ONLINE ACCESS AGREEMENT AND ELECTRONIC FUND TRANSFER ACT DISCLOSURE
Agreement - This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract which establishes the rules which cover your electronic access to your accounts at Western Bank ("BANK") through Netteller ("SYSTEM"). By using SYSTEM, you accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of New Mexico (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and BANK’s successors and assignees. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words "we," "our," "ours", "us," and "BANK" mean Western Bank. "Customer, ""you" and "your" refer to the accountholder authorized by BANK to use SYSTEM under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through SYSTEM. "Account" or "accounts" means your accounts at BANK. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your BANK accounts using SYSTEM. "SYSTEM Services" means the services provided pursuant to this Agreement. "Business days" means Monday through Friday. Holidays are not included.
Access - To use SYSTEM, you must have at least one checking account at BANK, access to Internet service, and an e-mail address. Once we have received your signed Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. SYSTEM can be used to access only the BANK accounts which you have designated for access by SYSTEM in your Enrollment Form. You can add or delete any of your BANK accounts from this Agreement by completing a new Enrollment Form. Access to your accounts through SYSTEM will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the accountholder.
SYSTEM Services - You can use SYSTEM to check the balance of your BANK accounts, view BANK account histories and transfer funds between your BANK accounts. Balance and activity information are available as of 6:00 p.m. (Mountain Time) of the previous business day.
Hours of Access - You can use SYSTEM seven days a week, twenty-four hours a day, although some or all SYSTEM services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM web site.
Your Password - For security purposes, you are required to change your password upon your initial login to SYSTEM. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to SYSTEM will be revoked. To re-establish your authorization to use SYSTEM, you must contact us to have your password reset or to obtain a new temporary password.
We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
PIN/Password Security - You are responsible for the security and confidentiality of any PIN or Password used to access any Western Bank electronic transfer, including but not limited to, the ATM PIN, POS PIN, Debit Card PIN, Audio Response PIN, and Online Banking Password. You agree not to disclose or otherwise make available any PIN or Password to anyone not authorized to sign on your account(s). If you do disclose your Pin or Password to another, you have granted them authorization to use that device to make transfers. Until you notify us, that authorization will remain in effect. Telephoning us at 575-748-1345 is the quickest way to revoke this authorization. We may request that you put this revocation in writing within 10 business days after first contacting us. If you fail to revoke this authorization, you may be liable for all transfers made by the authorized person, even if you were unaware of the transfers at the time they were made. We encourage you to change your PIN(s) and Password(s) from time to time for your own protection. You agree to follow prudent Internet security guidelines to prevent unauthorized persons from installing programs on your computer that would compromise your Online Banking Login and Password.
Security - You understand the importance of your role in preventing misuse of your accounts through SYSTEM and you agree to promptly examine your paper statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the SYSTEM 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 BANK SYSTEM, or e-mail transmitted to and from us, will not be monitored or read by others.
Fees and Charges - You agree to pay the fees and charges for your use of SYSTEM Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the BANK checking account designated as the "Primary Checking Account" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone, mobile, and Internet service fees you incur in connection with your use of SYSTEM.
Posting of Transfers - Transfers initiated through SYSTEM before 6:00 p.m. (Mountain Time) on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. (Mountain Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. SYSTEM identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu options of SYSTEM will not reflect transfers made by multiple users from the same account if different login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
- Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
- Electronic fund transfers initiated through SYSTEM which would result in an overdraft of your account may, at our discretion, be cancelled;
- In the event the electronic fund transfers initiated through SYSTEM which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of SYSTEM Transactions - The number of transfers from BANK accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Stop-Payment Requests – You may initiate stop payment requests online via SYSTEM only for paper checks you have written on your BANK accounts. Online Stop Payment Requests are processed when actually received by the Bank in proper form. The stop payment must precisely identify the name of the payee, the check number, the amount and date of the check.
If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of paper writing and get it to us within 14 days after you initiate online or call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account.
Disclosure of Account Information and Transfers - You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to SYSTEM. You agree to, and hereby authorize, all of these transfers of information.
Periodic Statements - You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic statements for your BANK accounts.
Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the BANK SYSTEM web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers - Call us or write to us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 DAYS after we sent you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- 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.
- Tell us the dollar amount and date of the suspected error.
