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First New Mexico Bank
First New Mexico Bank
First New Mexico Bank

OnLine Banking Disclosure

ONLINE BANKING DISCLOSURE:

This Agreement, which includes any Fee Schedules, is a contract which establishes the rules that govern any electronic access to your accounts at First New Mexico Bank through First New Mexico Bank's OnLine Banking system. This Agreement contains important information regarding your rights and obligations as a consumer or business user of OnLine Banking or the Bill Payment service. It also describes the rights and obligations of First New Mexico Bank.

By executing the enrollment form, you, the account holder, agree to comply with the terms and conditions of this Agreement. We may introduce other services from time to time. By using these services as they become available, you agree to be bound by the terms and conditions contained in this Agreement.

OTHER AGREEMENTS:

In addition to this OnLine Banking Service Agreement, you and First New Mexico Bank agree to comply with the requirements of the agreements applicable to each of your online accounts. Your use of the OnLine Banking service or the Bill Payment service is your acknowledgment that you have received these agreements and intend to be bound by them. You should also review all other disclosures you received when you opened your accounts with First New Mexico Bank, including the disclosed fees that may be imposed on your account(s).

DEFINITIONS:

The following definitions apply in this Agreement:

ACCESS TO SERVICES:

To use OnLine Banking, you must have access to internet service, an e-mail address, and at least one deposit account at the Bank. You can register in person or online. Once we have received your registration form and have verified your account information, you will be notified by e-mail, confirmation of our acceptance of your enrollment. OnLine Banking can be used to access only the bank accounts which you have designated for access by your OnLine Banking Enrollment Form. You can add or delete any of your bank accounts from this agreement by sending us written instructions or by calling us. We will add or delete any accounts after we verify your identity. Access to your accounts to OnLine Banking will be based upon the identification of your customer number and password. We undertake no obligation to monitor transactions through OnLine Banking to determine that they are made on behalf of the account holder.

You are responsible for obtaining, installing, maintaining and operating all equipment used for OnLine Banking. You agree that neither the Bank nor any internet service provider you utilize to access OnLine Banking shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Bank, Internet browser or Internet access providers. Nor shall the Bank or any service provider be responsible for any direct, indirect, special or consequential, economic or other damages arising out of your use of the OnLine Banking network.

HOURS OF OPERATIONS:

OnLine Banking services are available twenty-four hours a day, seven days a week, except during special maintenance periods. For transaction purposes, OnLine Banking business days are Monday through Friday, excluding posted holidays. Any loan payment/transfers received after 2:00 PM MST will be processed on the next business day. Transfers received on Saturday or Sunday will be posted in Mondays processing.

ONLINE BANKING SERVICES:

You can use OnLine Banking for account balance inquiry, transfer funds between accounts, view a copy of your checks and deposits, and access to various reports through a web link. These services are offered to you free of charge.

BILL PAYMENT SERVICES:

If you would like the additional convenience of paying bills to third parties, you can sign up for our Bill Pay-e Plus™ service through OnLine Banking. Bill Payment is free for the first two (2) months. After this initial period, a monthly fee will be automatically deducted from your account according to the current fee schedule. This charge is in addition to any other monthly service fees or per transaction fees that apply to your account as disclosed to you in the information you received when you opened your account. For a Free "Bill Payment" account, ask about our Home Town Checking Account.

For complete information, please read and print our Bill Payment Agreement & Disclosure.

MULTIKEY MULTIFACTOR SECURITY gives you extra protection from fraud and identity theft. It identifies you as the true "owner" of your accounts. Your computer as well as your password will be recognized. Challenge Question: Once set up, they will only appear if a login attempt is made from an unsecured or public computer. To set up, you will be asked to choose and answer three questions from the drop-down list during the login setup process. The answers are not case sensitive. Challenge Image: Choose a theme of your image set by clicking on one of the categories and then select one challenge image. You will have to select this image correctly to login.

PROTECTING YOUR PASSWORD

During the registration process, you will be prompted to choose a password for accessing OnLine Banking. You will not communicate said password to the Bank.

All transactions initiated with your customer number and password will be attributed to you. You agree that the Bank is authorized to act on instructions received under your password. You agree to accept responsibility for the confidentiality and security of your password. You may change your password at any time.

