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First State Bank’s FreedomBanking BillPay Service

First State Bank’s FreedomBanking BillPay (BillPay) will allow you to enroll in the Pay Anyone Services and transmit payment instructions through BillPay.  You will be able to initiate payments, subject to any maximum payment limit established, to any Payee in the United States, U.S. military bases, or U.S. Territories (Guam, Puerto Rico, Virgin Islands). Payments may be initiated to, or at the direction of, government agencies, organizations and institutions, and court directed payments. In order to access BillPay Services, Exhibit “A” (Authorization) must be completed and is made a part of this agreement.


Your Personal Payee List

You must provide sufficient information about each Payee ("Payee Information"), as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account ("Payee Account") to credit with your payment. This information may include, among other things, the name and address of the Payee and your Payee Account number. You must allow five (5) business days after any additions, deletions and changes are communicated through the Service before they become effective. From time to time we may limit the number of Payees you may designate to receive payments through the Service.


Payment Amount

Individual payments may be made in any amount not less than $1.00. You may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee on the same day for the same amount.


Delivery of Your Payments

You may schedule payments on the day that you enter the payment information, on a future date, or on the same date each month, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be "initiated" only on business days. The date on which a payment is to be "initiated" is the date on which funds are to be deducted from your checking account(s) (the "Transaction Date"). Please refer to the online Help regarding the scheduling of payments.

We may remit your payments by mailing your Payee a check drawn on an account we maintain for this purpose, by electronic funds transfer, or by other means. Because of the time it takes to transmit your payment to your Payees, they generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a Same Day Payment, a Future Payment, or a Recurring Payment. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date for each payment must be at least five (5) business days prior to the Due Date. We will not be responsible for any loss you may incur as a consequence of late payments.

It is helpful if you allow additional time for a payment to be completed the first time you send a payment to a Payee through the Service. This allows the Payee to adjust to the new form of payment. Accordingly, your first payment to a Payee should be scheduled with a Transaction Date at least ten (10) business days prior to the Due Date.


Order of Payment

If more than one payment is scheduled for the same day, we will, in our sole discretion, determine the order in which those payments are processed. You cannot control the order in which these payments are processed.


Same Day Payments

You may schedule a payment to be initiated on the same day you enter the payment information on the Service (a "Same Day Payment"). Same Day Payment(s) must be scheduled by 2 p.m. (Mountain Standard Time) on a business day in order for the payment to be initiated on the same day.


Future Payments

You may schedule a payment to be initiated on any future business day (a "Future Payment").


Recurring Payments

You may schedule payments to individual Payees to be automatically initiated in a fixed amount on the same date every month (a "Recurring Payment"). The date on which a transaction is scheduled to be initiated is referred to below as the "Recurring Payment Date." If a Recurring Payment Date is a day, which does not exist in a certain month, then the payment will be initiated on the last business day of the month. For example, if you schedule a payment for the 30th of each month, your payment for the month of February will be initiated on the 28th of February or the last business day of February, if the 28th falls on a day which is not a business day. If the Recurring Payment date falls on a day other than a business day in any month, your payment will be initiated (i.e., the payment will be deducted from your checking account) the preceding business day. Thus, your actual Transaction Date for any month may not be the Recurring Payment date. For example, if you schedule a Recurring Payment to be initiated on the fifth (5th) of each month, and August 5th is a Saturday, your payment for August would be initiated August 4th, which would be your actual Transaction Date for August.

It is also important to note that differences in the days of the week can reduce the number of business days between your scheduled Recurring Payment date in any particular month. In order to ensure that your Recurring Payments are always initiated at least five (5) business days before your payment due date, we recommend that you schedule the Recurring Payment date to be at least ten (10) calendar days prior to your payment due date.


Canceling or Changing Payments

You may stop any Recurring Payment transaction by deleting, canceling or changing the payment through First State Bank’s FreedomBanking BillPay Service at least three (3) business days or more before the Transaction Date.


Uncompleted Payments

If we remit your payment to a Payee by mailing your Payee a check drawn on an account we maintain for this purpose and the check has not been presented for payment within 90 days after the Transaction Date, we may place a stop payment order on the check and mail you a refund check or deposit the amount of the payment into your account.


Our Liability for Failure to Complete Transactions

We will initiate an ACH debit from each appropriate Billable Account in the amount corresponding to the amount of each payment entered by each BillPay user.  If we do not complete to or from your account on time or in the correct amount under the terms of this agreement, we will be liable only for your damages proximately caused by our failure to complete a transfer(s).  By allowing each BillPay user to request payment(s) through First State Bank’s BillPay the BillPay user authorizes First State Bank’s BillPay to initiate ACH debits from Billable Accounts for payment settlement.  The BillPay user understands that they are fully responsible for the availability of good funds necessary to settle the bill payment activities initiated through the use of First State Bank’s BillPay Payment Services.  The BillPay user is and shall remain solely and exclusively responsible for the entire amount of any NSF Payment and charges.  First State Bank BillPay Services shall not be responsible for losses associated with Government Payments.  The BillPay user shall be exclusively responsible for and, upon demand, shall reimburse First State Bank BillPay, the amount of any Government Payments, which First State Bank reasonably believes it, cannot collect for any reason.  Additionally, First State Bank BillPay Services shall not be liable if: Through no fault of ours, you do not have enough money in your account to make the transfer; a transfer would exceed your overdraft protection credit limit; the funds in your account are subject to legal process or other encumbrance restricting transfer; a Payee mishandles or delays handling payments sent by us; you have not provided us with the correct Payee name, address, and account information or payment amount; circumstances beyond our control (such as fire, flood, or delay in the US Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.  Notwithstanding anything contained in this agreement, in no event shall liability extend to any third party agent or independent contractor.


