BBVA Compass

Agreement and Disclosure Statement for Online Banking

YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN SECTION 8.F. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL.

Table of Contents

  1. What this Agreement Covers
  2. Online Accounts
  3. Security Procedures
    1. Security Codes
    2. Your Obligations for Consumer Accounts
    3. Your Obligations for Commercial Accounts
    4. Commercially Reasonable Security Procedures for Commercial Accounts
  4. Online Banking Services
    1. Transfers and Payments
      1. i. Transfers Within Bank
      2. ii. Transfers from External Accounts
      3. iii. Transfers to External Accounts
      4. iv. International Transfers
      5. v. Send Payments and Checks
        1. a) Bill Payment
        2. b) Electronic Bill Delivery
      6. vi. Popmoney®
      7. vii. Domestic Wire Transfers for Consumer Accounts
      8. viii. Payments to BBVA Compass Credit Lines
    2. Other Services
      1. i. Online Account Information
      2. ii. Online Check Images
      3. iii. Online Statements and E-Notices
      4. iv. Secure Email with the Bank
      5. v. Alerts
      6. vi. Stop Payment Requests
      7. vii. Personal Financial Management
    3. Additional Services (Commercial Only)
      1. i. Wire Transfers for Commercial Accounts
      2. ii. ACH Payments for Commercial Accounts
      3. iii. Designating and Managing Users
  5. Rewards
    1. Simple Cash Back
    2. CompassPoints
  6. Liability Provisions for Consumer Accounts
    1. Your Liability for Consumer Accounts
    2. Bank’s Liability for Consumer Accounts
    3. Error Resolution for Consumer Accounts
  7. Liability Provisions for Commercial Accounts
    1. Your Liability for Commercial Accounts
    2. Limitation of Liability for Commercial Accounts
    3. Error Resolution for Commercial Accounts
  8. Other Terms and Conditions
    1. Charges for Online Banking
    2. Periodic Statements
    3. Reporting Unauthorized Transactions or Disclosure of Your Security Codes
    4. Confidentiality of Information about Online Accounts
    5. Information Authorization
    6. Dispute Resolution
    7. Business Days and Hours of Operations
    8. Changing this Agreement
    9. Termination
    10. Changes to your Contact Information
    11. General Provisions
    12. Assignment and Service Providers
    13. Exclusion of Warranties
    14. Notice and Consent Regarding Electronic Communications
    15. Consent to Calls

Agreement and Disclosure Statement for Online Banking

This Agreement and Disclosure Statement (this "Agreement") governs the online banking services described in this Agreement, which are referred to individually as a "Service" and collectively as the "Services" or "Online Banking".

Please read this Agreement carefully and keep it for your records. When you first access Online Banking, please check to confirm that each Online Account (as defined below) is an account that you requested to be included in your subscription to Online Banking. If not, please contact us immediately as provided in Section 8.C below.

YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN SECTION 8.F. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL.

Definitions

1. What This Agreement Covers

By subscribing to Online Banking, or by accessing or permitting another to access your subscription to Online Banking, you agree to this Agreement, which incorporates any instructions, procedures, conditions or other terms provided within the Web pages for Online Banking (the "Online Terms"). This Agreement is in addition to any agreement (including related fee schedules and disclosures) governing any BBVA Compass Online Account (an "Account Agreement"). For example, if you have included your BBVA Compass checking account within your subscription to Online Banking, your use of Online Banking does not affect the terms and conditions of the Account Agreement for that checking account. You should review each Account Agreement for any applicable fees, limitations on the number of transactions you can make, and other terms or conditions that might impact your use of Online Banking. In the event of a conflict between this Agreement and any Account Agreement, the terms of the Account Agreement will apply, unless otherwise provided in this Agreement.

2. Online Accounts

The Bank, in its sole discretion, will designate both the number of accounts that may be included in one subscription for Online Banking and the specific types of accounts that are eligible to be Online Accounts, and may change these designations from time to time. To the fullest extent permitted by law, the Bank reserves the right to refuse to include any eligible account within your subscription to Online Banking. An Online Account may be either a consumer account or a commercial account. A "consumer" account is an account established primarily for personal, family or household purposes. A "commercial" account is an account established primarily for purposes other than personal, family or household use. Your representation when you open an account that an account is a commercial account is binding and conclusively establishes the non-consumer nature of the account.

Any obligation that the Bank may have, whether under the applicable Account Agreement or otherwise, to verify two or more signatures before making payment from any BBVA Compass account does not apply to transfers and electronic payments requested through Online Banking. By requesting the Bank to include any of your BBVA Compass accounts as an Online Account, you waive any right you may have to require the Bank to verify two or more signatures or before making payment from that BBVA Compass Online Account, and you release the Bank from liability for any and all claims that arise from or relate to the Bank's payment of a transfer or electronic payment requested and authorized through Online Banking by only one person.

One of your BBVA Compass Online Accounts will be designated as your "Primary Account" for Online Banking. You may designate your Primary Account on your application for Online Banking or otherwise in writing to the Bank. If you include any of your BBVA Compass checking, savings or money market accounts as Online Accounts, one of those accounts must be designated as your Primary Account. If your subscription to Online Banking does not include any of your BBVA Compass checking, savings or money market accounts and you later add such an account to your subscription, the Bank automatically will re-designate this account as your new Primary Account.

3. Security Procedures

A. Security Codes

You will be provided an identification code for your initial use of Online Banking, during which use you will be required to select or create one or more alphanumeric passwords, usernames, questions with a matching answer, and/or other types of security techniques, all of which are referred to together and separately as your "Security Codes". The Bank requires you to use the Security Codes to gain access to Online Banking. From time to time, the Bank may require you to select or create different Security Codes and may change the types of security techniques used to access Online Banking. For certain Services, the Bank may require you to select or create additional Security Codes and/or use other security techniques that the Bank makes available to you. You agree that use of your Security Codes and any other required security techniques will authenticate your identity and verify the instructions you provide to us. You also agree that the Bank may send notices and other communications about its security techniques and your Security Codes, including designations and confirmations of specific Security Codes, to your current address and/or email address shown on the Bank’s records.

B. Your Obligations for Consumer Accounts

You are responsible for protecting the confidentiality and security of your Security Codes. You should memorize your Security Codes rather than writing them down and, where possible, change your Security Codes regularly. In selecting your Security Codes, you should select items that are different from any other security code that you may have for other BBVA Compass products or for other secure accounts you have with others. You agree to reveal the Security Codes only to individuals who are authorized signatories on each and every of your Online Accounts. You understand that anyone who obtains your Security Codes can access your Online Accounts and may initiate transactions on those accounts. If you permit any other person to use Online Banking, your Security Codes or other means to access your Online Accounts, you are responsible for all transactions the other person authorizes on any of these accounts and for all online agreements the other person signs or accepts while using Online Banking.

C. Your Obligations for Commercial Accounts

You agree that we may send notices and other communications, including Security Code confirmations, to the current address for your business shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that we will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.

In order to prevent unauthorized access to your Online Accounts and unauthorized use of the Services, you agree to maintain the confidentiality and security of the Security Codes, and to instruct all Administrators and Authorized Users also to maintain the confidentiality and security of the Security Codes. You agree to notify us immediately if you believe your Security Codes may have become subject to unauthorized use. We will have no liability to you for any unauthorized payment or transfer made using your Security Codes that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your Security Codes even without receiving such notice from you if we suspect your Security Codes are being used in an unauthorized or fraudulent manner. You recognize that anyone possessing the Security Codes can access your Online Accounts and initiate transactions on those Accounts. You agree that you are responsible for maintaining the confidentiality and security of all Security Codes, and for implementing the necessary internal controls, balancing and reconciliation functions, and audit procedures to protect your Online Banking subscription and all your Online Accounts from theft or misuse.

