Home Banking Agreement

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 of Silver City through First New Mexico Bank of Silver City’s Home Banking system. This Agreement contains important information regarding your rights and obligations as a consumer or business user of Home Banking or the Bill Payment service. It also describes the rights and obligations of First New Mexico Bank of Silver City.

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 Home Banking Service Agreement, you and First New Mexico Bank of Silver City agree to comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Home Banking service, the Bill Payment service, or the E-Statement 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 of Silver City, including the disclosed fees that may be imposed on your account(s).

Definitions:

The following definitions apply in this Agreement:

• Home Banking refers to the Internet-based service providing access to your First New Mexico Bank of Silver City accounts.
• “We”, “our”, “us” and “Bank”, refer to First New Mexico Bank of Silver City.
• “You” and “your” refer to the account Holder authorized by the Bank to use Home Banking under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through Home Banking.
• “Services” refers to the Home Banking service, the Bill Payment service, and the E-Statement service pursuant to this Agreement.
• “Account(s)” mean any First New Mexico Bank of Silver City account which you access using the Services.
• “Business day” means Monday through Friday, excluding Saturday, Sunday and federal banking holidays.
• “Time of day” references are to Mountain Standard Time or Mountain Daylight Time, as applicable.
• “Electronic fund transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your bank accounts using Home Banking.

Access to Services:

To use Home Banking, you must have access to internet service, an e-mail address, and at least one deposit account at the Bank. You must register online. Once we have received your online registration from we will verify your account information and approve your registration. Once you have been approved you will be notified via e-mail and may begin using the internet banking service. Home Banking can be used to access only the bank accounts which you have designated for access by your Home Banking Enrollment Form. You can add or delete any of your bank accounts from this agreement by sending us written instructions. Access to your accounts to Home Banking will be based upon the identification of your customer number and password. We undertake no obligation to monitor transactions through Home 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 Home Banking. You agree that neither the Bank nor any internet service provider you utilize to access Home 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 Home Banking network.

Hours of Operations:

Home Banking services are available twenty-four hours a day, seven days a week, except during special maintenance periods. For transaction purposes, Home Banking business days are Monday through Friday, excluding posted holidays. Transfers received after 1:00 PM MST on business days, Saturdays, Sundays or posted holidays will be processed on the next business day.

Home Banking Services:

You can use Home Banking for account balance inquiry, transfer funds between accounts, stop payment initiation, view a copy of your checks and deposits, and access to various reports and stock quotes via 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 Payment service through your Home Banking service. The Bill Payment service is free.
For complete information, please read our Bill Payment Agreement & Disclosure.

E-Statements:

Electronic Statements are available at no additional charge. If you elect to have your statement made available through our Home Banking service you will no longer receive a mailed statement.
For complete information, please read our E-Statement Agreement & Disclosure.

Protecting Your Password:

You will determine what password you will use and 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 five times, your account will be automatically locked. This protects you if someone is trying to guess your password. If you enter it incorrectly five times, you may call the Bank with instructions to unlock your account. For your protection, your password will expire every 90 days. Ten days prior to expiration, you will begin receiving a notice each time you login to Home Banking reminding you to change your password. For security, we recommend that you create a password that utilizes both upper and lower case alpha and numeric characters. Password requirements are between 6 to 10 alpha/numeric characters long. We recommend that your password should not be associated with commonly known personal identification such as your social security number, date of birth, names of children and that you should memorize it rather than write it down.

Security:

You understand the importance of your role in preventing misuse of your accounts through Home 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 and password are intended to provide you with security against unauthorized entry and access to your accounts. Data transferred through Home Banking is encrypted in an effort to provide transmission security. Despite our efforts to insure that Home 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 Home Banking, or e-mail transmitted to and from us, will not be monitored and read by others.

Home 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 can make no more than six (6) transfers per quarterly statement period by pre-authorized transfer, automatic transfer, telephone or Home Banking.

Money Market Account:

You can make no more than six (6) transfers per statement period by pre-authorized transfer, telephone, automatic transfer, telephone or Home Banking. No more than three (3) of these transfers may be made by check, draft, or point of sale (POS). Accounts that require more than one signature for withdrawal cannot be set up for Home Banking.

Stop Payment Requests:

You may initiate a stop payment request through Home Banking e-mail service only for paper checks that you have written on your bank accounts. Home Banking stop payment requests are processed by bank personnel when actually received by the Bank in proper form. The stop payment must precisely identify the name of the payee, the check number(s), the amount of the check and the date of the check. 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:

• Electronic fund transfers involving currency disbursements, like teller cashed checks or ATM withdrawals, will have priority.
• Electronic fund transfers initiated through Home Banking which would result in an overdraft of your account may, at our discretion, be cancelled.
• In the event the electronic fund transfers initiated through Home Banking would result in an overdraft of your account and they are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Disclosure of Information to Third Parties:

Your financial information, with respect to your account at First New Mexico Bank of Silver City, 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:

• To complete transfers as necessary; or
• To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or
• To comply with a government agency or court orders, or other orders or documents with which we are legally obligated to comply; for example, a subpoena.
• If you give us your written permission

For additional information about customer privacy, please read First New Mexico Bank of Silver City’s Privacy Policy on page six (6) of this document.

Periodic Statements:

You will not receive a separate Home Banking statement. Transfers to and from your accounts using Home Banking will appear on the regular paper statement for your banking accounts, unless you have enrolled in our E-Statement service.

Change in Terms:

First New Mexico Bank of Silver City may modify the terms and conditions applicable to the Home 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.

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 5 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:

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 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.

1. If, through no fault of ours, you do not have enough money available in your account to make the transfer or if the transfer would cause your balance to go over the credit limit of an established line of credit or for any credit arrangement set up to cover overdrafts.
2. If your funds are subject to legal process or other encumbrance restricting the transfer.
3. If your account has been closed, if there is a hold on your account, or if it has been frozen or blocked in accordance with banking policy.
4. If you have not properly followed the on-line screen instructions and you fail to receive a transaction confirmation screen or fail to confirm the transaction.
5. If Home Banking is not working properly and you know or have been advised by the Service or the Bank about the malfunction before you executed the transaction.
6. If you know or should have known that someone has accessed your accounts without your permission, and you failed to notify the Bank immediately.
7. If you, or anyone authorized by you commits fraud or violates any law or regulation.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or payment.
9. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure) prevent the transfer, despite reasonable precautions that we have taken.
10. If you default under this Agreement, the Deposit Agreement, or any other agreement with us, or if we or you terminate this Agreement.

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 are listed in subparagraph 8 and 9 above, 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 Home Banking service provided under this Agreement. We do not warrant that Home Banking will operate without errors, or that any or all Home 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 Home 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 Home Banking, your Bill Payment, your E-Statements, or all services at any time by providing us with written notice by e-mail, postal mail or fax. 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 Home 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 their Home 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 ninety (90) days.

Communications between the Bank and You:

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

In Person
First New Mexico Bank of Silver City
1928 Highway 180 East
Silver City, NM 88061

Postal Mail
First New Mexico Bank of Silver City
PO Box 2798
Silver City, NM 88062

Telephone
(575) 388-3121

Fax
(575) 388-1224