Fees

The First State Bank FreedomBanking Services are provided to you at no cost when your account is opened with us.  The First State Bank FreedomBanking BillPay Services has charges as listed in Exhibit “B” (Charge Schedule) and if applicable shall be debited from your assigned BillPay account(s) inclusive of gross receipt tax.


Statements

All of your payments and funds transfers made through the Service will appear on your monthly account statement(s). The Payee name, payment amount and Transaction Date will be reflected for each payment made through the Service.


eStatements

First State Bank may provide you the option to receive your account statements electronically through First State Bank’s FreedomBanking eStatements.  Once you have accepted to receive your statements electronically via eStatements, your paper statements will be discontinued.  First State Bank will provide you with a copy of the your paper statement for an additional fee.  For information regarding our fees, please reference the First State Bank current fee schedule.


Equipment

We are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power or telephone service; (b) the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or (c) any defect or malfunction of your PC, modem or telephone line.


Business Days/Hours of Operation

Our business days are Monday through Friday, except bank holidays. Although First State Bank’s FreedomBanking BillPay may be initiated only on business days, the Service is available 24 hours a day, 7 days a week for the scheduling, modification or review of payment orders and for funds transfers and balance inquiries, except during scheduled maintenance periods.


Notice of Your Rights and Liabilities

Tell us AT ONCE if you believe that one or more of your security codes have been lost or stolen. Otherwise, you could lose all the money in your account(s) accessed by the Service. Telephoning is the best and fastest way of keeping your possible losses to a minimum.

If you believe your security code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 888.835.7142, or if you are calling from the Socorro area, 575.835.1550, or fax to: 575.835.2225, or email to FSBOnline@SocorroBanking.com or write to:

First State Bank
Post Office Box Z
Socorro, New Mexico 87801-0479

If you tell us within two (2) business days after you discover that your User ID and Password has been lost or stolen, you can lose no more than $50.00 if someone used your User ID and Password without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your User ID and Password, and we can prove we could have stopped someone from using your User ID and Password without your permission if you had told us, you could lose as much as $500.00.

Additionally, if your statement shows transfers that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we prove that we could have stopped someone from taking the money if you had told us in time.  If a good reason prevented you from telling us, we may extend the time periods.


Errors and Questions

In case of errors or questions about your electronic transfers or payments, you should: Telephone First State Bank at 888.835.7142, or, if you are calling from the Socorro area, 575.835.1550, or email FSBOnline@SocorroBanking.com or write to:

 First State Bank
Post Office Box Z
Socorro, New Mexico 87801-0479

If available with the Service, you may also initiate a Payment Inquiry on your PC if you think that your statement is wrong or you need more information about a transfer listed on your statement or appearing on your PC.

We must hear from you no later than sixty (60) days after you received the first statement or notification on your PC in which the problem or error appeared.  Tell us your name and account number.  Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.  Tell us the dollar amount of the suspected error.

We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the transfer involves 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 forty-five (45) days (ninety (90) days if the transfer involves a new account) to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (10) business days (twenty (20) business days if the transfer involves 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 do not receive it within ten (10) business days, we may not re-credit your account.

If we decide there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.


Disclosure of Account Information to Third Parties

We will disclose information to third parties about your account(s) or the transactions you make: where it is necessary for completing a transaction; or in order to verify the existence and condition of your account(s) to a third party, such as a credit bureau or merchant; or in order to comply with a governmental agency or court orders; or if you give us your written permission.


Authorization to Obtain Information

You agree that we may obtain and review your credit report from an authorized credit bureau. You also agree that we may obtain information regarding your payee account(s) in order to facilitate proper handling and crediting of your payment(s).


Termination

You may terminate your use of the Service at any time by calling First State Bank at 888.835.7142, or 575.835.1550 if calling from the Socorro area, or email to FSBOnline@SocorroBanking.com or write to: First State Bank, Post Office Box Z, Socorro, New Mexico 87801-0479. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. We shall require that you put your request in writing. If you have scheduled payments with a Transaction Date within this ten (10) day period, you must also separately cancel those payments using the BillPay Service. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments with Transaction Dates during the ten (10) days following our receipt of your written notice of termination. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if your checking account is closed, or access to your checking account is restricted, for any reason. If you would like to transfer the Service to a different account with us, you must provide ten (10) business days advance written notice. Termination will not affect your liability or obligations under this agreement for transactions we have processed on your behalf. If your Service is terminated prior to the end of a month, you will be responsible for the entire monthly fee, if applicable.


