|Mobile Banking Service Agreement - Terms and Conditions|
Mobile Banking Service Agreement
General Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS MOBILE BANKING SERVICE APPLICATION.
BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY THE FIRST NATIONAL BANK OF NEW MEXICO FROM TIME-TO-TIME AND POSTED ON THIS SERVICE.
No Warranties. Although The First National Bank of New Mexico attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the SERVICE, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS AND WITH ALL FAULTS. USE OF THE SERVICE AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, THE FIRST NATIONAL BANK OF NEW MEXICO ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY.
Finally without limitation as to the foregoing, in regard to Limitation of Liability. IN NO EVENT WILL THE FIRST NATIONAL BANK OF NEW MEXICO OR ITS, AFFILIATES, AGENTS, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS,EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF THE FIRST NATIONAL BANK OF NEW MEXICO IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Use of SERVICE. Contents are included in this SERVICE solely for the personal use of SERVICE users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this SERVICE without the prior written consent of THE FIRST NATIONAL BANK OF NEW MEXICO, which may be withheld in its sole discretion.
Copyrights and Other Intellectual Property. Except where otherwise expressly noted or as noted below, all Contents of this SERVICE, including the graphics, icons and overall appearance of the SERVICE, are the sole and exclusive property of The FIRST NATIONAL BANK OF NEW MEXICO and/or its affiliates. Certain of THE FIRST NATIONAL BANK OF NEW MEXICO’s trademarks and/or servicemarks are also listed below. The posting of the Contents of this SERVICE neither constitutes a waiver of any of The First National Bank of New Mexico’s proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the SERVICE user or to any third party. Contents of this SERVICE are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the SERVICE.
FNBofNM.com is a trademark of The First National Bank of New Mexico
The display of third party trademarks within this SERVICE does not grant a license of any kind to the reader. Any downloading of material contained in the site, or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this SERVICE or any SERVICE linked to this SERVICE may be a violation of federal and other trademark laws and federal copyright laws.
Links to Other SERVICEs. The First National Bank of New Mexico may establish links between this SERVICE and one or more SERVICEs operated by third parties. The First National Bank of New Mexico has no control over any such other SERVICEs or the contents therein. The existence of any such links shall not constitute an endorsement by The First National Bank of New Mexico of such SERVICEs, the contents of the SERVICEs, or the operators of the SERVICEs.
Transmissions to and from this SERVICE. Except where expressly indicated otherwise, transmissions to and from this SERVICE or directed to The First National Bank of New Mexico, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at The First National Bank of New Mexico. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-575-374-2261 or write us instead at this address: The First National Bank of New Mexico, PO Box 548, Clayton, NM 88415 Attention: Mobile Banking Customer Service. Any transmission to this SERVICE, including E-mails shall be deemed and remain the property of The First National Bank of New Mexico. The First National Bank of New Mexico shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a SERVICE user to The First National Bank of New Mexico through this SERVICE.
Modifications. The First National Bank of New Mexico may at any time make modifications, changes, and alterations to the Contents of this SERVICE, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this SERVICE following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Governing law. These Terms and Conditions shall be governed by and construed in accordance with the law of the state of New Mexico, without regard to the conflict of laws thereof, and to the laws of the United States.
Venue. Disputes arising from or relating to the use of this SERVICE shall be exclusively litigated in the venue of the district court of Union County, State of New Mexico, except when the matter is required to be litigated in federal court and then venue shall be exclusively in the United States District Court for the District of New Mexico.
Severability. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
Waiver. No waiver by The First National Bank of New Mexico of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
Service Contact. You may contact The First National Bank of New Mexico by E-mail link or by phone Customer Service – 1-575-374-2261
Customer Specific General Terms and Conditions
What Does This Agreement Cover
This Agreement between you and The First National Bank of New Mexico governs the use of Mobile Banking services. These services permit The First National Bank of New Mexico customer (consumers, sole proprietors and other business customer) to perform a number of banking functions on accounts linked to the service through the use of a mobile device or mobile smart telephone, including some credit card accounts and investment accounts with our affiliates. Unless indicated otherwise by the context, "linked The First National Bank of New Mexico accounts" or "linked accounts" refers to all of your accounts with The First National Bank of New Mexico or its affiliates that you have linked to Mobile Banking solution.
