Online Banking Disclosures

Below you will find all of our Online Banking disclosures for your review. If you would like to receive a printed copy of a specific or all of the disclosures listed, simply complete the Contact Us form.

Electronic Banking Agreement and Disclosure (Agreement)

This Electronic Banking Agreement and Disclosure (Agreement) contains 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

A. 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.

B. Your Liability. Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:

If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed $50.
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.
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.
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.
You may notify us in person at a branch, by telephone, by secure email within the Service, or in writing.

C. Telephone Number and Addresses. The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:

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.

D. Information Required. You must provide Century Bank with:

Your name and account number.
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.
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

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.

B. Indemnification. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account(s), if you are an owner of an Eligible Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Eligible Account or the performance of an Online Banking transaction. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your authorized representative.
C. Third Parties. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure of your equipment or software, or that of an Internet browser provider such as Safari, Edge, Firefox or Chrome, by an internet service provider, by an online service provider, or by an agent or subcontractor of any of the above. Neither will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Electronic Banking through the Service.

General Provisions

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.

B. Changes. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement on the Bank’s website. The website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it can't be disclosed without jeopardizing the security of the system, this Agreement will be updated within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing to use the Service. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.

C. Notices. Unless otherwise required by applicable law, in the event that we are required to provide a notice or other communication to you in writing, that notice or other communication may be sent to you electronically to your email address as reflected in our then current records.

D. Privacy The circumstances under which we will disclose information about you or your Eligible Accounts, is set forth in the Bank’s Privacy Policy. The Privacy Policy was separately provided to you and in accordance with our policy, is available on our website and on request.

Fees

A. THE SERVICE. There are no monthly access or transaction fees for accessing Electronic Banking. Fees separately disclosed to you in connection with an Eligible Account apply when using the Service. Other fees may be assessed and billed separately by your Internet and/or telephone service provider.
B. TELEPHONE CHARGES. You will be responsible for any telephone charges that you incur by using the Service.
C. ELECTRONIC BANKING FEES AND CHARGES.
There is no charge for online access, which includes balance information, transaction review and reporting, transfers between Century Bank accounts, and the ability to download transactions into other software programs such as Quicken or Microsoft Money, or to a comma-delimited spreadsheet. You may be charged excessive item fees for transactions conducted through Electronic Banking. You may be charged overdraft and/or returned item fees when payments clear and you do not have sufficient funds to cover the payment. Please review our Fee Schedule for more details.

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.

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.

Bill Pay Terms and Conditions

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 505-995-1200 – 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 Services
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 transaction Limits are as follows:

Consumer	Consumer Amount	Business	Business Amount
Pay an individual/Trans	$3,000	Pay an individual/Trans	$1,500
Pay an Individual/Day	$5,000	Pay an Individual/Day	$2,500
Email Payment Cap/Trans	$500	Email Payment Cap/Trans	$1,500
Email Payment Cap/Day	$1,000	Email Payment Cap/Day	$2,500
Max Transaction Amt	$75,000	Max Transaction Amt	$250,000
Warn Limit	$2,500	Warn Limit	$2,500

Consumer Payment Caps:	Amount	Business	Business Amount
Amount Per Transaction	$75,000	Amount Per Transaction	$100,000
Amount Per Processing Day	$75,000	Amount Per Processing Day	$250,000
Amount Per Calendar Month	$100,000	Amount Per Calendar Month	$750,000

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.

D. In order to limit your liability, you must notify us no later than 60 days after the date we send the first statement on which the problem or error appeared.

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.

Financial Tools Terms and Conditions

Terms and Conditions

You are accessing services provided directly or indirectly to you by MX Technologies, Inc. ("MX") and being asked to agree to a legally binding agreement in accordance with the terms and conditions set forth below. Therefore, we encourage you to read this thoroughly and carefully.

If you are under the age of eighteen (18) years of age or are not at least the age of majority or otherwise incapable of binding Yourself to a legal contract in the jurisdiction from which you enter into this agreement, you MUST have your legal guardian (e.g., your parent) or someone with authorized power of attorney review this agreement and consent upon your behalf or you should not proceed any further. Notwithstanding the foregoing, MX has not designed the services with the intention that such be used by minors nor does it market the services for use by minors.

This agreement (the "Agreement") is a legal agreement between you individually if you are agreeing to it in your own capacity, or if you are authorized to acquire the MX services ("MX Services") on behalf of your company or organization, between the entity for whose benefit you act and your financial institution (such user or power of attorney - the person for whom this Agreement is entered into, hereinafter "You", "Your" or "User") and MX including its affiliates and service providers pertaining to Your use of the MX Services. By indicating Your acceptance as set forth below, and/or by downloading, installing, activating or using the MX Services, You accept all the terms and conditions of this Agreement. By using the MX Services, You agree to be bound by these terms and conditions and the MX Privacy Policy available at http://www.moneydesktop.com/legal/privacy_policy, which is hereby incorporated by reference into these terms and conditions (collectively the "Terms"). These Terms constitute the complete and exclusive understanding and agreement between You and MX relating to the subject matter hereof and replaces all previous terms and conditions or similar agreements or documents entered into between You and MX, whether oral or written.

You agree that this agreement is enforceable like any written negotiated agreement signed by you and that your use of the mx services constitutes acceptance of these terms. If you do not agree to the terms, do not access or use the mx services.

By CLICKING to accept or agree to the Terms, where this option is made available to you by MX in the user interface for any of the MX Services, or by using any part of the mx services, you expressly (a) acknowledge the following.

Minimum Terms and Conditions

This User agreement contains the terms and conditions for your use of digital money management tools and services that we may provide to you and that involve accessing third party account information ("Services"). Hereinafter "you" "your" means the User and "us" "we" "our" or "Financial Institution" refers to Client and/or Customer (protecting MX as its third-party service provider).

1. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, user names, and all other information you provide.

2. Content You Provide. Your use of the Services is your authorization for Financial Institution or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Financial Institution and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.

3. Power of Attorney. You grant Financial Institution and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Financial Institution and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are not sponsored or endorsed by any third-party site. You acknowledge and agree that when financial institution or its service providers access and retrieve information from third party sites, they are acting as your agent, and not as the agent or on behalf of the third-party sites.

4. Third Party Accounts. With respect to any third-party sites we may enable you to access through the Services or with respect to any non- Financial Institution accounts you include in the Services, you agree to the following:

A. You are responsible for all fees charged by the third party in connection with any non- Financial Institution accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Financial Institution account, you agree to direct these to the account provider.

B. Any links to third party sites that we may provide are for your convenience only, and Financial Institution and its service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third-party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.

5. Limitations of Services. When using the Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.

6. Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User agreement. This User agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User agreement. Your continued use will indicate your acceptance of the revised User agreement. The licenses, user obligations, and authorizations described herein are ongoing.

7. Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

8. Ownership. You agree that Financial Institution and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.

9. User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Financial Institution or its service provider or cause Financial Institution to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.

10. Indemnification. You agree to defend, indemnify and hold harmless Financial Institution, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

11. Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Financial Institution nor its third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Financial Institution and its third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Financial Institution and its third-party providers are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Financial Institution and its third-party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.

12. DISCLAIMER OF WARRANTIES. You agree your use of the services 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, and our service providers, disclaim all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. We, and our service providers, make no warranty that the services (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the services will meet your expectations, or (v) any errors in the services or technology will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material. No advice or information, whether oral or written, obtained by you from a financial institution or its service providers through or from the services will create any warranty not expressly stated in these terms.

13. LIMITATION OF LIABILITY. You agree that financial institution and its third party service providers 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, even if we have been advised of the possibility of such damages, resulting from (i) the use or the inability to use the services at our website/mobile application or of any third party account provider's website/mobile application; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services, (iv) unauthorized access to or alteration of your transmission or data, (v) statements or conduct of anyone on the services, (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possiblity of such damages, or (vii) any other matter relating to the services.

14. WAIVER OF JURY TRIAL AND CLASS ACTION. You agree that, with respect to any dispute with us or our service providers, arising out of or relating to your use of the Services or these terms: (i) You are giving up your right to have a trial by jury; and (ii) you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving such dispute.

15. Export Restrictions. You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.

16. Other Terms. You may not assign this User agreement. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.

Zelle® Terms and Conditions

Zelle Network® Standard Terms

Description of Services
1. The Zelle Network® (“Zelle®”) is a convenient way to send and receive money with others you trust. Zelle enables you to send and receive money with customers who are enrolled with us or with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses, mobile phone numbers, or other unique identifiers (the "Service"). We will refer to financial institutions that have partnered with Zelle as “Network Financial Institutions.”
2. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transferred by a Network Financial Institution.
3. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

Eligibility and User Profile

When you enroll to use the Service you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle, or the financial system to risk.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

Content Standards: You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle or our respective affiliates or customers to harm or liability of any nature.

Although neither we nor Zelle® have any obligation to monitor any Content, both we and Zelle have absolute discretion to remove Content at any time and for any reason without notice. We and Zelle may also monitor such Content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any Content, including any loss or damage to any of your Content. We and Zelle make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.

The Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle tag. Each Zelle tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle tags you may use. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle have any obligation to monitor User Zelle tags, both we and Zelle have absolute discretion to remove a User Zelle tag at any time and for any reason without notice. We and Zelle may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle tag unavailable to you, without any liability to you. We and Zelle may also monitor User Zelle tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby. We and Zelle make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Service that is subject to intellectual property rights claims.

