BILL PAY USER AGREEMENT
This Agreement contains the terms and conditions for the use of Online Bill Payment Service that Western Bank may provide to you (“you,” or “User”). Other agreements you have entered into with Western Bank, including the Depository Agreement and Disclosures governing your Bank account, are incorporated by reference and made a part of this Agreement. Note: All references to “Bill Payment” and/or “the Service” refer to the Bill Payment Service offered by Western Bank.
ONLINE BILL PAYMENT SERVICE
By providing the Service with the names and account information of those persons or entities to whom you wish to direct payment, you authorize the Service to follow the payment instructions that it receives from you through the software program. When the Service receives a payment instruction, you authorize the Service to charge your transaction account on the selected Payment Date and remit funds to the designated payee on your behalf.
While it is anticipated that most transactions will be processed and completed on the day of your selected Scheduled Payment Date and arrive approximately five (5) business days after your selected Scheduled Payment Date, it is understood that due to circumstances beyond the control of the Service, particularly concerning delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to post to your account with the designated payee. For this reason, it is recommended that all Scheduled Payment Dates selected by you for paper check payments be five (5) business days before the actual due date, not the late date and/or grace period, and that all Scheduled Payment Dates for electronic payments be three (3) business days before the actual due date, not the late date and/or grace period.
The Service will use its best efforts to make all your payments properly. However, paper check payments are delivered through the United States Postal Service (USPS) and may be subject to the periodic delays experienced in all mail processing. The Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
- Your account does not contain sufficient funds to complete the payment or transfer;
- The Processing Center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- Your paper check payment arrives late because of slow mail delivery by the USPS;
- The payee mishandles or delays a payment sent by the Service;
- You have not provided the Service with the correct names or account information for those persons or entities to whom you wish to direct payment;
- Circumstances beyond the Service’s control (such as, but not limited to, fire, flood, interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing six (6) exceptions to the Service performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your transaction account or causes funds from your transaction 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 transaction account and for directing to the proper recipient any previously misdirected payments or transfers.
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE 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 INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
Note: Payment of taxes or court-directed payments through the Service is prohibited.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS 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 service account access to any unauthorized individuals. If you believe that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 575-748-1345 during normal banking hours.
FEES
For the first two months, there will be no charge. Thereafter, it will be $4.95 per month. The first 20 bill payments are included in this fee, any excess past the first 20 will be $.40 each. If funds are not available when the payment posts, you may be charged an NSF or Paid Overdraft fee of $35.
For the first two months, there will be no charge. Thereafter, it will be $4.95 per month. The first 20 bill payments are included in this fee, any excess past the first 20 will be $.40 each. If funds are not available when the payment posts, you may be charged an NSF or Paid Overdraft fee of $35.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If your monthly statement contains transfers that you did not make, notify us at once. If you do not notify us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time.
ERRORS AND QUESTIONS
In case of errors and/or questions about your electronic transfers, you should telephone us at 575-748-1345 during normal banking hours or write us as soon as you can at:
Western Bank
320 W Texas Ave
Artesia, NM 88210
If you think your statement is wrong or you need more information about a transfer listed on the statement, we must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared.
You must:
- Tell us the dollar amount of the suspected error
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
If you tell us orally, we may require that you send your complaint or inquiry in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your account. If we decide that there was not an error, we will mail you a written explanation within three (3) business days after we complete the investigation.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
We disclose information to third parties about your account or the transfers you make only in the following situations:
- Where it is necessary for completing transfers; or
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant; or
- In order to comply with a governmental agency or court orders; or
- If you give us your written permission.
MERCHANT OR PAYEE LIMITATION
The Service reserves the right to refuse to pay any person or entity to whom you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax payments, court related payments, or payments to illegal entities, which are prohibited under this Agreement.
INFORMATION AUTHORIZATION
You agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment posting problems.
DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to the Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement, the terms of this Agreement shall control.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this agreement to independent contractors or other third parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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 bat 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 Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.