For your protection, if your password is entered incorrectly three times, your account will be set to a simple lockout. A four digit code will be automatically sent to your e-mail address. You will be prompted to enter this code during your next login attempt. If you do not have an email address, you will have a Total Lockout and you will have to call the bank to reset your password. If you have five failed login attempts, you will encounter a Total Lockout. To regain access, you will have to call the bank to reset your password. This protects you if someone is trying to guess your password. A bank employee will contact you if you appear on our “Failed Login” report.

For your protection, your password will expire every 90 days. Seven days prior to expiration, you will begin receiving a notice each time you log in to OnLine Banking reminding you to change your password. For security, your password must contain characters from each of the following groups, letters, numbers and symbols. (!@#$%^&*?+=~). It must be at least six characters. The first character must be a letter or a number. We recommend that your password should not be associated with commonly known personal identification such as your social security number, date of birth or names of children. You should memorize it rather than write it down.

SECURITY:

You understand the importance of your role in preventing misuse of your accounts through OnLine Banking and you agree to protect the confidentiality of your customer number, your password and other related information. You understand that personal identification information, by itself or with other related information to your account, may allow unauthorized access to your account. Your customer number, password, challenge image and challenge questions are intended to provide you with security against unauthorized entry and access to your accounts. Data transferred through OnLine Banking is encrypted in an effort to provide transmission security. Despite our efforts to insure that OnLine Banking is secure, you acknowledge that the internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing OnLine Banking, or e-mail transmitted to and from us, will not be monitored and read by others.

ONLINE BANKING TRANSACTION LIMITATIONS:

You may complete an unlimited number of transfers between deposit accounts, provided funds are available. The following limitations apply for savings and money market accounts due to government regulations.

Savings Accounts: You may make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, telephone, including data transmission OnLine Banking agreement, order or instruction or by check, draft, debit card or similar order (including POS transactions) made by the depositor and payable to third parties. Please review our current Service Charge Schedule for any fees associated with our savings accounts.

Money Market Account: You can make no more than six (6) transfers per statement period by pre-authorized transfer, automatic transfer, telephone or OnLine Banking. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Please review our current Service Charge Schedule for any fees associated with our Money Market accounts.

Accounts that require more than one signature for withdrawal cannot be set up for OnLine Banking.

STOP PAYMENT REQUESTS:

To request a stop payment on any transaction you have written on your account, please call the bank. If you make a stop payment request by telephone, the Bank requires you to stop by the bank within fourteen (14) days to sign the stop payment request. You will incur stop payment charges as disclosed in the current fee schedule.

OVERDRAFTS:

If your account has insufficient funds to perform all electronic funds transfers you have requested for a given business day, then:

DISCLOSURE OF INFORMATION TO THIRD PARTIES:

Your financial information, with respect to your account at First New Mexico Bank, will be held in confidence. However, we will disclose information to third parties about your account or the transfers you make in the following situations:

For additional information about customer privacy, please read First New Mexico Bank's Privacy Policy on page seven (7) of this document.

STATEMENTS:

Online Statements will allow you to review, download and print statements for the selected account. When the search results are returned, the statements will be listed by date. These statements are in pdf format and you must have the appropriate Adobe© software installed on your computer in order to view or print them. At this time, you will continue to receive a printed statement from the bank.

CHANGE IN TERMS:

First New Mexico Bank may modify the terms and conditions applicable to the OnLine Banking or its Bill Payment service. Should this occur, we will notify you of any changes by mail to your address shown on our account records, or by sending you an electronic mail message (e-mail).

CONSENT TO ELECTRONIC DELIVERY OF NOTICES:

You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by e-mail. You agree to notify us immediately of any change in your e-mail address or change it within the product using the User Options, E-Mail Address



ERROR RESOLUTION - CONSUMER ACCOUNTS ONLY

ERRORS OR QUESTIONS ABOUT ELECTRONIC TRANSFERS:

If you are a consumer utilizing your account for personal, family or household purposes, contact us as soon as you can if you think your statement is incorrect, or if you need more information about a transfer listed on your statement. (Contact information is located on page 6 of this disclosure) We must hear from you no later than sixty (60) days after we sent the first statement upon which the problem or error appeared. When you contact us, please provide us with the following information:

If you notify us by telephone or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within ten (10) business days.

We will determine whether an error occurred as quickly as possible after receiving notification from you and will correct any error on our part promptly. We will communicate to you the results of our investigation within ten (10) business days after you contact us. If we need more time, we may take up to 45 days to investigate your questions or complaint. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so you will have use of the money during the time it takes us to complete our investigation. If we asked you to put your question or complaint in writing and we do not receive it within 10 business days, we may not provisionally credit your account.

If we decide that there was no error, we will send you a written explanation within 3 days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER:

The Bank through this Service will make every effort to make all your transfers or payments properly and on time. The Bank shall not incur any liability if they are unable to complete any transaction due to the following circumstance.

There may be other exceptions stated in this Agreement or in other agreements with you. Please note that the law limits our liability, and the Bank will only be liable for certain kinds of losses and damages. In no event shall the Bank be liable for damages in excess of your actual loss due to our failure to complete a transfer, and the Bank will not be liable for any incidental or consequential damages.

If any of the circumstances that are listed in subparagraph 8 and 9 above occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFER:

If your password has been lost, stolen or otherwise compromised, or if you believe someone has transferred or may transfer money from your accounts without your permission, contact the Bank at once followed up by written notification by e-mail, fax or postal mail. This is the best way to reduce any possible losses. If you notify the Bank within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your password without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your password, and we establish that we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.

If your statement shows transfers that you did not make, contact us at once. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not recover any money you lost through transactions made after the sixty (60) day time frame if we can prove that we could have stopped someone from transferring the money if you had notified us in time. If extenuating circumstances delayed you from contacting the Bank, (such as a hospital stay) the Bank will extend the time period.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

We make no warranty of any kind, express or implied, in connection with the OnLine Banking service provided under this Agreement. We do not warrant that OnLine Banking will operate without errors, or that any or all OnLine Banking services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of or access to OnLine Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty.

PERIODIC UPDATE:

Periodically our service provider will enhance their product through updates. You agree to abide by any new rules to future enhancements.

YOUR RIGHT TO TERMINATE:

You may cancel your OnLine Banking, your Bill Payment or both services at any time by providing us with written notice by e-mail, postal mail or fax or in person.. Please provide us with your name, address and the service you are discontinuing, and the effective date to stop the service. If no date is provided, access to the service will be suspended within three (3) business days of our receipt of your instructions to cancel this service. When Bill Payment is terminated, bill payments made through this service will also be terminated. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

OUR RIGHT TO TERMINATE:

The Bank reserves the right to terminate this Agreement and your use of the OnLine Banking system, in whole or in part, at any time under, but not limited to the following circumstances:

  1. Without prior notice, if your accounts are not maintained in good standing. The Bank reserves the right to
    put a hold on a customer's account. The customer is informed that their OnLine Banking access
    to their account is on hold when they try to log in.
  2. If you do not comply with this Agreement or other Agreements governing your accounts.
  3. If your account has been inactive for more than 90 days.

TIMEOUT SESSIONS:

OnLine Banking sessions will "time out" after fifteen minutes of inactivity. If a customer leaves their compute unattended and they have not logged out of OnLine Banking, this will help prevent others from viewing their accounts. We recommend to our customers that they log out of OnLine Banking when they are finished looking at their information, or if they wish to browse to another web site.

COMMUNICATIONS BETWEEN THE BANK AND YOU:

Unless this Agreement states otherwise, you may communicate with us in any one of the following ways:

First New Mexico Bank, Deming

In Person:
First New Mexico Bank
300 South Gold
Deming NM 88030

Telephone
(575)546-2691

Fax
(575)544-6072

Postal Mail:
First New Mexico Bank
PO Box 511
Deming NM 88031

I, ____________________________________________ acknowledge I have received the OnLine Banking Agreement and Disclosure as well as the Bank’s Privacy Policy.

I hereby agree to abide by the conditions set forth.

________________________________________________________________________
E-Mail Address

____________________________________________
Signature

_______________________
Date

Please initial below that you have read the OnLine Banking Agreements and Disclosure.

Initial here ________________.



PRIVACY POLICY

CONFIDENTIALITY AND SECURITY OF NONPUBLIC PERSONAL INFORMATION:

We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information.

NONPUBLIC PERSONAL INFORMATION WE COLLECT

We collect nonpublic personal information about you from the following sources:

NONPUBLIC PERSONAL INFORMATION WE DISCLOSE:

We do not disclose nor do we reserve the right to disclose, any nonpublic personal information about our customers or former customers to anyone, except to other nonaffiliated third parties as permitted by law.

NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES:

Please notify us if we report any inaccurate information about your accounts(s) to a consumer reporting agency. Your written notice describing the specific inaccuracies should be sent to us at the appropriate location. For your convenience, the address for First New Mexico Bank is located below.

First New Mexico Bank, Deming

In Person:
First New Mexico Bank
300 South Gold
Deming NM 88030

Telephone
(575)546-2691

Fax
(575)544-6072

Postal Mail:
First New Mexico Bank
PO Box 511
Deming NM 88031

BILL PAYMENT

This agreement states the terms and conditions that apply when you use the Bank's on-line Bill Payment Services. By subscribing to and using the Service to pay bills, you agree to the terms and conditions of this Agreement as well as other agreements and disclosures that govern your account(s). For consumer accounts, refer to our Electronic Fund Transfers for additional rights that you have regarding Bill Payment Services.

OTHER AGREEMENTS:

Your use of the Bill Payment service is your acknowledgment that you have received this agreement and intend to be bound by it. You should also review all other disclosures you received when you opened your accounts with First New Mexico Bank, including the disclosed fees that may be imposed on your account(s).

DEFINITIONS:

"We", "us", "our" and "Bank" refer to First New Mexico Bank. "You" and "your" refers to each person who signs the Bill Payment application or who uses or is authorized to use your Bill Payment account. Bill Payment Service will be referred to as "Service(s)". The terms "Payee" or "Merchant" means any individual, business, company or third-party that you are making a payment to through the Service.

THE SERVICE:

The Bill Payment Service is provided to you through OnLine Banking. This Service, through your authorization, permits you to direct payments from your designated Bill Payment account to third parties that you wish to pay. You may designate only one checking account to be your Bill Payment account. All payments that you make from this Service will be deducted from the checking account that you designate as your Bill Payment account. All applicable fees and service charges related to this Service will automatically be deducted monthly from this checking account. Money Market and Saving Accounts are not eligible accounts. You may not designate any account that requires more than one signature for withdrawals. Payments cannot be made to Payees outside the United States.

After completing the requested online application to establish your Bill Payment account, First New Mexico Bank reserves the right to review your account information. Although you may be approved, depending on your account status, the Bank reserves the right to deactivate your Bill Pay Account at any time. Contact First New Mexico Bank Deming at 575-546-2691 if you do not receive an activation e-mail or a welcome letter.

ID AND PASSWORD:

You agree to keep your ID and Password confidential to prevent unauthorized use and loss to your accounts.

DESIGNATING PAYEES OR MERCHANTS:

You can make a bill payment to anyone that is accepted by the system as a payee or merchant; however, you are not permitted to designate any governmental agency or court, such as child support, alimony, or other court-ordered payments, or for taxes or other governmental fees. Payments to these types of payees will be your sole responsibility if delayed or improperly processed or credited.

Bills are paid either by electronic payment (ACH) and governed by their rules or paid by check. In all cases, the bill payment will be processed with the information that you supply the Bank.

You must provide sufficient information about a Payee or Merchant to permit us to properly direct payment and permit the Merchant upon receipt of a payment, to identify you as the payment source. When choosing a vendor listed, be sure to verify that the complete information is an exact match. You are responsible for correcting that information if it does not agree with your records or the particular bill you are paying. The Bank will not be responsible for any damages you suffer, including late charges or interest, if you do not use the Services correctly, or in accordance with this agreement or with any on-screen instructions you receive. We are not liable for any actions by any third parties, or by any other circumstances beyond our control. User friendly Help Screens are available for your use.

PAYMENTS:

We use a bill payment vendor, iPAY Technologies to provide the Services, and you understand that various financial intermediaries and their servicers may be involved in processing your payment. Any information you provide us may be used by us or these other parties to complete your transaction. In addition, you should review our Privacy Policy for information regarding other possible uses of the information you supply.

We will make payments from your selected Bill Payment Checking Account to the Payees or Merchants designated by you. You will designate the date the payment is to be made. Please note, this is the date the payment is to be mailed to the Payee or Merchant and it is not the date the payment is to be received by the Payee or Merchant. Any payment scheduled through the Service should be scheduled to allow at least three (3) days for electronic payments (ACH) and five (5) business days for check payments. You are responsible for ensuring that you input a date for a bill payment in time for the payment to reach the payee before its due date. There is a payment cap of $9,999.00, regardless of how the payment is disbursed.

