Mobile Bill Pay and Pay People Service Addendum
This Mobile Bill Pay and Pay People Service Addendum (this “Addendum”) applies to the Bill Pay Service and the Pay People Service, or person-to-person payment service, which is part of the Mobile Banking Service offered through BBVA Compass Mobile Banking. You may use the Bill Pay Service to initiate payments electronically from any Mobile Account for which that Service is available through the system described in Section A below. You may use the Pay People Service to send and receive payments from any Mobile Account for which that Service is available through the system described in Section B below.
A. Bill Pay Service
- "Bill Pay," "Bill Pay Service" or “Service” means the bill payment service offered by BBVA Compass, which may be provided either directly by the Bank or indirectly through the Bank's service provider.
- "Biller" means the person or entity to which you wish a bill payment to be directed. You may make payments only to a Biller with a United States address.
- "Business Day" means every Monday through Friday, excluding all holidays recognized by the federal government.
- "Due Date" means the date on which your payment is due, as shown on your Biller's statement. The Due Date is not the date on or after which your payment is considered late.
- "Payment Account" means the Mobile Account from which a bill payment will be debited.
- "Payment Instruction" means the information you provide through the Bill Pay Service regarding a bill payment to be made on your behalf to a Biller (such as, but not limited to, the Biller's name, the Biller's account number, and Scheduled Payment Date).
- "Scheduled Payment" means a payment that has been scheduled through the Bill Pay Service.
- "Scheduled Payment Date" means the date included in your Payment Instruction as the date on which you want your Biller to receive your bill payment.
Bill Payment Function
You may use Bill Pay to make one-time or recurring payments from any Mobile Account that is a checking account, subject to the following restrictions and conditions:
- Payment Methods. The Bank reserves the right to select the method by which Scheduled Payments will be made on your behalf to your Biller. These payment methods may include, but are not limited to: (a) transferring funds electronically to the Biller; (b) preparing a check or a laser draft that is payable to the Biller, then sending this check or draft to the Biller; or (c) any other means chosen by the Bank in its sole discretion.
- Limitations on Payment Amounts. You may not make a payment to a Biller that is in an amount greater than $999,999.99. The Bank reserves the right to limit the frequency and dollar amount of transactions from your Mobile Accounts for security reasons.
- Restrictions on Billers. Occasionally a Biller may choose not to participate in Bill Pay, or may require additional information before accepting payments. We may work with these Billers to encourage them to accept an electronic or check payment from the Bank. If we are unsuccessful, or if we determine that the Biller cannot process payments in a timely manner, we may decline future payments to this Biller. In the unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through Online Banking with Bill Pay must be payable in U.S. dollars to a Biller located in the United States. We reserve the right to restrict categories of Billers to whom payments may be made using this Service. The Bank is not responsible for the refusal by any Biller to accept payment made using the Bill Pay Service.
Prohibited Payments. You agree not to use the Bill Pay Service to make:
- Any payment on behalf of a third party,
- Any tax payment,
- Any court-ordered payment,
- Any payment to settle securities transactions,
- Any payment to a Biller located outside the United States, or
- Any payment using funds that were sent to you from outside the United States if the funds were accompanied by instructions specifying one or more payments to be made with those funds.
In no event shall the Bank be liable for any claims or damages resulting from your scheduling any of these types of payments. The Bill Pay Guarantee described below does not apply to these types of prohibited payments, even if the Bill Pay Service allows them to be scheduled or made. The Bank has no obligation to research or resolve any claim relating to or resulting from the misapplication, misposting or misdirection of these types of payments, and you accept full responsibility for the resolution of all such claims.
- Bank's Right to Refuse Certain Payment Requests. The Bank may refuse to honor any payment requests that reasonably appear to the Bank to be fraudulent, unauthorized, erroneous, illegal or prohibited under this Agreement, or as otherwise permitted by law, and the Bank shall have no liability for its refusal to honor these payment requests.
