FSWB-ONLINE SERVICES AGREEMENT (including FSWB-Billpay)

AGREEMENT AND DISCLOSURES
Before using our FSWB-Online services, you must consent to receive disclosures electronically, either online or via E-Mail, and read and agree to the FSWB-Online Services Agreement located below.

Your consent to receive disclosures electronically will cover all FSWB-Online services you subscribe to and all FSWB-Online transactions you conduct, for as long as you remain a subscriber to the Bank's FSWB-Online services. These services and transactions will include all of the services described in the FSWB-Online Services Agreement set forth below, and to Bill Pay, Account Transfers and any other FSWB-Online services you agree to by separate agreement. You may withdraw your consent to receive disclosures electronically by notifying us at 1-866-641-3792, in which case your FSWB-Online Services Agreement will be terminated and you will not be able to conduct FSWB-Online transactions.

In order to subscribe to the Bank's FSWB-Online services and receive disclosures electronically, you must use a commonly accepted and recent version of a compliant Internet browser that supports 128-bit SSL encryption. If your computer does not have one of these browsers, please download the latest version of Microsoft Internet Explorer, Mozilla Firefox, or Google Chrome.

In order to keep notices and disclosures sent to you electronically, you must have the ability to print or save them to your computer. If you do not have a printer capable of printing E-mails or webpages, click here for instructions on how to save the disclosures.

Through FSWB-Online services, we provide disclosures electronically. Many of those disclosures will also appear in your account statement. If you would like a paper copy of any electronic disclosure, you may request one by calling our Account Services Department at 1-866-641-3792. There will be no additional charge for paper copies of disclosures.

By accepting and agreeing to the FSWB-Online Services Agreement below, you consent to receive disclosures as outlined above.

1. FSWB-ONLINE SERVICES AGREEMENT
This FSWB-Online Services Agreement (this "Agreement") explains the terms and conditions governing your use of our FSWB-Online Services. The terms "our," "we," "us," and "Bank," refer to First Southwest Bank. The terms "you" and "your" refer to the Personal Customer or the Business Customer entering into this Agreement for FSWB-Online Services. Definitions for other capitalized terms used herein can be found at the end of this Agreement.

2. AVAILABLE FSWB-ONLINE SERVICES
With FSWB-Online Services, you may enroll your loan and deposit accounts as Eligible Accounts and may then access those Eligible Accounts to obtain balances, transaction history and other information. You may also conduct the types of transfers described under "TRANSFERS" below.

You may also use FSWB-BILLPAY, FSWB-APP and certain other electronic banking services by agreeing to separate agreements for those services. The Bank may, from time to time, offer and introduce new electronic banking services, and will notify you of the existence of these new products and services. All of these current and future services will be governed by the terms of this Agreement.

3. PROTECTING YOUR ACCOUNT

A. Preventing Misuse

Protect Your Password - Your Password is used to gain access to the FSWB-Online Services and should be kept confidential at all times. For your protection, we recommend that you change your Password regularly. It is recommended that you memorize this Password and do not write it down. You are responsible for keeping your Password, account numbers and other account data confidential.

B. Your Liability for Unauthorized Transfers

If you believe your Login ID, your Password, your ATM Personal Identification Number, or any other approved access devices have been lost or stolen, or that someone has transferred or may transfer funds from your Bank account without your authorization, contact us AT ONCE at 1-866-641-3792. For a complete description of your and the Bank's responsibilities and liability with respect to unauthorized transactions, review the appropriate sections of the Bank's Deposit Agreement Terms and Conditions.

C. In Case of Errors or Questions About Your Account

Please contact our Account Services Department at 1-866-641-3792 in regards to errors or questions about your transfers. Refer to the section in the Bank's Deposit Agreement that outlines how errors and questions on electronic funds transfers are processed.

To contact us by mail:

First Southwest Bank
FSWB-Online Support
P.O. Box 1139
Alamosa, CO 81101

4. ACCESSING YOUR FIRST SOUTHWEST BANK ACCOUNTS

A. Requirements
You may access an Eligible Account through our website at www.fswb.com. To access your Eligible Account(s) through the Internet, you must have an established Internet E-mail address and an appropriate Internet secure browser installed.

B. Electronic Mail
Sending E-mail is one way to communicate with the Bank. You may use E-mail to ask general questions and to provide feedback to the Bank. However, you cannot use E-mail to initiate transactions on your Eligible Account(s). DO NOT include any personal, non-public, or sensitive information in your e-mail communications, such as account numbers, passwords or social security numbers.

C. New Services
First Southwest Bank may, from time to time, offer and introduce new Internet services. The Bank will notify you of the existence of these new products and services. By using these services when they become available, you agree to be bound by the rules, which will be communicated to you, concerning these services.