Limitation of Liability

Except as set forth herein, First State Bank disclaims any and all warranties with respect to the Service, whether express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.  In no event shall First State Bank be liable for any lost profits, loss of good will or for special, indirect, or consequential damages, regardless of whether such claim arises in tort or contract.


Entire Agreement

This agreement is the complete and exclusive agreement between you and us related to the Service and supplements any other agreement or disclosure related to your checking account or other account(s). In the event of a conflict between this agreement and any other agreement or disclosure related to your checking account or other account(s) or any statement by our Team Members or Agents, this agreement shall control. 


Waivers

No delay or omission by us in exercising any rights or remedies there under shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise thereof or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.


Assignment

You may not assign this agreement to any other party. We may assign this agreement or delegate any or all of our rights and responsibilities under this agreement to any third parties.


Governing Law

This agreement shall be governed by and construed in accordance with the laws of New Mexico where your account(s) are located, and in accordance with the Electronic Fund Transfer Act as implemented by the Federal Reserve Board’s Regulation E.


Amendments

We may amend or change any of the terms and conditions of this agreement at any time upon at least twenty-one (21) days written notice to you prior to the effective date of any change or amendment. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Service.


Exhibit “A”

First State Bank’s FreedomBanking BillPay Service Authorization
(“Authorization”)

I ACKNOWLEDGE AND UNDERSTAND that my use of First State Bank’s FreedomBanking BillPay Service is governed by all of the terms and conditions of First State Bank’s FreedomBanking Agreement (”First State Bank’s FreedomBanking”) which has been provided or is being provided along with this Authorization.  I acknowledge that I have read First State Bank’s FreedomBanking Agreement and that I have agreed to, and continue to agree to, all of the terms and conditions set forth in such agreement.

I UNDERSTAND that any term which is not specifically defined in this Authorization shall have the same meaning as defined under First State Bank’s FreedomBanking Agreement.

I AUTHORIZE First State Bank (“Bank”) to post payment transactions generated through First State Bank’s FreedomBanking BillPay Service, to the BillPay Funding Account indicated on my BillPay request form submitted electronically through First State Bank’s FreedomBanking BillPay Service.

I UNDERSTAND that if at any time I decide to discontinue First State Bank’s FreedomBanking BillPay Service, I will provide written notification to the Bank in accordance with the terms set forth in First State Bank’s FreedomBanking Agreement.

I UNDERSTAND that payments may take up to five (5) business days to reach the vendor or payee designated by me in my electronic BillPay request and that such payments will be sent either electronically or by check.

I UNDERSTAND that the Bank is not liable for any service fees or late charges levied against me.

I UNDERSTAND that I am responsible for any loss or penalty that I may incur due to the lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.


Exhibit “B”

First State Bank’s FreedomBanking BillPay Services
(“Charge Schedule”)

BillPay Charge Type

BillPay Charge Description

Charge Amount ($)

Initial Enrollment

Initial Setup Charge for BillPay

$2.14

Monthly BillPay Usage Charge

Includes up to ten (10) BillPayment(s) transaction(s) and Bill Presentment for available billers per month

$3.75 per month

Monthly BillPay Usage Charge

BillPayment(s) in excess of ten (10) per month

$0.55 per transaction

Optional Bill Scanning and Presentment

If this option is selected, Customer may forward their paper bill(s) to FreedomBanking BillPay Service Provider for scanning, presentation and storage.

$11.00 per month for 1-10 Items, thereafter each Bill Scan and or Presentment is $1.00 per Item

 

Non-Sufficient Funds (NSF) Changes

A charge will be made against your account(s) for all NSF activities when using BillPay.  This charge is in addition to your NSF charge(s) disclosed to you during your initial account opening

$36.00 per NSF Activity

 

Stop Payment

A Stop Payment Fee will be charged if a Stop Payment is requested for any BillPay item

$36.00 per Stop Payment

Proof of Payment

A charge for requesting Proof of Payment will be applied for each item

$6.00 per Payment request

Retrieval From BillPay Billing Image Archive

Up to twelve (12) months of Bill Payment history is stored online within the BillPay Services.  After twelve (12) months all data is sent to archive.  A charge will be requested for all items retrieved from the BillPay archives

$4.80 Per requested item or occurrence

Optional End of Year Compact Disk (CD)

Once each you may request an entire year’s worth of BillPay Payment activities.  The CD includes all payment(s) and any presented/scanned bill(s) associated with your account.  The software is included to view the data.

$24.00 per annual CD request


If additional BillPay Services are requested from First State Bank’s FreedomBanking BillPay other than these categories of services, the fees will be at First State Bank’s then-current charge(s) for such service categories.

The charges presented in Exhibit “B” above for First State Bank’s FreedomBanking BillPay Services shall be subject to adjustments annually that shall not exceed, on a line item basis, the greater of (i) an annual rate of four percent (4%), or (ii) the change in the Consumer Price Index over the applicable period.