- Payment Scheduling. For each bill payment you attempt to schedule, the Bill Pay Service will designate the earliest possible Scheduled Payment Date for that Biller, which typically is four (4) or fewer Business Days from the current date. The Bill Pay Service will not permit you to select a Scheduled Payment Date that occurs before the earliest possible Scheduled Payment Date designated for each Biller. When scheduling a bill payment, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. You are responsible for any late charge, finance charge, penalty or default or other consequence that may result from your selecting a Scheduled Payment Date later than the Due Date.
- Your Authorization. By providing the Bill Pay Service with the name of a Biller and information about your account with that Biller, you authorize the Bill Pay Service to contact the Biller about your payments made or to be made through Bill Pay. You agree that, in order to process payments more efficiently, the Bill Pay Service may edit or alter payment data or data formats according to the Biller's directives. By submitting Payment Instructions through the Mobile Application, you authorize the Bill Pay Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as closely as reasonably possible to the Scheduled Payment Date.
- Changes to Payment Account or Biller Information. Any change in the selection of your Payment Account or the information for a Biller must be made in accordance with the instructions in the Mobile Application . Any changes you make to Payment Account or Biller information may become effective immediately for scheduled and future payments, but will not apply to any payment that has begun processing at the time of your change. The Bank shall have no liability for any payment processing errors or any fees you may incur if you do not provide accurate Payment Account or Biller information.
- Insufficient Funds in a Payment Account. You agree to submit Payment Instructions for a bill payment only when there are or will be sufficient funds in the Payment Account to cover both that payment and any other items or charges to be paid from the Payment Account.
If there are insufficient funds in the Payment Account to cover any Scheduled Payment, the Bill Pay Service may either (i) make the Scheduled Payment, even if it overdraws the Payment Account or (ii) decline to make the Scheduled Payment. In either event, you are responsible for any non-sufficient funds or overdraft charges authorized in the Account Agreement for the Payment Account. The Bank has no obligation to inform you if the Bill Pay Service declines to make a Scheduled Payment because there are insufficient funds in the Payment Account. In this situation, you are responsible for rescheduling the payment through the Mobile Banking Service or making alternate arrangements. You agree that, if the Bill Pay Service is used to make a Scheduled Payment that overdraws the Payment Account:
- You will reimburse the Bank or its service provider, as applicable, immediately upon demand for any funds advanced on your behalf;
- For any amount not reimbursed within fifteen (15) days after initial demand, the Bank or its service provider, as applicable, may require you to pay a late charge equal to 1.5% of the amount advanced. This late charge is in addition to any non-sufficient funds or overdraft charges imposed under the Deposit Account Agreement for the Payment Account;
- You will reimburse us for any fees incurred in attempting to collect the amount of the advanced funds and any late charge from you; and,
- The Bank may report the facts concerning the return to any credit reporting agency.
- Returned Payments/Credits to Your Payment Account. You understand that payments made through the Bill Pay Service may be returned for a variety of reasons, including, but not limited to, the following: changes to a Biller's address; changes to an account number; the Bill Pay Service having been provided with incorrect information about a Biller or your account with a Biller; a Biller's inability to identify your account or any outstanding balance owed on your account. The Bill Pay Service will try to correct any obvious errors that may have caused the payment to be returned and then to resend the corrected payment, but the Bank shall have no liability for returned payments that were sent according to your Payment Instructions. You also authorize the Bill Pay Service to credit your Payment Account for any returned Scheduled Payments and for any payments sent to you through the Bill Pay Service.
- Canceling a Scheduled Payment. You may cancel or edit any Scheduled Payment (including recurring payments) that has not begun processing by following the directions within the Bill Pay Service. There is no charge for canceling or editing a Scheduled Payment that has not begun processing. Once the Bill Pay Service has begun processing a Scheduled Payment, you cannot cancel or edit the Scheduled Payment, but you may be able to stop the Scheduled Payment by submitting a stop payment request.
- Stop Payment Requests on Scheduled Payments. If you wish to stop a Scheduled Payment once it has begun processing, you should call the Bank at 800-273-1057 as soon as possible. The Bank also may require you to make your request in writing, as provided in the applicable Deposit Account Agreement. The Bank's ability to stop any Scheduled Payment will depend on both the method used to make that payment and when you contact the Bank. Some payment requests cannot be stopped once processing has begun. For Scheduled Payments that can be stopped, the Bank must receive your stop payment request in sufficient time to allow the payment to be voided, which generally will be at least three (3) Business Days before the Scheduled Payment Date. If the Bank is unable to stop your Scheduled Payment, it will be processed according to your original Payment Instructions, and the Bank will have no liability for failing to stop this Scheduled Payment. The charge for each stop payment request will be the current charge provided in the applicable Deposit Account Agreement.
- Bill Pay Guarantee. Due to circumstances beyond the Bank's control, particularly delays by Billers in handling and posting payments, some Scheduled Payments may take longer than expected to be credited to your account with a Biller. You will be reimbursed up to $50 for any late charges you incur for a Scheduled Payment posted after its Due Date as long as you have scheduled that payment according to the guidelines described under "Payment Scheduling" in this Agreement.
Mobile Photo Bill Pay
The Mobile Photo Bill Pay service is a part of the Mobile Bill Pay Service that allows Mobile Bill Pay customers with a camera-equipped Eligible Mobile Device to take a picture of a bill to:
- Add a new payee; and
- Set up recurring bill payments.
Using the camera on your Eligible Mobile Device, you can capture the Biller’s information and address, your account number with that Biller and the amount due. After the image is processed, you will be prompted to verify the accuracy of the information presented to you. It is your responsibility to verify the accuracy of the information for any payee and bill payment. You agree that we shall not be liable for any damages resulting from inaccuracies or errors in a Scheduled Payment resulting from your failure to verify the accuracy of information presented to you.
B. Pay People Service
- "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- “Affiliates” refer to companies related by common ownership or control.
- “Payment Instruction” is the information provided by the Sender to this Service for a payment to be made (such as, but not limited to, name, telephone number, and email address).
- “Payment Network” means a payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
- “Pay People,” “Pay People Service,” “Popmoney,” or “Service” means the person-to-person payment service offered by BBVA Compass, which may be provided either directly by the Bank or indirectly through the Bank’s Service Provider.
- “Receiver” is a person or entity that is sent a payment through this Service.
- “Sender” is a person or entity that sends a payment through this Service.
- “Service Provider” means a company that we have engaged to render some or all of this Service to you on our behalf.
- “Transaction Account” is the transaction account from which a Sender’s payments will be debited, Service fees will be debited, or to which payments and credits owed to a Sender or Receiver, as applicable, in connection with this Service will be credited. For any payment you send using this Service, the Transaction Account must be a BBVA Compass Mobile Account.
- “SMS” refers to the “short message service” or text messages that may be transmitted over mobile phones.
Terms and Conditions:
- Eligibility For This Service. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Addendum.
- Service Providers. We may offer this Service through one or more Service Providers that we have engaged to render some or all of the Service on our behalf. You agree that we have the right under this Addendum to delegate to Service Providers all of the rights and performance obligations that we have under this Addendum, and that the Service Providers will be third party beneficiaries of this Addendum and will be entitled to all the rights and protections that this Addendum provides to us.
- Using This Service. This Service enables you: (1) to initiate a payment transaction from your Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment transaction from another person into a Transaction Account, in U.S. dollars. Although the ACH Network is often used to execute payment transactions through this Service, other Payment Networks may be used to facilitate the execution and transmission of payment transactions. All payment transactions sent through this Service are subject to the terms of this Addendum and applicable laws and regulations, in each case as in effect from time to time. Any payment transactions you receive through this Service also are subject to the terms of this Addendum and applicable laws and regulations, in each case as in effect from time to time.
- Viewing Receipts and Transaction History. You may view your recent transactions through this Service within the Mobile Application or by logging into Online Banking and looking at the history for your Transaction Account. You agree to receive receipts of these transactions by this method, and also to review your transactions to identify any unauthorized or unclaimed payments.
Initiation of Payment Transactions. With this Service, you can initiate a one-time payment transaction to a Receiver for which processing shall be initiated immediately. In future releases of the Service, we may, but are not required to, permit the following types of payments:
- A one-time payment transaction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and
- A recurring series of payment transactions to a Receiver for which processing shall be initiated on the specified dates.
Payment transactions initiated to Receivers are processed in two ways. As a Sender, you can provide all of the information about the Receiver that is required to complete an ACH Network transfer of funds (including his/her Transaction Account) so that the payment may be sent directly to the Receiver’s Transaction Account. Alternatively, you can provide contact information about the Receiver (including an email address or mobile telephone number) and we may contact the Receiver and request the Receiver to provide: (i) information so that we may validate the identity of the Receiver, and (ii) eligible Transaction Account information in order to complete the payment transaction (a "Two-Step Transfer"). If the Receiver maintains a Transaction Account with a financial institution that participates in the Popmoney personal payments service, the Receiver may have the option to use his or her financial institution’s online or mobile banking service to complete the payment transaction and receive the payment.
You understand and agree that when you initiate a payment transaction from your Transaction Account using this Service, the processing of the payment transaction will begin and the debiting of your Transaction Account will occur as early as the day of such initiation. However, unless a faster delivery schedule is available and selected, the payment funds will be transferred into the Receiver's Transaction Account no earlier than the next Business Day after you initiated the payment transaction. If you request a one-time payment transaction to be initiated on a specified date or a recurring series of payment transactions to be initiated on specified dates, then the processing of the payment transaction will begin on the specified date and the debiting of your Transaction Account will occur as early as the specified date. However, unless a faster delivery schedule is available and selected, the payment funds will be transferred into the Receiver’s eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Transaction Account (even if already debited or withdrawn from your Transaction Account) may be delayed if the Receiver has not provided the Service with certain required information such as his or her Transaction Account information.
Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block and/or reverse such payments:
- Payments to or from persons or entities located outside of the United States and its territories; and
- Payments that violate any law, statute, ordinance or regulation; and
- Payments that violate the terms in the “Acceptable Use” provision below in this Section; and
- Payments related to: (i) tobacco products, (ii) prescription drugs and devices; (iii) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (iv) drug paraphernalia; (v) ammunition, firearms, or firearm parts or related accessories; (vi) weapons or knives regulated under applicable law; (vii) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (viii) goods or services that are sexually oriented; (ix) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (x) goods or services that defame, abuse, harass or threaten others; (xi) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (xii) goods or services that advertise or sell to, or solicit others; (xiii) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
- Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Payments relating to transactions that (i) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs; (ii) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; (iii) are for the sale of items before the seller has control or possession of the item; (iv) constitute money-laundering or terrorist financing; (v) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing; or (vi) provide credit repair or debt settlement services; and
- Tax payments and court ordered payments.
- Payment Authorization and Payment Remittance.
- By providing us with names, telephone numbers, email addresses and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service. You acknowledge and agree that when you submit a Payment Instruction using a Receiver’s mobile phone number you will cause a text message to be delivered to that mobile number. By using this Service, you represent and warrant that you have all necessary authority and permission to send text messages to the Recipient’s mobile phone number provided in your Payment Instruction. You will indemnify, defend, and hold harmless and release BBVA Compass and its affiliates, Service Providers, and their employees from and against any claims, actions and other proceedings by a Recipient arising out of or relating to the Recipient’s receipt of a text message pursuant to your Payment Instruction.
- When we receive a Payment Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf. You understand that, for any payment you make through this Service, the payment notice provided to the Receiver may show that the payment was sent through BBVA Compass. You also authorize us to credit your Transaction Account for any payment that is returned to us from a Receiver to whom you sent a payment or is cancelled and returned to you because the processing of the payment transaction could not be completed.
- Receivers of payments who are not already registered for the Service will be invited to register. Once you register as a Receiver, you authorize us to credit your Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you. If you do not register, then funds will not be transferred to you from any Sender, and the payment transaction will be cancelled.
- We will use reasonable efforts to make all your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of any overdraft account that may be available to you;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The payment is refused as described in the terms in the “Unclaimed or Refused Payments” provision below in this Addendum;
- You as a Sender have not provided us with the correct information, including but not limited to the correct Payment Instructions or Transaction Account information, or the correct name and email address or phone number of the Receiver to whom you are sending a payment; and/or
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with any other financial institution, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
- It is the responsibility of each Sender and Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the name, telephone number and/or email address that you, as a Sender, enter for the Receiver to whom you are sending a payment), and to inform us as soon as possible if they become aware that this information is inaccurate. We do not guarantee the identity of any user of the Service, including but not limited to any Receiver to whom you send a payment. Neither a Sender nor Receiver may use a P.O. Box as a postal address in connection with this Service. Once informed that incorrect information was entered into the Service, we will make a reasonable effort to stop or recover a payment made to the wrong person or entity, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
- You agree to submit Payment Instructions for a payment only when there are or will be sufficient funds in the Transaction Account on the scheduled payment date to cover both that payment and any other items or charges to be paid from the Transaction Account. We shall incur no liability if we are unable to complete any payments initiated by you if, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of any overdraft account that may be available to you.
- Receiving Payments. If another person sends a payment transaction to you using the Popmoney personal payments service, there may be a delay between the time you are notified of the pending payment transaction and the deposit of the payment funds into your Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Transaction Account. The Sender, the financial institution which holds the Sender’s Transaction Account and/or the Popmoney personal payments service may send emails to you and text messages to your mobile phone in connection with the Sender's initiation of payment transactions to you.
- Payment Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can send or receive through the Service. Information about any such limits will be available to you in the Mobile Application before you submit any Payment Instructions for a payment. We also reserve the right to select the method by which we will make payments on your behalf and, if a payment is returned, the method to return those funds to you in the event that your Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment or a paper check.
- Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive through this Service, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any payment made through this Service.
- Unclaimed or Refused Payments. Any payments made through this Service that are not claimed by the Receiver will be automatically cancelled ten (10) days after Receiver was notified of the payment. When a Sender sends a payment, the Receiver is not required to accept it. You agree that, as a Sender, you will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a payment made through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after sixty (60) days that check has not been cashed, we will stop payment on it and transfer funds to an “unclaimed funds” account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
- Returned Payments. As a Sender using the Service, you understand that Receivers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, expired forwarding address or invalid account number. We will use reasonable efforts to complete payment transactions initiated through the Service.
- Payment Cancellation Requests. As a Sender, you may cancel a payment at any time until it begins processing. You can see in the Mobile Application whether a payment has begun processing.
- Stop Payment Requests. If you wish to stop a payment once it has begun processing, you should call us at 800-273-1057 as soon as possible. We also may require you to make your request in writing, as provided in the applicable deposit account agreement for your Transaction Account. Our ability to stop any payment will depend on both the method used to make that payment and when you contact us. Payments that we made electronically cannot be stopped once they begin processing. For payments that can be stopped, we must receive your stop payment request in sufficient time to allow us a reasonable opportunity to act on it. If we are unable to stop a payment as requested, it will be processed according to your original Payment Instructions, and we will have no liability for failing to stop the payment. The charge for each stop payment request will be the fee provided in the deposit account agreement for your Transaction Account.
- Declined Payments. We reserve the right to decline to make a payment to any Receiver. We will notify you promptly if we decide to decline to pay any Receiver designated in your Payment Instructions. This notification is not required if you attempt to make a prohibited payment under this Addendum.
Failed Or Returned Transactions. In using the Service, you are requesting us to make payments for you from your Transaction Account. If we are unable to complete the transaction for any reason associated with your Transaction Account (for example, because there are insufficient funds in your Transaction Account to cover the transaction), the transaction may not be completed. If we complete a transaction even though there are insufficient funds in your Transaction Account to cover that transaction, you will receive a return notice from us or our Service Provider. In this situation, you agree that:
- You will reimburse us immediately upon demand for the full amount we advanced to complete that transaction;
- For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You will be assessed a fifteen dollar ($15.00) fee by our Service Provider and by us if the transaction is returned because you have insufficient funds in your Transaction Account to cover the requested payment. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit;
- You will reimburse us for any fees or costs we incur in attempting to collect the amount of the return from you; and,
- We are authorized to report the facts concerning the return to any credit reporting agency.
- Information Authorization. We reserve the right to refuse or cancel your enrollment in this Service if we cannot verify your identity or confirm information about you. You agree that we and any Service Provider we use to provide this Service to you may obtain a credit report on you at any time from any credit reporting agency. In addition, you authorize each Receiver to provide us with any information regarding you or your account with that Receiver that we may request.
- Authorization For Emails, Text Messages, and Phone Calls. By accepting this Addendum, you authorize the Sender, the financial institution which holds the Sender’s Transaction Account and the Popmoney personal payments service to send emails to you regarding payment transactions and to send text messages regarding payment transactions to the mobile phone number you have associated with the Service. Further, by accepting this Addendum, you consent to receiving, and authorize us to place, calls regarding the Service to the mobile phone number(s) you have provided to us. You understand that such telephone “calls” include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. Calls and messages may incur charges from your wireless carrier. By agreeing to receive text messages through the Service, you are also consenting to receive a final confirmation text message if and when you choose to opt out of the Service.
- Mobile Phone Users. Mobile phone users of the Service may receive SMS messages relating to their payments, but the phone service provider is not the provider of the Service. As a Receiver, you may receive an invitation to register for the Service, notices about payments sent to you, and other notices that you may request. In an invitation to register sent via SMS text message, each Receiver will receive a verification code that must be entered to direct the payment to a designated bank account. As a Sender, you also may receive messages related to your transactions from time to time. Message and data rates may apply from your telecommunications, and you are responsible for any such charges. In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word “HELP” to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666.
- Charges For This Service. Any fee for this Service will be disclosed to you in the Mobile Application before you submit any Payment Instructions for a payment. Any applicable fee will be charged regardless of whether the Receiver actually received the payment. You agree to pay each such fee, and authorize us to deduct the amount of each fee from your Transaction Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. In addition to these charges, as a Sender you may incur charges from your telecommunications carrier when receiving information in connection with your use of this Service, and Receivers also may incur charges to receive emails or SMS messages about payments you send to them.
- Intellectual Property. “Popmoney” is a trademark of CashEdge, Inc. or its affiliates. All other marks and logos related to this Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Mobile Application through which the Service is offered, the technology related to the Mobile Application and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Mobile Application or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
- Links to Third Party Sites. Links to other sites may be provided on the portion of the Mobile Application through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Mobile Application. For example, if you "click" on a banner advertisement or a search result, your "click" may take you out of the Mobile Application. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
- Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Addendum and/or your use of the Mobile Application or the Service.
- Release. If you have a dispute with one or more Receivers or other users of the Mobile Application or this Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
- Exclusions of Warranties. THE MOBILE APPLICATION AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR MOBILE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTION 2 OF YOUR DEPOSIT ACCOUNT AGREEMENT WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Confidentiality. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
A Spanish version of this document is available as a courtesy to our clients who use Spanish as their primary language. Although Compass Bank has taken every precaution possible to translate the original document correctly, the Spanish translation is only a courtesy to our clients. Please take note that all official documents from Compass Bank will be in English only. Please visit: www.bbvacompass.com/mobile-banking/terms/es/billpay-popmoney.html to view the Spanish version.
BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC.