HandyNet Online Banking Agreement and Related Disclosures

HandyNet^® Online Banking Agreement and Related Disclosures
Internet Bill Pay Addendum

This Internet Bill Pay Service Addendum in conjunction with the HandyNet^® Online Banking Agreement and Related Disclosures (collectively, the "Service Agreement") contains the terms and conditions governing the Internet Bill Pay Service (the "Service"), including disclosures required by federal law. Please read this Service Agreement carefully and keep a copy for your records.

Defined Terms
As used in this Service Agreement, the following terms shall have the following meanings:

"You" and "your" mean each person who owns or jointly-owns a checking account and enrolls in the Service.
" "Bank" means Hancock Bank.
"We," "our," and "us" mean the Bank and any agent, independent contractor, designee, or assignee your Bank may, in its sole discretion, employ in the provision of the Service.
"Payee" means the biller or merchant to whom you wish a bill payment to be directed.
"Payment Instructions" means the information provided by you to the Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment date, etc.).
"Account" means your checking or money market account from which any or all bill payments will be made.
"Business Day" means Monday through Friday, excluding federal holidays.
"Scheduled Payment Date" means the Business Day of your choice upon which your bill payment is due.
"Process Date" means the date upon which your payment instructions will be executed to assure delivery of payment on the scheduled payment date. For payments made by check, the payment transaction will be processed five (5) business days prior to the scheduled payment date. Funds will be debited from your designated account on the process date to assure that the paper payment will be honored upon presentment to the merchant. For electronic payments, the payment transaction will be processed two (2) business days prior to the scheduled payment date. Funds will be debited from your designated account on the process date to assure that the electronic payment will be honored upon presentment to the merchant.
"Cutoff Time" means 1:00 p.m., Central Standard Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.

Fees and Charges
We will provide this Service to you without charge for each calendar month following your enrollment during which you use this Service. We reserve the right to charge you a fee of $4.95 per month for not using the Service during any calendar month following your enrollment ("Non Use Fee"). Should we charge you the Non Use Fee, we will assess and collect this fee from the designated checking account. The designated checking account is provided during enrollment. The Non Use Fee may be charged on a per user ID basis. For example, if the checking account used for Service enrollment is a joint-account and each person enrolls separately for the Service using that checking account, each user may be assessed a Non Use Fee of $4.95 per month. You agree to pay such charges and authorize us to charge your designated checking account for these amounts and any additional charges that may be incurred by you. Any fees or service charges normally associated with your checking account will continue to apply.

If we are unable to complete the transaction for any reason associated with your checking account (for example, your checking account has been closed), the transaction may not be completed. In some instances, however, you will receive a return notice from us. In this case, you agree that a return fee may be charged in accordance with our established service fees. Please refer to the Deposit Account Information (Truth and Savings) and Deposit Agreement for account restrictions, fees and other pertinent information regarding your checking account.

If we are unable to complete the transaction due to an overdraft or non-sufficient funds, your account may be assessed an overdraft/NSF fee in accordance with our established service fees. Further, we may elect to honor your transaction through the extension of Courtesy Coverage that you may have with us to cover such an NSF Item under the terms and conditions set forth in our Deposit Account Information (Truth in Savings) Courtesy Coverage Policy. A fee may be assessed for this "Courtesy Coverage" privilege and is in addition to the internet bill pay fee assessed to your checking account. Courtesy Coverage fees are assessed on a per transaction basis. Please refer to the Deposit Account Information (Truth and Savings) and Deposit Agreement for account restrictions, fees and other pertinent information regarding your checking account.

You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider.

Representations, Additional Terms, and Amendments
By enrolling in the Service, you acknowledge that you have received and read this Service Agreement and agree to its terms and conditions. You also acknowledge that the Service Enrollment Form has been accepted by one or more of the persons who signed the Account agreement for the enrolled Account.

You further acknowledge that you have received and read the Account agreement and Program Description for the enrolled Account and agree that any additional terms and conditions in those documents applicable to participation in the Service are incorporated herein as though they were fully set forth herein.

You agree that BANK shall have the right to amend the terms and conditions (including, without limitations, applicable) of this Service Agreement from time to time, by modifying or rescinding any existing provisions or by adding any new provisions. Any such amendment shall be effective as of a date to be established by the BANK, subject to applicable law. We will send you written notice of the change in terms and conditions if such change results in increased fees to you, increased liability to you, or stricter limitations on the frequency or dollar amounts of bill payment transactions. Any use of the Service after we send you a notice of such change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the Service in a manner that may render all prior versions obsolete. Consequently, we reserve the right to terminate this Service Agreement as to all such prior versions of the Service and limit access to our more recent revisions and updates of the Service.

Authorization
By enrolling in the Service, you authorize us to accept your Payment Instructions to initiate debits to your Account and remit funds on your behalf to merchants and other persons so that the funds arrive as close to the Business Day designated by you as reasonably possible. In the event that erroneous payments are made, you authorize us to initiate debit or credit entries to your Account to correct such erroneous payments, provided that any such corrections are made in accordance with applicable laws, rules, or regulations.

Bill Payment Service
Although it is anticipated that most transactions will be processed 4 Business Days before your selected Scheduled Payment Date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by companies or financial institutions that are slow to respond, some transactions may take a day or even a few days longer to be credited by your Payee to your account.

For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than 5 Business Days before the actual due date, not the late date and/or a date in the grace period. (For example, the payment should be entered no later than Friday before 1:00 p.m., Central Standard Time, for a payment to arrive on the following Friday.) Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day. If you properly follow the procedures described herein, and we fail to send a payment according to the Payment Instructions received, we will bear responsibility for all late charges, subject to the conditions described elsewhere.

In any other event, including but not limited to choosing a Scheduled Payment Date that is not 5 Business Days before the due date or on or past the due date stated on your invoice, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

A bill payment is "In Process," starting at the Cutoff Time on the fourth Business Day prior to the Scheduled Payment Date and continuing up to the Scheduled Payment Date.

A bill payment is a "Pending Payment," starting from the time you enter Payment Instructions until the payment is "In Process."

A bill payment is considered "Completed" on the Business Day you selected as the Scheduled Payment Date. You may cancel or edit any Pending Payment (including recurring bill payments) by following the directions within the "help" section of the bill payment Web site. There is no charge for canceling or editing a Pending Payment. We may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is "In Process," and it is not possible to use this Service to stop or cancel a payment that is Completed.

Requests to stop a Completed payment must be made through online banking customer service. Do not call or visit your local branch for such requests. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for us to act on your request. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such a stop payment order. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. There may be a fee assessed for each stop payment request.

We will use our best efforts to make all your payments properly. We will, however, incur no liability if we are unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:

If the payment would exceed your Account Balance or the Maximum Permitted Bill Payment Amount (as defined below), or your Account has been re-titled, closed, or blocked for security reasons.
If the bill payment processing center is not working properly and you know or have been advised by us about the malfunction before you execute the transaction.
If the Payee mishandles or delays a payment sent by us.
If you have not provided us with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment.
If circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing five (5) exceptions to the Service performance obligations is applicable, if the Service causes an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed to a person or entity that does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Account and for directing to the proper recipient any previously misdirected payments or transfers. The foregoing shall constitute our entire liability and your exclusive remedy. In no event shall we be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the Service

Prohibited Payments and Service Limitations
Payments may be only to Payees with a United States address. You may not make a payment of alimony, child-support, taxes or other governmental fees, or court-directed payments with the Service. There is a $1.00 minimum for bill payment transactions. The Maximum Permitted Bill Payment Amount is $10,000.00 per transaction. There is a limit of 999 Payees. We reserve the right to refuse to pay any merchant or other person to whom you may direct a payment. We are obligated to notify you promptly if we decide to refuse to pay a Payee. This notification is not required if you attempt one or more of the prohibited payments set forth above.

Exclusions of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Password and Security
You agree not to give or make available your bill pay password, bill pay User ID, or bill pay Personal Identification Number (PIN) (collectively called the "security codes") to any unauthorized individuals. You are responsible for all bill payments you authorize using the Service. If you permit other persons to use the Service or your password, Username, or PIN, you are responsible for any transactions they authorize from your Account.

If you believe that any or all of your security codes have been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by contacting online banking and bill pay customer service at the following number:

Hancock Bank (Mississippi) 1-800-448-8812

Hancock Bank of Louisiana 1-800-256-4636

Hancock Bank of Florida 1-800-726-0920

Hancock Bank of Alabama 1-866-744-8801

Disclosures
Please refer to the HandyNet^® Online Banking Agreement and Related Disclosures for provisions regarding Limitations and Dollar Amounts For Transfers, Monthly Service and Other Charges, Business Days, In Case Of Errors or Unauthorized Transfers on your Account, Your Liability For Unauthorized Transfers, Business Days, and Our Liability For Failure To Complete Transactions, Other Limitations To Our Liability, and other related disclosures and provisions.

Bill Payment Documentation
As part of your monthly statement for your Account, all initiated payments processed against your Account during the most recent statement period will be reflected. On the process date, payments will be debited from your Account and credited to a settlement or clearing account for collection by our third-party service provider. Depending on the merchant, our third-party service provider will make payments by paper or electronic means.

Address Changes
You agree to notify us promptly in writing of any address change. Additionally, you agree to notify us in writing at least ten (10) business days in advance of any change in your Account status

Termination or Discontinuation
To discontinue the Service, each user with an established bill pay user ID must notify the bank individually. In the event you wish to discontinue the Service, you may notify the Bank in one of three ways:

Telephone online banking & bill pay customer service at the number listed below:
Hancock Bank (Mississippi) 1.800.448.8812
Hancock Bank of Louisiana 1.800.256.4636
Hancock Bank of Florida 1.800.726.0920
Hancock Bank of Alabama 1.866.744.8801
Write us at:
Hancock Bank
Attn: Telebanking Center - Internet Bill Pay
P.O. Box 4019
Gulfport, MS 39502
E-mail us at:
billpay@hancockbank.com

When communicating with the Bank, please tell us your name, Account number and Social Security Number. NOTE: If communicating via e-mail, please provide your name and only the last four digits of your checking account and the last four digits of your social security number. All communications through the internet are considered unsecure and in the "open" unless otherwise indicated.

Any notice of termination from you will become effective as soon as we have had a reasonable amount of time to act on it. If you notify us verbally, you may be asked to send written notification. We may terminate the Service to any individual at any time.

All fees and charges associated with the use of the Service will apply regardless of the contact date for cancellation, defined as the actual closing of your bill pay service account in the payment system, even if a new statement period or calendar month has begun. Neither termination nor discontinuation shall affect your liability or obligation under this Service Agreement.

Upon cancellation, all Scheduled Payments (recurring and non-recurring), Pending Payments and payments In Process will be terminated

Information Authorization
By accepting and using the Service, you agree that we have the right to request a review of your credit rating at our expense through an authorized bureau. In addition, you authorize us to obtain information regarding your bill payment transactions from a merchant or other Payee to resolve payment-pending problems.

Disputes
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Service Agreement. You agree that this Service Agreement is the complete and exclusive statement of the agreement between you and us that supersedes any proposal or prior agreement, verbal or written, and any other communications between you and us relating to the Service. If there is a conflict between what one of our employees says and the terms of this Service Agreement, the terms of this Service Agreement shall control.

Assignment
You may not assign this Service Agreement to any other party. We may assign this Service Agreement to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of its rights and responsibilities under this Service Agreement to independent contractors or other third parties.

No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions
The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Service Agreement.

Governing Law
Governing Law and Venue. Hancock Bank, a Mississippi banking corporation, for its own account, and as agent for Hancock Bank of Louisiana , Hancock Bank of Florida, and Hancock Bank of Alabama offers the Services to you and accordingly you agree that this Agreement shall be interpreted according to Mississippi law and you further agree that all disputes arising out of or relating to this Agreement or the provision of services by us shall be resolved in a court of competent jurisdiction in the State of Mississippi and you hereby consent to the exclusive jurisdiction and venue of such courts.