BILL PAYMENT SCHEDULING RULES:

The Service for setting up payments is available to you 24 hours a day, seven days a week. When setting up a payment on a week-end, the first day you may schedule payment of the bill is the first business day following the weekend. For detailed information on scheduling and processing payments, review Scheduled Payments in Help.

NON-SUFFICIENT FUNDS FEE (NSF):

If your Bill Payment checking account does not have sufficient funds to make a payment as of the date of the transfer or payment scheduled or attempted to be made, an NSF fee will be charged to your account for each payment, based on the current fee schedule in place at that time

The banks reserves the right to close your bill payment account if you experience excessive NSF.

MONTHLY SERVICE FEE:

If you would like to set up a Bill Payment account, this Service will be provided to you free of charge for the first two (2) months. Thereafter, a monthly fee will automatically be deducted from your designated Bill Payment checking account on a monthly basis, as per the Bank's current Service Charge Schedule, generally during the first 10 days of the month. You agree to pay the fee for Bill Payment Services, even if you do not use the Service in any given month. If you wish to close your Bill Payment account you must provide us with written notice by email, postal mail or by fax. We will continue to assess any monthly service fee or other fees until we receive written notice of your cancellation of the Services. For "Free Bill Payment, ask our new accounts representative about a "Home Town" checking account.

ERROR RESOLUTION - CONSUMER ACCOUNTS ONLY:

Errors or questions about your electronic transfers: If you are a consumer who uses your account for personal, family or household purposes, contact us as soon as you can if you think your statement is incorrect, or if you need more information about a transfer listed on your statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement upon which the problem or error appeared. When you contact us, please provide us with the following information: Contact information is located on page 6 of this disclosure.

  1. Tell us your name and account number.
  2. Describe the error or transfer you are unsure about and a clear explanation as to why you believe it is an error.
    Explain what type of information you need.
  3. Tell us the dollar amount of the suspected error and the date on which it occurred.

If you notify us by telephone or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within ten (10) business days.

We will determine whether an error occurred as quickly as possible after receiving notification from you and will correct any error on our part promptly. We will communicate to you the results of our investigation within ten (10) business days after you contact us. If we need more time, we may take up to 45 days to investigate your questions or complaint. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so you will have use of the money during the time it takes us to complete our investigation. If we asked you to put your question or complaint in writing and we do not receive it in within 10 business days, we may not provisionally credit your account.

If we decide that there was no error, we will send you a written explanation within 3 days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

If your Name or Address has changed please contact our New Accounts Department by telephone or postal mail.

LIABILITY:

We agree to use our best efforts in properly completing all bill payments on time and for the correct amount. Our liability to you for any claims arising out of errors or omissions in the Service provided shall be limited to the correction of the error. If the error cannot be corrected, our liability shall be limited to the amount of the error and any late fees, or interest accrued as a result of the error. There are some exceptions. We shall incur no liability if:

YOUR LIABILITY FOR UNAUTHORIZED TRANSFER:

If your statement shows transfers that you did not make, contact us at once. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not recover any money you lost through transactions made after the sixty (60) day time frame if we can prove that we could have stopped someone from transferring the money if you had notified us in time. If extenuating circumstances delayed you from contacting the Bank, (such as a hospital stay) the Bank will extend the time period.

DISCLOSURE OF INFORMATION TO THIRD PARTIES:

We will not disclose information about your account or the payment you make except in the following situations:

CONTACT INFORMATION:

Bill Payment Customer Support may be contacted by telephone. First, determine the nature of your inquiry and direct your question or issue to the appropriate area:

Call our service provider iPay Technologies at their toll free number 877-797-3960. They are open Monday through Friday from 5:30 AM to 12:00 AM (Midnight) MST They also have an online chat line available.

Call your Financial Institution if:

First New Mexico Bank, Deming

In Person:
First New Mexico Bank
300 South Gold
Deming NM 88030

Telephone
(575)546-2691

Fax
(575)544-6072

Postal Mail:
First New Mexico Bank
PO Box 511
Deming NM 88031

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