BBVA Compass Mobile Banking Bill Pay Addendum

This Mobile Bill Pay Service Addendum (this "Addendum") applies to the Bill Pay Service, which is part of the Mobile Banking Service offered through BBVA Compass Mobile Banking. You may use this Service to initiate payments electronically from any Mobile Account for which this Service is available. This Addendum shall be considered as part of the BBVA Compass Mobile Banking Terms of Use ("Terms of Use") and applies specifically to the Service available to you under this Addendum. Terms defined in the Terms of Use shall have the same meaning in this Addendum, unless otherwise stated below.

Unless otherwise noted, if there is any conflict between the other sections of the Terms of Use and this Addendum, this Addendum will govern the use of the Bill Pay Service. In this Addendum, "you" and "your" refer to the Bill Pay Service user who has enrolled in this Service, and the terms "BBVA Compass," "Bank", "we" and "us" refer to Compass Bank.

Your use of the Service constitutes your acceptance of this Addendum. This Addendum is subject to change from time to time. We will notify you of any material change as provided in the Terms of Use. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of any service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.

Definitions

• "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.

BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC.