Online Banking Disclosures

This Electronic Banking Agreement and Disclosure (Agreement) contain the terms that govern your use of Electronic Banking.  In this Agreement we will use the word Service to refer to the Electronic Banking Service. You may use the Service to access your Eligible Accounts, as defined in the Eligible Account section of this Agreement, through the Internet. The terms and conditions in this Agreement are in addition to those terms and conditions that otherwise apply to any accounts you have with us or any other services you obtain from us. You must follow our instructions and procedures applicable to the services covered by this Agreement.  By accepting the Agreement and using the Service to access Eligible Account(s) you are agreeing to the terms of this Agreement.

Contacting Century Bank

If for any reason you need to contact the Bank about the Service, you may:

Call Customer Service 877-424-2828 – Available Monday thru Friday 8:00 a.m. to 11:00 p.m. MT and 9:00 a.m. to 5:00 p.m. MT weekends and holidays (except Thanksgiving and Christmas when we are closed).

Email – customerservice@mycenturybank.com.  Please do not include your account number or Social Security number.

Write to: Century Bank, Attn: Call Center, PO Box 1507, Santa Fe, NM 87504-1507

Explanation of Certain Terms

We, us, our and Bank mean Century Bank.

You and your mean an individual person or business entity that we permit to use Electronic Banking subject to the terms of this Agreement.

Company representative means, if you are a business entity, anyone we reasonably believe, in accordance with our security procedures, to be authorized to act on your behalf in connection with Electronic Banking.

Electronic Banking means the Service under this Agreement which allows you to access information about your Eligible Accounts, transfer funds between Eligible Accounts, and perform other transactions and obtain other services that we authorize or allow.  Electronic Banking does not include our Bill Pay service.  Please see the Century Bank Bill Pay Terms and Conditions for details on Bill Pay.

Eligible Account means a deposit, loan or other account for which transactions may be performed using our Electronic Banking Service.

Consumer account means an account established primarily for personal, family, or household use.

Business account means an account that is not a consumer account.

Access Credentials include the customer identification number, User ID, password and any other means of access to Electronic Banking we establish or provide for you.

Hardware Security

After registering for the Service, your Device may be used to obtain information about your accounts and make transfers between accounts.  You are responsible for maintaining the security of your Device and except as otherwise provided in this Agreement, you are responsible for all transfers made using your Device.  You must utilize the password feature on your Device to prevent unauthorized access.  When selecting the accounts you want to access from your Device, you must use pseudo names for your accounts, not account numbers.  There is a time out feature that is enabled on the Service; inactivity beyond this time frame will require you to login again. 

To protect yourself against fraud, you should follow these guidelines:

• Do not disclose your account information, User ID or password to anyone.
• Do not leave your Device unattended while logged in to the Service.
• Do not allow your Internet browser to store your User ID or password.
• Do not send confidential private information (e.g., account number, user ID, password, etc.) in a text message or email using a public or general email system. Text messages and emails are not secure.
• Do not respond to calls, texts, or emails requesting your personal information, account number, access credentials, etc.
• Create a strong password by using upper-case and lower-case letters, numbers and characters. Avoiding using words, familiar names or personal information.
• Do not use the same login credentials on social networking sites that you use to access the Service.
• Review account activity frequently and report any unauthorized transactions.
• Install security patches from your Device’s manufacturer to minimize your device’s vulnerability.
• Install software on your Device to prevent malware and viruses.
• Only download information or applications from trusted sites. Do not download applications on your Device from unknown vendors.
• Turn on “show URL” to see site addresses and “https”.
• When utilizing Bluetooth technology, your device should be in a non-discoverable state so that it is invisible to other Bluetooth enabled devices. Do not pair with unknown devices that may give the unknown device access to all your services.
• Log out of the Service and immediately close your internet browser after each electronic banking session.

It is your responsibility to obtain and maintain the hardware and software necessary to access the Service.  This includes ensuring that your use of such internet access is in compliance with applicable telecommunications internet service provider requirements.

You agree:

That it is your responsibility to access the Service via the internet via a secure network.  It is also your responsibility to protect your computer, laptop, tablet, smart phone, or other device (Device) with current anti-virus, anti-malware, and anti-spyware software configured to operate in real time protection mode.

All Devices should be secured and require passwords or biometric authentication to access the Device to minimize the risk of unauthorized use in the event it is lost or stolen.  You are also responsible for limiting access to the Service by other apps running on your device.

Accessing Mobile Banking

To access Mobile Banking, you must have a cell phone or other handheld device that can send and receive information using the technology that supports this Service (a “Mobile Device”).  Short Codes must be enabled on your cell phone to access the Service.

You may be required to download and install an application or other software to your Mobile Device (a "Mobile Application") in order to access and use the Mobile Banking Service. It is solely your responsibility to download and install any Mobile Application that is identified on the Century Bank Web site as required in order to access the Mobile Banking Service through your Mobile Device and telecommunications carrier. The Bank has no responsibility to notify you of any changes to or new releases for any required Mobile Application and the Bank shall have no liability for any claims or damages arising from or relating to your failure to download and install any required Mobile Application, either initially or in connection with any upgrade to the Mobile Banking Service. You agree that any Mobile Application is licensed, not sold, solely for your use in accessing the Mobile Banking Service. Any Mobile Application is licensed to you "AS IS" without any warranty. THE BANK DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY MOBILE APP, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. You release the Bank, its Service Providers, Affiliates and all other parties from all claims and damages that may arise from or relate to your use of any Mobile Application. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any Mobile Application, and you may not redistribute any Mobile Application.

As part of the registration process, you will be required to provide information about your Mobile Device, as well as the telephone number for your Mobile Device, the telecommunications carrier that provides service to your Mobile Device. It is your responsibility to provide us with accurate, complete and current information about you and your Mobile Device (including its telephone number and the telecommunications carrier). If any of this information changes or if service to your Mobile Device is terminated, you must update this information.  If your Mobile Device is lost or stolen, you must immediately contact Century Bank to disable web access for your mobile device.  We reserve the right to refuse or cancel your registration for the Mobile Banking Service if we cannot verify information about your Mobile Device.

It is your responsibility to understand how your Mobile Device works and is operated. If you need assistance operating your Mobile Device, you will need to contact your Mobile Device provider.

Access Credentials

You will be given a user ID and one-time secure access code that will give you access to your Eligible Accounts through the Service. Your initial password must be changed within the Service. You may change your password at any time within the Service.  We recommend that you change your password regularly (at least every six months). You may change your user ID at your discretion. 

We are entitled to act on instructions received under your access credentials or the access credentials of an authorized user to whom you have assigned access rights, if using Business Electronic Banking. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your access credentials and Eligible Account information confidential.

Anyone to whom you give your Access Credentials will have full access to your accounts even if you attempt to limit that person’s authority. Additionally, that person will have full access to any of your other accounts which are accessed by your Access Credentials, even if those accounts are in your personal name or are owned jointly with another person.

None of our employees or employees of our affiliates will contact you via phone or e-mail requesting your Access Credentials. If you are contacted in any manner by anyone requesting this information or requesting that you confirm this information, please contact us immediately at 877-424-2828.

If you believe that your password or other Access Credentials may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify Century Bank at 877-424-2828, or write to Century Bank, Call Center, PO Box 1507, Santa Fe, NM 87504-1507.

Protecting Your Personal Information

In addition to protecting your Access Credentials, you should also take precautions to protect your personal identification information, such as your driver’s license, Social Security number, or tax identification number. This information by itself or together with account information may allow unauthorized access to your accounts. You should treat personal information with the same level of care that you would for your account information. You should also protect and secure all information and data stored on any Device or other equipment you use to access the Service, including smart phones and other mobile devices.

Eligible Accounts

Each Century Bank product you have with us that you enroll in the Service is called an Eligible Account. Examples of products that you may elect to enroll as Eligible Accounts include deposit accounts and loan products.  Your Eligible Accounts will continue to be subject to the agreements otherwise governing them, except where it is noted in this Agreement. Additionally, each Eligible Account will be subject to the following: 

• The terms or instructions appearing on a screen when using the Service.
• Century Bank’s rules, procedures, and policies applicable to each Eligible Account.
• The rules and regulations of any funds transfer system used in connection with the Service; and
• All applicable state and federal laws and regulations.

Waiver of Requirement for Two Signatures 

Account owners recognize that any requirement to verify two signatures on checks, if such a requirement exists, does not apply to Electronic Banking transactions and release Century Bank from liability when processing such transactions. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually complete Electronic Banking transactions, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons.

Access to Eligible Accounts

You may access an Eligible Account at the Century Bank website at https://www.mycenturybank.com to obtain balances, transaction history and other information. Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts seven days a week, 24 hours a day. A transfer completed through the Service before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is 6:00 p.m. MT. Every day is a business day except Saturdays, Sundays and Federal holidays.

At certain times, the Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our telephone banking service, a Century Bank automated teller machine ("ATM") or a Century Bank branch to obtain information about your Eligible Accounts.

You authorize Century Bank to provide access to some or all Eligible Accounts through the Service. For each Eligible Account to which access is provided, you may request removal of such access by sending a message through the Service or by calling Century Bank Customer Service at 877-424-2828.

Limits on Online Funds Transfers

You must have sufficient available funds or credit in any account from which you instruct us to make a transfer. All transfers must be in U.S. dollars.

For security reasons, we may implement limits on the number or amount of transactions you can make using the Service. We also reserve the right to limit or suspend access to the Service as we deem necessary. We may also limit access from countries other than the United States of America.

If any Eligible Accounts are money market deposit accounts or savings deposit accounts, certain types of withdrawals from those accounts, including payments and transfers completed through the Service, are limited to a total of no more than 6 in any specified period. The specified period for money market deposit accounts is a calendar month period. The specified period for savings deposit accounts is a calendar month. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments, telephone banking transfers, or requests through the Call Center. A total of only 6 of these kinds of withdrawals may be made by check, draft, debit card, or similar order payable to third parties.

When Online Funds Transfers are Made

Each transfer will be posted to the account with us from which it is made, and to any other account with us that is involved in the transaction, on the business day on which the transfer is made. Each transfer you make on a non-business day, or after our Electronic Banking cut-off time of 6:00 p.m. MT on any business day, will be considered made on the following business day. Information you obtain about your accounts using the Service may not reflect transactions that have not yet been posted to your accounts. This includes outstanding checks and debit card transactions that have not yet posted.  You should keep that in mind when you make or attempt to make any transactions on the basis of such information.

Stopping or Changing Transfers

If you want to stop or change transfers you have instructed us to make, you must notify us before we start processing the transaction. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to do this is for you to access the appropriate function in the Service no later than the day before the transfer is scheduled to be made, and either delete or modify the transfer request.

You may request a stop payment on an unprocessed transfer request by calling or writing to the Bank.  You must do this in time for us to receive your request 3 business days or more before the transfer is scheduled. If you call, we may also require you to provide your request in writing within 14 days after you call.

Transfers Involving Insufficient Funds

If you instruct us to make a transfer and you do not have a sufficient balance in the account from which you are making the transfer (including available funds under any overdraft limit or line of credit), we may refuse to complete the transaction. We may do this even if there are sufficient funds in accounts other than the one you were using to make the transfer. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may reverse the transaction or offset the shortage with funds from any other account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize.

If we do not make a transfer, or if we reverse a transfer, because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed. You may be liable for a non-sufficient funds fee under the terms governing the account from which you made, or attempted to make, the transfer.

Linked Eligible Accounts
Eligible Accounts that are linked together will appear together in the Service. This means that when an authorized representative of an Eligible Account accesses the Service that authorized representative will be able to view and access linked accounts as follows:

• The accounts of the business for which that person is an authorized representative.
• The accounts of any other business for which that person is an authorized representative; and
• Any consumer accounts for which the person is a co-owner or authorized signer.

Electronic Fund Transfer Provisions for Consumers

1. APPLICABILITY. The provisions in this section apply only to an electronic fund transfer (EFT) that debits or credits a consumer's checking, savings or other asset account as defined in the Consumer Financial Protection Bureau’s (CFPB) Regulation E. Century Bank may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meaning as used in Regulation E.
2. YOUR LIABILITY. Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:

1. If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed $50.
2. If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed $500.
3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding paragraphs 1. and 2. above.
4. If your delay in notifying us was due to extenuating circumstances such as a hospital stay or long trip, we may extend the times specified in the immediately preceding paragraphs 1., 2. or 3. above to a reasonable period.
5. You may notify us in person at a branch, by telephone, by secure email within the Service, or in writing.

Customer Service - 877-424-2828 – Available Monday thru Friday 8:00 a.m. to 11:00 p.m. MT and 9:00 a.m. to 5:00 p.m. MT weekends and holidays (except Thanksgiving and Christmas when we are closed).

Mailing Address: Century Bank, Attn: Call Center, PO Box 1507, Santa Fe, NM  87504-1507

You can send a secure message within the Service or send an email to customerservice@mycenturybank.com. Do not include non-public personal information in email, including your account number, phone number, or Social Security number.

1. Your name and account number.
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or why you need more information.
3. The dollar amount of the suspected error and date on which it occurred.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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.  Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within three business days after completing our investigation.  If we decide 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

1. OUR LIABILITY. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Eligible Accounts. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these other account agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Eligible Accounts through the Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the transactions as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Financial Services.

IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:

• Is not in accordance with any term or condition applicable or relevant to Electronic Banking or your Eligible Account(s);
• We have reason to believe may not be authorized by you or any party whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process that we believe prevents their withdrawal;
• Would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
• Is not in accordance with any other requirement of our applicable policies, procedures or practices; or
• We have reasonable cause not to honor for our or your protection.

General Provisions

1. TERMINATION. Unless otherwise required by applicable law, Century Bank may terminate this Agreement and/or your access to Electronic Banking in whole or in part, at any time. Access to the Service, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of Electronic Banking by calling Century Bank at 877-424-2828.

If you wish to cancel any of your online financial services, contact Century Bank at 877-424-2828 or send us cancellation instructions in writing to Century Bank, Attn: Call Center, PO Box 1507, Santa Fe, NM 87504-1507.

Fees

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THE FOLLOWING SPECIAL PROVISIONS APPLY ONLY TO BUSINESS ENTITIES OR INDIVIDUALS PERFORMING TRANSACTIONS FROM BUSINESS ACCOUNTS:

Company Representative If You Are a Business Entity

If you are a corporation, partnership, limited liability company, association or some other form of business entity, we will issue one set of access codes to a company representative who shall be designated as the Company Administrator. It is the Company Administrator’s responsibility to ensure that Access Credentials are provided only to persons you authorize. You represent to us that each company representative and anyone else using your Access Credentials has general authority from your company to give us instructions to perform transactions using Business Electronic Banking.

Each person using your Access Credentials will have the ability to:

• Make transfers from Eligible Accounts, regardless of the dollar amount of the transaction; and
• Make transfers regardless of whether he/she is otherwise an authorized signer or an obligor on any accounts that are accessed; and
• Obtain information that we make available about qualifying accounts; and
• Obtain other services or perform other transactions that we authorize or allow through the Service and for which the Company Administrator elects to use; and
• Allow anyone else to use those Access Credentials to make transfers or obtain information or other services

Authorized Representatives for Business Accounts
If you are a business, any authorized representative of your business, such as an accountant, may be granted access to the Service on behalf of your business.  Such authorized representatives are subject to all applicable requirements and in this Agreement, as amended from time to time.  You are solely responsible for granting and revoking access through the Access Credentials. The authorized representative will have access to all Eligible Accounts, including personal accounts that are linked to the business accounts within the Service.  This includes the capability to schedule transfers, review transactions, and download statements.

Your Liability for Transactions from Business Accounts

You are liable for all transactions completed through the Service by you or a user that you authorize, even if the person you authorize exceeds your established internal business limits. If you or a company representative has given someone your Access Credentials and want to terminate that person’s use, you must notify us that transactions by that person are no longer authorized.  You can terminate granted Access Credentials yourself within the Service, however, you must also notify the Bank when authorization is terminated.  You may call the Bank for assistance with terminating an authorized user or company representative. We may have to change your Access Credentials or take additional steps to prevent further access by such person.

Our system supporting the Service is designed so that it may be operated only upon entry of valid Access Credentials. Since we condition access upon entry of valid Access Credentials, we will accept instructions for transfers or other transactions from any person using valid Access Credentials. This is so even if the person obtaining access:

• Is not a company representative; or
• Exceeds internally established authority or that granted by any company representative; or
• Does not have your authorization; or
• Has had his/her access or authority changed or revoked; or
• Is an imposter or thief.
  
  

You agree to be bound by all transactions from any business account for which valid Access Credentials were used. You authorize us to treat any instructions we receive using valid Access Credentials as if the instructions had been made in writing and signed by the appropriate company representative. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through, the Service.

Notwithstanding the foregoing, we agree that you will not be responsible for transactions which occur after you have notified us to block the Access Credentials that were used to perform the transaction, and we have had a reasonable opportunity to do so. Thus, the sooner you notify us of a problem, the better to limit your liability.

You agree to promptly examine all account statements and any confirmations of transfers which we or other financial Institutions may send or make available to you, and to promptly notify us of any discrepancy or error within 30 days of receipt of any such statement or confirmation.

You may call or write to notify the Bank if you think your statement is wrong or if you need more information about a transfer covered by this Agreement which is listed on the statement.

Limitations on Our Liability in Connection with Business Accounts

We will make every reasonable effort to provide full performance of the Service, and to resolve disputes that may arise on a timely basis. We will only be responsible for acting on instructions that we actually receive. We cannot assume responsibility for any malfunctions or capacity reductions or other problems in your equipment or in public communications networks not under our control that may affect the accuracy or timeliness of transactions you perform. Our only liability is to correct errors within our control. We are not responsible or liable to you for any loss, damage or injury caused by the use of the Service. Neither will we be liable for any consequential, incidental, special, indirect or punitive loss or damage, including but not limited to dishonor of checks or other items or expenses which you may incur or suffer by reason of this Agreement or the services we provide, whether or not the possibility or likelihood of such loss, damage, or expense is known to us.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES WE PROVIDE YOU UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Other Services

We may provide you other services (e.g., Bill Pay, MyPay, mobile deposit, etc.) through the Business Electronic Banking platform which are not covered under this Agreement.  These services are provided on approval of your request and will have a separate agreement with specific terms and conditions. 

Security Procedures

You agree to establish, maintain and update commercially reasonable policies, procedures, equipment and software (Internal Security Controls) that will safeguard the security and integrity of your computer system and information from unauthorized use, intrusion, takeover or theft, and prevent your Access Credentials from unauthorized discovery or use (collectively Internal Security Breaches).  You bear all risk of fraudulent transfers and other losses arising from your Internal Security Breaches or from the interception of your communications prior to their receipt by us (collectively Internal Security Losses).  We will not reimburse you in connection with Internal Security Losses.   You agree that we are authorized to execute, and it is commercially reasonable for us to execute, any instruction received by us with your Access Credentials or your designated users’ Access Credentials.  You are encouraged to consider purchasing insurance to cover your Internal Security Losses.  You acknowledge that no list of recommended security practices can be all inclusive or foolproof in preventing fraud or a corporate account takeover.

You remain solely responsible for your Internal Security Controls, Internal Security Breaches and Internal Security Losses.  Although we may employ various systems and procedures from time to time to prevent losses, we assume no obligation for Internal Security Breaches or Internal Security Losses, provided we have acted in accordance with this Agreement.

Notwithstanding our efforts to insure that the Electronic Banking System is secure, you acknowledge that the internet is inherently insecure and that all data transfers, including e-mail, occur openly on the internet and can potentially  be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing the Service, or email transmitted to and from us, will not be monitored or read by others.

Company acknowledges that it is solely responsible for the security of its own computer and access systems.  Company agrees that it will maintain adequate and current safeguards to protect its computer and access systems from viruses, spyware or any unauthorized intrusion that would threaten the Service or Company’s Eligible Accounts.  Company agrees that it will hold Century Bank harmless from any unauthorized transactions, loss or liability associated with any unauthorized intrusion into Company’s computer or access systems.  It is strongly recommended that you use a dedicated computer to access the Service.  It is further recommended that this stand-alone computer never be used for reading emails or browsing.  It should be used only for access to trusted sites.

By entering into this Agreement and using the Service to perform transactions from business accounts, you agree to comply with all of our present and future security procedures with respect to transactions and services covered by this Agreement. This includes, but is not limited to, protection of Access Credentials, and other personal and business information. Our security procedures are included in the Treasury Management Services Terms and Conditions.

You acknowledge receiving a copy in writing of our current security procedures contained in the Treasury Management Services Terms and Conditions and other documents we may provide to you. You agree that our current security procedures are commercially reasonable in the context of your business operations. We may at any time change our security procedures. We may advise you of such changes to the extent they affect your use of transactions and services under this Agreement, but failure to do so will not affect your obligations or our rights. You agree to give all of our security procedures the highest level of confidentiality and to ensure that no access codes are used by or accessible to anyone other than persons you have authorized.

Indemnification

If you are a business entity or an individual performing transactions on behalf of a business entity, you agree to indemnify us and hold us harmless from and against any and all claims, demands, expenses (including but not limited to reasonable attorney fees and costs), losses or damages claimed by any third parties (including but not limited to any company representatives or other persons authorized to perform transactions) arising out of (i) any transactions or attempted transactions covered by this Agreement from a business account or (ii) your breach of this Agreement.

END OF SPECIAL PROVISIONS THAT APPLY ONLY TO BUSINESS ENTITIES OR INDIVIDUALS PERFORMING TRANSACTIONS FROM BUSINESS ACCOUNTS

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Signatures

You agree to all the provisions of this Agreement (to the extent applicable as provided in this Agreement) by any and all of the following means:

• Using the Service to perform any transactions;
• Completing a separate electronic consent form to receive disclosures and enter into this Agreement electronically.

Your electronic consent and use of the Service has the same effect as if you or your authorized agents had signed this Agreement with your physical signature or that of your authorized representative.

Your electronic consent or use of the Service is your acknowledgement that you have received a copy of this Agreement in paper form, or if you have provided a separate electronic consent, in electronic form. If you are offered or provided an electronic copy of this Agreement but would like to have a paper copy, please contact us by calling, emailing, or writing as instructed at the top of this document.

Limitations on Use of the Service.  We hope you will find the Service useful and reliable. However, it is important that you understand the limitations of this Service. The balance of an Account may be subject to change at any time, and the information provided to you through the Service may become quickly outdated. Because the Service is accessible only through your computer or Mobile Device, your access to the Service may be limited by the service provided by your telecommunications carrier. Neither we or any of our Service Providers and Affiliates guarantee: (a) either the delivery or accuracy of any information requested or provided through the Service; or (b) that you will have continuous or uninterrupted access to the Service. We are not responsible for any delay, failure or error in the transmission or content of information provided through the Service. Neither we or any of our Service Providers and Affiliates will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through the Service, from any inaccurate information provided through the Service, from your use of or reliance on any information provided through the Service, or from your inability to access the access.

Changes to your Contact Information

It is your sole responsibility to ensure that the contact information you provide to us for the Service is current and accurate.  This includes your telephone number(s), name, address, and email address. 

Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

Governing Law, Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without reference to provisions relating to conflict of laws.  Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties. 

This Century Bank Bill Pay Terms and Conditions agreement (Terms and Conditions) outlines the terms and conditions of use of Century Bank's Consumer and Business Bill Pay service. In these Terms and Conditions, the following definitions apply:

Bank - means Century Bank

You or Your - refers to you, the customer using the service

Payee - means anyone, including the Bank, that you designate as a person or entity to which you wish payment to be directed and which the Bank accepts as a recipient of your payment.

Person to Person or P2P - refers to payments to a person using Consumer or Business Bill Pay by email address, text message or a bank account and routing number.

Bill Pay and Century Bank Bill Pay - mean the bill payment service offered by Century Bank as part of its Electronic Banking Service through Q2, a third-party service provider. You understand that the Bank's service provider may rely upon your agreement to and representations in this Terms and Conditions.  Such service providers are third party participants to this Terms and Conditions, with the power to enforce its provisions against you.

You may use Century Bank's Bill Pay service to direct Century Bank to make payments from your designated checking account to the "Payees" you choose in accordance with these Terms and Conditions.  Other agreements you have entered into with Century Bank, including Your Deposit Account Regulations, Rules and Disclosures, Electronic Banking Agreement, and Electronic Document Delivery Agreement  governing your Century Bank account, are incorporated by reference and made a part of this Terms and Conditions.

Contacting Century Bank

If for any reason you need to contact the bank about Bill Pay you may:

Call Customer Service 877-424-2828 – Available Monday thru Friday 8:00 a.m. to 11:00 p.m. MT and 9:00 a.m. to 5:00 p.m. MT weekends and holidays (except Thanksgiving and Christmas when we are closed).

Email to:  customerservice@mycenturybank.com – Please do not include your account number or Social Security number.

Write to: Century Bank, Attn: Call Center, P.O. Box 1507, Santa Fe, NM 87504-1507

BILL PAY SERVICE

Bill Pay is provided to you for your convenience. The actual payment is handled by an independent third party, ProfitStars. Century Bank cannot and will not guaranty, or have any responsibility whatsoever for the completion and accuracy of such transactions.

The Century Bank Bill Pay service allows you to schedule bill payments, including person to person payments, through the service. You can arrange, at your option, for the payment of your current, future and recurring bills from any eligible checking account (Bill Pay Account). Any payments you make through this service must be payable in U.S. dollars to a payee located in the United States (including U.S. territories and Army Post Office addresses (APOs)) or for Person to Person payments must have a valid email address or bank account number. The Bank is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated delivery information.

If you have the Bill Pay Service and do not schedule or process a payment in your Payment Account via the Service for any three (3) month period, Century Bank may terminate your Bill Pay Service. If your service is terminated, your online bill payment information will be retained, but you must contact us to have it reinstated. If you decide to terminate the Service, we strongly suggest that you cancel all future bill payments at the same time you cancel your Bill Pay Service. Termination of the Bill Pay Service will not automatically close your Eligible Accounts.

SERVICE FEES

Any applicable fees are stated on Century Bank's Fee Schedule, which is available online or at any branch. The Fee Schedule may change from time to time. There may be additional transaction fees for P2P payments stated on your transaction screen. You agree to pay such charges and authorize the Bank to deduct the amount of any fees from your designated Bill Pay Account. Any other fees associated with your deposit account will continue to apply. You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider.

THE BILL PAYING PROCESS

All Payees must be added to your Bill Pay service.   You must add the name and account information of each payee.  The service will retain the payees and the information you enter for future payments.  The Bank is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.

Most other additions, deletions, or changes can be made by using Bill Pay. By providing the names and account information of Payees, you authorize the Bank and its third-party service providers to follow the payment instructions received through Bill Pay.  In order to process payments more efficiently and effectively, Bill Pay may edit or alter payment data or data formats in accordance with Payee directives. When a payment instruction is entered, you authorize the service to debit your Bill Pay Account and remit funds on your behalf. The Bank, through the service, will use its best efforts to make your payments properly. However, the Bank and its service providers shall incur no liability if Bill Pay is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

• If, through no fault of Bill Pay or the bank, your Bill Pay Account does not contain sufficient funds to complete the transaction or the transaction would exceed the limit of your overdraft protection;
• If a legal order directs us to prohibit withdrawals from your account;
• If Bill Pay is not working properly and you know or have been advised about the malfunction before you execute the transaction;
• If you have not provided the correct payment information or the correct name, address, phone number, account information, or email address (P2P payments) for the Payee;
• If circumstances beyond the control of the Bank or the Bill Pay Service (including without limitation fire, flood, external interference, postal service delays, etc.) prevent the proper execution of the transaction; and/or
• If the Payee you designate mishandles or delays processing a payment sent through Bill Pay, including P2P (i.e. the payee does not accept the payment made through Bill Pay).
• The Bank reserves the right to refuse the designation of a "Payee" for any reason.

You may pay any Payee within the United States (including U.S. territories and APOs / AEOs), subject to the Prohibited Payments section below. The following types of payments may be accepted, but are strongly discouraged and submitted at your own risk: tax payments; payments for stock purchases; court ordered payments; payments associated with purchases of real property, annuities or lottery contracts, lay-away systems, or transactions to finance or refinance debts funded by a credit card; payments involving credit repair or debt settlement services; payments for the sale of items before the seller has control or possession of the item; payments associated with the following money service business  activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing. In no event shall the Bank be liable for any claims, damages, losses, or late fees in connection with these types of payments.

PAYMENT LIMITS

The Bank, in its discretion, may set limits on the dollar amount of payments and the number of payments that may be made through Bill Pay, including without limitation daily, weekly, monthly and per transfer limits. Current P2P Transaction Limits by mobile phone or email address are $500 per transaction and $1,000 per day. Bill Pay limits for direct ACH using the recipient’s bank routing number and account number are $1,000 per item and $2,000 per day. 

SCHEDULING PAYMENTS

Single Payments

A single payment will be processed on the business day (generally Monday through Friday, except Federal holidays) that you designate as the payment’s processing date, as long as the payment is submitted before the daily cut-off time of 1:00 p.m. MT.  A single payment submitted after the cut-off time on the designated processing date will be processed on the next business day. If you designate a non-business date as the payment processing date, the payment will be processed on the first business day following the designated processing date.

Recurring Payments

When a recurring payment is processed, it is automatically rescheduled by the system.  Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and Federal holidays), it is adjusted based on upon the following rules:

• If the recurring payment’s Pay Before option is selected, the processing date for the next occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
• If the recurring payment’s Pay After option is selected, the processing date for the next occurrence of the payment is adjusted to the first business date after the calculated processing date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date.

Estimated Arrival Date

The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your Payees. Century Bank cannot guarantee delivery of a payment via USPS by the payment due date; we recommend you schedule payments at least two business days before the payment due date.

