Please take a moment to review the items of this Agreement so that you understand the benefits and limitations of receiving disclosures required by the Truth in Lending Act, the Real Estate Settlement Procedures Act, and Equal Credit Opportunity Act electronically.
Electronic Document Delivery Agreement (Agreement)
To activate Century Bank's Loan Electronic Document Delivery, you must agree to the following terms and conditions:
1. SCOPE AND ACCEPTANCE OF TERMS. By clicking on the "Submit" button at the bottom of the page, you are consenting to the electronic delivery of selected information and disclosures, rather than by postal mail. Your preference to receive your related application disclosures required by applicable federal and state law and instructions for completing and returning the application and disclosures electronically will remain in effect until canceled by you pursuant to Section 4 or until this Agreement is canceled pursuant to Section 5. If you do not want to receive the application, the legal disclosures and the instructions electronically, you should exit this area of Century Bank's website. If you do not consent to receiving an electronic copy of the application, the related legal disclosures and the instructions, Century Bank will mail the application, disclosures and instructions to you.
Even if you consent to receive the application, disclosures and instructions electronically, you can request a paper copy of the application, disclosures and instructions by contacting Century Bank by phone at 505-995-1200.
Century Bank will not charge you any fees for providing a paper copy of the application, disclosures and instructions.
2. NOTICE AND PLACE OF DELIVERY. Century Bank will deliver documents to your current email address as listed by you below. You will receive your application, disclosures and/or instructions as an attachment to the email. When you click on the attachment, the first time you will be prompted to create a password. This password will be the same password each time we send you a document and is used inconjunction with your email address. You must immediately notify us if your email address changes. To submit a change of email address, call the Customer Service Center at 505-424-2888 or submit the change through Century Bank's web address at www.mycenturynbank.com.
3. YOUR RESPONSIBILITIES.
(a) Equipment/Access requirements: In order to use Century Bank's Loan Electronic Document Delivery system, you must obtain access to the world wide web. Further, you must have a computer with a web browser, modem, telephone link (or other access device), equipment with the ability to download electronic documents and a printer. Additionally, the following minimum software/hardware/system requirements (or the equivalent or enhanced/upgraded versions thereof):
an active email account (you must immediately notify us of any change in your email address)
a PC or Mac with access to the Internet
Microsoft Internet Explorer 9.0 and higher or Firefox 7.0 and higher or Safari 5.1 and higher with 128-bit encryption (free software you can download)
Adobe Acrobat Reader (tm) 8.0 or higher (free software you can download)
You are solely responsible for the cost and maintenance of such equipment.
You represent and warrant:
(a) Equipment and access capabilities. You have the equipment and access capabilities to receive documents electronically.
(b) Protect your password. You are responsible for the use, protection and confidentiality of your log on ID and password, as well as other account numbers, account information, and email address information. Please notify Century Bank immediately if you become aware of a theft, loss or unauthorized use of your personal information.
(c) Open and read your documents. You are responsible for accessing, opening and reading your Documents. Documents contain important and legally binding
notices, information and conditions. Documents delivered pursuant to this Agreement will constitute your only notice of matters contained in the Documents. You
are responsible for promptly notifying Century Bank if any Documents you receive are not accessible or are incomplete or unreadable.
(d)Document retention ability. To retain a copy of the documents, your system must have the ability to either download (e.g., to your hard disk drive or CD
ROM) or print PDF files. In order to sign and return a loan application and disclosures, you must be able to print them on a functioning printer attached
to your computer.
4. CANCELLATION RIGHTS. You may cancel this Agreement at any time by (a) providing thirty (30) days written notice by postal delivery addressed to: Century Bank, Attn: Anna Tapia, P.O. Box 1507, Santa Fe, NM 87504-1507 or (b) calling Anna Tapia at 505-995-1239 or (c) emailing Century Bank at email@example.com. You may cancel this agreement if there is any change in the hardware or software required to access, download or retain documents or to otherwise use Loan Electronic Document Delivery. Century Bank will not impose any fees for cancellation. Cancellation is effective 30 days after Century Bank is in receipt of your written notice of cancellation by postal delivery or 5 days if done by phone. Cancellation shall not affect the legal effectiveness, validity or enforceability of documents provided to you prior to the effective date of cancellation.
5. OTHER CANCELLATION RIGHTS. Century Bank may also cancel this Agreement and your access to Loan Electronic Document Delivery for any reason. If Century Bank cancels this Agreement, notice of cancellation will be provided to you by postal delivery or as otherwise allowed or required by law. The provisions of Sections 7, 8, 9, and 10 will survive cancellation of this Agreement.
6. AMENDMENT OF AGREEMENT.
(a) Changes by Century Bank. Century Bank reserves the right, at any time, to amend the terms of this Agreement or any portion of this Agreement. Century Bank will notify you of any amendments to this Agreement (including any changes in the hardware or software required to access and retain documents) by providing notice to you at your email address or by postal delivery or as otherwise allowed or required by law.
(b) Deemed Acceptance. You will be deemed to have accepted any amendment to this agreement made by Century Bank unless you cancel this Agreement pursuant to Section 4 within 30 calendar days from the date of delivery of the amendment to you.
7. NO WARRANTIES/LIMITATIONS OF LIABILITY. Century Bank cannot foresee or anticipate technical or other difficulties. Therefore, Century Bank makes no warranty that Loan Electronic Document Delivery will be uninterrupted or error free. Century Bank is not liable for any loss or damage arising from (a) your failure to comply with the provisions of Section 4, (b) interruption in Loan Electronic Document Delivery due to problems with your equipment or errors/delays in communication and transmission lines, or (c) any occurrence beyond Century Bank's reasonable control.
8. DISPUTE RESOLUTION. If any controversy or claim related to this Agreement or the delivery of electronic disclosures should arise, the parties will submit the dispute to non-binding mediation. If complete agreement cannot be reached, any remaining issues will be resolved by binding arbitration under the Federal Arbitration Act. The parties will conduct the mediation and, if necessary, the arbitration under the then current rules of the American Arbitration Association.
The parties will pay their own costs (including attorney's fees) associated with the mediation and arbitration.
9. MISCELLANEOUS. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement will be governed by and construed in accordance with the Electronic Signatures in Global and National Commerce Act. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in this
Agreement, and the other provisions of this Agreement shall remain in full force and effect. Any delay or omission by Century Bank to exercise any rights under this Agreement shall not be construed to be a waiver thereof. You may not assign this Agreement or any of the rights hereunder without Century Bank's prior
10. AGREEMENT. By clicking on the "Submit" button, you acknowledge that you can have examined the sample document and hereby confirm that you are able to view it and retain it for your records. You are also agreeing that you have read, understood and agree to the terms and conditions set forth in this Agreement.
For a sample document click here.
Century Bank Member FDIC Last Revision 7/21/2016