Accepting the Agreement
When you use any of the Mobile Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement including any amendments in effect at the time of use.
Relation to Other Agreements
Your use of Mobile Banking services may also be affected by the agreements between us for your linked FNBofNM accounts. When you link an account to Mobile Banking services, you do not change the agreements you already have with us for that account. Similarly, when you use Mobile Banking services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Mobile Banking services.
Mobile Banking Services
Mobile Banking for Consumers and Businesses
You may use Mobile Banking to:
View current balance information for your linked FNBofNM accounts.
Review available transactions for your linked accounts.
View branch locations.
View contact telephone numbers and additional contact details.
View account alerts and notifications.
View public information such as ‘about us’ and contact information.
Perform basic services such as changing your Mobile ID and Mobile passcode, personalizing the mobile smart application and changing the language within the smart application.
Send us secure mobile mail messages and questions regarding your Mobile Banking service.
Transfer funds between your linked internal FNBofNM accounts on either a one-time or recurring basis, including as a payment to a linked installment loan or mortgage.
Pay bills and external payees as defined by the capabilities of the mobile bill pay services.
Some of the above services may not be available for certain accounts or customer/members.
Description of Mobile Banking Services
Internal Account Transfers
THE SPECIFIC CAPABILITIES FOR THE FIRST NATIONAL BANK OF NEW MEXICO NEED TO BE DEFINED BASED ON THEIR INTERNAL TRANSFER CAPABILITIES. BELOW IS A GENERIC DESCRIPITON OF TRANSFER SERVICES
Processing of Transfer Requests
Transfers can be made in 2 ways, on a 1-time basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfer from a checking to a savings account which occurs every 2 weeks.
One-time immediate transfers can be made from a linked FNBofNM checking, savings, money market, to most linked FNBofNM accounts.
Scheduled and recurring transfers can be made from a linked FNBofNM checking, savings, money market, to a linked checking or savings account.
Transfers from a deposit account are immediately reflected in the account's available balance when scheduled at or before 3:00pm (MT).
Scheduled and Recurring Transfers
Transfers scheduled for a weekend or a non-bank business day will be processed on the prior bank business day. All other scheduled and recurring transfers will be processed from the funding account at the beginning of the business day requested.
Transfers to Credit Accounts
Funds transferred as a payment to an installment loan or mortgage account at or before 3:00 p.m. MT will be credited with the date the payment is submitted. Transfer payments submitted after 3:00 p.m. MT will be credited with the next day's date.
Transfers to Deposit Accounts
Transfers to an FNBofNM checking account made at or before 3:00 p.m. as described above on a business day will be included in the balance we use to pay transactions that night. This process may impact when fees apply to your account. Credits can help you avoid overdrafts, returned items and related fees. However, debits may cause you to incur overdrafts, returned items and related fees.
Please note, transfers to any deposit account on a Saturday, Sunday or bank holiday, will appear with our next business day's date in the deposit account transaction history.
All transfers submitted to a deposit account (such as checking, savings, money market) are immediately reflected in the account's available balance.
Limitations and Dollar Amounts for Transfers and Payments
Transfers and Payments made using MOBILE Banking are subject to the following limitations:
Bill payments can be for any amount between $1.00 and $10,000.00.
One-time immediate transfers between linked FNBofNM accounts can be for any amount between $0.01 and $10,000.00.
Scheduled and recurring transfers between linked FNBofNM accounts can be for any amount between $0.01 and $10,000.00.
All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the transfer system.
At the sole discretion of the FNBofNM, we may process any transaction that exceeds any of the above limits.
