Western Commerce Bank’s Online Agreement, Disclosures Terms & Conditions

Welcome to Western Commerce Bank (WCB) Online! This Online PC Banking Agreement and Disclosure (the “Agreement”) discusses how you can use WCB Online (the “Service”) to obtain information about your accounts, to transfer funds between your accounts, and to request certain other bank services.

If you use WCB Online, you thereby indicate your consent to these terms. You may print a copy of this Agreement for your records now, or you can refer to this document in the Online Help section later at your convenience.

SECURITY & PROTECTING YOUR ACCOUNT

WCB is strongly committed to protecting the security and confidentiality of our customer account information. WCB uses state-of-the-art technology in the development of its Online PC Banking service to ensure this security. We use several different methods to protect your account information:

You can only access WCB Online with certain browsers that have a high security standard.

Your account numbers are not displayed in full – only the last 4 digits can be viewed.

You must have a valid Access ID and Password to log on.
If no action is taken for 10 minutes, you will be automatically logged off WCB Online.

Your responsibility:
You agree:

Not to give out your identifying information such as your PC Password to any other person. The bank may rely on your Access ID to identify you when providing banking services to you.

Never to leave your account information displayed in an area accessible by
others.

Never to leave your PC unattended while using WCB Online.

To always exit the system by clicking on EXIT after using WCB Online.

To notify WCB at 1-800-922-9028 immediately if you suspect that your Access ID or Password has become known to any unauthorized person.

MAILBANK ONLINE E-MAIL COMMUNICATONS

Electronic messages sent and received via the “Contact Us” option in WCB Online (i.e., once your Access ID and Password have been accepted by WCB and your browser shows that a secure connection has been established) are secure. Communications sent over the public Internet are not necessarily secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential account information unless using the contact us electronic communication option provided in our mail tool bar. You agree that we may take a reasonable time to act on any e-mail. Correspondence that requires expeditious handling – for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to immediately stop payment on a check you have issued, should be made by calling the Bank. You agree that WCB may send you electronic messages about other products or services we offer.

FUNDS TRANSFER SERVICE

If you are a consumer, and you have an Access ID and Password from us, you will be able to transfer funds between your WCB accounts, as well as between your WCB accounts and accounts outside of WCB. If you do not want to have the ability to transfer funds between accounts using WCB Online, or if you want to restrict the accounts from which you can transfer funds using your Access ID and Password, call us at 1-800-922-9028, and we will make the necessary adjustments to this service for you.

Commercial customers must have an Access ID linked to account with at least a Funds Transfer activity level to be able to transfer funds between accounts.

The terms that apply to the Funds Transfer Service are set forth more fully below.

ONLINE PC BANKING FUNDS TRANSFER PROVISIONS

As a WCB Online customer, you can make immediate transfers between your WCB deposit accounts over the Internet. All such transfers are subject to the terms of these Online PC Banking Funds Transfer Provisions (the “Transfer Provisions”). You can also use WCB Online to transfer funds between certain Home Equity Credit Line accounts (HECL) and your deposit accounts. By using the Funds Transfer Service (the “Service”), you agree to these Transfer Provisions.

1. GENERAL INFORMATION

A. Meaning of Terms:

As used in the Transfer Provisions, the following words have the meanings given below.
“You” and “your(s)” refer to each person (including any business) who applies to use the Service, and each person who uses the Service with the permission of an applicant.
“Business Day” means Monday through Friday, except banking holidays.

B. Authorization To Change Accounts.
You are responsible for all transfers you or your authorized representative make using the Service. You authorize us to debit your designated account(s) for any transactions accomplished through the use of the service (including the transfer of funds from another deposit account or overdraft line of credit that provides overdraft protection, if you have one of those services in effect).

You agree that we may comply with transfer instructions entered by any one person using an authorized Access ID and Password, notwithstanding any provision that may be contained in other account documentation purporting to require more than one signature to withdraw funds from the account.

If you permit another person to use WCB Online or give them your Access ID or Password, you are responsible for transfers, payments or advances that person makes from the deposit and credit accounts linked to your Service registration even if that person exceeds your authorization.

C. Schedule of Fees For the Funds Transfer Service:

Refer to your original account disclosure for fees pertaining to the number of transfers and withdrawals allowed on each different type of account.

2. ONLINE PC BANKING FUNDS TRANSFER SERVICE PARTICULARS.

A. Types of Transfers; Posting.

You can transfer funds between your Checking and Savings accounts using WCB Online. All such transfers are effective when you complete the transaction online, and will post to the appropriate account based on normal bank processing.

You can also transfer funds between your deposit accounts and certain HECL accounts using WCB Online. Transfers to a HECL account will not be reflected in your HECL account until the business day following the day on which you complete the transaction. You cannot transfer funds between HECL accounts using the Service.

B. Limits On Transactions.

There is a maximum dollar limit on any transfer equal to the available balance in your account.

C. Availability.

Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction.

D. Restrictions On Transfers From Savings and Money Market Accounts.

Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may make no more than six transfers or withdrawals out of such an account per monthly statement cycle (not counting transactions made at ATMs or at banking centers). Transfers made by telephone, personal computer or funds automatically transferred from a savings or money market account to another deposit account are counted toward the six total permitted monthly transfers or withdrawals. If you exceed the restrictions there will be a fee assessed according to the account agreement. On Regular Savings accounts, we charge a fee for each withdrawal or transfer in excess of three per month. The amount of these fees and the minimum balances necessary to avoid these fees, where applicable, are set forth in the Schedule of Fees of your deposit account agreement.

E. Insufficient Funds to Complete Transfer.
If your account does not have sufficient funds to complete a transfer as of the date the transfer is scheduled to be made, the transfer may not be completed, but if we do complete the transfer as an accommodation to you, you are responsible for any overdraft created, and fees assessed.

F. Correcting or Canceling Your Transfer.

You cannot cancel your transfer after it has been entered in WCB Online and the information transmitted to us. You can correct information about a transfer before you send us the information, and you can use WCB Online to create a new transaction or to reverse a transaction after it has been entered.

G. Documentation and Verification of transfers.

The date and amount of transfers made through WCB Online will be shown on the Transaction history screen of WCB Online, and will also be shown on your printed statements for the accounts from which and to which the transfer is made.

H. Address and Telephone Number For Notification Of Unauthorized Use.

If you believe your Access ID or password has become known by an unauthorized person, or that someone has transferred money without your permission, call WCB immediately at: 1-800-922-9028, or write to Western Commerce Bank, 127 S. Canyon St. PO Box 1358, Carlsbad, NM 88221. If you suggest that an unauthorized transfer may have occurred, we may require you to sign an affidavit.

Also contact us with any other questions or problems that you may have regarding the service, including:

You have a problem with a transfer you authorized, or your statement reflects a transfer you think is in error.

You need to obtain documentation concerning a transfer previously issued from your account.

I. Disclosure Of Account Information.

We may disclose information to third parties about your account or the payments or transfers you make:

When necessary for verifying or completing payments or transfers, or to resolve a problem related to a payment or transfer;

To verify the existence and status of your account for a third party such as credit bureau or merchant;

At the Bank’s discretion, to any of our subsidiaries or affiliates;

If you give us your written (including electronic message) permission; or

As otherwise permitted or required in the Bank’s Deposit Agreement and Disclosures or other applicable agreements, or by law or government regulations.

3. ADDITIONAL PROVISIONS APPLICABLE ONLY TO BUSINESS ACCOUNTS.

When you transfer funds using WCB Online in connection with business accounts, the information in this Section 4 applies.

A. Enrollment Form and Certification Of Authority.

Before using the Service, you must execute and deliver to us an Access Identifier Enrollment Form, which includes a Certification of Authority. This enrollment from is incorporated by reference as part of this Agreement. Only a person whose Access ID has a “Financial Transaction” or “Bill Payment” activity level may sign up for the WCB Online Funds Transfer Service.