D. Fees
There are no fees for accessing your account(s) through the Internet. However, fees, as described in the applicable product or Account Disclosure and Fee Schedule, may apply to services ordered online and to transfers from a credit account.

Please note that fees may be assessed by your Internet Service Provider (ISP).

5. TRANSFERS

A. Types of Transfers Allowed
Within the Transfer area of the Website, you can transfer funds between your Savings and Deposit accounts and from Savings and Deposit accounts to some applicable loan accounts.

Internal Payments will be credited to the designated Loan Account as a regular payment. Please refer to your Loan Account’s agreement(s) for information on how regular payments are applied. For some Loan Accounts you may be permitted to make principal-only payments. (Which Loan Accounts will accept principal-only Internal Payments is subject to change from time to time without prior notice and will be reflected in the features available each time you log in to FSWB-Online.) Principal-only payments will not satisfy scheduled payment due requirements. Prior to making a payment to payoff a Loan Account, please contact our Account Services Department to obtain the payoff amount. We cannot guarantee that estimated payoffs will satisfy the loan terms.

B. Availability of Funds and Cut-Off Times
Our Business Days are Monday through Friday, except for federal and state legal holidays.

Internal Transfers and Internal Payments entered before the daily cut-off time, which is 5:00 p.m. Mountain Time on any Business Day, will be processed on that day, and available balances in your Deposit Account(s) will be adjusted immediately and available for subsequent (a) ATM transactions, (b) Debit Card transactions, (c) withdrawals at the branch teller, and (d) payment of checks or other debits as applicable to your Deposit Account(s).

Internal Transfers, Internal Payments and entered after the daily cut-off time, or not on a Business Day, will be posted to your Eligible Accounts the next Business Day. However, available balances in your Deposit Account(s) are adjusted immediately and available for subsequent (a) ATM transactions and (b) PIN-based Debit Card transactions.

C. Canceling an Internal Transfer or Internal Payment
You may schedule one-time and recurring Internal Transfers and Internal Payments. You may cancel any one-time or recurring Internal Transfer, Internal Payment or Internal Advance if you do so within one day prior to the scheduled transaction processing date. Scheduled one-time and recurring Internal Transfers or Internal Payments can only be canceled by placing a request through the Website, or by calling the Account Services Department at 1-866-641-3792. You may NOT cancel any immediate Internal Transfer, immediate Internal Payment, or Internal Advance. (An “immediate” transaction is one that you schedule to be made immediately at the time of your instruction.)

D. Insufficient Funds
If your Eligible Account has insufficient funds to complete all of the day's transactions (including ATM withdrawals, preauthorized transactions, Internal Transfers, Internal Payments, and bill payments, etc.) that will process for a given business day, then certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority. If an Internal Transfer or Internal Payment would result in an overdraft of your Eligible Account, the Bank may, in its sole discretion, honor the transaction and create the overdraft, or cancel the transaction.

In addition, you will be charged any overdraft fees that apply to your accounts, based on the prevailing fee on the date of the transaction.

6. ALERTS
The alerts service allows you to request E-mail messages notifying you of events and information of interest to you. We will deliver the alerts messages that you have requested to your secure mailbox within the Website, and, if you choose, to any E-mail address you designate.

We may from time to time include in alerts messages information about new products and services. Your receipt of information about any products or services is not a guarantee that you qualify for the products or services described. In order to obtain any of the products or services, it is necessary that you qualify in accordance with the terms of any particular product or service.

If you elect to have alerts delivered via E-mail, they will be delivered unencrypted. There are risks to unencrypted E-mail. In alerts delivered via E-mail, we will send information about your accounts to the E-mail address you select. You may assign a "nickname" to each of your Eligible Accounts. You should not use the account number as the nickname. If you choose to receive account-specific messages, your actual balance and transaction information may appear in your alerts E-mail messages. Unencrypted E-mail sent via the Internet is potentially vulnerable to unauthorized persons. The Bank makes no assurances that unauthorized person(s) will not be able to gain access to this information. By agreeing to accept alerts E-mail messages, you agree to hold harmless the Bank, its affiliates, and their respective directors, officers and employees should any alerts E-mail message be read by any unauthorized person.

7. DOWNLOAD
Through the Website, you may access and download account information from your Eligible Accounts using personal banking software. You are responsible for obtaining and maintaining such personal banking software, and the Bank shall not be liable for incorrect information or misapplication of information resulting from the downloading process or the use of such personal banking software. Fees, as described in the applicable product or Account Disclosure and Fee Schedule, may apply. Please note that fees may be assessed by your Internet Service Provider (ISP).

8. STOP PAYMENT
You may stop payment on a single check or a range of checks through the Website. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee.

You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item.

Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).

9. FEES
There are no fees for accessing your Eligible Accounts or for making Internal Transfers or Internal Payments as provided in this Agreement. However, fees may be assessed (a) as described in the applicable product or account disclosure statement or fee schedule (including applicable transfer fees), or (b) for products and services purchased online.

Please note that fees may be assessed by your Internet service provider. In addition, you will be responsible for any telephone charges incurred for accessing your accounts through FSWB-Online Services.

10. DOCUMENTATION
Details of your transfers will be available online through the FSWB-Online Services and listed on your regular account statements.

11. GENERAL

A. Our Liability
Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that the Bank shall not be responsible for any loss, whether caused by the Bank, by equipment or software, by Internet service providers, or by any agent or subcontractor of any of the foregoing. The Bank shall not 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 equipment or software. The FSWB-Online Services are provided “as is”, and we do not make any warranties of any kind, either express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.

B. Changes to Fees or Other Terms
We reserve the right to change the fees for FSWB-Online Services, or otherwise modify and amend the FSWB-Online Services as described in this Agreement, at any time. We will notify you online, or send a notice to you at the address shown on our records, or send you an E-mail notice, of any changes, modifications or amendments by (a) sending a notice to you at the address shown on our records, (b) sending you an E-mail notice, or (c) notifying you online by the alerts, securing messaging or other electronic message capability within FSWB-Online Services, which notice shall be deemed given when sent or made available online, regardless of when you retrieve the notice.

All notices regarding changes in fees will be provided at least thirty (30) days in advance of the effective date of the change, notices of all other modifications or amendments will be provided at least thirty (30) days in advance, unless an immediate change is necessary to maintain the security of the system. If an immediate change is made, and it cannot be disclosed prior to the change without jeopardizing the security of the system, we will provide you with notice within thirty (30) days after the change. As always, you may choose to accept, or decline the changes. By continuing to use the FSWB-Online Services to which any notice relates, you are accepting the changes. Changes to fees applicable to specific Eligible Accounts are governed by the applicable Account Agreement(s).

C. Termination
The Bank reserves the right to terminate this Agreement and your access to FSWB-Online Services in whole or in part, at any time without prior notice. If you do not access any of your Eligible Accounts via FSWB-Online Services for any consecutive ninety-day (90) period, all of your FSWB-Online Services (including without limitation alerts) may be disconnected without notice. Those provisions of this Agreement which, by their nature, are intended to survive the termination of this Agreement shall survive such termination.

D. Payment Account
You may be asked to designate a payment account for selected services (such as Bill Pay). You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize the Bank to charge the account that you have designated as the payment account. If you close the payment account, you must notify the Bank and identify a new payment account for the selected services.

E. Equipment Necessities
You are solely responsible for obtaining all hardware, telecommunications equipment, and software that is required to use FSWB-Online Services.

F. Hold Harmless and Indemnification
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account you waive any claim against the bank and agree to indemnify and hold us, our directors, officers, employees, affiliates, and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with the performance of the FSWB-Online Services. This indemnification is provided without regard to whether our claim for indemnification is due to the use of FSWB-Online Services by you or your authorized representative.

G. Limitations on Warranties and Damages
The Bank makes the FSWB-Online Services available without any warranty of any kind whatsoever, including fitness for any particular purpose. The Bank does not guarantee uninterrupted, secure, or error free operation of FSWB-Online Services. Without limiting the generality of the foregoing, the Bank does not provide and specifically disclaims any warranty that any alerts messages will be delivered at the times requested or that the information contained is accurate. The Bank obtains the information contained in the alerts service from sources which the Bank considers reliable but does not warrant the accuracy of any such information. In no event shall the Bank be liable for lost profits or special incidental or consequential damages arising out of or in connection with FSWB-Online Services, even if you have given us prior notice of the possibility of such damages.

H. Governing Law
This Agreement will be governed by and interpreted in accordance with Federal law and regulations, and by the laws of the State of Colorado.

I. Contents of Agreement
This Agreement is in addition to the Account Agreement(s) governing your Eligible Accounts. This Agreement, together with the Account Agreement(s), constitutes the complete and entire agreement between you and the Bank, relating to the subject matter of this Agreement. If there is a conflict between this Agreement and the Account Agreement(s), the terms of this Agreement shall control.

J. Resolving Disputes
Disputes regarding FSWB-Online Services will be resolved by the dispute resolution provisions in the Account Agreement(s), as amended from time to time.

K. Definitions
The following terms shall have the meanings indicated:

Account Agreement: All agreements and disclosures specifically governing your Deposit Accounts or Loan Accounts, including without limitation the Deposit Agreement and any applicable applications, fee brochures, disclosure statements, promissory notes, and loan agreements.
Business Day: Each day, Monday through Friday, excluding federal and state of Colorado legal holidays.
Business Customer: Any (a) corporation, partnership, Limited Liability Company or other corporate entity, or (b) any trust or individual(s) that have enrolled deposit or loan accounts for FSWB-Online Services under the Bank's procedures for business accounts.
Deposit Account: Any of your checking, savings or other deposit accounts with the Bank that you have enrolled as an Eligible Account.
Deposit Agreement: The Bank's standard agreement governing deposit accounts, as it may be amended from time to time.
Eligible Account: Any of your deposit or loan accounts with the Bank that you have enrolled, in accordance with the Bank's procedures, to make such accounts accessible through FSWB-Online Services. Some types of deposit and loan accounts cannot be enrolled. Which types of accounts that can be enrolled is subject to change from time to time without prior notice. Such changes will be reflected in the features available each time you log in to FSWB-Online.
E-mail: Electronic mail delivered through the Internet.
Internal Advance: Any transfer from a Loan Account to a Deposit Account as provided under “TRANSFERS” above.
FSWB-Online Services: The Bank's electronic banking services described in this Agreement, including without limitation Bill Pay, External Account Transfers and other electronic banking services that may in the future be offered by the Bank, either under this Agreement or under a separate agreement that refers to this Agreement. For the purposes of this Agreement, FSWB-BIZOnline is included in the term FSWB-Online Services.
Internal Payment: Any transfer from a Deposit Account to a Loan Account as provided under “TRANSFERS” above. Payments made by other methods-such as payments at a branch, mailed payments, and payments through Bill Pay are not considered Internal Payments.
Internal Transfer: Any transfer of funds from any of your Deposit Accounts to (a) any of your Deposit Accounts, or (b) any account of another person at the Bank, as provided under “TRANSFERS” above.
Loan Account: Any of your overdraft protection accounts (e.g., Check Reserve accounts), credit card accounts or other loans with the Bank that you have enrolled as an Eligible Account.
Password: Any password that the Bank provides or you establish for access to the Website, or for access to, or authentication or approval of, any specific FSWB-Online Services or online transaction(s).
Personal Customer: One or more individuals (or a trust) who own deposit accounts and/or loan accounts at the Bank and are not a “Business Customer” as defined above.
Website: The Bank's current or future Internet Website, and all related web pages, for offering FSWB-Online Services, enrolling Eligible Accounts and/or performing, authorizing or canceling any specific FSWB-Online Service transaction. The current Website is located at www.fswb.com.

Terms and Conditions of the Bill Pay Service

YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU USE THIS SERVICE. YOU MAY NOT ACCESS OR USE THE SERVICE WITHOUT FIRST ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS.

Term definitions

When used in this Agreement, the following terms have the following meanings:

Actual Due Date: The date on which a bill payment is due, as reflected on your Payee bill or statement. It is not the late date or grace period date.

Agreement: These Terms and Conditions.

Biller: A provider of a billing statement that you have requested to receive electronically through the Service.

Business Day: Monday through Friday, excluding State and Federal Reserve holidays.

Direct Check: A check that we draw against your checking account for a bill payment, payable to your Payee, and signed by us on your behalf.

Due Date: The date you enter in the system as the date you want your Payee to receive your bill payment.

Electronic Payment: A charge to your Funding Account for a bill payment, for credit to your Payee, that we make electronically, including without limitation by means of the Automated Clearing House (ACH) system.

Funding Account: The checking account to which your bill payments will be charged.

Payee: The person or entity to which you wish a bill payment to be directed.

Payment Instruction: The information you provide to us for a bill payment to be made to a Payee (such as, but not limited to, Payee name, and Payee account number, Processing Date or Due Date).

Processing Date: The date on which a bill payment begins processing.

Provider: Any third party we use to provide the Service to you.

Scheduled Payment: A bill payment that has been scheduled through the Service but has not begun processing.

Service: The bill payment and presentment services described in this Agreement, which is made available and provided by First Southwest Bank (“First Southwest Bank,” “we,” “us,” or “our”).

Service Website: https://www.fswb.com

This FSWB BILLPAY SERVICE AGREEMENT (“Agreement”) governs the online FSWB-BILLPAY Service (the “Service”) that First Southwest Bank (“we” or “us”) makes available to its customers (“you”) who have already enrolled in either our personal (consumer) online banking service or our business online banking service. To use the Service’s features, you must also enroll in the Service itself by accepting this Agreement. This Agreement is an Addendum to your online banking services agreement. In regard to the Service, this Agreement governs over any conflicting terms in your online banking services agreement.

Consent to Electronic Disclosures

For certain consumer transactions, we are required to disclose certain information in writing. With prior consent, however, we may instead provide that information electronically. We also need general consent to use electronic records for certain transactions in providing the Service to consumers and business customers.

By accepting this Agreement, you hereby: (a) consent to receiving notices and other information (including this Agreement and disclosures that are otherwise required to be provided in writing, and (b) consent to using electronic records and communications to you in connection with the Service. We require that consent and confirmation as a condition of providing the Service to you. Your consent extends to each account that you now or hereafter enroll in the Service. You may at any time withdraw your consent to electronic delivery instead of paper by calling Customer Service at 866-641-3792, but we may then terminate your ongoing use of this Service (and not process any previously-scheduled future payments).

Using this Service requires that you have internet access, maintain and provide us with your valid email address, and use a commonly accepted and recent version of an HTML 4.0 compliant internet browser that supports 128-bit SSL encryption. You hereby confirm to us that you have verified your hardware, software and ability to view, and to print or electronically save, such electronic notices and disclosures (including emails and PDF documents). If you do not consent, do not have the ability to print or save notices and disclosures, or do not have the required internet browser, you must not enroll in the Service.

Permissible electronic delivery includes (i) by email to any address you have provided for use with this Service, including PDF documents attached to email, (ii) by display on your screen during your online Service activity, (iii) by message printed on the periodic statement for your Payment Account if you have agreed to receive that statement electronically, or (iv) any other electronic means that you have authorized or hereafter authorize pursuant to your online banking services agreement. Electronic disclosures include, without limitation, prior notice to you of preauthorized debits that vary in amount to your enrolled accounts. You are responsible for advising us of any change in the email and other electronic addresses you use for this Service. Changes to your Bill Pay email address can be made online by accessing the “Options” section of our online banking site, or by calling Customer Service at 866-641-3792.

We do not charge for electronic delivery. You may request a paper copy of an individual prior electronic notice or disclosure for no charge by calling the above Customer Service number. We may in our discretion instead send documents to you by any other electronic method to which you have separately agreed, or in paper form.

You should print or save a copy of the foregoing Consent and the following Agreement for your records. If you do not agree to all of the above terms concerning electronic delivery of disclosures and notices, then do not accept this Agreement.

Service Use

You may use First Southwest Bank bill paying service, FSWB-Billpay, to direct First Southwest Bank make payments from your designated checking account to the “Payees” you choose in accordance with this agreement. You may schedule one-time payments or recurring payments to designated persons or entities, and receive certain electronic bills for such payments.

We provide the Service to you through one or more third-party service providers. Our third-party service providers are not parties to this Agreement. We are the sole party responsible to you for any payments you make through the Service, and for any liability that attaches in connection with the Service. Our third-party service providers shall be third party beneficiaries of this Agreement and will be entitled to all the rights and protections (including all limitations of liability) that this Agreement and the online banking services agreement provides to us, including without limitation in connection with their recovery of Payment Amounts that you may owe to them as described below. Our third-party service providers are subject to change without prior notice to you. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

This Agreement governs use of the Service by both consumer customers and business customers. Business customers should refer to the section entitled “Business Accounts” which identifies certain provisions of this Agreement that do not apply to business customers. Any person acting to accept this Agreement and enroll you in the Service on your behalf hereby personally represents and warrants to us that he or she is duly expressly authorized by you to do so.

The terms and conditions of this agreement are in addition to the account agreements, disclosures and other documents in effect from time to time governing your account and is an addendum to the FSWB Online Service Agreement.

Contract requirements

In order to use the Service, (a) you must be (i) an individual person at least 18 years of age and able to form legally binding contracts under applicable law, or (ii) a corporation, partnership, limited liability company or other entity, (b) you must have a postal mailing address in the United States and a valid and active e-mail address, (c) you must have a valid deposit account with First Southwest Bank, and (d) you must be a United States resident. Other restrictions may apply.

BUSINESS ACCOUNTS

The following provisions of this Agreement do not apply to business accounts: (1) any section that expressly states that it applies only to consumer accounts; (2) any reference or incorporation of our Privacy Notice or Online Privacy Statement; (3) any provision that expressly limits or may impliedly limit our ability or authority to share or disclose business customer data with third parties in connection with the Service or any feature thereof; and (4) any provision which is required by or based upon consumer protection laws that do not by their terms also extend to businesses.

Accessing the Bill Pay Service

When you complete your bill paying enrollment form, you will select a User I.D. and a Personal Identification Number (PIN). The Financial Institution will make every effort to accommodate your request. Each time you access the service, you will be asked to enter your User I.D. and PIN.

Three (3) incorrect login attempts will cause the account to be locked out.

Setting up Payees and Payments

Payees: If you want to add a new “Payee,” first select the “Payee” tab located in the bill pay or speak to a service representative.

The Financial Institution reserves the right to refuse the designation of a “Payee” for any reason.

Payments: You may add a new payment to a “Payee” by accessing the service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the service.

You may pay any “Payee” with-in the United States (including U.S. territories and APO’s / AEO’s).

The Financial Institution is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.

The Bill Paying Process

Single Payments – A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by the Financial Institution, is currently 1:00pm (mtn.)

A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s 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 certain holidays), it is adjusted based upon the following rules:

  • If the recurring payment’s “Pay Before” option is selected, the processing date for the new 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 new 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.

Single and Recurring Payments

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”.

Cancelling a Payment

A bill payment can be changed or cancelled any time prior to the cutoff time on the scheduled processing date.

Limitations

We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.

We are not responsible for any failure to complete or delay in completing any payment due to any of the following:

1. Your Funding Account does not contain sufficient funds to complete the payment.

2. Your Funding Account is closed.

3. The Payee rejects or returns the payment for any reason.

4. Your equipment, software or any communications link is not working properly.

5. The Service is unavailable and you know or we have told you about the problem before you send the Payment Instructions.

6. You have provided us with incorrect information about the Payee you wish to pay.

7. The Payee mishandles or delays handling or posting of any payment we send.

8. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the payment from being delivered or completed.

Liability

  • You are solely responsible for controlling the safekeeping of and access to your Personal Identification Number (PIN).
  • If you want to terminate another person's authority to use the Bill Pay service, you must notify the Financial Institution and arrange to change your PIN.
  • You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment.
  • The Financial Institution 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 Financial Institution is not liable for any failure to make a bill payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a “Payee” for a bill payment.
  • The Financial Institution 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 Financial Institution's agent.

THE FOREGOING ARE OUR ONLY OBLIGATIONS TO YOU, AND YOUR EXCLUSIVE REMEDIES, FOR ANY PAYMENT DELAYS, FAILURES OR ERRORS. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.

Disclosure of Information to Third Parties

We will only disclose information about you to third parties if:

1. it is necessary to complete a payment;

2. it is necessary to verify the existence and condition of your Funding Account;

3. it is necessary to comply with a governmental agency or court order;

4. you give us your written permission;

5. you ask us to assist with posting of a payment at a Payee;

6. it is necessary for activating additional services that you requested; or

7. it is within the guidelines set forth by our privacy policy located at: www.fswb.com

Usage Limitations, Obligations and Availability

You agree that you will take all necessary precautions to safeguard your user names, logons, passwords and/or other identifying codes for access to the Service (collectively, your “Access ID”) and keep them confidential. You are solely responsible for maintaining the confidentiality of your Access ID. If you allow others to use your Access ID to access the Service, you are responsible for all charges incurred under your Access ID, unless otherwise provided under these terms, and you must contact us and change your Access ID in order to terminate any such person’s access to the Service. You agree to use the Service only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the Service. The availability of the Service may be subject to interruption and delay due to causes beyond our reasonable control.

Changes to the Service and this Agreement

We reserve the right to change the Service and this Agreement, including fees, in our sole discretion and from time to time. In such event, we will provide notice to you. If you do not agree to any amendments after receiving a notice of the change to the Service or this Agreement, you may stop using the Services and terminate this Agreement as described below. Your use of the Service after you are notified of any change(s) will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material. Such actions may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and or related material and limit access to only the Service’s most recent revisions and updates.

Method of Payment

We will make payments for you either (a) by Electronic Payment against your Funding Account, or (b) using a direct check drawn on your Funding Account. Funds for payments made by Electronic Payment will be withdrawn from your Funding Account as early as the Processing Date for electronic payment, or the day the check clears for direct check payments.

Authority to Charge Your Account

You will designate a Funding Account, and you agree to maintain a balance in the Funding Account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge the Funding Account for payments you initiate using the Service, and you will indemnify and hold us harmless from any claims by any other owner of the Funding Account. You also agree that we are not responsible for any overdraft or insufficient funds situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a balance in the Funding Account that is sufficient to fund all payments you initiate.

You also authorize us to charge any of your deposit accounts with us in order to fund payments that you initiate using the Service. If fund are insufficient to cover the payment you initiate, the bank may, but is not obligated to retry to process the payment order, but will not cause an overdraft in order to process the payment as initiated by you.

Payment Cancellation Requests

You may cancel or edit any Scheduled Payment any time before the cutoff time on the scheduled processing date. There is no charge for canceling or editing a Scheduled Payment. ONCE THE SERVICE HAS BEGUN PROCESSING A PAYMENT, IT CANNOT BE CANCELED OR EDITED.

Prohibited Payments

Payments to Payees outside of the United States or its territories are prohibited through the Service.

Restricted Payments

Payments to government agencies, organizations and institutions, and court ordered payments, may be scheduled through the Service, however such payments are discouraged and will be scheduled at your own risk. In no event shall we be liable for any claims or damages resulting from your scheduling of these types of payments. We have no obligation to research or resolve any claim resulting from a government or court ordered payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility.

Electronic Bill Presentment

This feature is for the presentment of electronic bills only. It is your sole responsibility to contact your Billers directly if you do not receive your statements. Under this feature, you may elect to (a) to have us present to you electronically bills that we have received on your behalf, for you to thereafter schedule payments through the Service, or (b) have us schedule payment of bills we have received on your behalf. If you elect to activate one of the Service's electronic bill options, you also agree to the following: You authorize us to contact Billers on your behalf and to receive your billing statements and billing data, including the right to periodically access third party biller Web sites designated by you (“Biller Sites”), on your behalf, to retrieve your electronic billing data (“eBill”). You agree that we are your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements, to view and download your eBills, and to use your name, passwords, usernames and any other information you provide to us for purposes of providing the electronic bill presentment feature to you. You agree that we may use and store this information on our servers. You are responsible for all charges associated with our use of any Biller Site on your behalf and you agree to comply with the terms of use for the Biller Site.

The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of the Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller.

The electronic Biller has the right to cancel the presentment of its 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 from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of the Biller. If you cancel electronic bill presentment with respect to any Biller(s), we will notify the Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Payment Addresses

We reserve the right to change the address of a Payee to whom we send payments, without notification, in the following situations:

1. The information returned by our address cleansing process determines the format of the address does not comply with the USPS standards.

2. We have determined that the address provided is not a valid address for the Payee.

3. The Payee has closed the address, and provided us (via the USPS) with the new address.

4. We have established a relationship with the Payee to send payments to a different address than the one provided in your Payment Instructions or on your eBill.

In all cases, we attempt to act in a way to expedite the proper posting of your payment.

DISPUTES

Disputes Between You and Us. Any dispute between you and us regarding, arising out of, or relating to this Agreement, the Service, or any transaction or Payment Instruction thereunder shall be resolved in the manner set forth in the deposit account agreement governing your Payment Account, as amended from time to time (including but not limited to any provisions therein that waive rights to participate in class actions, that waive rights to trial by jury and require trial to a court sitting without a jury, and/or that require resolution by binding arbitration).

NO WAIVER

We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Procedures If Your Access ID Has Been Lost, Stolen, or Compromised or There Has Been Unauthorized Use of Your Access ID.

If you believe that your Access ID has been lost or stolen, or that someone is using your Access ID without your permission, notify us IMMEDIATELY in order to minimize your possible losses. The following is our contact information:

Telephone Number: 1-866-641-3792

Mailing Address: First Southwest Bank Attn: Account Services, PO Box 1139, Alamosa, CO 81101

If you notify us within four (4) Business Days after you learn of the loss or theft of your Access ID, your maximum liability for unauthorized electronic fund transfers is $50.00. If you do NOT notify us within four (4) Business Days after you learn of the loss or theft of your Access ID, and we can prove that we could have prevented someone else from using your account had you done so, your maximum liability for unauthorized electronic funds transfer is $500.00.

If your bank account statement shows payments through the Service that you did not authorize, notify us IMMEDIATELY. If you do not notify us within ninety (90) days after the statement was mailed to you, you may not get back any of the unauthorized payments made after ninety (90) days if we can prove that we could have prevented the unauthorized payments if you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, if we choose, extend this time.

An “unauthorized electronic fund transfer” is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account, and which does not benefit you. If you give your Access ID to another person, all electronic funds transfers initiated by that person are authorized unless and until you notify us that payments by that person are no longer authorized and you change your Access ID.

In Case of Errors or Questions about a Payment

ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH THE SERVICE OR WITH YOUR ACCESS ID MUST BE DIRECTED TO US. We are responsible for the Service and for resolving any errors in payments made through the Service or with your Access ID.

Your payment transactions will appear on the statements issued by us. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE.

If you have any questions about one of these transactions, call or write us using the contact information provided above.

Contact us as soon as possible at 1-866-641-3792 if you think that a payment shown on the statement for your Funding Account is in error or if you need more information about a payment shown on your statement.

Procedures for Investigating and Resolving Errors Involving Electronic Funds Transfers

If you think your statement is incorrect or you need more information about a payment listed on the statement, we must hear from you no later than ninety (90) days after you received the FIRST statement reflecting a problem or error involving an electronic funds transfer. We will extend this period by a reasonable time if you can show that a delay resulted from your initial attempt to notify us. To contact us about errors or questions or transactions:

1. Telephone us at 1-866-641-3792

2. Write us at: First Southwest Bank Attn: Account Services, PO Box 1139, Alamosa, CO 81101

When you write or call us, you must:

1. Tell us your name and the account number we issued to you at the time you enrolled for the Service.

2. Describe the payment you are unsure about (Payee name, account information, payment date, payment amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the payment.

3. Tell us the dollar amount of the suspected error.

If you tell us orally, or by electronic mail through the Service, we may require that you send your complaint in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we receive your complaint and will correct any service error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will re-credit the affected account within ten (10) Business Days after we hear from you, for the amount that you think is in error in order that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) Business Days, we may not re-credit your account.