You are responsible for making alternate transfer arrangements.
Transfer/Payment Authorization and Sufficient Available Funds
You authorize FNBofNM to withdraw, debit or charge the necessary funds from your designated account in order to complete all of your designated transfers and payments.
You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal.
The completion of a transfer or payment is subject to the availability of sufficient funds at the time the transaction is posted. If enough funds to complete the transfer or payment are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge a non-sufficient funds (NSF), returned item, overdraft, or similar fee. Please refer to the applicable account agreement and fee schedule for details. If you schedule a payment from an account maintained at another financial institution and there are insufficient funds in that account, you may be charged a fee by that financial institution.
At our option, we may make a further attempt to issue the payment or process the transfer request.
FNBofNM is under no obligation to inform you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer.
Canceling Transfers and Payments
In order to cancel a payment (including a payment you scheduled from an account maintained at another financial institution), you must sign into Online Banking and follow the directions provided on the Bill Pay screens. The stop feature is found in the Scheduled Payment or Recurring Payments sections of mobile Banking.
You cannot cancel a 1-time immediate transfer after it has been submitted in mobile Banking and the information has been transmitted to us.
Future-dated and recurring transfers can be canceled prior to midnight MT on the bank business day prior to the date the transfer is scheduled to be made. If the transfer's status is In Process or Processed, you can no longer cancel it.
Note: The easiest and most convenient way to cancel a payment or transfer is through the method described above. However, you may request to cancel a scheduled or recurring payment or a future-dated transfer by calling us at: Customer Service – 1-575-374-2261
We must receive your request three (3) bank business days or more before the payment or transfer is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If you call or write to cancel a payment or transfer that is Pending, you will be charged for a stop payment in accordance with the agreement for the appropriate linked account.
Other Terms and Conditions
Monthly Service Charge
Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the mobile Banking service.
In addition to the fees already described in this Agreement, you should note that depending on how you access mobile Banking, you might incur charges for:
Normal account fees and service charges.
Any Internet service provider fees.
Purchase of computer programs such as Personal Financial Management (PFM) software.
Payments or transfers made through mobile Banking services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.
Additionally, fees may be assessed for added self-service features available through mobile Banking customer service, such as stop payment requests, check copy orders and account statement copy orders. For additional information, please see the applicable Deposit Agreement.
An NSF-fee, returned item, overdraft or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in the case of a personal check, on the date when the check is presented to us for payment.
We may charge you a research fee of $50.00 for the first hour and $25.00 for each additional hour for an inquiry about a transaction that may have occurred more than 180 days before the date you make the inquiry. This fee will be waived if we determine that an error solely on our part occurred.
Mobile Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to mobile Banking. Our Customer Service line is available from 8:00 a.m. to 5:00 p.m. MST Monday through Friday, excluding bank holidays. You may also write us at:
The First National Bank of New Mexico
PO Box 548
Clayton, NM 88415
Customer Service – 1-575-374-2261
For Mobile Banking services, our business days are Monday through Friday, excluding bank holidays.
Participation By Payees
Occasionally a Payee may choose not to participate in Bill Pay, or may require additional information before accepting payments. We will work with these Payees to encourage them to accept an electronic or check payment from the Bank. If we are unsuccessful, or if we determine that the Payee cannot process payments in a timely manner, we may decline future payments to this Payee. In the event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through mobile Banking with Bill Pay must be payable in U.S. dollars to a Payee located in the United States. We reserve the right to restrict categories of Payees to whom payments may be made using the service. You should not use the service to make:
Payments to settle securities transactions
Canceling Your Online Banking
If you choose to cancel your Online Banking services, any unprocessed payments will be canceled. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. The First National Bank of New Mexico will cancel any unprocessed scheduled payments at the time we receive your request to discontinue the service. If you close your primary checking account, or if it's no longer linked to your service, your Online Banking service will end, and any unprocessed payments will be canceled. If you cancel your Online Banking services, scheduled transfers will also be canceled.
When your mobile Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service.
Changes to Agreement
We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you initiate any transfer of funds or bill payment through your mobile Banking after the effective date of a change, you are agreeing to the change.
Your Mobile Banking Service remains in effect until it is terminated by you or The First National Bank of New Mexico. You may cancel your service at any time by notifying us of your intent to cancel in writing, through mobile Banking secure mail, or by calling mobile Banking customer service at 1-575-374-2261. This cancellation applies to your mobile Banking services, and does not terminate your FNBofNM deposit or credit accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service.
We may terminate your participation in mobile Banking services for any reason, including inactivity, at any time. Although we may try to notify you in advance, we are not obliged to do so.
Use of External Email Address
With mobile Banking services we may send messages to your external email address and notify you that responses to your payment inquiries or customer service inquiries are available, or as otherwise described within the mobile Banking services. If you subscribe to e-Bills service, we may also use external email to notify you that you have new bills. We cannot act on instructions sent by you from an external email address. You should use mobile Banking secure mail to send instructions to The First National Bank of New Mexico. If, for any reason your external email address changes or becomes disabled, please contact The First National Bank of New Mexico immediately so that we can continue to provide you with automated messages. You may notify us of any changes to your external email address through the Customer Service tab within your Mobile Banking Service.
Transfers From Money Market Deposit Accounts
Federal regulations and the deposit agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers, or mobile Banking transfers or payments from a savings or money market deposit account each monthly statement cycle (each month for savings accounts with a quarterly statement cycle). If checks or debit cards are allowed on the account, no more than three of the six (6) transfers may be made by debit card purchase, check or similar order. If you exceed these limits on more than an occasional basis, we convert your account to another type of account and your account may no longer earn interest.
Each transfer or payment through the mobile Banking services from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each statement period. We recommend that you not use a savings or money market deposit account as your bill payment account because of these limits on transfers. Please review the deposit agreement for your account for more information.
Contact by The First National Bank of New Mexico or Affiliated Parties
No FNBofNM or Payee employee, nor any company affiliated with FNBofNM Mobile Banking Service will contact you via email or phone requesting your mobile ID or mobile passcode or any other personal information. If you are contacted by anyone requesting this information, DO NOT disclose any information and please contact us immediately. Please contact us immediately if you have any reason to believe that your password has been compromised or stolen.
Reporting Unauthorized Transactions
Notify The First National Bank of New Mexico immediately by calling our Customer Service line at 1-575-374-2261 or stop by your local office.
We may disclose information to third parties about you or your transactions in the following instances:
When it's necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment
To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
To comply with a government agency or court orders, or in connection with fraud prevention or an investigation
If you give us your permission
With our affiliates as permitted under Federal and applicable state laws
On a closed account, if we reasonably believe you have mishandled it
We report your mobile Banking transactions on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction will appear on your statement.
Limitation of Liability for Mobile Banking Transactions
Tell us at once if you believe your mobile Banking passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your mobile Banking services could cause you to lose all of your money in your accounts.
You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you (or 90 days if the transaction was from an account maintained at another financial institution). If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period (or 90 day period if the transaction was from an account maintained at another financial institution), if we can show that we could have stopped the transaction if you had notified us in time. If a compelling and unavoidable reason kept you from telling us, we may in our sole discretion extend the time periods but we are not obligated to do so.
When you give someone your mobile Banking ID and passcode, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
For your protection, sign off after every mobile Banking session.
Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your direct monetary transaction loss, but not any indirect, consequential or resulting damages. However, there are some exceptions. For instance, we will not be liable:
If, through no fault of ours, you don't have enough available funds in your account or credit to cover the transaction or transfer
If mobile Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer
If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken
If there are postal delays or processing delays by the Payee
There are other exceptions not specifically mentioned as provided by law, statutes, regulations, policies and procedures, all of which are a part of this Agreement.