B. Protecting Your Access ID and Password.

You agree that we may send confidential mailings, including Access ID and Password confirmations, to the current address shown in our records for your primary checking account, whether or not that address includes a designation for delivery to the attention of any particular individual; and you further agree that WCB will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business.

You agree to:
1.) Keep your Access ID and Password secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s).

2.) Instruct each person to whom you give your Access ID and Password that he or she is not to disclose them to any unauthorized person;
a. Immediately notify us and select a new Access ID and Password if you believe an unauthorized person may know your confidential codes.

3.) The Bank shall have no liability to you for any unauthorized payment or transfer made using your Access ID and Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your Access ID and password, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner.

C. Your Obligation to Examine Records and Report Discrepancies.

The Bank provides no separate written confirmation of individual payments or transfers . Confirmation is provided through online information available from the Service and through your periodic mailed account statements. You agree to examine your statement promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing online information. In no event shall the bank be liable for interest compensation as described below, unless we are notified of a discrepancy.

D. Acknowledgment of Commercially Reasonable Security Procedures.

By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice).

Limitation of Bank’s Liability.

If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized sue as described above, unless otherwise required by law our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year.

Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages.

4. MISCELLANEOUS PROVISIONS RELATED AGREEMENTS

Your WCB accounts accessed by WCB Online continue to be governed by the following WCB agreements and documents, as they are amended from time to time:

(1) Deposit Agreement and Disclosures,
(2) The applicable Personal or Business Schedule of Fees,
(3) The applicable Miscellaneous Fees for Personal or Business Accounts.
(4) If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of inconsistency.

OUR ABILITY TO TERMINATE SERVICES

You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing.

We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring.

WCB reserves the right to terminate your access to the WCB Online Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

AMENDMENT

We can amend this Agreement upon notice to you, which you agree may be sent by e-mail. Any notice will be effective not later than ten (10) days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time.

NEW SERVICES

We may, from time to time, introduce new services that are part of WCB Online. We will update this Agreement to notify you of these new services. By using WCB Online after those new services become available, you agree to be bound by the terms contained in the revised agreement.

VIRUS PROTECTION

You agree that WCB is not responsible for any electronic virus that you may encounter using WCB Online. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or un-repaired, a virus may corrupt and destroy your programs, files and even your hardware.

OUR LIABILITY

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that Western Commerce Bank (WCB) nor any of its subsidiaries or affiliates (collectively, “WCB”) nor any third party services connected with WCB Online shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the WCB Online Service, whether caused by the equipment, software, Internet browser providers such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Internet Explorer browser), Internet access providers or on-line service providers or an agent or subcontractor of any of the foregoing. Nor shall WCB or any third party service providers engaged by WCB be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, WCB Online or Internet browser or access software, or from the unavailability of WCB Online or for any errors in information provided through that service.

CHARGES AND FEES

Customer Service requests for which you may be charged by WCB include: ordering copies of checks, copies of statements or other requests made through the “Send a Request” option. These service requests are subject to WCB’s normal service charges that were disclosed at account opening and in any subsequent editions of or amendments to your Schedule of Fees brochure. Please refer to the latest version of your Schedule of Fees & Disclosure document and any applicable amendments.

Transfers of funds using WCB Online are free except as follows. If you have an account that limits the number of transactions that you are allowed during a monthly statement cycle a fee may be assessed. Transfers through WCB Online are counted and if you exceed the total number of authorized transactions for those accounts, your account will be charged as stated in your initial account disclosure of fees and charges. You will need to refer to the account type for the appropriate fee.

ENTIRE AGREEMENT

This agreement, as it may be amended from time to time, and if you are a business customer, you’re Access ID. Agreement and Disclosure and the Access Identifier Enrollment Form, contain the entire understanding between you and WCB concerning the WCB Online service, and supersede any verbal conversations, other communications, and previous agreements, if any.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS

Your registration for WCB online confirms:
(1) Your agreement to be bound by all the terms and conditions of this Agreement; and
(2) Your acknowledgement that you received and understand the terms of this Agreement