We will tell you the results within three (3) Business Days of completing our investigation. If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed our investigation, and within ten (10) Business Days of the date of such explanation, we will debit your account of the amount previously re-credited to you for use during the time it took us to complete our investigation. You may ask for copies of documents used during our investigation.

Fees and Additional Charges

There is no charge for the use of this service. Should your payment result in an overdraft of the Funding Account, you will be liable for fees associated with that transaction according to the agreement currently in place for that account. First Southwest Bank reserves the right to change fees and charges conditional upon proper and timely notification to you according to regulations governing the account or product type contracted with the bank.

Failed or Returned Transactions

In using the Service, you are requesting that we make payments for you from your Funding Account. If we are unable to complete a payment for any reason associated with your Funding Account (for example, there are insufficient funds in your Funding Account to cover the transaction), the payment will not be completed.

Our Right to Refuse to Make Payments

We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance in the Funding Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other payment.

Changes to Your Information

You agree to promptly update all your profile information, including, but not limited to, name, physical address, e-mail address and Funding Account information. You may update your e-mail address by clicking on the Profile button in the Service Website. You should also update your e-mail address for our Online Banking. Other profile information, both for the Service and our other Internet Banking services, may be updated by calling customer service at 1-866-641-3792. We are not responsible for any mail we forward to your old mailing or e-mail address prior to receiving updated information from you. All changes made are effective immediately for scheduled and future payments paid based on the updated Funding Account information.

We are not responsible for any payment processing errors or fees resulting from your failure to update your information, or if you do not provide accurate Funding Account or contact information.

Term and Termination

In the event you wish to terminate this Agreement and cancel the Service, you may do so by contacting customer service at 1-866-641-3792.

We may terminate this Agreement at any time upon notice to you, which may be delivered via e-mail to your e-mail address reflected in our Service records. In addition, if either party breaches a material provision of this Agreement, then the other party will have the right to terminate this Agreement immediately by giving notice to the party in breach. The termination of this Agreement shall not affect any fees or charges already due to us from you. Any payment(s) we have already processed before the requested termination date will be completed. All Scheduled Payments, including recurring payments, will not be processed once the Service is cancelled. We may terminate or suspend service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Returned Payments

In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, 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 Service 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 Funding Account.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Responsibility

THE REMEDIES SET FORTH IN THE SERVICE GUARANTEE SECTION OF THIS AGREEMENT ARE OUR ONLY OBLIGATIONS TO YOU, AND YOUR EXCLUSIVE REMEDIES, FOR ANY PAYMENT DELAYS, FAILURES OR ERRORS. IN NO EVENT WILL WE OR OUR PROVIDERS BE RESPONSIBLE FOR ANY OTHER DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING WITHOUT LIMITATION LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE.

Indemnity

You agree to defend, indemnify and hold us and our Providers harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the Service, except to the extent that such third party claim is the result of our breach of contract, gross negligence or willful misconduct.

Other Provisions

Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without our prior written consent. If any provision of this Agreement is unenforceable, the validity and enforceability of the other provisions shall not be affected. Failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision. This Agreement shall be governed by and construed under the laws of the state of Colorado, without regard to conflicts of laws provisions. You hereby consent to the jurisdiction of the state courts and the federal courts within that state with respect to any claim relating to this Agreement. The Disclaimer of Warranty, Indemnity and the Other Provisions sections of this Agreement shall survive the termination of this Agreement.

Entire Agreement

These terms are the entire understanding and agreement between you and us with respect to the Service and supersede any other oral or written agreements.

Authorized Persons

You may authorize one or more individuals to obtain information regarding your use of the Service, in accordance with our procedures. All joint owners of the funding account are jointly and severally liable regarding the terms of this agreement. In addition, joint owners of your Funding Account may also enroll in the Service and schedule payments to be charged against the Funding Account. Each joint owner of the Funding Account has full and independent authority to use the Service as if they were the sole owner, and without the consent of or notice to any other joint owner. Joint users of the Service must be added by contacting support at First Southwest Bank. Such powers include, without limitation, the authority to: (a) view all billing data and pay bills or other obligations of any joint owner; (b) order the payment or transfer of funds from the Funding Account; or (c) close the Funding Account at any time. We may: (a) honor the orders and follow the instruction of any one joint owner, without liability to any other joint owner(s), and without any obligation to give notice to other joint owners, or to inquire whether such other owners consent; (b) honor any payment order from a joint owner even though it may create an overdraft in the Funding Account (and all joint owners are jointly and severally liable for repayment of overdrafts created by any joint owner); and (c) treat any notice required or permitted to be given concerning the Funding Account as being given to all joint owners when such notice is given to any one joint owner.

 To accept these terms click on the accept link below:

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