Payment Methods

The Bank and The Bill Pay Service reserve the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, using checks, ACH entries, credit or debit cards, EFT or any other method of payment including, but not limited to, the Payee’s IVR or web services or other electronic systems or network, and to take all actions necessary to process such transactions.  This may include contacting the payee to approve payment via Credit Card or ACH Entry.

Authorization

When scheduled payments are processed electronically, the payments are debited from your account to provide funds to the Payee. When scheduled payments are made by check, a check is sent on your behalf to the Payee and will clear your account at the time of presentment by the Payee. You agree that payment requests constitute your authorization to us to make the payment to the Payee. Once you have scheduled the payment for an electronic Payee, you may not be able to cancel or alter the payment.

Cancelling a Payment

By following the directions within Bill Pay, payments can be changed or cancelled any time prior to the 1:00 p.m. MT cutoff time on the scheduled processing date. There is no charge for canceling or editing a scheduled payment prior to the scheduled processing date. Once Bill Pay has begun processing a payment, it cannot be cancelled or edited. If processing has already begun and you wish to cancel the payment, you will need to submit a stop payment request either by calling the Bank or placing it online. Even though a stop payment is requested, there is no guarantee that the stop payment will be successful.  You are responsible for any consequences of either the attempted stop payment request or the actual stop payment. You will be responsible for any applicable stop payment fees.

Stop Payment Request

Stop payment requests for paper checks may be initiated through the Electronic Banking System, in person at a branch, or by calling the Bank at 877-424-2888. This service is not available within the Bill Pay Service. You may not stop payment on an electronic payment.

E-BILL (Bill Delivery and Presentment)

This feature is for the presentment of electronic bills only. It is your responsibility to contact your Payees directly if you do not receive your statements. If you elect to activate one of Bill Pay’s electronic bill options, you also agree to the following:

Any updates or changes to your billing information or personal information must be addressed with the Payee directly. The Bill Pay Service is unable to process those changes. It is your responsibility to maintain the security of any and all User IDs and passwords for the electronic Payee sites. You agree not to use another person’s personal information to gain unauthorized access to another person’s bill. The Bank or Bill Pay, at the request of the Payee, may provide your Payee with your email address, service address, or other data requested by the Payee at the time of activation of the electronic bill function for that Payee.

Activation - Upon activation of the electronic bill feature, Bill Pay may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary, depending on the Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Authorization to Obtain Bill Data - Your activation of the electronic bill feature for a Payee shall be deemed by the Bank and Bill Pay to be your authorization for the Bank and/or Bill Pay to obtain bill data from the Payee on your behalf. For some Payees, you will be asked to provide Bill Pay with your online access User ID and password for that Payee. By providing such information, you authorize the Bank and/or Bill Pay to use the information to obtain your bill data.

Notification – Bill Pay will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Pay Service, the Bill Pay Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that your e-mail address is current. In the event you do not receive notification, it is your responsibility to periodically log on to Bill Pay and check on the delivery of electronic bills. The time for notification may vary depending on the Payee. You are responsible for ensuring timely payment of all bills.

Cancellation of Electronic Bill Notification - The Payee and the Bank reserve the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary depending on the Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. It is your sole responsibility to make arrangements for an alternative form of bill delivery. Bill Pay will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of Electronic Bill(s) - You agree to hold the Bank and Bill Pay harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring the accuracy of and timely payment of all bills. Copies of previously delivered bills must be requested directly from the Payee.

Accuracy of and Dispute Involving Electronic Bill - The Bank and Bill Pay are not responsible for the accuracy of your electronic bills. Bill Pay is only responsible for presenting the information received from the Payee for payment from your Bill Pay account.  Any discrepancies or disputes regarding the accuracy of your electronic bill must be addressed directly with the Payee.  This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

AVAILABLE FUNDS

The Bank is not responsible for executing your Bill Pay instructions if your deposit account does not contain sufficient available funds to complete your transaction or if the transaction would exceed the limit of your overdraft protection. If the Bank executes your payment instruction even though your deposit account does not contain sufficient funds to complete the transaction or the transaction would exceed the limit of your overdraft protection, you are responsible for the amount of the payment and any applicable overdraft fees as defined in your deposit agreement and the Bank's Fee Schedule.

RETURNED PAYMENTS

In using Bill Pay, you understand that Payees and/or the United States Postal Service may return payments to Bill Pay for various reasons including without limitation, the Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Bank and Bill Pay will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your account. The Bank is not liable for any returned payments or any damages or loss, including without limitation late fees, related to any returned payments.

PROHIBITED PAYMENTS

You agree not to use Bill Pay or the content or information delivered through Bill Pay, in any way that would: (a) infringe on any third-party copyright, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for the Bank or its affiliates or service providers, or cause the Bank to lose (in whole or in part) the services of any of the Bank's service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Bill Pay; (i) interfere with or disrupt the use of Bill Pay by any other user; (j) impose an unreasonable or disproportionately large load on the Bank's infrastructure; (k) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (l) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without the Bank's prior written permission; (m) constitute use of any device, software or routine to bypass technology protecting the Bank's website or Bill Pay, or interfere or attempt to interfere, with the Bank's website or Bill Pay; (n) may cause the Bank or its service providers to lose any of the services from the Bank's internet service providers, payment processors, or other vendors or (o) use Bill Pay in such a manner as to gain unauthorized entry or access to the computer systems of others.

Payments prohibited through Bill Pay are (a) payments involving any of the uses described above; (b) payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); (c) payments that violate any law, statute, ordinance or regulation, including without limitation any payments for unlawful internet gambling; and/or (d) payments that violate the Acceptable Use terms provided below.

In no event shall the Bank or its service providers be liable for any claims or damages resulting from your scheduling of prohibited payments.

ACCEPTABLE USE

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of Bill Pay, regardless of the purpose of the use, and for all communications you send through Bill Pay. The Bank and its service providers have the right but not the obligation to monitor and remove communications content that the Bank or its service providers find, in the sole discretion of the Bank or its service providers, to be objectionable in any way.

HARDWARE and SOFTWARE

In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software that is compatible with Bill Pay. Century Bank is not responsible for any third-party software you may need to use Bill Pay. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you entered into directly with the third-party software provider at time of download and installation.

You are responsible for obtaining, installing, maintaining and operating all computer hardware, software, and internet access necessary for use of Bill Pay, including without limitation virus protection software and spyware/malware. The Bank and its service providers are not responsible for any errors or failures from the malfunction or failure of your hardware, software, or internet access services.

You are responsible for (i) maintaining the confidentiality and security of your mobile devices, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information, used by you to access Bill Pay (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with Bill Pay (collectively, "Account Information"). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use of Access Information has occurred.

HOW TO NOTIFY US OF UNAUTHORIZED ELECTRONIC FUNDS TRANSFER, LOST DEVICE, ERROR OR INQUIRY

A. You agree to notify us immediately if you believe your user name and password have become known or an unauthorized transaction has occurred involving your Bill Pay Account. Please call us at 877-424-2828 or by mail at: Century Bank, Attn: Call Center, PO Box 1507, Santa Fe, NM 87504-1507.

B. You must include the following information: Your name and account number; a description of the error, loss and/or EFT that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, the dollar amount of the suspected error or unauthorized EFT.

C. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

LIABILITY and INDEMNIFICATION

Bill Pay and related documentation are provided "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

In accordance with the Bank's Electronic Banking Agreement, you are solely responsible for controlling the safekeeping of and access to your passwords and your Electronic Banking ID. Please notify the Bank immediately if you believe your security has been breached or compromised.

You will be responsible for any Bill Pay request you make that contains an error or is a duplicate of another bill payment.

The Bank is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment.

The Bank is not liable for any failure to make a bill payment if you fail to promptly notify the Bank after you learn that you did not receive credit from a Payee for a bill payment.

The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank's agent. Although the Bill Pay Service is intended to be available 24 hours a day, 7 days a week, excluding maintenance periods or circumstances beyond the Bank's control, the Bank and its service providers cannot and do not guarantee accessibility to Bill Pay or any of its components.

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL THE BANK OR BILL PAY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY BILL PAY SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Indemnification. You agree to defend, indemnify and hold harmless the Bank, its affiliates, and its service providers and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Terms and Conditions and/or your use of the Bank's website or Bill Pay.

PROPRIETARY RIGHTS

You are permitted to use content delivered to you through Bill Pay only for use of the online bill pay services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer, decompile, disassemble, reverse compile, otherwise attempt to derive computer source code, or modify any bill pay technology, including, but not limited to, any software or other applications associated with Bill Pay or any of its components. You may not rent, transfer, or grant any rights in Bill Pay or any of its components. The Bank and its third-party service provider retain all ownership and proprietary rights in Bill Pay. In the event that you attempt to use, copy, license, sublicense, sell, or otherwise convey or disclose the application or the Bill Pay technology, the Bank and its service providers shall have, in addition to any other available remedies, the right to injunctive relief enjoining such actions.

AMENDMENT

The Bank has the right to change this agreement at any time by notice mailed to you at the last address shown for the account on the Bank's records, by email, by posting notice online on the Bank's website, by posting notice in branches of the Bank, or as otherwise permitted by law.

TERMINATION OR REFUSAL BY US

We reserve the right to refuse to honor an instruction or suspend or terminate Bill Pay, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if: (a) we have reason to believe that your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your Access Information; or (b) we believe Bill Pay is not being used for its intended, bona fide and lawful purposes under this Terms and Conditions or any other agreement you have with Century Bank; (c) we have reason to believe Bill Pay is being used in an anti-competitive manner or contrary to Century Bank's business interests; or (d) your Bill Pay Account is closed or access to your account is restricted for any reason. Termination will not affect your liability or obligations under this Terms and Conditions or any other agreements you have with us.

You may cancel Bill Pay at any time by providing the Bank with written notice through Electronic Banking, by calling the bank at 877-424-2828 or via postal mail addressed to Century Bank, Attn: Call Center, PO Box 1507, Santa Fe, NM 87504. Your access to Bill Pay will be suspended within three (3) business days of the Bank's receipt of your instructions to cancel the service.

You will remain responsible for all outstanding fees, charges and pending transactions incurred prior to the date of cancellation. The Bank is not responsible for any payment made before the Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Bank on your behalf.

MISCELLANEOUS:

This agreement is governed by the laws of the State of New Mexico and applicable federal laws and regulations. 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 of 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 the 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. The Bank may assign this agreement to any present or future affiliated company, and the Bank may assign or delegate any of its rights and responsibilities under this agreement to independent contractors or third parties. This agreement is binding upon you, your heirs and the Bank's successors and assigns. Certain obligations of the parties pursuant to this agreement that by their nature would continue beyond termination, cancellation or expiration of this agreement shall survive termination, cancellation or expiration of this agreement.

WAIVER OF JURY TRIAL

You hereby irrevocably waive all right to trial by jury in any action, suit, proceeding, claim or counterclaim arising out of or relating to these Terms and Conditions or the services or content.

Zelle Network® Standard Terms

Rev. 202306

Introduction – How it Works

Remote Deposit Anywhere is a way to make check deposits to your Century Bank checking or savings account using your iOS or Android device. Save time and gas by making deposits wherever you are with our Century Bank Mobile App with Remote Deposit Anywhere.

Enrollment / Eligibility Requirements
   • Account must be open for at least 90 days.
   • Must be enrolled in Mobile Online Banking with eStatements.
   • Account must be in good standing.

Check Deposit Guidelines

Remote Deposit Anywhere is offered by Century Bank with no service charge. We reserve the right to change the service charge for this Service at any time. If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to and you may be assessed a returned deposited item fee.

Deposit Limits (limits may change at any time and for any reason. Contact a service representative for current limits).

Consumer
   • Items Per Day - 10
   • Daily maximum deposit limit - $2,000
   • Items Per Month - 20
   • Monthly maximum deposit limit - $5,000

Small Business
   • Items per Day - 15
   • Daily maximum deposit - $15,000
   • Items Per Month - 45
   • Monthly maximum deposit - $40,000

Cut off time for deposit to be posted each business day is 5:00 p.m. (MT); deposits made after 5 p.m. will post on the next business day. 

