Mobile Banking Agreement and Disclosure

Introduction


First State Bank strives to provide you with the highest quality Mobile Banking (the "Service") available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the "Agreement"). 

We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by Law. 

Definitions

 
As used in this Agreement and Mobile Banking services, the following words have the meanings given below: 

"Account(s)" means your eligible First State Bank checking, savings, loan, certificate of deposit or products that may be accessed through Mobile Banking. 

"Device" means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.

"Mobile Banking" means the banking services accessible from the Device you have registered with us for Mobile Banking. 

"You" and "Your(s)," mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service. 

"We," "Us," and "Bank" means First State Bank.

Mobile Banking Service 


Description of Service. Mobile Banking is offered as a convenience and supplemental service to our FreedomBanking services. It is not intended to replace access to FreedomBanking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your First State Bank account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be enrolled to use FreedomBanking and then activate your Device within the Mobile Banking system. Information about First State Bank’s Mobile Banking service is available on our website at www.SocorroBanking.com. 

We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time. 

Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. First State Bank does not guarantee that your Device or mobile service provider will be compatible with Mobile Banking. First State Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues. 

Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online banking instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for ensuring you understand how to use Mobile Banking as modified. You also accept responsibility for ensuing that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device. 

Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. 

Any deposit account, loan or other banking product accessed through this Service is also subject to any Account Agreements and Disclosures, including but not limited to the FreedomBanking Agreement, provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking. 

In addition, the use of this service is subject to Regulation E. 

Permitted Mobile Banking Transfers 


You may use the Service to transfer funds between your eligible First State Bank accounts ("Internal Transfer"). You may not transfer to or from an Account at another financial institution using Mobile Banking. 

If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate Internal Transfer via Mobile Banking. Transfer transaction requests received after 7:00 p.m. MST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. 

You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. Please refer to our current fee schedule for a listing of our fees. 

Limitations on Transfers


Federal regulations require limitations on the frequency of preauthorized and “Telephone Transfers” 

from savings and money market deposit accounts. Telephone transfers in this paragraph refer to transfers initiated though the Service, BillPay Service, Companion Line, and those initiated by telephoning the Bank to transfer from your savings or money market deposit account. These limitations are further explained in the Deposit Account Agreement you received when you opened your accounts with us. 

We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds. 

Your Responsibilities 


You represent and agree to the following by enrolling for Mobile Banking or by using the Service: 

Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking. 

User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. 

We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk. 

Mobile phones and other Devices with internet capabilities are susceptible to viruses. You are responsible in ensuring that your Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”), which could result in damage to programs, files and/or your device or could result in information being intercepted by a third party. First State Bank will not be responsible or liable for any indirect, incidental, special, or consequential damages which may result from such viruses. First State Bank will also not be responsible if any non-public personal information is accessed via Mobile Banking due to any above named viruses residing or being contracted by your Device at any time or from any source. 

User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (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 us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our 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 Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others. 

No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking. 

Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless First State Bank its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking. 

Termination. First State Bank reserves the right to terminate Mobile Banking, in whole or in part at any time with or without cause and without prior written notice as allowed by law. In the event you provide written notice of termination, we may, but are not obligated to immediately discontinue making previously authorized transfers, including recurring transfers and other transfers previously authorized, but not made. We also reserve the right to suspend Mobile Banking either temporarily or permanently in situations deemed appropriate in our sole and absolute discretion including if a security breach has been attempted or has occurred. We may consider repeated incorrect attempts to enter your user name or password as an indication of an attempted security breach, Termination of the Service does not affect your obligations under this Agreement in respect to occurrences before termination. 

Electronic Funds Transfer Agreement and Disclosure


This Agreement and Disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) service. Electronic funds transfers are electronically initiated transfers of money involving an account at the Financial Institution. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers for mobile banking.

Mobile banking is offered as a convenience and supplement service to our FreedomBanking services. It is not intended to replace access to FreedomBanking from your personal computer or other methods for managing your accounts and services with us. 

Types of Transactions.  You may access certain accounts(s) you maintain with us by computer using your assigned user ID and password by accessing the mobile banking service. You may use the mobile banking service to perform the following functions: 

 

  • Transfer funds between eligible accounts
  • Obtain balance information on eligible accounts
  • Review transaction on eligible accounts
  • Make loan payments

 

Deposit checks by taking a picture of the front and back of the check using mobile capture. Certain restrictions apply for mobile capture. Please visit www.SocorroBanking.com/Personal/Services/Big-On-Mobile/Mobile-Capture-Disclosure for terms and conditions. 


Fees and Charges for Mobile Banking Service.

  • There is no charge for using our mobile app.