplied, posting errors or misdirected payments for these types of payments are your responsibility. Change or Delete Payments. Online Banking Service Users may delete a nonrecurring payment (a single payment scheduled to process the next time Bank transmits payments) or a recurring payment (a payment scheduled to process weekly, semi-monthly, monthly, yearly, or other recurring payment) up to the Bill Pay Cut-off Time. (Note: Modification of a recurring payment instruction will affect future payments associated with that payment). Stop Payment Requests. A Stop Payment Request cannot be placed on (i) an electronic Bill Payment once payment is sent; or (ii) any point-of-sale electronic transaction with a Debit Card. However, a Stop Payment Request can be placed on a Bill Payment made by Check any time prior to the day such Check has been paid or certified. See Part III, Section F – Stop Payment Requests on Paper Checks. D. Additional Disclosures Related to Transfers Between Accounts and Bill Pay Service Verification – Confirmation Message. Upon scheduling or performing a single or recurring transfer or Bill Payment using our Online Banking Service, a confirmation message will be displayed. Online Banking Service Users may review all Transaction details on the Online Banking Service. No printed receipts are issued through the Online Banking Service. Non-Recurring and Recurring Transfers or Bill Payments. Online Banking Service Users may authorize non-recurring transfers or Bill Payments or recurring transfers or Bill Payments. Non-Recurring Transfer or Bill Payment is a single (current date or future dated), one-time transfer or Bill Payment to a specified Account or Bill Pay Payee. A nonrecurring transfer or Bill Payment can be scheduled as described above. Recurring Transfer or Bill Payment is a transfer or Bill Payment to a specified Account or Bill Pay Payee which will repeat per the transfer or Bill Payment request instructions given. For example, an Online Banking Service User may Online Banking Terms and Conditions 24


schedule a series of transfers or Bill Payments on a weekly, monthly, or yearly basis or such other periodic basis as permitted by the Online Banking Service. When a recurring transfer or Bill Payment is processed, it is automatically rescheduled for the next periodic transfer or Bill Payment per the payment instructions. Based upon the selected frequency settings for the transfer or Bill Payment, the Process Date is calculated for the next occurrence. For Bill Payments, if the calculated Process Date is not a Business Day, Online Banking Service Users have the option to choose during original Bill Pay Payee set up if they want the payment to be paid before or after the holiday or weekend. For transfers, if the scheduled transfer date falls on a non-Business Day it will be processed on the Business Day before the holiday or weekend. Available Funds. Online Banking Service Users must ensure that you have funds on deposit in the Funding Account selected for transfer or payment in amounts sufficient to pay any transfer or payment request, as well as any other payment obligations you have with us. For Bill Payments, if sufficient funds are not available on the Processing Date for a future dated or recurring electronic Bill Payment, we will attempt to process the payment each Business Day for five (5) consecutive Business Days, after which time, if sufficient funds are not available, the Bill Payment will be canceled. For transfers, if sufficient funds are not available on the scheduled transfer date, the transfer will be canceled. We reserve the right to reject or reverse any transfer or Bill Payment if you do not have sufficient funds in the Funding Account selected for transfer or payment. You further agree that we, in our sole discretion, may charge any of your Accounts at the Bank to cover transfer or payment obligations even if a charge may create an Overdraft for which we may assess Overdraft fees. If we elect to pay a Bill Payment or process a transfer that creates an overdrawn balance, you agree to deposit sufficient funds to cover the Overdraft into the Accessible Account by the close of that Business Day. Any Overdraft existing at the close of a Business Day is immediately due and payable without notice or demand. If we elect to pay a Bill Payment or process a transfer that creates an Overdraft in your Account on one or more occasions, we are not obligated to do so in the future. Refer to the Account Terms and Conditions Agreement for information regarding how the Bank processes and posts credits and debits on your Account.

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Transfer and Bill Payment Amount Restrictions. We may limit the amount of each individual transfer or Bill Payment request or the aggregate daily amount of all transfers and Bill Payment requests. Documentation – Periodic Statements; Reporting Errors. Information concerning transfers or Bill Payments will be shown on your statement for the Accessible Account(s) from which transfers and Bill Payments are made. Any problem or errors related to electronic fund transfers (including client-to-client transfers, external transfers, and Bill pay) must be reported to the Bank within sixty (60) days of the first statement reflecting the problem or error. All other problems or errors (including discrepancies, forgeries, unauthorized transactions, unauthorized signatures, unauthorized endorsements, missing endorsements, or any alterations or counterfeit items) that appear on your statement must be reported within thirty (30) days from the statement date. Please refer to Part III, Section E– e-Documents and the Account Terms and Conditions Agreement for further information regarding your duty to notify the Bank of any problems or errors on your statements and the effect on the Bank’s liability to you if you fail to provide timely notice. Authorization to Charge Accounts: You authorize the Bank to charge your Funding Account(s), or any other Account(s) at the Bank, for any transactions accomplished through the use of this Online Banking Service for Bill Payments or transfers, including the amount of any bill payment or transfer, plus any service charges. You authorize the Bank to process Bill Payments and to transfer funds according to the instructions received by the Bank through this Online Banking Service. You authorize the Bank to initiate any reversing entry or correcting entry and to debit your Accounts at the Bank, or elsewhere, in order to correct any mistaken entry. You agree that if a Bill Payment or transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person other than the named beneficiary. Further, the Bank and any financial institution or merchant to which a Bill Payment or transfer request is forwarded may rely on any identification number supplied by an Online Banking Service User as a means to identify any other financial institution or merchant, even if the identification number is other than that of the financial institution or merchant named by an Online Banking Service User. Your obligation to pay the amount of the Bill Payment or transfer to the Bank is not excused in such circumstances. Online Banking Terms and Conditions 26


Bank’s Liability. Bank shall not be liable in any way for damages you incur related to a transfer or Bill Payment if: • The Available Balance in your Account(s) was/were insufficient to make the Bill Payments or transfers; • The incorrect account number(s) for the Funding Account(s) or Receiving Account(s) was/were given when the transfer was initiated; • The incorrect bank routing number(s) for the Funding Account(s) or Receiving Account(s) was/were given when the transfer was initiated; • The estimated time of delivery to the Bill Pay Payee was inaccurate; • There was a delay in the mail delivery of the Bill Payment; • There was a Bill Pay Payee change of address or account number; • The Bill Pay Payee failed to apply the payment in a timely manner; • A court order or legal process prevented the Bank from making a Bill Payment or transfer; • An Online Banking Service User previously reported that an Online Banking Service password was stolen or reported the unauthorized use of an Online Banking Service password or Accessible Account. • If the Bank had a reasonable basis for suspecting the unauthorized use of an Online Banking Service password or an Accessible Account • You were in default under the Agreement or any agreement with the Bank, or if the Bank or you terminated the Agreement; • The equipment, telephone lines, or computer systems were not working properly or were temporarily unavailable;

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• To the extent not prohibited by applicable regulations, any other circumstance which were beyond our reasonable control or any circumstance if attributable, in whole or in part, to you or to third parties. • The Bank decided, in good faith, to reject or not to process a transfer for any reason, or if we reasonably believed there was the commencement of any proceeding by or against you involving bankruptcy, reorganization, receivership, insolvency, or any other insolvency law or laws providing for the relief of debtors. Refer to the current Products & Services booklet, Disclosure insert, and Other Services & Fees insert for a complete listing of fees related to your Accounts and the Online Banking Service.

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E. e-Documents Description of e-Documents. Through this Online Banking Service, the Bank offers the electronic delivery of e-Documents for Accessible Accounts, as may be determined by the Bank in its sole discretion, allowing an Online Banking Service User to replace mailed (paper) statements and Account documents with an electronic version (PDF) that can be viewed, saved to a computer or printed. With the electronic delivery of statements, an Online Banking Service User will also have the option to receive Check images with the electronic statement. Enrollment Process for the Delivery of e-Documents. You have the right to receive Account statements, notices, and disclosures in paper form. On a jointly owned Consumer Account, only one Account holder at a time is permitted to enroll in the e-Documents service through his/her Online Banking Service. On a Business Account, only one Online Banking Service User at a time is permitted to enroll in the e-Documents service. For both Consumer Accounts and Business Accounts, the first Online Banking Service User on the Accessible Account to enroll in e-Documents will be granted access to the e-Documents service. When an Online Banking Service User enrolls in the Online Banking Service through our website using our Online Banking Enrollment option (i) he/she agrees to receive correspondence such as Bank statements, the Capital City Bank Group Privacy Notice, Account notices, and any change in terms notices delivered to the Online Banking Service electronically, and (ii) he/she waives the right to receive these documents in paper form. To opt out of this electronic delivery method, please refer to the Change in e-Documents Delivery Method information below. An Online Banking Service User may choose any or all of the Accessible Accounts which are displayed via the Online Banking Service for the receipt of any e-Document. When an Online Banking Service User selects the e-Documents delivery option with respect to an Accessible Account, the mailing of paper notices or statements will be discontinued. You agree that delivery of an e-Document to any Account owner, an authorized signatory, or Online Banking Service User via the Online Banking Service constitutes notice to all Account owners, authorized signatories, or Online Banking Service Users. Online Banking Service Users may set up the delivery of e-Documents to an additional recipient who is or is not an Account owner, an authorized signatory, or an Online Banking Service User. It is your responsibility to authorize and manage Online Banking Terms and Conditions 29


the delivery of your e-Documents to all such additional recipients. Online Banking Service Users must assign a username, e-mail address, and access PIN to any additional person they wish to designate as an additional recipient, and you accept the responsibility for any misuse of the information. If your regularly scheduled paper statements or Account documents are generated within 24 hours of enrollment in this Online Banking Service, the first e-Document will be received via the Online Banking Service at the next regularly scheduled printing or cycle. Once an Online Banking Service User agrees to the delivery of e-Documents, you also agree to receive through the Online Banking Service any notices, amendments to the Online Banking Agreement, disclosures, promotional materials, newsletters, and other such items regarding the Bank’s products and services, which normally may be included with the paper versions of your documents. Delivery and Availability of e-Documents. The Bank will send an Online Banking Service User a notice via e-mail to the last e-mail address designated by he/she to advise that an e-Document has been delivered to the Online Banking Service. While enrolled in the delivery of e-Documents, all e-Documents may be printed or saved to a file on a computer. You are responsible for storing all downloaded e-Documents in a safe and secure manner in order to prevent unauthorized access to such stored information. • e-Notices are available to view for 60 days via the Online Banking Service. • e-Statements are available to view for 18 months via the Online Banking Service. Upon request, we will provide you a paper copy of any e-Document provided electronically by the Bank if we receive your request within twelve months after the date the e-Document was first made available electronically via the Online Banking Service. You may request a paper copy of these e-Documents by calling our Client Service Center, chatting with a banker online at www.ccbg.com, or visiting any Bank office and speaking with a banker. There may be a fee associated with receiving a paper copy of an e-Document. Change in e-Documents Delivery Method. An Online Banking Service User can “turn off” the delivery option of any e-Document with respect to any Accessible Online Banking Terms and Conditions 30


Account, at any time, on the Online Banking Service. You will not be charged a fee for making this change; however, changing the method of delivery for your periodic statements and Account documents may require a change to your Account for which fees may be applied and you agree that such fee can be deducted from any Account that you own at the Bank. When an Online Banking Service User deletes the e-Document service, you will automatically begin receiving mailed (paper) documents with the next regularly scheduled printing or statement cycle at the last address on record at the Bank. Consumer statements, which are mailed, will not include the images associated with the statement. Note: Once an Online Banking Service User deactivates your e-Document service, you will no longer be able to view the e-Documents previously delivered to the Online Banking Service. If the Bank has terminated the Online Banking Service for reasons as described in Part V, Section L – Termination, you will automatically begin receiving mailed (paper) documents with the next regularly scheduled printing or statement cycle at the last address on record at the Bank. Consumer statements, which are mailed, will not include the images associated with the statement. If e-Documents were a requirement of one or more of your Accounts previously included in the Online Banking Service, the change in your delivery method may subject you to an account type change or additional fees, and you agree that such fee can be deducted from any Account that you own at the Bank. Liability for Prompt Review of e-Documents and e-Statements. Online Banking Service Users agree to access and review each e-Document made available through the Online Banking Service. Online Banking Service Users must respond appropriately to the e-Documents as they would have had the documents been received via U.S. Mail. Online Banking Service Users must access and review on a monthly basis each e-statement made available through the Online Banking Service for errors or unauthorized Transactions. Any problem or errors related to electronic fund transfers (including client-to-client transfers, external transfers, and Bill pay) must be reported to the Bank within sixty (60) days of the first statement reflecting the problem or error. All other problems or errors (including discrepancies, forgeries, unauthorized transactions, unauthorized signatures, unauthorized endorsements, missing endorsements, or any alterations or counterfeit items) that appear on your e-statement must be reported within thirty (30) days from the statement date. Please refer to the

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Account Terms and Conditions Agreement for further information regarding your duty to notify the Bank of any problems or errors on your statements and the effect on the Bank’s liability to you if you fail to provide timely notice. Where inserts are referenced, or separate links are provided to access disclosures and important notices accompanying any e-Document, Online Banking Service Users are responsible for reviewing the insert and clicking on the separate links provided to access such disclosures or important notices. Liability for Unauthorized Transactions and Prompt Review of e-Documents and e-Statements. Your liability for reporting unauthorized Transactions, including electronic funds transfers, reflected on your e-statement(s) is identical to your liability had such statements been furnished to you in writing through the mail. All e-statements will be deemed available to you when such e-statements are made available to enrolled Online Banking Service Users through the Online Banking Service. Notice of Unauthorized Access. If you believe your e-Document is lost or that someone has obtained access to your e-Documents without your permission, please contact our Client Service Center, chat with us online at www.ccbg.com, or visit any Bank office and speak with a banker. Refer to the current Products & Services booklet, Disclosures insert, and Other Services & Fees insert for a complete listing of fees related to your Accounts and the Online Banking Service. F. Stop Payment Requests on Paper Checks The Online Banking Service offers an additional method for providing the Bank with written notice of a Stop Payment Request on any paper Checks issued by you (including Bill Payments made by Check; see Part III, Section C – Bill Pay Service). Online Banking Service Users may place a Stop Payment Request on a paper Check using the Online Banking Service. The Bank’s normal stop payment fee will be assessed on all Stop Payment Requests submitted via the Online Banking Service. Stop Payment Requests on electronic debits, including ACH debits and checks converted to electronic debits by merchants, may not be made via the Online Banking Service. You are not permitted to stop payment on any point-of-sale electronic transaction conducted with your debit card.

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Please consult the Account Terms and Conditions Agreement for additional information regarding your right to stop payment. Refer to Capital City Bank’s Products & Services brochure, Disclosures insert, and Other Services & Fees insert for a complete listing of other fees related to your Account(s). G. Mobile Banking Mobile Banking is a feature of the Online Banking Service, which allows Online Banking Service Users to bank securely and conveniently from a Handheld Device – either on a mobile web browser or with our downloadable CCBMobile application. Online Banking Service Users may access banking information available through the Online Banking Service, transfer funds, or schedule Bill Payments via a Handheld Device. In order to use the mobile banking feature, you must be enrolled as an Online Banking Service User and your Handheld Device must be web enabled. Mobile banking is free to all Online Banking Service clients. H. Mobile Deposit Mobile deposit – referred to as “CCBMobile Deposit” – is a service designed to allow Online Banking Service Users to make mobile deposits to Accessible Checking, Savings, or Money Market Accounts from home or other remote locations by capturing images of paper Checks and transmitting the Check images and associated deposit information to the Bank. Accessible Accounts must meet the Bank’s eligibility requirements to use CCBMobile Deposit. If an Accessible Account meets the eligibility requirements for CCBMobile Deposit, then Online Banking Service Users associated with the Accessible Account will be able to access the Mobile Deposit menu option on the Online Banking Service and enroll via a Handheld Device. Mobile deposits made using this Online Banking Service are not an “Electronic Funds Transfer” as that term is defined in Federal Reserve Board Regulation E. Services. After logging into the Online Banking Service on a Handheld Device and selecting the Mobile Deposit option, follow the prompts to capture an image of the front and back of each Check to be deposited and input all other required data and information from the paper Check. Such information will then be transmitted to the Bank via the Online Banking Service. Subject to the terms of the Agreement, we will provisionally credit the designated Accessible Account for the amount of the deposit on the day of receipt of the mobile deposit, as determined by the Mobile Deposit Cut-off Time, and enter the Check image into the collection process in accordance with the Agreement. Online Banking Terms and Conditions 33


Fees. The CCBMobile Deposit service may have an additional fee for the use of the service. Refer to Capital City Bank’s Products & Services brochure, Disclosures insert, and Other Services & Fees insert for a complete listing of other fees related to your Account(s) and Online Banking Service. Eligible Items. Online Banking Service Users agree to scan and deposit only Checks as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). The Check image that is transmitted to the Bank shall be deemed an “Item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code (1990 Official Text). Ineligible Items. The Online Banking Service may not be used to deposit any of the following “Prohibited Checks” or other Items which shall be considered ineligible for mobile deposit: • Checks or Items payable to any person or entity other than the person or entity that owns the Account in which the Check is being deposited. • Checks or Items containing an alteration to any of the fields on the front of the Check or Item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the Account on which the Check is drawn. • Checks or Items payable jointly, unless deposited into an Account in the name of all payees. • Checks or Items previously converted to a substitute Check, as defined in Reg. CC, or “image replacement documents” that purport to be substitute Checks. • Checks or Items drawn on a financial institution located outside the United States. • Checks or Items that are remotely created, as defined in Reg. CC. • Checks or Items not payable in United States currency. • Checks or Items dated more than six (6) months prior to the date of deposit. • Checks or Items prohibited by the Bank’s current procedures related to this Online Banking Service or which are otherwise not acceptable under the Account Terms and Conditions Agreement. • Checks or Items payable on sight or payable through drafts, as defined in Reg. CC.

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• Checks or Items with any endorsement on the back other than that specified in the Agreement. • Checks or Items that have previously been submitted through this Online Banking Service or through a remote deposit capture service offered at any other financial institution. Endorsements and Procedures. Any Check transmitted through the Online Banking Service must be endorsed with the Online Banking Service User’s name and the legend “For Mobile Deposit Only at Capital City Bank” or as otherwise instructed by the Bank. Failure to properly endorse any Check transmitted through the Online Banking Service may result in the deposit being declined. These procedures are not designed for the detection of errors. Bank is not, and will not be, obligated to detect errors by you or others. To ensure accuracy, Online Banking Service Users shall input the amount of each Check prior to transmitting the mobile deposit in accordance with these procedures. Online Banking Service Users may send multiple mobile deposits to Bank throughout the day, not to exceed the deposit limits stated in the Capital City Bank Online Banking Processing Schedule and Transaction Limits found within the Online Banking Service under the Disclosure menu option. Image Quality. The Check images transmitted to the Bank using this Online Banking Service must be legible, as determined in our sole discretion. Without limiting the foregoing, each Check image must be of such quality that the following information can be clearly read and understood by sight review of such image: • The amount of the Check; • The payee of the Check; • The signature of the drawer of the Check; • The date of the Check; • The Check number;

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• The information identifying the drawer and the paying bank that is preprinted on the Check, including the full MICR line (Magnetic ink character recognition, or MICR, is character recognition to facilitate the processing and clearance of Checks. The MICR encoding or MICR line is the set of numbers and symbols located at the bottom of the Check.); and • All other information placed on the Check prior to the time an image of the Check is captured, such as any required identification written on the front of the Check and any endorsements applied to the back of the Check. Each Check image shall also comply with any other requirements established by the Bank and shall meet all standards for image quality established by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association. Receipt of Mobile Deposit and Notification. You shall be liable for, and the Bank shall not have any liability, for any mobile deposit or Check images or other information contained therein that is not received by the Bank or that is intercepted or altered by an unauthorized third party or dropped during transmission. We have no obligation to accept a mobile deposit and, therefore, we reserve the right to reject any mobile deposit transmitted through the Online Banking Service, at our sole discretion, without liability to you. You agree to accept an electronic notification regarding the status of transmitted mobile deposits, including any notification of holds placed on the mobile deposit. A mobile deposit is considered received by the Bank when a complete copy of the mobile deposit has been written on a Bank electronic storage device in conformity with Bank’s technical and operational requirements. For purposes of determining when a mobile deposit has been delivered and received, our records shall be determinative. Upon receipt of a mobile deposit, we will send a confirmation that we have received the mobile deposit. Your receipt of such confirmation does not mean the transmission was error free, complete, or will be considered a mobile deposit and credited to the Accessible Account.

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Upon receipt of a mobile deposit, we may examine the mobile deposit, including the Check images and other information contained therein, to ensure compliance with the mobile deposit procedures set forth in the Agreement. If we determine that the mobile deposit procedures set forth in the Agreement have not been complied with or if errors exist in the Check images or the other information contained in the mobile deposit, the Bank, in its sole discretion, may either reject the mobile deposit or elect to correct the error and accept and process the corrected mobile deposit. As a form of correction, the Bank may credit your Account for the full amount of the deposit and make any necessary adjustments to the Account to correct the error. We have the option, but not the obligation, to perform a risk management analysis of one or more mobile deposits submitted to detect potentially fraudulent Checks, and, in our sole discretion, we may reject any such mobile deposit. Upon acceptance of the mobile deposit, we shall grant provisional credit to your Account (i.e. credit for the mobile deposit made to your Account subject to final payment of the transfer or Check and the provisions of the Account Terms and Conditions Agreement) for the total amount of the accepted mobile deposit or the corrected mobile deposit, as applicable. Notwithstanding the fact that we have accepted a mobile deposit for processing and granted a provisional credit, you shall remain liable to the Bank for any errors, inaccuracies, breach of warranties, and any other loss sustained by or claim made against the Bank. Availability of Funds. Mobile deposits transmitted using this Online Banking Service are not subject to the funds availability requirements of Federal Reserve Board Reg. CC. To be eligible for processing on the day transmitted, mobile deposits must be received and accepted by Bank on or before the Mobile Deposit Cut-off Time on a Business Day. A mobile deposit that is received after the Mobile Deposit Cut-Off Time shall be deemed to have been received on the Business Day following the Business Day on which the mobile deposit is actually received by the Bank. For the purpose of determining availability of funds, the Bank may hold funds for the period of time permitted by the Bank’s Funds Availability Policy as set forth in the Account Terms and Conditions Agreement. Online Banking Service Users agree to receive electronic notification of any holds placed on a Mobile Deposit.

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Maintenance and Disposal of Transmitted Checks. After scanning the Check in accordance with the Agreement and receiving electronic notification that the deposit has been submitted, received, and approved, Online Banking Service Users shall: (i) stamp the original Check “Processed”; and (ii) securely store the original Check for a period of 15 days from the date of the Check image transmission (such period the “Retention Period”). During the Retention Period, you shall take appropriate security measures to ensure that: (a) only authorized personnel shall have access to original Check, (b) the information contained on such Check shall not be disclosed, (c) such Check will not be duplicated or scanned more than one time, and (d) such Check will not be deposited or negotiated in any form. During the Retention Period, you shall provide the original Check to the Bank within five (5) Business Days of the Bank’s request. Upon expiration of the Retention Period, you shall destroy the original Check using commercially reasonable methods of destruction. You agree to cooperate with the Bank in any investigation of unusual Transactions, poor quality transmission, and resolution of client claims. Deposit Limits. CCBMobile Deposit may have limits established by the Bank on the transaction amount or number of Check images or mobile deposits. The Bank may reject any attempt to initiate a mobile deposit in excess of these limits. If a mobile deposit in excess of these limits is permitted, such mobile deposit will be subject to the terms of the Agreement, and the Bank will have no obligation to allow such a mobile deposit in the future. Refer to the Capital City Bank Online Banking Processing Schedule and Transaction Limits found within the Online Banking Service under the Disclosure menu option for specific mobile deposit limits. Return of Checks and Chargebacks. If any Check deposited via CCBMobile Deposit is dishonored or otherwise returned unpaid by the drawee bank or returned by a clearing agent for any reason, including issues relating to the quality of the check image, we may chargeback an image of the Check to your Account. The Check image may be in the form of an electronic or paper reproduction of the original Check or a Substitute Check. Unless otherwise instructed by us, you shall not deposit the original Check if an image or other debit related to the Check is charged back to your Account. We further reserve the right to chargeback to your Account at any time, any Check we subsequently determined was a Prohibited Check. You agree the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of a Prohibited Check including Insufficient Item or Overdraft Item fees. Online Banking Terms and Conditions 38


Errors of Checks Deposited. You shall notify the Bank immediately of any suspected errors regarding Checks deposited through this Online Banking Service, and in no event later than thirty (30) days after the date of the applicable statement. Unless you notify the Bank within thirty (30) days, such statement regarding all Mobile Deposits made through the Online Banking Service shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error. Update Notice. You shall provide written notice to the Bank of any changes to the information provided to the Bank related to any CCBMobile Deposit. Such notice must be received by the Bank within five (5) Business Days after the change. You shall provide any additional information requested by the Bank within five (5) Business Days of such request. We retain the right to: (i) review Checks, mobile deposits, and activities and (ii) re-price or terminate the Online Banking Service based on changes to information previously provided to us. User Warranties. By using CCBMobile Deposit you represent, warrant, and covenant to the Bank that: • You will only deposit Checks using CCBMobile Deposit that are authorized by the Agreement including the Account Terms and Conditions Agreement. • You will not (i) create duplicate Check images, (ii) transmit a duplicate Check image to the Bank, or (iii) deposit or otherwise negotiate the original of any Check of which a Check image was created. • No subsequent transferee, including Bank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original Check from which the Check image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the Check(s). • No subsequent transferees of the Check image(s), including Bank, a collecting or returning bank, drawer, drawee, payee, or endorser, shall sustain a loss as the result of the fact that the Check image was presented for payment or returned instead of the original Check.

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• All data and other information you provide to the Bank, including data contained in the MICR line of each Check, is complete, accurate, true, and complies with the requirements of the Agreement. • You are not aware of any factor which may impair the collectability of the Check. • All Checks and your Transactions are, and will be, bona fide. All signatures on Checks are authentic and authorized. Refer to the current Products & Services booklet, Disclosures insert, and Other Services & Fees insert for a complete listing of fees related to your Accounts and the Online Banking Service. I. Text Banking Online Banking Service Users may use the Text Enrollment option within the Online Banking Service to enable text banking. Through this service, Online Banking Service Users have the ability to request information regarding Accessible Accounts by sending the Bank a text message with the appropriate command via a Handheld Device. When the action is complete, the text message reply includes the information or results of the command. Available actions include: (1) requests for information about current balance for any or all Accessible Accounts and recent history for any or all Accessible Accounts; and (2) transfers in the amount specified from one Accessible Account to another. Online Banking Service Users may also request a list of all of the available text banking commands via this feature. This feature may be disabled through the Online Banking Service or by texting the STOP command.

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J. Alerts Alerts help manage Accessible Accounts by providing reminders of important dates, payments, and balance levels. When a “Date Alert”, an “Account Alert”, or a “Transaction Alert” is created within the Online Banking Service, it takes effect immediately and remains in effect until it is disabled or deleted. These Alerts may be delivered via an electronic message or text as designated by an Online Banking Service User. The Bank may also provide Security Alerts to inform Online Banking Service Users immediately when a security-related event occurs related to your Accessible Account(s). Some Security Alerts are required by the Bank. Online Banking Service Users have the option of enabling or disabling additional Security Alerts via the Online Banking Service. Available alert types vary depending on the Account type. Bank shall not be liable for damages you incur as a result of your non-receipt of any alert or the Bank’s failure to transmit any alert, including any and all security alerts. K. Suspend or Deactivate Debit Card If a Debit Card is displayed on the Online Banking Service, then that Debit Card may be suspended or deactivated through the Online Banking Service. Only suspend a Debit Card if it has been misplaced or if there is concern that someone else may have the card or card number with intent to use it without permission. Once a Debit Card is suspended, you must contact the Bank to reactivate it or you may cancel it via the Online Banking Service. If you are reporting a card as stolen, please cancel the card from the Online Banking Service and contact our Client Service Center to order a new card. Online Banking Service Users may contact the Bank by sending an electronic message via the Online Banking Service, or you may call our Client Service Center, or visit any Bank office and speak with a banker.

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L. Loans Certain Loans may be accessible to the Online Banking Service if an Online Banking Service User has an Accessible Account. Not all services described in the Agreement are available for all Loans on the Online Banking Service. For example, Bill Pay and Mobile Deposit are not available for Loans. Access to certain Loans via the Online Banking Service may be limited to “view only.� Certain Loans may be viewable and allow loan payments to be made via an Online Banking Service transfer. Online Banking Service Users with access to a loan via the Online Banking Service have the authority to use all services made available via the Online Banking Service for that loan. For more information regarding the services available for Loan Accounts please contact a banker.

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PART IV. DISPUTE RESOLUTION; WARRANTIES; LIMITATION OF LIABILITIES A. Standard of Care; Disclaimer of Warranties The Bank is not acting as a fiduciary for you or your benefit. The Bank’s responsibility is limited to acting in good faith and exercising commercially reasonable banking practices in connection with our Online Banking Service. The Bank does not represent, warrant, or covenant that the Online Banking Service will operate uninterrupted or that the Service will be error free. The Online Banking Service may be interrupted because of conditions beyond our control (such as outages in internet availability) or rendered unavailable for short periods of time for regular or emergency system maintenance. We do not represent, warrant, or covenant that you will have continuous or uninterrupted access to the Online Banking Service or any of its content or functions. In addition, we reserve the right, in our sole discretion, to discontinue, terminate, or modify any or all features of the Online Banking Service at any time, and for any reason. If we choose to discontinue the Online Banking Service in whole or in part, we will use commercially reasonable banking efforts to provide you with reasonable notice in advance of such discontinuance. Although the Online Banking Service is expected to correctly reflect account activity, it is possible the Online Banking Service may have data errors or experience a delay in the time Transactions are reflected in the Online Banking Service. As such, we do not represent, warrant, or covenant that the information obtained from the Online Banking Service will be error or delay free. If there is a discrepancy between the Online Banking Service and the account records maintained by the Bank (which may include information in addition to the information available in the Online Banking Service), the account records maintained by the Bank shall be deemed the final and conclusive record for any dispute(s) or discrepancy which may arise relating to your Account(s). We reserve the right at all times to take actions to protect our systems and information, including denial of access to any users of the Online Banking Service. We do not represent, warrant, or covenant that our security system is failsafe or immune from security breaches. We will provide you with notice if your information is the subject of a security breach as required by applicable law. The Bank makes no representations, warranties, or covenants with respect to the encryption or security of information transferred via the internet, and the Bank shall have no liability for the breach of any such security except as may be provided by law. Online Banking Terms and Conditions 43


The use of this Online Banking Service and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of the Online Banking Service, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. You agree that no oral or written advice or representation obtained from any Bank employee or representative shall create a representation, warranty, or covenant under the Agreement. The Bank makes no representation, warranty, or covenant, express or implied, in law or in fact, to you or to any other person as to any computer hardware, software, or equipment in connection with the Online Banking Service, including (i) as to your Personal Computer, Handheld Device or related equipment, your computer systems or related equipment, your software, or your internet service provider or its equipment; (ii) as to the suitability or compatibility of Bank’s software, internet delivered service, equipment, or communication interfaces with those that you use; or (iii) as to whether any software or internet delivered service will perform in an uninterrupted manner. B. Bank’s Exclusion of Liability for Use of the Online Banking Service Bank shall be responsible only for maintaining the Online Banking Service in accordance with the standard of care as described in the Agreement. If Bank fails to satisfy its standard of care, Bank shall have no liability for any losses or damages resulting from that failure unless: (a) you have complied with the terms of the Agreement and satisfied your duty of care (including your duty to discover and report any error, omission, or discrepancy within the applicable period), (b) you take all reasonable actions to limit your losses or damages, and (c) you promptly (but in all events within five (5) Business Days) give the Bank written proof of losses or damages and cooperate with the Bank in investigating the error, omission, or other discrepancy and your losses or damages. In no circumstances shall the Bank be liable for any loss or damage incurred or suffered by you, directly or indirectly, as stated in the Agreement or as a result of the following: • Any error, delay, failure, interruption, suspension, or termination of the Online Banking Service for whatever reason, including the acts or omissions of any third party;

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• Any computer virus or related problems that may be associated with using electronic mail or the internet, defects in or malfunctions of your hardware or software, or failures of or interruptions in any electrical, telephone, mobile data, or internet services; • Any unauthorized person gaining access to or otherwise making use of the Online Banking Service, except as may be provided by law; • Any acts or omissions of you or your agents or of any third party, including Bank’s vendor, any Federal Reserve Bank, any courier service, the National Automated Clearinghouse Association (NACHA), any transmission or communications facility, or any other third party involved with the Online Banking Service. No such third party shall be deemed the Bank’s agent; or • Any circumstance beyond Bank’s reasonable control or for which Bank does not have responsibility under the Agreement. C. Limitation of Liability for Use of the Online Banking Service The Bank nor any Bank Related Party shall be liable to you or any third party except to the extent set forth in the Agreement or as otherwise required by law. To the extent the Bank or any Bank Related Parties may be held liable to you or any third party, any damages or other compensation due from the Bank or any Bank Related Parties in connection with the Agreement or the Online Banking Service shall be limited to the lesser of: (a) your actual and direct damages, (b) the amount of the transaction to which the error, omission, or other discrepancy relates, or (c) the amount of fees received by Bank under the Agreement during the twelve (12) month period preceding the date on which the claim first accrued. If the Agreement has been in effect for less than twelve (12) months preceding such date, then damages or other compensation shall be limited to the amount of such fees during such number of preceding months as the Agreement has been in effect. In no event shall the Bank or any Bank Related Parties be liable to you for indirect, consequential, special, punitive or exemplary damages, indirect loss or damages, lost profits, lost revenue, lost data, business interruption, attorney’s fees, good will, or the like, even if Bank or Bank Related Parties have been advised of the possibility of such damages. The foregoing applies without regard to the form of your claim or action or

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whether such claim is in contract, tort (including negligence), strict liability, or otherwise. The liability of the Bank and Bank Related Parties may be further limited as stated in the Bank’s other agreements with you. D. Indemnification, Defense and Liability; Third Party Claims You agree to indemnify and defend the Bank and the Bank Related Parties (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising out of, or related to, the Agreement or the Online Banking Service, including all actions, causes of action, claims, warranties, damages, liabilities, and expenses arising out of, related to or resulting from: (a) your negligence; (b) your failure to report required changes to your contact information (including e-mail address, telephone number, and mailing address); (c) your transmission of incorrect data to Bank; (d) your failure to maintain the security of any username and password, Personal Computer, or Handheld Device; (e) the destruction of original Checks by you; (f) your breach of any of your representations, warranties, covenants, or other agreements or responsibilities under the Agreement; (g) your breach or violation of any applicable laws, statutes, rules, or regulations; or (h) the Bank’s action or inaction in accordance with, or in reliance upon, any instructions or information received from any person Bank reasonably believes to be you including any instructions or information received from your Service Administrator or Authorized User. Notwithstanding the foregoing, you are not obligated to indemnify, hold harmless, or defend an Indemnified Party for any damages solely and proximately caused by the gross negligence or willful misconduct of that Indemnified Party. E. Dispute Resolution, Arbitration and Waiver of Jury Trial It is important for you to read this dispute resolution section carefully. This section applies to any claim involving the Bank’s Online Banking Service. This section will have a substantial impact on how legal claims between you and the Bank are resolved. Under this Part IV, Section E, either you or the Bank may require that any Claim (defined below) involving the Online Banking Service be resolved by binding arbitration. Except as expressly provided in Part IV, Section E.3 below, neither you nor the Bank Online Banking Terms and Conditions 46


will have the right to: (1) have a court or a jury decide any Claim; (2) join or consolidate a Claim with claims of any other person; (3) participate in a class action in court or in class action arbitration; or (4) engage in information-gathering (discovery) to the same extent as in court. The right to appeal is more limited in arbitration than in court, and other rights in court may be unavailable or limited in arbitration. 1.

Definitions. A “Claim” subject to this Dispute Resolution Section means any and all claims, disputes, or controversies between you and the Bank arising from or relating in any way to the Online Banking Service, to the Agreement, to any charge or cost incurred with respect to the Online Banking Service, or to any Transaction conducted with the Bank or any of its affiliates in connection with the Online Banking Service or the Agreement. “Claims” has the broadest possible meaning and includes all claims of all types, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, Consumer rights, fraud and other intentional torts, or any other legal theory. It includes claims for money damages, injunctions, declaratory statements, or equitable relief. “Claim” includes past, present, and/or future claims, as well as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, and any other type of claim. “Claim” also includes any dispute regarding the validity, enforceability, applicability, or scope of this Dispute Resolution Section or any other part of the Agreement. For purposes of this Part IV, Section E, the “Bank” includes Capital City Bank and all Bank Related Parties.

2.

Arbitration. Except as expressly provided in Part IV, Section E.3 below, you and the Bank agree that any and all Claims between you and the Bank will, at the election of either you or the Bank, be resolved by individual (not class) binding arbitration in accordance with this Dispute Resolution Section. Arbitration is mandatory if requested by you or the Bank. If the Bank becomes a party in any lawsuit that you have with any third party, whether through intervention by the Bank or by motion or pleading made by you or any third party, the Bank may elect to have all claims in that lawsuit between you and such third party resolved by arbitration under this Dispute Resolution Section.

3.

Claims Excluded from Arbitration. Notwithstanding Part IV, Section E.2 above, the following claims or proceedings are not subject to the Agreement to arbitrate: (i) any individual action filed by you or the Bank that is within the jurisdiction of the small claims court (or your state’s equivalent court), unless Online Banking Terms and Conditions 47


such action is joined or consolidated with another action, or is transferred, removed, or appealed to a different court; or (ii) any lawsuit or administrative proceeding filed against the Bank by a state or federal government agency 4.

Class Action Waiver. If either you or the Bank elects to arbitrate a Claim, the arbitration will be conducted as an individual action only. This means that even if a demand for class arbitration, class action lawsuit or other representative action (including a private attorney general action) is filed, then any Claim related to the issues of such lawsuit(s) will be subject to individual arbitration. Neither you nor the Bank will have the right: (i) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (ii) to join or consolidate Claims with claims of any other persons. If the Class Action Waiver is voided, found unenforceable, or limited with respect to any Claim for which you seek class-wide relief, then Part IV, Section E (except for this sentence, the remainder of this Section E.4, and Sections E.6 and E.8 of this Part) shall be null and void with respect to such Claim. However, Part IV, Section E shall remain valid with respect to all other Claims. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. No arbitrator shall have authority to conduct any arbitration in violation of this provision. You and the Bank acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is not severable from this Dispute Resolution Part.

5.

Arbitration Procedures and Expenses. If you or the Bank elects to arbitrate a Claim, the electing party must notify the other party in writing. This notice may be given after the beginning of a lawsuit and may be given in papers or motions filed in the lawsuit. Otherwise, your notice must be sent to Capital City Bank, Attn: Deposit Services, P.O. Box 900, Tallahassee, FL 32302-9984 (“Notice Address”). The Bank’s notice must be sent to the most recent address for you in the Bank’s records. The arbitration, including the selection of the arbitrator, shall be administered by the American Arbitration Association (“AAA”), according to its Commercial Arbitration Rules and its Supplemental Procedures for Consumer-Related Disputes, which are in effect at the time the arbitration is filed. You may obtain a copy of the current rules of the arbitration Online Banking Terms and Conditions 48


administrator (including information about arbitration, fees, and instructions for initiating arbitration) by contacting the AAA at via telephone 800.778.7879 or website: www.adr.org. If the AAA is unavailable, unable, or unwilling to accept and administer the arbitration of any Claim or any appellate proceeding, then you and the Bank may agree upon another administrator or, if we are unable to agree, you or the Bank may petition a court of competent jurisdiction to appoint an independent and impartial arbitrator under the Federal Arbitration Act, Title 9 of the United States Code (“FAA”). You and the Bank each have the right to be represented by an attorney or other representative. The cost of legal services will be borne by the party who receives the services. If your Claim exceeds $75,000 or if it is a non-monetary Claim, the AAA filing fees shall be allocated pursuant to the rules of the AAA. The remainder of this paragraph applies only if your Claim for actual damages does not exceed $75,000. After the Bank receives notice at the Notice Address that you have commenced arbitration, then if your Claim for actual damages does not exceed $75,000 the Bank will reimburse you for your payment of the AAA filing fee after you have paid an amount equivalent to the fee for filing the Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. If you have already paid a filing fee for asserting the Claim(s) in court, then you will not be required to pay that amount again. If you are unable to pay the AAA filing fee, the Bank will pay it directly upon receiving a written request at the Notice Address. If, however, the arbitrator finds that the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Bank for all monies previously disbursed by the Bank which are otherwise your obligation to pay under the AAA Rules. In addition to the AAA filing fees, arbitration involves other fees, costs, and expenses which include the arbitrator’s fee and expenses, your attorneys’ fees and expenses, the Bank’s attorneys’ fees and expenses, and expert witness fees and expenses. All arbitrator fees and expenses, attorneys’ fees and Online Banking Terms and Conditions 49


expenses, expert witness fees and expenses, and all other fees, costs, and expenses of the arbitration shall be allocated pursuant to the rules of the AAA, except the Bank will pay the AAA filing fees under the terms explained in the previous paragraph if your Claim does not exceed $75,000. If your Claim is for $10,000 or less, then you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The AAA, the arbitrators, you, and the Bank must, to the extent feasible, take any necessary action to ensure that the arbitration proceeding is completed within 180 days after filing the dispute with the AAA. Any in-person arbitration hearing will be held in a state in which the Bank has a physical banking office and at a location which is reasonably convenient to all parties, with due consideration of the parties’ ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, that determination shall be made by the arbitrator. You or the Bank may bring a summary or expedited motion to compel arbitration of any Claim or to stay the litigation of any Claim pending in any court. Such a motion or action may be brought at any time. The failure to initiate or request arbitration at the beginning of a dispute or claim shall not be construed as a waiver of the right to arbitration. You and the Bank each agree that you and the Bank are engaging in interstate commerce with respect to the Online Banking Service and the Agreement. The FAA shall govern the Agreement, the interpretation of the Agreement, and the enforcement and proceedings pursuant to the Agreement. To the extent state law is applicable, the law of the State of Florida shall govern without giving effect to any choice of law rules that may require the application of the laws of another jurisdiction. If there is a conflict between the AAA rules and any term in the Agreement, then the terms of the Agreement shall control. A single arbitrator will be appointed by the AAA, subject to objection by you or the Bank for good cause. The arbitrator must be independent and impartial, a member of the state bar where the arbitration is held, and a practicing attorney with ten or more years of experience or a retired judge. The arbitrator must have expertise in the substantive laws applicable to the subject matter of Online Banking Terms and Conditions 50


the dispute. The arbitrator shall disclose to you and the Bank any circumstance likely to affect impartiality, including any bias or financial or personal interest which may affect the result of the arbitration proceeding, or any past or present relationship or experience with you or the Bank. To the extent permitted by law, the arbitrator (and not any federal, state, or local court or agency) shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, validity, or scope of this Dispute Resolution Section, any other part of the Agreement, or the AAA rules. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, which would apply if the matter had been brought in court. The arbitrator shall honor statutes of limitation, confidentiality rights, and claims of privilege (such as the attorney-client privilege and the work-product privilege) which are recognized under applicable law. The arbitrator will also apply pertinent contract terms, statutes, and legal precedents. The arbitrator may award all remedies permitted by applicable law or equity, including damages, declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator’s decision shall be based upon and be consistent with the law of the jurisdiction that applies to the Claim. At the timely request of you or the Bank, the arbitrator should provide a brief written explanation of the basis for the award. Any court with jurisdiction may enter judgment upon the arbitrator’s award. 6.

Survival and Severability. This Part IV, Section E shall survive the closing of your Account(s), the termination of your use of the Online Banking Service, your death, your bankruptcy, or the termination of any relationship between us for any reason. If one or more provision(s) or portions of a provision(s) of this Part IV, Section E is/are deemed invalid, unlawful, unconstitutional, or unenforceable for any reason, then except as provided by the Class Action Waiver in Section E.4 of this Part: (i) that holding shall not invalidate the remaining portions of this Section E or the Agreement, and (ii) all remaining portions shall be in full force and effect as if this Section E did not originally include the portion(s) held invalid, unlawful, unconstitutional, or unenforceable. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. Part IV, Section E.8 shall remain valid under all circumstances. Online Banking Terms and Conditions 51


7.

Effect of Arbitration Award. Other than as set forth herein, the arbitrator’s award shall be final and binding on all parties, 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 may, within 30 days after the entry of the award by the arbitrator, appeal the award to a panel of three new arbitrators administered by the AAA. In addition, the parties’ right to appeal to a three-arbitrator panel includes any and all decisions by the arbitrator regarding the validity, enforceability, applicability, or scope of this Dispute Resolution Section. The panel shall reconsider anew any aspect of the initial award or decision requested by the appealing party. The decision of the panel shall be 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. The costs of such an appeal will be borne in accordance with the rules of the AAA. Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.

8.

Jury Trial and Class Action Waiver. To the extent permitted by applicable law for any matters not submitted to arbitration, you and the Bank hereby knowingly, voluntarily, intentionally, and irrevocably: (i) waive the right to a trial by jury in respect to any litigation arising from, or relating in any way to, any Claim or any other dispute or controversy between you and the Bank, and (ii) agree that any such litigation will proceed on an individual basis and will not proceed as part of a class action.

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PART V. NOTICES; GENERAL PROVISIONS A. Notices Except where the Agreement specifically authorizes notice or instructions by telephone, all notices and instructions under the Agreement shall be written and may be given by personal delivery, mail, overnight delivery, e-mail, or fax. In addition, Bank may give notices and instructions to you through the Online Banking Service or other electronic means. If the Agreement specifically authorizes you to give notice or instructions to Bank by telephone, then Bank may (but is not obligated to) require that you provide written confirmation of such notice or instructions. Notices and instructions by Bank to you may be delivered to any signor on the Account, any Online Banking Service User, or any officer of a Business Account holder: (1) in person; (2) by United States mail to the mailing address we have in our records for your Account, (3) by overnight delivery by a nationally recognized courier service, to any physical address for you that is shown in Bank’s records, (4) by e-mail to any e-mail address for you (or any Online Banking Service User) that is shown in Bank’s records, (5) by fax to any fax number for you that is shown in Bank’s records, or (6) through the Online Banking Service or other electronic means. Notice to any signor on the Account or any Online Banking Service User constitutes notice to all signors on the Account and all Online Banking Service Users. You agree to notify the Bank in writing immediately of any change in your contact information. If the United States Post Office or one of its agents informs the Bank that your address has changed, we may change your address on our records to an address specified by the Post Office and we may send notices, statements and other communications regarding your Account to that new address. You agree we may provide communications in English. Your notice to elect arbitration shall be provided in accordance with Part IV, Section E.5, above. All other notices and instructions by you to Bank may be delivered: (1) in person to a Bank representative at your closest Capital City Bank office, (2) by United States mail to the following address: Capital City Bank Electronic Banking Services, PO Box 900, Tallahassee, Florida 32302, (3) by overnight delivery by a nationally recognized courier service, to Capital City Bank Electronic Banking Services, 1860 Capital Circle NE, Tallahassee, Florida 32308, (4) by e-mail to electronicbanking@ccbg.com, or (5) by fax to the following fax number: 850.402.7259. Where notice by telephone is permitted, you may call the Client Service Center at 850.402.7500 or 888.671.0400 Online Banking Terms and Conditions 53