TERMS AND CONDITIONS

Century Bank Mobile Deposit Agreement ("Agreement"):

This Agreement contains the terms and conditions for the use of Mobile Deposit and/or other remote deposit capture service that Century Bank ("Century Bank", "us", or "we") may provide to you ("you", “your”, or "User"). Other agreements you have entered into with Century Bank, including Your Deposit Account Regulations, Rules and Disclosures, Electronic Banking Agreement and Disclosure, Treasury Management Services Terms and Conditions, and Mobile Banking Terms and Conditions governing your Century Bank account, are incorporated by reference and made a part of this Agreement.

1. The Mobile Deposit Service (the "Service") is designed to allow you to make deposits to your qualifying accounts remotely, via a mobile device, by capturing and delivering the check image and associated deposit information to Century Bank or Century Bank's designated processor.

2. Acceptance of these Terms. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via your mobile device, e-mail or on our website(s) by providing a link to the revised Agreement or otherwise explaining the material change. Your continued use of the Service will indicate your acceptance of the terms and conditions of the revised Agreement.

3. Limitations of Service. When using the Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The Service has qualification requirements and limitations on use, and we reserve the right to change the qualifications or limitations at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

1. Checks or items payable to any person or entity other than the authorized account holders.
2. Checks or items containing obvious alteration to any of the fields on the front of the check or item (including the MICR line), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
3. Checks or items previously converted to a substitute check, as defined in Regulation CC.
4. Checks or items drawn on a financial institution located outside the United States (foreign items).
5. Checks or items not payable in United States currency.
6. Checks or items that are postdated or more than six months old.
7. Checks or items prohibited by Century Bank's current procedures relating to the Service or which are otherwise not acceptable under the terms of your Century Bank account.
8. Travelers checks.
9. Money orders.
10. Savings Bonds.
11. Checks or items submitted outside the United States.

Nothing in this Agreement shall be construed as requiring Century Bank to accept any check or item for deposit, even if Century Bank has accepted that type of check or item previously. Nor shall Century Bank be required to identify or reject any checks or items that you may capture and deposit that fail to meet the requirements of this Agreement.

6. Security of your Mobile Device and Account Information. You are responsible for:

1. maintaining the confidentiality and security of your mobile devices, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information, used by you to access the Service (collectively, "Access Information"), and
2. (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service (collectively, "Account Information").

You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use of Access Information has occurred.

7. Image Quality. The image of an item transmitted to Century Bank using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute, the Board of Governors of the Federal Reserve Board, any other regulatory agency, clearing house or association or any higher standard set by us.

8. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Service by providing your signature and marking the item "MOBILE DEPOSIT TO CENTURY BANK”, or as otherwise instructed by Century Bank. You agree to follow any and all other procedures and instructions for use of the Service as Century Bank may establish from time to time. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through the Service.

9. Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive in accordance with this Agreement or for images that are dropped during transmission. You agree to receive an electronic notification of the deposit indicating success or rejection. An image of an item shall be deemed received when you receive an e-mail confirmation from Century Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that the funds will be credited for that check or item.

10. The manner in which checks and items are cleared, presented (or represented) for payment, and collected shall be in Century Bank's sole discretion as set forth in the relevant deposit account agreement governing your deposit account.

11. Availability of Funds. You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Service will be available after Century Bank receives payment for the funds submitted. Century Bank may make such funds available sooner based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as Century Bank, in its sole discretion, deems relevant. An item shall be deemed accepted when your online deposit history shows that your item has been accepted for deposit. If your deposit was accepted prior to 5:00 p.m. MT, your deposit will generally be available to you the next business day. Deposits made after 5:00 p.m. MT, or on weekends or holidays, will generally be processed the following business day with availability the day following processing. All deposits are subject to review and funds from your deposit may not be available for immediate withdrawal.

12. Disposal of Transmitted Items. Once your online deposit history shows that your item has been accepted, you agree to prominently mark the item as "Electronically Presented" or "VOID" and to ensure that it is not presented again for payment. You agree to destroy the check after 7 days by shredding or incineration. If you do not have access to a shredder or cannot destroy the checks in a commercially reasonable method, you may bring the items to the Bank for destruction. You agree never to present to us or any other party a check or item that has been deposited through the Service unless we notify you that the check or item will not be accepted for deposit through the Service. During the time the retained check is available, you agree to promptly provide it, or a sufficient copy of the front and back of the item, to Century Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item or for Century Bank's audit purposes.

13. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Service and to modify such limits at any time. Any deposit which exceeds the Service's eligible deposit limit will be rejected and must be deposited by means other than the Service.

14. Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Century Bank from time to time. Century Bank is not responsible for any third-party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you entered into directly with the third-party software provider at time of download and installation.

15. You agree to notify Century Bank of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable Century Bank account statement is sent. Unless you notify Century Bank within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Century Bank for such alleged error.

16. Changes in Service. We reserve the right to terminate, modify, add and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors.

17. Ownership & License. You agree that Century Bank retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service for:

1. In any anti-competitive manner,
2. For any purpose which would be contrary to Century Bank's business interest, or
3. To Century Bank's actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.

18. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.

19. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CENTURY BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

20. User warranties and indemnification. You warrant to Century Bank that:

In the event you breach any of these warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to such breach. You further authorize us to charge your account(s) for the amount of any claim, attorney’s fees or demand that constitutes a breach of the above warranties and/or a breach of warranty claim under the provisions of Check 21, Regulation CC and/or the Uniform Commercial Code.

21. Termination or Refusal by Us. We reserve the right to refuse to honor an instruction or suspend or terminate the Service, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if:

1. We have reason to believe that your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your Access Information; or
2. We believe the Service is not being used for its intended, bona fide and lawful purposes under this Agreement or any other agreement you have with Century Bank;
3. We have reason to believe the Service is being used in an anti-competitive manner or contrary to Century Bank's business interests; or
4. Your account is closed or access to your account is restricted for any reason. Termination will not affect your liability or obligations under this Agreement or any other agreements you have with us.

22. Third Party Beneficiary. You agree that our third party service providers may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such Third Party Service Providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement.

23. Other terms. You may not assign this Agreement. This Agreement is entered into in New Mexico and shall be governed by the laws of the State of New Mexico and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES OR CONTENT.

 We encourage you to print and save a copy of this Agreement for your records.