If you tell us orally, we may require that you send us your inquiry in writing within 10 business days. We will determine whether an error occurred within 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 your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the 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 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the account.
- If your account is closed, or if it has been frozen.
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunications device, or any part of the SYSTEM electronic fund transfer system is not working properly when you attempted to initiate the transfer and you reasonably suspected that there was a problem or that your transfer might not have been initiated, but you failed to notify us.
- If you have not properly followed the on-screen instructions for using SYSTEM or you fail to receive a transaction confirmation screen.
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM 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 SYSTEM, 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. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.
Your Right to Terminate - You may cancel your SYSTEM service at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate – You agree that from time to time we may limit access to SYSTEM services to perform routine hardware or software maintenance and for similar purposes.
- Without prior notice, if you have insufficient funds in any one of your BANK accounts. SYSTEM service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
- Upon 3 business days' notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
- Upon reasonable notice, for any other reason at our sole discretion.
Communications between BANK and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
- E-mail - You can contact us by e-mail at wbartesia.com (Please note that banking transactions through SYSTEM are not made via e-mail.)
- Telephone - You can contact us by telephone at 575-748-1345
- Facsimile - You can contact us by fax at 575-746-4583
- Postal Mail - You can write to us at: 320 W Texas Ave, Artesia, NM 88210
- In Person - You may visit us in person at any one of our locations:
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 posting the notice on the BANK SYSTEM web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
FEDERAL ESIGN DISCLOSURE AND ELECTRONIC SIGNATURE CONSENT
Please read this Federal ESIGN Disclosure and Consent carefully and keep a copy for your records.
The following disclosures are required by the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”). They are necessary to open your account electronically or to allow us to provide disclosures electronically; you can record your consent to the ESIGN disclosures by placing a checkmark in the box on the next page.
Electronic Delivery of Disclosures and Notices
You are not required to receive documents electronically; however, by checking the box on the next page, you are consenting to receive the following disclosures, notices, terms and conditions, and other documents and all changes to the disclosures, notices, etc. electronically. There is no charge for requesting that disclosures be provided in paper form and transactions are not processed any differently because you elected not to receive disclosures electronically. In order for employees of Western Bank to email documents to you and for you to access, receive and retain the disclosures, notices, etc. you must provide at your own expense an Internet connected device that is compatible with the system used by Western Bank at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the disclosures and notices electronically each time you access documents provided by Western Bank.
Please click on the PDF files or HTML links, select Print, select your printer and click on OK or select Save to retain a copy on your PC. If you are working on a public computer, you should not engage in online account opening.
Paper Delivery of Disclosures and Notices
At any time, you have the right to receive a paper copy of the disclosures, notices, terms and conditions, other documents, and any changes. To receive a paper copy, at no charge, please request it in one of the following ways: send an e-mail message with your name and mailing address to Western Bank. Be sure to state that you are requesting a copy of the disclosures, notices, etc. Should you need to contact us, you may call the main office at 575-748-1345
System Requirements to Access Information
To receive an electronic copy of the disclosures, notices, terms and conditions, other documents, and changes you must have the following equipment and software:
A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
An internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser of either Microsoft® Edge version 94.0.992.57 or higher (available for downloading at https://www.microsoft.com/en-us/edge/download?form=MA13FJ ), or Google Chrome version 80.0.3987 or higher, and your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements. You must have software which permits you to receive and access Portable Documents Format or “PDF” files, such as Adobe® Acrobat Reader ® version 8.0 and above (available for downloading at http://www.adobe.com/products/acrobat/readstep2.html). Your access to this page verifies that your system/device has the necessary software to permit you to receive and access PDF files.
System Requirements to Retain Information
To retain a copy of the disclosures, notices, terms and conditions, other documents, your device must have the ability to download and store PDF files.
Withdrawal of Electronic Acceptance of Disclosures and Notices
You can also contact us in any of the ways described in the preceding paragraph to withdraw your consent to receive any future disclosures, notices, terms and conditions, and other documents electronically, at no charge.
You acknowledge that we may accept any electronic representation of your signature whether complete via software, Adobe/PDF, or other method as a legal representation of your signature to apply for a loan, account, joint intent, or to authorize a transaction. We may accept the electronic representation of your signature as valid for all purpose until you have revoked consent at the contact above.