We may modify this Service from time to time at our sole discretion. As always, you may choose to accept or decline changes by continuing or discontinuing the use of Online/Digital Banking and this Service. Changes to fees or terms applicable to your Accounts are governed by the Agreement(s) otherwise governing your applicable Accounts.

You represent that you are at least 18 years of age, and you agree that you are the legal owner of the Accounts and other financial information which may be accessed via Online/Digital Banking. You agree not to misrepresent your identity, or your account information and you understand that you are required to keep your personal contact information Current and up to date for this purpose. You agree to keep Century Bank informed of changes to your email address and other personal contact information on file. You also agree that you are an authorized user of the Device on which the Service is running.

To be a User, you must (a) enroll with a U.S. address, email address and U.S. mobile phone number, and (b) have a personal, not a business or commercial U.S. domestic (not including U.S. territories) checking or savings account.

When you enroll with Zelle®, you may establish one or more profiles. However, you may not establish more than one profile with the same U.S. mobile phone number or email address, and you may not link more than one bank account to a particular U.S. mobile phone number or email address.

Subject to applicable law, Zelle® may amend or change this Service Agreement (including any applicable fees and service charges) from time to time, in its sole discretion, by posting the updated terms on the Zelle® mobile app and at zellepay.com (each referred to individually or collectively as, the “Site”). Please access and review this Service Agreement regularly. If you find the Service Agreement unacceptable to you at any time, promptly cancel your profile and enrollment with Zelle® and immediately discontinue your use of the Service. Your continued access of the Zelle® Site or use of the Service after any amendment, modification or change to the terms and conditions of this Service Agreement shall constitute your agreement and acceptance to such amendment, modification or change.

Consent to Use and Disclose Personal Information (Including Account Information)

You agree that information about you and your transactions may be used by us, Zelle and other Network Banks for the purposes of effecting transactions, providing reporting to Network participants, operation and maintenance of the Network fraud prevention, and as otherwise required by applicable law.

Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Online Applications Privacy Policy at https://www.mycenturybank.com/online-applications-privacy-policy and our standard Privacy Policy at www.mycenturybank.com/privacy-policy, which are incorporated into and made a part of this Agreement by reference.

Wireless Operator Data

We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.
Enrolling for the Service
1. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and/or a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, toll-free number, Google Voice number, or Voice over Internet Protocol.
2. Once enrolled, you may:
  1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
  2. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled “Requesting Money”.
3. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, or we receive information that you are not the owner of the mobile number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
4. Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll it with Zelle.
5. If you enroll for the Service and select to use a Zelle tag, the mobile phone number associated with your User profile will be used as the contact method for communication related to the Service and must meet the requirements described herein.

Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle tag and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
2. You will immediately notify us if any email address or mobile phone number you have enrolled or is used as a contact method for a Zelle® tag is (i) surrendered by you, or (ii) changed by you.
3. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
4. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
5. To cancel text messaging from us, send STOP to 53608. For help or information regarding text messaging, send HELP to 53608 or contact our customer service at (505) 424-2888 or 877-424-2828. You expressly consent to receipt of a text message to confirm your “STOP” request.
6. Supported Carriers: All Major Wireless Carriers

Receiving Money; Money Transfers by Network Financial Institutions

Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions and other Zelle users, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We or Zelle may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.

Sending Money; Debits by Network Financial Institutions

You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.

In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions, and other Zelle users, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).

Neither we nor Zelle have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User.

Liability

Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.

Send Limits

The Following limits apply to Zelle Transfers:

	Cap Amount
Amount Per Transaction	$500.00
Amount Per Processing Day	$500.00
Amount Per Processing Week	$2,500.00
Amount Per Processing Month	$10,000.00

	Number of Payments
Per User Processing Day	3
Per User Processing Week	5
Per User Processing Month	20

We reserve the right to change limits at our discretion, with any required advance notice. By accepting this agreement and continuing to use the service, you acknowledge acceptance of Limits assigned at any time over the course of the use of Zelle. In the event your transfer exceeds a limit, you will be informed of the allowable amount you can transfer at that time. You may call us to obtain current limits at (505) 424-2888 or 877-424-2828. You may review your aggregate usage by tapping on Activity while using the app.

There are no receiving limits for Zelle transfers.

Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our discretion, that we will not send a reminder or repeat request to that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

Transaction Errors

Note: Error resolution regulatory requirements apply only to consumer accounts. In case of errors or questions about your Electronic Transfers, contact Century Bank at (505) 424-2888 or 877-424-2828 or write us at PO Box 1507 Santa Fe, NM 87504.

We must hear from you no later than 60 days after the date we sent you the FIRST statement on which the error or problem appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure of and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.

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

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 Liability for Unauthorized Transfers

If you disclose your Zelle access to anyone, you assume all risks and losses associated with such disclosure. You are responsible for all transactions you authorize using Zelle, as well as transactions authorized by any party to whom you have disclosed your password. Transactions that you or someone acting with you initiates with fraudulent intent are considered authorized transactions.

Tell us AT ONCE if you believe your Zelle access has been stolen, compromised, or you believe that an electronic fund transfer has been made without your permission. Telephoning us at (505) 424-2888 or 877-424-2828 is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within two (2) business days after you learn of the theft or compromise of your Zelle access you can lose no more than fifty dollars ($50) if someone accessed your account without your permission.

If you DO NOT tell us within two (2) business days after you learn of the theft or compromise of your Zelle access and we can prove we could have stopped someone from using your Zelle access without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).

Also, if your statement shows transfers that you did not make, including those made by card, code or other electronic means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Liability for Failure to Complete Transfers

If we do not complete a transfer to or initiate a transfer from your account within specified time frames, or in the correct amount, all in accordance with our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your funding account to make the transfer.
2. If the transfer would go over the credit limit on your overdraft line, if you have one.
3. If the system supporting the transfer was not working properly and you knew about the breakdown when you started the transfer.
4. If you have reported that your Zelle access has been stolen, compromised,
5. If we receive inaccurate or incomplete information needed to complete a transaction.
6. If the funds in the account are subject to legal action preventing the transfer from your account.
7. If we have terminated your access to the Zelle service.
8. If the transfer is delayed or canceled for any of the reasons described in other Sections of this Agreement.
9. If circumstances beyond our control (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
Fees

We do not charge a fee for using Zelle. However, fees associated with text messaging may be assessed by your mobile carrier and data rates may apply. In addition, fees may apply if you use Zelle through another institution.

You may be denied service for insufficient funds in your account. You will be responsible for any other transaction fees that apply to your Account. We reserve the right to assess fees in connection with the Zelle transfer service in the future. If we do assess fees, we will give you reasonable notice as required by law and we may deduct any applicable fees from the funding account used for the transfer transaction. For information on current fees or to obtain a current fee Schedule, please contact our Client Services Center at (505) 424-2888 or 877-424-2828 or visit any Century Bank branch and speak with a Customer Service Representative.

Use of Our On-line Banking Website and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Electronic Banking Agreement and Disclosure which is available at Online Banking Disclosures (mycenturybank.com) and incorporated into and made part of this Agreement by this reference.

Cancellation of the Service

If you wish to cancel the Service, please contact our Client Services Center at (505) 424-2888 or 877-424-2828 or visit any Century Bank branch and speak with a Customer Service Representative. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.

Right to Terminate Access

In the event you violate any terms of this Agreement, there are unauthorized fraudulent transactions related to your funding account, deposit account or use of the Transfer Service, or we incur problems with your use of the Transfer Service, you agree that we may suspend or terminate your access to the Transfer Service at any time.

We may, in our sole discretion, at any time, and with required notice, if any, suspend or terminate:
1. The Transfer Service,
2. Your ability to send or receive funds through a Transfer Transaction,
3. Your ability to send funds through a Transfer Transaction, while continuing to permit you to receive funds through a Transfer Transaction,
4. Your ability to request funds from another Member, or
5. Your ability to receive requests for funds from another Member.

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANICAL INSTITUTIONS 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 THE 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, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
Governing Law; Choice of Law; Severability

Severability

This Agreement will be governed by and interpreted in accordance with Federal law and regulations, and by the laws of the State that is specified in your Membership and Account Agreement for governing your eligible transaction accounts. Any action between us shall be subject to the jurisdiction and venue provisions of that Agreement which are hereby incorporated into this Agreement.

If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect, and such invalid, illegal or unenforceable provisions shall, to the extent permitted and possible, be deemed replaced by a provision that is valid, legal and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable provision.

Disclaimer Warranty

To the maximum extent permitted under applicable law and except as otherwise expressly set forth herein, this Service is provided as-is, without warranty of any kind. Please understand that Century Bank does not guarantee that your Device or wireless service provider will be compatible with Digital Banking. It will be your responsibility to ensure that your Device is protected from harmful components which could result in damage to your phone or Device and damage that could result in information being intercepted by a third party.

Century Bank is not responsible or liable:
1. For any indirect, incidental, special or consequential damages as a result of malware, viruses or other harmful components.
2. If any nonpublic personal information is accessed via Digital Banking due to any virus or other malware residing in or being contracted by your Device at any time, from any source.
3. For errors or delays or your inability to access the Service that is caused by your Device or Internet service provider.
4. For the cost of upgrading your Device in order to remain Current with the Service.
5. Any damage to your Device or the data within.

To the maximum extent permitted under applicable law, under no circumstance will Century Bank be liable to you or any third parties for any indirect, special, incidental, consequential, or punitive damages of any kind or for any matter arising from or relating to this Agreement, the Service or any updates provided including, without limitation, your use of or inability to use the Service, regardless if such liability is asserted on the basis of contract, tort, even if Century Bank was informed of the possibility of such damages.

Miscellaneous

Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle. Live customer service generally will be available Monday through Friday, excluding US bank holidays.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

Rev. 5052025

Card Swap Terms and Conditions

The following terms and conditions ("Terms of Service") constitute a binding agreement between you and Century Bank and its licensors (collectively “We”, “Us” or “Our”) with respect to your use of the CardSwap software (the "Software"), and the Payment Card Service, “CardSwap” (as defined in the “Description” Section below) (collectively the "Services"). By accessing or using the Services in any manner, you (A) ACKNOWLEDGE That you have read, understand, and agree to these terms of service and our privacy policy which is incorporated herein by reference, and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.

Changes to Terms of Service. We may revise and update these Terms of Service from time to time in Our sole discretion. All changes are effective when they are posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.

Scope of and Restrictions on Use. Subject to these Terms of Service, We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. Except as otherwise provided in these Terms of Service, the Software may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose. You agree not to:

Collect information from the Services using an automated software tool or manually on a mass basis.
Use automated means to access the Services or gain unauthorized access to the Services or to any account or computer system connected to the Services.
Obtain, or attempt to obtain, access to areas of the Services or Our systems that are not intended for access by you.
"Flood" the Services with requests or otherwise overburden, disrupt, or harm the Services or Our systems.
Restrict or inhibit other users from accessing or using the Services.
Modify or delete any copyright, trademark, or other proprietary rights notices that appear in the Software; or
Access or use the Services for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

If you download the Software, you further agree not to:

Copy the Software.
Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software.
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features or functionality of the Software to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time; or
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software.

Ownership. The Services and the Content are licensed or owned by Us and Our licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed in the Software are registered and unregistered marks of Ours and Our licensors. The Software is licensed, not sold, to you. You acknowledge and agree that, as between you and Us, We are and shall remain the sole owner of the Services, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

Description. We provide a Card Payment Service (“CardSwap”) that allows you to link your Century Bank Consumer Debit Card or Business Debit Card to certain third-party service providers ("Payees") by accessing your accounts on such Payees’ websites and online services ("Payee Sites") via the Card Payment Service. The Card Payment Service allows you to add or swap your payment card used to make payments thereby making payments from a single funding account, as that term is defined in the “Funding Accounts” Section below.

Payee Account Information. In order to use “CardSwap”, you will need to link your Debit Card on Payee Sites to “CardSwap” by providing Us with the information necessary to access such accounts (such as account usernames and passwords) ("Payee Account Information"). You hereby authorize Us to use and store your Payee Account Information and to access your accounts on Payee Sites to provide “CardSwap” Service to you and to configure “CardSwap” so that it is compatible with the applicable Payee Sites. You represent and warrant to Us that you are the legal owner of any accounts on Payee Sites that you access via “CardSwap” and that you have the authority to allow Us to access your accounts using your Payee Account Information on your behalf.

Funding Accounts. If you use “CardSwap”, payments will be paid using funds from your Century Bank Checking Account linked to your Consumer or Business Debit Card (each, a "Funding Account"). By initiating a payment through “CardSwap”, you authorize Us to charge the Funding Account linked to your Century Bank debit card(s) that you designate to pay such bill. You represent and warrant that you have the right to authorize Us to charge the Funding Account for payments you initiate using “CardSwap”. You agree to maintain a sufficient balance or overdraft protection limit in each specified Funding Account that is sufficient to fund all payments made using the Debit Card linked via “CardSwap”. If for any reason the Payee is unable to access funds from the specified Funding Account to make a payment transaction you initiate (for example, non-sufficient funds, restricted, expired, or closed Debit Card, exceeding maximum limits of Debit Card), the transaction may not be completed. We are not responsible for any overdraft fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available overdraft protection limit in a Funding Account that is sufficient to fund the payments you initiate using the Debit card linked via “CardSwap”.

Limitations. You acknowledge and agree that: (a) some Payees may not allow Us to access your account on Payee Sites on your behalf; (b) Payees may make changes to Payee Sites and/or other services, with or without notice to Us, that may affect overall performance of “CardSwap” and prevent or delay payment to such Payees; (c) certain Payees may not accept payment from all types of funding sources (for example, not all Payee Sites may accept debit cards); and (d) We may, in Our sole discretion, impose limits on the number and amount of payments, in aggregate, that you can send using the Debit Card linked via “CardSwap”.

When a payment is initiated using the Debit Card linked via “CardSwap”, the Payee is not required to accept it. You agree that you will not hold Us liable for any damages resulting from a Payee not receiving payment made using the Debit Card linked via “CardSwap” for any reason.

Payment Delays and Errors. It is your responsibility to review all payment transactions you initiate using the Debit Card linked via “CardSwap” against account statements you receive from Us. You acknowledge that some transactions may take longer to be credited to your account on a Payee Site due to circumstances beyond Our control, such as delays in handling and posting payments, errors with Payee Account Information, or errors with funding instructions. You are solely responsible for ensuring that payments made using the Debit Card linked via “CardSwap” arrive by the Payee’s due date.

You are solely liable for errors you make in using “CardSwap”. Without limiting the foregoing, We will not be responsible or liable: (a) if the Debit Card linked via “CardSwap” or linked Funding Account is restricted, expired, closed or does not contain sufficient funds or transaction amount or velocity limit to complete a transaction; (b) if a payment is rejected, returned, mishandled, or delayed by the Payee or Us for any reason; or (c) due to (i) any unavailability of “CardSwap” for any reason, (ii) fraud or attacks on the Services, or (iii) circumstances beyond Our control (for example, fire, flood, third party networks, or any failure by your computer, software, or Internet connection).

Unauthorized Transactions. You must notify Us immediately if you suspect or believe that a transaction to a “Payee” has occurred using the Debit Card linked to the Payee via “CardSwap” that you did not authorize or that an incorrect amount was authorized. In an effort to manage Our risk, We and Our service providers may, but are not required to, monitor your transactions and processing activity for high-risk practices or for fraudulent transactions.

Electronic Communications. The communications between you and Us via the Services use electronic means. For contractual purposes, you consent to receive communications from Us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Policy. You acknowledge and agree that all information collected by Us is subject to Our Privacy Policy. By using the Services, you consent to all actions We take with respect to your information in compliance with Our Privacy Policy.

Software Updates. We may, from time to time in Our sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.

Changes to the Services. We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof at any time. You agree that We will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access. We have the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason (including access by a minor), including if you violate these Terms of Service or if We believe there is suspicious or unusual activity related to your account. Neither termination nor suspension shall affect your liability or obligations under these Terms of Service. If We suspend or terminate your access to the Services, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.

In the event We terminate your account, any payments to Payees that We have processed before the termination date may be completed, however you should verify that such payments have been completed directly with your intended Payee. We are not responsible for any payments not completed by Us as a result of termination.

Disclaimer of Warranties. The services and the content are provided to you on an "as is" and "as available" basis, without warranties of any kind, and we hereby disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services or any content. Without limiting the foregoing, neither we nor any person associated with us represents or warrants that the services or the content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services, content, or the servers that makes them available are free of viruses or other harmful components, or that the services or the content will otherwise meet your needs or expectations.

Limitation of Liability. To the fullest extent permitted by law, in no event will we or our respective officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of or inability to use the services, including, but not limited to, loss of use or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. If, notwithstanding the provisions of this section, we are found liable for any loss, damage, or injury under any legal theory relating in any way to the subject matter of these terms of service, in no event will our aggregate liability to you or any third party exceed the total amount of $100.00. The foregoing limitations shall apply even if your remedies under these terms of service fail of their essential purpose.

Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in the “Limitation of Liability” and “Exclusions” Sections may not apply to you. In such states, any exclusions and/or limitations found unenforceable by law shall be severed from these terms and conditions, and our liability is limited to the absolute minimum amount permitted by law.

Indemnification. You agree to indemnify, defend, and hold Us and Our officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (a) your use of the Services; (b) any violation of these Terms of Service or applicable law; and/or (c) any claims by another owner of a Funding Account you use in connection with “CardSwap” or any joint account holder of an account on a Payee Site. We reserve the right to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with Us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Service.

Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that We are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Third Party Platforms. We may provide the Services to you through the Payees Sites and/or other third-party websites, operating systems, platforms, and portals (collectively, "Third-Party Platforms"). Additional terms and conditions will apply to you with respect to your use of Third-Party Platforms, which are not under our control. We do not assume any responsibility or liability for your use of such Third-Party Platforms.

U.S. Export Controls. The Software may be subject to United States export laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software available outside the United States.

Geographic Restrictions. We are based in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law. Jurisdiction and Venue. These Terms of Service and any dispute or claim arising out of or related to these Terms of Service, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New Mexico. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Services or Content shall be instituted exclusively in the federal or state courts located in Santa Fe County, New Mexico. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these terms of service or the services or content must be commenced within two (2) years after the cause of action or claim accrues, otherwise, such cause of action or claim is permanently barred.

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 of service or the services or content.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Service will continue in full force and effect.

Entire Agreement. These Terms of Service, including Our Privacy Policy and additional documents incorporated herein by reference, constitute the sole and entire agreement between you and Us with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Remote Deposit Anywhere Disclosure (Mobile Banking)

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 & 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.

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.

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.

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.

4. Eligible Items. You agree to capture and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC"). When the image of a check transmitted to Century Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code as adopted in New Mexico.