All notices and instructions shall be deemed given: (1) at the time of personal delivery, (2) three (3) business days after the date on which the notice is postmarked if delivered via U.S. Mail, (3) one (1) business day after the date on which the notice is deposited with a nationally recognized courier service, (4) at the time the e-mail is sent, (5) at the time fax confirmation is received, or (6) when made available to you through our Online Banking Service. B. Financial and Other Information The Bank may request financial or other information from you in order to evaluate a continuation of the Online Banking Service to be provided by us, adjustment of any limits, or other requirements. You agree to provide the requested information immediately upon our request, in the form required by us. You authorize the Bank to investigate or reinvestigate at any time any information provided by you in connection with the Agreement or the Online Banking Service and to request reports from credit bureaus and reporting agencies for such purpose. C. Acceptance of These Terms; Amendments The Agreement is valid and enforceable against you in accordance with its terms, and the entry into, and performance of the Agreement by you will not violate any law, or conflict with any other agreement, to which you are subject. Use of this Online Banking Service constitutes your acceptance of the Agreement. No changes to this Online Banking Agreement requested by you shall be effective unless received and agreed to in writing by the Bank. We reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Online Banking Service. We will notify Online Banking Service Users of any material change via e-mail, text message, on our website by providing a link to the revised Online Banking Agreement, or by electronic message via the Online Banking Service. Notice of a material change will be given no fewer than sixty (60) days in advance of any material changes to the Agreement. Online Banking Service Users will be prompted to accept or reject any material change to this Online Banking Agreement the next time they use the Online Banking Service after we have made the change. An Online Banking Service User’s acceptance of the revised Online Banking Agreement along with the continued use of the Online Banking Service for sixty (60) days after receiving notice of the material change(s) to this Online Banking Agreement constitutes your acceptance

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of any such change(s) to the Online Banking Service. Online Banking Service Users may reject any material change to this Online Banking Agreement, and therefore not be subject to the changes, by terminating his/her Online Banking Service. D. Severability If any sentence, word, phrase, paragraph, or portion of the Agreement should at any time be held invalid, illegal, void, or unenforceable for any reason, then – except as provided in Part IV, Section E – Dispute Resolution, Arbitration and Waiver of Jury Trial – that holding will not affect in any way the meaning of the other sentences, words, phrases, paragraphs, or portions of the Agreement, and all remaining portions shall be in full force and effect as if the Agreement did not originally include the portion(s) held invalid or unenforceable. E. Enforceability We may waive enforcement of any provision of the Agreement. No waiver of a breach of the Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other Transaction or to modify the terms of the Agreement. F. Ownership and License You agree the Bank retains all ownership and proprietary rights in this Online Banking Service, associated content, technology, and website(s), including the object and source codes therefore, and any and all updates, upgrades, fixes, and enhancements thereto and any and all documentation, user guides, and instructions pertaining thereto. Without limiting the restriction of the foregoing, you may not use the Online Banking Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may use this Online Banking Service only for the purpose intended in accordance with the Agreement. You may not copy, reproduce, distribute, or create derivative works from the content. You agree not to reverse engineer, reverse compile, or create derivative works from any of the technology used to provide this Online Banking Service.

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G. Binding Effect; Limited Assignability The Agreement will inure to the benefit of and be binding upon both parties, their successors and permitted assigns. You may not transfer or assign any rights under the Agreement without the prior written consent of Bank. Nothing in the Agreement limits or restricts the right of Bank, without giving you notice of, or obtaining your consent, to: (i) effect an assignment of the Agreement in any manner, including assignment by merger, reorganization, sale of corporate assets, or other corporate change, or (ii) delegate our duties under the Agreement to third parties. H. Headings and Interpretation The captions and headings contained in the Agreement are for convenience of reference only and shall not be used to limit the applicability or meaning of any provisions of the Agreement. Unless otherwise stated, all references to “days” only shall refer to calendar days (not working or Business Days). “Including” and “include” mean including, without limiting, the generality of any description proceeding such term. “Or” is used in the inclusive sense of “and/or.” All references to a Part, Section, or paragraph means the entire Part, Section, or paragraph and not just a sub-section, or a sub-paragraph. I. Entire Agreement The Agreement, as defined in Part I, constitutes the entire statement of the terms and conditions that apply to the Online Banking Service. The Agreement supersedes any prior agreements between the parties relating to the Online Banking Service. J. Governing Law, Venue The FAA together with all other federal laws shall govern the Agreement. To the extent state law is applicable, the Agreement shall be construed and enforced in accordance with the law of the State of Florida without giving effect to any choice of law rules that may require the application of the laws of another jurisdiction. If the option to arbitrate a Claim is not exercised as set forth in Part IV, Section E – Dispute Resolution, Arbitration and Waiver of Jury Trial of the Agreement, you and the Bank agree that any lawsuit or other such proceeding arising from or relating to a Claim shall be subject to the exclusive jurisdiction of the courts in Leon County, Florida.

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K. Limited Third-Party Benefit Bank utilizes third party vendors in providing some of the features of its Online Banking Service. You agree that: (i) each reference to “we,” “our,” “us,” or “Bank” in any provision limiting Bank’s liability to you or imposing an indemnification obligation on you will, with respect to the Online Banking Service, be deemed to include Bank’s vendor and other Bank Related Parties and (ii) Bank’s vendor and other Bank Related Parties are each third-party beneficiaries of the Agreement. L. Termination You are responsible for complying with all terms of the Agreement and the regulations governing the Accessible Accounts. At any time, you may terminate the Online Banking Service in-person at our Bank office, by contacting our Client Service Center via telephone, or by electronic message via the Online Banking Service. We may terminate the Agreement at any time for any reason without notice to you, including if you do not pay any fee(s) as detailed in the Agreement when they are due, if you use this Online Banking Service for any unauthorized or illegal purposes, if the Online Banking Service is used in a manner inconsistent with the terms of any agreements associated with your Accounts or the Online Banking Service, or if you breach the Agreement. Further, if an Online Banking Service User does not access the Online Banking Service within a 180 consecutive calendar day period, we may terminate the Online Banking Service User’s Online Banking Service and all features as described in Part III – Online Banking Service Features, including the online banking activity history previously available through the Activity Center, the e-Document archive, and any type of future dated or recurring transfer or Bill Payment.

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PART VI. CONCLUSION Capital City Bank appreciates your banking business. For further information regarding your Online Banking Service or other available services at the Bank, please contact a Bank associate for assistance at your closest Capital City Bank office, by mail at the address below, by electronic message via the Online Banking Service, by calling our Client Service Center at the telephone number below, or via our website as listed below. Thank you. Capital City Bank Attn: Electronic Banking Services Department P.O. Box 900 Tallahassee, FL 32302 Phone: 888.671.0400 toll free Chat: www.ccbg.com

For more information about Capital City Bank products and services, visit any of our offices or contact our Client Service Center: Call 888.671.0400 toll free or Chat online from our website at www.ccbg.com. RV0618

Online Banking Agreement  

Capital City Bank online banking agreement terms and conditions

Online Banking Agreement  

Capital City Bank online banking agreement terms and conditions