5. Ineligible Items. You agree that you will not use the Service to capture and deposit any checks or other items as shown below:

Checks or items payable to any person or entity other than the authorized account holders.
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.
Checks or items previously converted to a substitute check, as defined in Regulation CC.
Checks or items drawn on a financial institution located outside the United States (foreign items).
Checks or items not payable in United States currency.
Checks or items that are postdated or more than six months old.
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.
Travelers checks.
Money orders.
Savings Bonds.
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:

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
(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:

In any anti-competitive manner,
For any purpose which would be contrary to Century Bank's business interest, or
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:
c. You will only transmit eligible checks and items that you are entitled to enforce. All checks and items will include all signatures required for their negotiation.
d. Images will meet Century Bank's image quality standards.
e. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
f. All information you provide to Century Bank is accurate and true, including all images transmitted to Century Bank accurately reflect the front and back of the check or item at the time the image was captured.
g. You will comply with this Agreement and all applicable rules, laws and regulations.
h. You will use the Service only for your own deposits and will not allow the use of the Service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the Service by or for the benefit of any third party.

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:

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
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;
We have reason to believe the Service is being used in an anti-competitive manner or contrary to Century Bank's business interests; or
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.

Electronic Document Delivery Agreement

Please take a moment to review the terms of the Century Bank Electronic Document Delivery Agreement (Agreement) so that you understand both the benefits and limitations of Century Bank’s Electronic Document Delivery. To activate Century Bank Electronic Document Delivery, you must agree to the following terms and conditions and indicate your selection below at the end of this Agreement:

SCOPE AND ACCEPTANCE OF TERMS. When you click on the “I accept the E-Statement Delivery Disclosure” and the click on the “Submit” button, you are consenting to the electronic delivery of account statements, certain notices and disclosures and other communications. Your preference to receive your statements, and notices electronically will remain in effect until amended by you pursuant to Paragraph 4 or until this Agreement is canceled pursuant to Paragraph 5. In the event of equipment failure and you are unable to retrieve your emails, you may obtain a copy of any statement, notice or disclosure on paper by telephoning Century Bank’s Customer Service Center at 877-424-2888 or by sending a written request to: Century Bank, Attn: Electronic Delivery, PO Box 1507, Santa Fe, NM, 87504-1507. Statements and other communications will remain online for at least 18 months.

NOTICE AND PLACE OF DELIVERY. Century Bank will deliver documents via your Personal or Business Electronic Banking messaging. You will receive an email notifying you that your statement or notice is now available. We may deliver electronic notices via any agreed upon method through our electronic banking platform, push notification, text or any other authorized electronic medium such as email. However, you must immediately notify us if your email address changes. You may change your email address at any time by logging in to Electronic banking and clicking on “Services” and selecting “Update Personal Information” to enter your new email address OR you may call the Call Center at 877-424-2888.

You also agree to receive electronically any legal notices or other important information currently delivered with your paper statements (“Statement Inserts”). Your request for such delivery will be your acknowledgement that this section governs the delivery of any communications, including legal notices. Examples of Statement Inserts that may be delivered electronically include, without limitation, Change of Terms notices, privacy statements, and Reg E Error Resolution Notice.

YOUR RESPONSIBILITIES. (a) Equipment/Access requirements: In order to receive notices and other communications electronically, you must have the following capabilities and equipment:
A computer, laptop, tablet, smart phone, or other mobile device with access to the Internet;
An active email account at which to receive notification of available documents and ensure that emails from Century Bank are not disabled, blocked or flagged within your Inbox. It is your responsibility to notify the Bank of any changes in your email address;
A recent version of an internet browser such as Chrome, Firefox, Safari, or Microsoft Edge (free software you can download); and
A recent version of Adobe Acrobat Reader or other software to view PDF documents (free software you can download);

You are solely responsible for the cost and maintenance of such equipment. By requesting to receive electronic documents, you represent and warrant that you have the equipment and access capabilities to receive documents electronically. If system requirements change, Century Bank will notify you at least 30 days prior to the effect of any such changes. If you cannot receive electronic documents as a result of these changes, you will receive all communications via regular mail, including statements.

(b) Protect your Login ID and Password. You are responsible for the use, protection and confidentiality of your Login 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. If your information is compromised, change your Personal or Business Electronic Banking password immediately.

(c) Open and read your documents. You are responsible for accessing and reading any electronic communications via the Electronic Banking site. 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 you cannot access any documents you receive or if the documents are incomplete or unreadable.

CANCELLATION RIGHTS. You may cancel this agreement at any time by (A) accessing Electronic Banking and un-enrolling your account(s), or (B) calling the Customer Service Center at 877-424-2888, or (C) providing thirty (30) days written notice by postal delivery addressed to: Century Bank, Attn: Electronic Delivery, PO Box 1507, Santa Fe, NM 87504-1507. 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 receive electronic documents. Century Bank will not impose any fees for cancellation. Cancellation is effective within 30 days after your request for cancellation. Cancellation shall not affect the legal effectiveness, validity or enforceability of documents provided to you prior to the effective date of cancellation.

Requesting Paper Copies. At your request, we will provide you with a paper copy of your statement or any notice; however, you may be charged a fee per our Fee Schedule.

If You Do Not Want Electronic Statements or Notices. You may choose not to receive statements and/or notices electronically, in which case, all official statements or will be sent to you in paper form via the United States Postal Service at your address as reflected on our records.

OTHER CANCELLATION RIGHTS. Century Bank may cancel this Agreement and your access to Personal or Business Electronic Banking 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 Paragraphs 7, 8, 9, and 10 will survive cancellation of this Agreement.

AMENDMENT OF AGREEMENT. (a) Changes by Century Bank. Century Bank reserves the right, at any time, to amend the terms 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 Paragraph 4 within 30 calendar days from the date of delivery of the amendment to you. Continued use will also be deemed your acceptance of any amendments to this Agreement.

NO WARRANTIES/LIMITATIONS OF LIABILITY. Century Bank cannot foresee or anticipate technical or other difficulties. Therefore, Century Bank makes no warranty that 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 Paragraph 3, (B) Interruption in 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.

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 this Agreement, the service or content.

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 (ESIGN 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 consent.

CONSENT AND AGREEMENT. By clicking on the “I accept the E-Statement Delivery Disclosure” and the “Submit” button you are consenting to receive electronic documents. You acknowledge that you have examined the electronic copy of the Agreement, confirm that you are able to view it, and can 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.

Online Applications Privacy Policy

May 2022

Century Bank (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Online Applications Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application (the “Application”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, PLEASE DO NOT ACCESS THE APPLICATION.

We reserve the right to make changes to this Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Policy. You are encouraged to periodically review this Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Policy by your continued use of the Application after the date such revised Policy is posted.

This Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.

Note: This policy is specific to our Privacy practices with our Online Applications. It exists separate from, but related to, our full Privacy policy which can be found here: Privacy Policy

COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:

Personal Data

Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application.

Derivative Data

Information our servers automatically collect when you access the Application, such as your native actions that are integral to the Application, as well as other interactions with the Application and other users via server log files.

Financial Data

Financial information, such as data related to your payment method (e.g. bill payment information, P2P payment or external transfer) that we may collect when you make a bill payment, send or transfer money to execute the request through services from the Application

Geo-Location Information
We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Access
We may request access or permission to certain features from your mobile device for the following purposes, you may configure application access when installing or through the settings function on the device.

Permissions	Function	Example
Camera	Allows access to the device's camera	Mobile Remote Deposit
Location	Allows access to location	Maps
Contacts	Allows access to contacts on the device	Person to Person Payments Recipient List
Phone State*	Allows access to information about the users device for device identification	Malware/Anti-Phishing for Easy Solutions integration

*While PHONE STATE is included in our Android App code for all FIs, it is only utilized by those FIs who have Easy Solutions enabled.

Mobile Device Data
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

Push Notifications
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:

Compile anonymous statistical data and analysis for use internally or with third parties.
Create and manage your account.
Deliver targeted advertising, newsletters, and other information regarding promotions and the Application to you.
Email you regarding your account or order.
Enable user-to-user communications.
Fulfill and manage P2P Payments, Bill Payments and External Transfers, and other transactions related to the Application.
Generate a personal profile about you to make future visits to the Application more personalized.
Increase the efficiency and operation of the Application.
Monitor and analyze usage and trends to improve your experience with the Application.
Notify you of updates to the Application.
Offer new products, services, mobile applications, and/or recommendations to you.
Perform other business activities as needed.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments.
Request feedback and contact you about your use of the Application.
Resolve disputes and troubleshoot problems.
Respond to product and customer service requests.
Solicit support for the Application.

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. This sharing is covered in our general Privacy Policy available through our website.

Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Interactions with Other Users

If you interact with other users of the Application (such as when sending funds person to person), those users may see your name.

AFFILIATES

We may share your information with our affiliates, in which case we will require those affiliates to honor this Policy as well as Century Bank’s general Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners

We may share your information with our business partners to offer you certain products, services or promotions.

Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur, and that the transferee may decline to honor commitments we made in this Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

TRACKING TECHNOLOGIES

Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

Website Analytics

We may also partner with selected third-party vendors, such as Google Analytics to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors.

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

Third-Party Websites

The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.

Security Of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

Policy For Children

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and our mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Policy.

OPTIONS REGARDING YOUR INFORMATION

You may at any time review or change the information in your account or terminate your account by:

Contacting us using the contact information provided below
Logging into your account settings and updating your account

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

Noting your preferences at the time you register your account with the Application

Logging into your account settings and updating your preferences.
Contacting us using the contact information provided below

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.

Century Bank
100 S. Federal Place
Santa Fe, NM 87501
(505) 424-2888