D. Commercially Reasonable Security Procedures for Commercial Accounts

You agree that the use of the Security Codes and other security techniques that the Bank has established for Online Banking constitutes a commercially reasonable security procedure for you. You agree to be bound by all requests, communications, or other instructions to the Bank that are initiated under your subscription to Online Banking and in compliance with this security procedure (including any transfer requests, electronic payment requests, stop payment orders and, if applicable, payment orders and requests for cancellation or amendment of payment orders for ACH entries and wire transfers), regardless of whether or not you or any Authorized User actually authorized the instruction. If any instruction initiated under your subscription to Online Banking and accepted by the Bank in compliance with this security procedure contains any error, to the full extent allowed by law you shall be liable for, and shall indemnify the Bank against any claims, losses and expenses the Bank may incur that arise from or relate to the erroneous instructions. The Bank’s records demonstrating compliance with this security procedure will be deemed conclusive proof that the payment order received by the Bank was authorized and that you are bound by those instructions.

4. Online Banking Services

The Services allow you to perform certain banking, transfer and electronic payment functions and to obtain certain bill delivery and account information in conjunction with your computer and any Software you may use. Although you may access Online Banking through your Software, some of the Services may not be available when you obtain access in this manner. To use the full range of Services, you must access Online Banking by signing in directly on the Bank's website at www.bbvacompass.com. From time to time, without prior notice, the Bank may add Services, eliminate Services, or otherwise modify the terms or features of any Services. When the Bank makes any such change, it may make available Online Terms for that Service, and the new or modified Online Terms for that Service will become part of this Agreement. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of Online Banking. Your continued use of Online Banking following the effective date of a change signifies your acceptance of the change.

Not all of the Services are available for or applicable to all types of Online Accounts. The Bank, in its sole discretion, will determine the specific types of Online Accounts for which any particular Service is available or applicable, as well as the terms on which each Service is made available or applicable to any specific type of account. For example, the Bank may determine that transfers cannot be made from certain credit accounts that are included as Online Accounts. From time to time, the Bank may change the types of Online Accounts for which any particular Service is available or applicable. The Bank reserves the right, to the fullest extent permitted by law, to refuse to make any particular Service available or applicable to any of your Online Accounts, even though the Service is available or applicable to other Online Accounts of the same type.

A. Transfers and Payments

i. Transfers within Bank

You may use this Service to transfer funds between those types of BBVA Compass Online Accounts for which this Service is available, subject to the following restrictions and conditions:

ii. Transfers from External Accounts

You may use this External Transfers Service, which also may be referred to as the Transfer from External Account Service, to make transfers to your BBVA Compass Online Accounts from accounts you own and hold at financial institutions other than BBVA Compass, as described below.

Definitions

By accessing or using this Service or by permitting another to access or use this Service, you agree to the terms and conditions for this Service. In addition to the following terms and conditions, the restrictions on transfers to or from BBVA Compass Online Accounts described in Section 4.A.i above also apply to this Service.

iii. Transfers to External Accounts

You may use this Consumer ACH Payment Service, which may also be referred to as the Transfer to External Account Service, to send payments via the Automated Clearing House network ("ACH") to a deposit account that is held at a financial institution other than BBVA Compass. You may request the Consumer ACH Payment Service and designate certain types of consumer BBVA Compass Online Accounts, including checking, savings and certain money market accounts, from which these payments will be made (the "ACH Account").By completing and submitting an ACH Request Form or permitting anyone to initiate a payment via ACH from the ACH Account, you agree to the terms and conditions of this Section.

This Section incorporates: (a) the designations and other information you provide in each ACH Request Form you complete and submit; (b) any instructions or additional information that may be provided to you regarding the Consumer ACH Payment Service by us or through Online Banking; and (c) the Entry Settlement Limit that we may separately communicate to you. Unless otherwise defined in this Agreement, all capitalized terms shall have the meaning given to them in the NACHA Operating Rules and Guidelines. This Section covers only ACH credit entries (which are transfers from your ACH Account to a deposit account held at another financial institution), and does not apply to the processing and transmission of ACH debit files, batches or items or other ACH credit entries, which may not be initiated under this Section or this Agreement.

Definitions

You may make payments via ACH through Online Banking, subject to the following restrictions and conditions:

iv. International Transfers

You may use this Secure Send International Money Transfer Service ("International Transfer Service") to remit funds to a pre-designated beneficiary at one of the Remittance Network Members, as determined by the Bank. "Remittance" means the transmission made through the International Transfer Service. You may use the International Transfer Service to initiate payments electronically from any of your BBVA Compass Online Accounts for which this Service is available. All capitalized terms not defined herein shall have the same meaning set forth in the BBVA Compass Remittance Services Agreement, unless otherwise stated.

Your use of the International Transfer Service will be governed by the Deposit Account Agreement, the BBVA Compass Remittance Services Agreement, the Agreement and Disclosure Statement for Online Banking, and all other terms and conditions in agreements governing accounts you have with us or services we provide to you, as applicable.

v. Send Payments and Checks

You may use this Send Payments and Checks Service, which may also be referred to as the Bill Pay or Bill Payment Service, to initiate payments electronically from any of your BBVA Compass Online Accounts for which this Service is available. You also may use this Service to receive electronic bills from your creditors.

Definitions

a. Bill Payment

You may use Bill Pay to make one-time or recurring payments from any of your BBVA Compass Online Accounts that is a checking account, subject to the following restrictions and conditions:

b. Electronic Bill Delivery

You may use Bill Pay to receive electronic bills from your creditors, subject to the following terms and conditions:

vi. Popmoney®

You may use this Popmoney Service, which may be referred to as the Popmoney Service, to send, receive, and request payments through the system described below.

Definitions:

By using this Service or by accessing or permitting another to access your Transaction Account, you agree to the terms and conditions for this Service.

vii. Domestic Wire Transfers for Consumer Accounts

You may use this Wire Transfers for Consumer Accounts Service (the "Wire Transfer Service") to initiate outgoing domestic wire transfers from certain types of consumer BBVA Compass Online Accounts, including checking, savings and money market accounts. Each BBVA Compass Online Account from which the Bank allows you to initiate wire transfers is referred to as a "Wire Transfer Account." From time to time, the Bank may allow wire transfers to be initiated from additional types of BBVA Compass Online Accounts, and any such additional types of BBVA Compass Online Accounts will be automatically included in the Wire Transfer Accounts that you may access through the Wire Transfer Service.

This Section incorporates any instructions or additional information that may be provided to you regarding the Wire Transfer Service by us or through Online Banking. This Section covers only outgoing wire transfers, and does not apply to the processing and transmission of incoming, drawdown or any other wire transfers, which may not be initiated under this Section of this Agreement.

You may initiate payment orders for domestic wire transfers through Online Banking, subject to the following restrictions and conditions:

viii. Payments to BBVA Compass Credit Lines

You may use the Credit Line Payments Service to make payments on your BBVA Compass credit card account, your BBVA Compass home equity line of credit account, or any other BBVA Compass loan or line of credit for which we make this service available. Payments through this Service will be made using funds debited from an Online Account for which this Service is available through the system described below.

Definitions

Credit Line Payments

We may offer you the option to use the Credit Line Payment Service to make one-time or recurring payments on your Credit Line Account using funds debited from your Credit Line Payment Account, subject to the following restrictions and conditions:

B. Other Services

i. Online Account Information

You may use this Service to obtain balances and other information about those of your BBVA Compass Online Accounts for which this Service is available ("Online Account Information"), and to download Online Account Information into your Software, subject to the following terms and conditions:

ii. Online Check Images

You may view images of the checks and deposit slips for your BBVA Compass Online Accounts that are checking, money market, or savings accounts by accessing Online Banking through the Bank's website.

iii. Online Statements and E-Notices

You may view online statements for those types of your BBVA Compass Online Accounts for which this Service is available. To view your online statements, you must access Online Banking through the Bank's website. If you choose to receive only online statements for any BBVA Compass Online Account and ask us to stop sending any paper statement on that account, we may use the email address you have given the secure message Service described below, or otherwise use Online Banking (i) to notify you when each statement for that BBVA Compass Online Account becomes available online, and (ii) to provide other notices and disclosures about that BBVA Compass Online Account to you.

iv. Secure Email with the Bank

You may use this Service to send and receive secure electronic messages to and from the Bank. In order to use this Service, you must be logged in to Online Banking, either through your Software or by logging in directly on the Bank's website. From time to time, the Bank may send unsecured electronic mail to your email address to notify you that certain information is available. The Bank will never ask you to send personal information, such as account numbers and passwords, to the Bank in an unsecured email. If you wish to send personal information to the Bank, you should send a secure message using this Service. You should never send personal information in an unsecured email. The Bank may not immediately receive electronic mail that you send. Therefore, do not rely only on electronic mail if you need to communicate with the Bank immediately. If you need to contact the Bank immediately, use the contact information provided in Section 8.C of this Agreement or on the Bank's website. The Bank will not take actions based on your electronic mail requests until the Bank actually receives your message and has a reasonable opportunity to act.

v. Alerts

You may request and receive from the Bank any of the alerts made available through this Service by making alert selections within the Bank’s Online Banking web site. The Bank may add new alerts or discontinue existing alerts at any time. According to your selections, we will send alerts to the email address or mobile number you provide to us in Online Banking. Message and data rates may apply from your telecommunications provider, and you are responsible for any such charges.

It is solely your responsibility to ensure that the email address and mobile number you provide to the Bank are current and accurate. If information from your wireless carrier indicates to us that the mobile number you have provided has been changed or is no longer registered to you, we will automatically stop delivery of any alerts to that number. In that event, you must update your mobile number in Online Banking before alerts can be delivered to a mobile number again. Should you wish to receive alerts to your mobile phone number after opting out of the Service, you must update your mobile number in Online Banking before alerts can be delivered to a mobile number again. Your failure to maintain current and accurate contact information with us will prevent delivery of alerts through this Service, for which the Bank expressly disclaims any liability.

Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. The Bank does not guarantee either the delivery or the accuracy of the contents of any alert. The Bank will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes. Because the balance of some BBVA Compass Online Accounts is subject to change at any time, the information provided in any alert may become quickly outdated. Alerts are not encrypted. You acknowledge that, although the Bank may show less than the full account number for any of your BBVA Compass Online Accounts in an alert, the alert may include your name and some information about your BBVA Compass Online Accounts. Depending on where you instruct us to send your alerts, anyone with access to your email or mobile device may be able to view the contents of these alerts. If you request through this Service to be notified when an account is closed, you acknowledge and agree that we may deliver that alert to you when your account is closed. In the event you request that we close an account or your Online Banking profile, you acknowledge and agree that we may continue to send you alerts associated with that account or your Online Banking profile for a reasonable time thereafter until the closure process is completed.

vi. Stop Payment Requests

You may use this function to request the Bank to stop any payment on a check drawn on any of your BBVA Compass Online Accounts (regardless of whether that payment was scheduled through Bill Pay). You should submit any stop payment request as soon as possible. If the payment that you wish to stop was scheduled through Bill Pay, please refer to Section 4.A.iv of this Agreement for additional information. The charge for each stop payment request submitted through Online Banking will be the fee provided in Section 8.A. below, instead of any charge provided in an Account Agreement. This fee will be charged regardless of whether the Bank is able to stop the payment. If you submit a stop payment request by calling the Bank, the charge will be the fee provided in the applicable Account Agreement, instead of the charge provided in Section 8.A. below. In addition to the terms provided in this Agreement, stop payment requests are governed by the applicable terms and conditions in your Account Agreement.

vii. Personal Financial Management

This Service is an Internet account aggregation service offered to you by BBVA Compass, through our Service Provider, Yodlee.com, Inc. ("Yodlee"). The Service allows you to aggregate personal financial and other information from BBVA Compass, its subsidiaries and affiliates, third party financial institutions, and/or other third parties that you can access through the Internet, and to view that information at one website through the use of a single username and password. You cannot use the Service to make transactions or transfer funds.

Information about all of your BBVA Compass Online Accounts is automatically added to the Service. You may also add information about accounts you maintain at other institutions and that are accessible through the Internet ("Third Party Accounts").

The Service allows you to view information about FDIC-insured deposit products (such as checking, savings and money market accounts), non-FDIC insured products (such as brokerage or 401K accounts), and non-financial products (such as frequent flyer miles). Including information about an account or product in the Service does not mean that the account or product is a BBVA Compass account, product or other obligation or that the account or product is insured by the FDIC.

a. Use of the Service

You agree to use the Service only as permitted by this Agreement. We may terminate your access to the Service if any conduct on your part constitutes a violation of this Agreement. In order to use the Service, you must be at least 18 years old, a United States resident and legally capable to enter into contracts.

b. Liability and Warranties

c. Termination

d. Assignment

You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of your and our successors and assigns. You agree not to resell or make any commercial use of the Service.

e. Yodlee

You acknowledge and agree that Yodlee is a third party beneficiary of Section 4.B.vii.b above.

C. Additional Services for Commercial Accounts Only

i. Wire Transfers for Commercial Accounts

We offer you the option to initiate outgoing domestic wire transfers from certain types of BBVA Compass Online Accounts, including commercial checking, savings and money market accounts (the "Wire Transfer Service"). Each BBVA Compass Online Account from which the Bank allows you to initiated wire transfers is referred to as a "Wire Transfer Account." From time to time, the Bank may allow wire transfers to be initiated from additional types of BBVA Compass Online Accounts, and any such additional types of BBVA Compass Online Accounts will be automatically included in the Wire Transfer Accounts that you may access through the Wire Transfer Service.

You may request the Wire Transfer Service by completing and submitting a Wire Transfer Request Form. By completing and submitting a Wire Transfer Request Form or permitting anyone to initiate a payment order for a wire transfer from a Wire Transfer Account, you agree to the terms and conditions of this Section.

This Section incorporates: (i) the designations and other information you provide in each Wire Transfer Request Form you execute through Online Banking; (ii) any instructions or additional information that may be provided to you regarding the Wire Transfer Service by us or through Online Banking; and (c) the Call-Back Amount that we will separately communicate to you. This Section covers only outgoing wire transfers, and does not apply to the processing and transmission of incoming, drawdown or any other wire transfers, which may not be initiated under this Section or this Agreement.

You may initiate payment orders for domestic wire transfers through Online Banking, subject to the following restrictions and conditions:

ii. ACH Payments for Commercial Accounts

We offer you the option to send employee, tax and vendor payments via the Automated Clearing House network ("ACH") through your subscription to Online Banking (the "ACH Payment Service"). You may request the ACH Payment Service and designate the single commercial checking account among your BBVA Compass Online Accounts from which these payments will be made (the "ACH Account"). By completing and submitting an ACH Request Form or permitting anyone to initiate a payment via ACH from the ACH Account, you agree to the terms and conditions of this Section.

This Section incorporates: (a) the designations and other information you provide in each ACH Request Form you complete and submit; (b) any instructions or additional information that may be provided to you regarding the ACH Payment Service by us or through Online Banking; and (c) the Prepaid Entry Settlement Limit that we will separately communicate to you. Unless otherwise defined in this Agreement, all capitalized terms shall have the meaning given to them in the NACHA Operating Rules and Guidelines. This Section covers only ACH credit entries, and does not apply to the processing and transmission of ACH debit files, batches or items or other ACH credit entries, which may not be initiated under this Section or this Agreement.

Definitions

You may make payments via ACH through Online Banking, subject to the following restrictions and conditions:

EXCEPT AS REQUIRED BY LAW, THE BANK MAKES NO REPRESENTATIONS, WARRANTIES, AGREEMENTS, OR GUARANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (I) ANY REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE ACH PAYMENT SERVICE PROVIDED BY THE BANK TO YOU; (II) ANY WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE AS ADOPTED IN THE STATE IN WHICH THE BANK MAINTAINS YOUR ACCOUNTS; (III) ANY WARRANTIES WITH RESPECT TO COMPLIANCE WITH THE ELECTRONIC FUNDS TRANSFER ACT OR REGULATION E OF THE FEDERAL RESERVE BOARD; (IV) ANY RULE OR REGULATION OF ANY AUTOMATED CLEARING SYSTEM; OR (V) ANY STATE ELECTRONIC FUND TRANSFER STATUTE OR REGULATIONS.

iii. Designating and Managing Users

As long as your Online Accounts include at least one commercial BBVA Compass Online Account and you access Online Banking through the Bank’s website, you may administer use of the Services through a "Primary Administrator". If you are a sole proprietor, you will serve as the Primary Administrator. If you are a business entity, the Primary Administrator must be an individual who is authorized by resolution to serve in this position. The Primary Administrator is entitled:

If you desire to change the Primary Administrator, you must provide prior written notice of the change to the Bank, and this notice must be signed by the new Primary Administrator.

5. Rewards

A. Simple Cash BackSM

The BBVA Compass Simple Cash Back program (the "Program") is a promotional program offered by BBVA Compass that permits Online Banking users to receive offers for Rewards to be provided by Participating Merchants through the Online Banking Service, as described below. BBVA Compass reserves the right to disqualify Online Banking users who violate the following terms or any Online Terms for the Program, as they may be changed from time to time. We do not share individually identifiable information with merchants as part of Simple Cash Back, and you may choose to opt-out of receiving offers for Rewards as provided in "Your Right to Opt-Out."

Definitions

Your participation in the Program or your receipt of any Reward offered through the Program constitutes your acceptance of and agreement to the terms of the Program. The Program is offered at our sole discretion and we have no obligation to continue the Program or to make the Program available to you. We reserve the right to change, suspend or terminate the Program, in whole or in part, at any time in our discretion, as described more fully below in "Termination; Changes to the Program."

B. CompassPoints

CompassPoints is a promotional rewards program ("Program") offered by BBVA Compass. In this Program, "you" or "your" means everyone that may be a business or consumer accountholder (joint or otherwise) on a BBVA Compass Credit Card, Check Card, Optimizer Secured Credit Card, Safe Spend Prepaid Card, or BBVA Compass Select credit cards. BBVA Compass reserves the right to disqualify any individual or joint account holders who violate the following terms, any Online Terms for the Program, any Program rules, terms, or conditions posted on the Websites listed below) or otherwise disclosed by BBVA Compass. CompassPoints® is a registered trademark of Compass Bank.

6. Liability Provisions for Consumer Accounts

A. Your Liability for Consumer Accounts

You are responsible for all transfers and payments you initiate or authorize using Online Banking. If you disclose your Security Codes to any person, allow any person to obtain your Security Codes, or permit any person to use Online Banking, you will have authorized that person to access your Online Accounts and you are responsible for any transactions that person initiates or authorizes from your Online Accounts and any agreements or disclosures that person accepts or acknowledges electronically through Online Banking.

Notify the Bank at once if you believe any of your BBVA Compass Online Accounts have been accessed or any of your Security Codes have been used without your authorization. Contacting the Bank immediately by telephone is the best way of keeping your possible losses down. For any BBVA Compass Online Account that is a consumer account, you could lose all the money that is in your account, plus any amount available under an overdraft line of credit. You can lose no more than $50 if you notify the Bank within two (2) Business Days of discovering any unauthorized use of Online Banking or any loss, theft or unauthorized access to your Security Codes. However, you can lose as much as $500 from any such consumer account if you do not notify the Bank within two (2) Business Days after discovering the unauthorized use or access and the Bank can prove that it could have prevented the unauthorized use had it been notified. Also, notify the Bank immediately if any periodic statement shows a transaction on a BBVA Compass Online Account that you did not make. For any BBVA Compass Online Account that is a consumer account, if you do not notify the Bank within sixty (60) days after the statement was sent or otherwise made available to you, you may not receive back any money you lost after the sixty (60) day period if the Bank can prove that it could have prevented the unauthorized use had it been notified. You could lose all the money in your consumer accounts if the Bank can establish that it could have prevented those losses if you had given notice to the Bank in time. If a good reason, such as extended travel or hospitalization, prevents you from promptly notifying the Bank of unauthorized use of consumer accounts, the time periods specified in this Section may be extended to reasonable periods.

B. Bank's Liability for Consumer Accounts

The Bank is responsible for damages you incur in connection with any of your BBVA Compass Online Accounts that is a consumer account if the damages were directly caused by the Bank's failure to complete any transfer or bill payment you have properly requested through Online Banking in accordance with this Agreement, the applicable Account Agreements, and applicable law. However, the Bank will not be liable under certain circumstances, including:

There may be other exceptions to the Bank's liability as stated in this Agreement and your Account Agreements and as provided by applicable law. Except as otherwise provided by applicable law, neither the Bank, its service providers, nor their respective affiliates shall be liable to you or any other person under any circumstances for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including attorneys' fees and lost profits (even if advised of the possibility of such damages) that arise in any way out of your use of Online Banking or the installation, use, or maintenance of your computer or Software.

C. Error Resolution for Consumer Accounts

In case of errors or questions about transfers or bill payments initiated through Online Banking to or from any consumer BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-273-1057, or write the Bank at:

BBVA Compass
Online Banking Support
1300 Maco Drive
Pharr, Texas 78577

In case of errors or questions related to transfers or payments initiated through Online Banking to or from any consumer BBVA Compass Credit Card or Home Equity Line of Credit account that is a BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-239-5175 for Credit Card accounts and 800-239-1996 for Home Equity Line of Credit Accounts, or write the Bank at:

Credit Card Accounts:

BBVA Compass
Compass Credit Online Customer Service Department
P.O. Box 2210
Decatur, AL 35699

Home Equity Line of Credit Accounts:

BBVA Compass
Compass Credit Online Customer Service Department
P.O. Box 830629
Birmingham, AL 36596

If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after the Bank sent or otherwise made available to you the FIRST statement on which the problem or error appeared. If you only request more information about a transfer, you must contact the Bank about any suspected error related to that transfer within sixty (60) days after the Bank sends or delivers the requested information to you.

You should give us the following information:

If you tell the Bank orally, the Bank may require that you send it your inquiry or question in writing within ten (10) Business Days. The Bank will tell you the results of its investigation within ten (10) Business Days after it hears from you and will correct any error promptly. If the Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or questions. If the Bank decides to do this, the Bank will provisionally credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) Business Days, the Bank may not credit your account.

For errors involving new accounts, the Bank may take up to ninety (90) days to investigate your complaint or question. For new accounts, the Bank also may take up to twenty (20) Business Days to credit your account for the amount you think is in error.

The Bank will tell you the results within three (3) Business Days after completing its investigation. If the Bank decides that there was no error, the Bank will send you a written explanation. You may ask for copies of the documents that the Bank used in its investigation.

7. Liability Provisions for Commercial Accounts

A. Your Liability for Commercial Accounts

You agree that the Bank is entitled to rely on and deem the use of your Security Codes to gain access to Online Banking as your authorization for every transaction involving any commercial BBVA Compass Online Account until you have notified the Bank of any possible unauthorized use or transactions. Neither BBVA Compass nor its service providers or affiliates will have any liability to you for any unauthorized bill payment or transfer made using your Security Codes that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. Authorization of transfer requests and bill payment requests through Online Banking by means of your Security Codes shall be considered the same as your signed authorization and instruction for the Bank to perform any and all actions relating to the requested transaction. You agree to be bound by any transaction on any of your commercial BBVA Compass Online Accounts using Online Banking that is initiated by means of your Security Codes and accepted by the Bank in accordance with the security procedure outlined in this Agreement or disclosed to you online, regardless of whether or not you actually authorized the transaction. You agree not to attempt to use Online Banking to make a transfer if you have reason to believe this Service is not functioning properly.

B. Limitation of Liability for Commercial Accounts

Notwithstanding any other provision in this Agreement, and to the fullest extent permitted by applicable law, neither the Bank, its service providers nor any of their affiliates shall be liable, and you release and waive any and all claims against all of them, for any and all losses, damages or costs incurred by you or by any other person, arising from or relating to any acts or omissions of the Bank, its service providers or their affiliates, whether under this Agreement or otherwise, in connection with Online Banking or any commercial BBVA Compass Online Account (including, but not limited to, improper calculation or processing; transfer of funds or failure to transfer; dishonor or failure to dishonor; payment, stop payment, or failure to pay or stop payment; processing of electronic transfer entries; or loss or delay of electronic transfer entries, items, instruments, input data and materials during transfer to or from the Bank) unless you prove that such losses, damages or costs resulted solely from the Bank's bad faith or gross negligence or from breach of this Agreement; provided, however, to the fullest extent permitted by applicable law, neither the Bank, its service providers nor any of their affiliates shall be liable to you or any other person for any of the following:

Your sole remedy under this Agreement for any errors by the Bank in completing any transfer or bill payment you have properly requested through Online Banking in accordance with this Agreement, the applicable Account Agreements, and applicable law shall be limited as follows:

The limitations on the liability of the Bank, its service providers and their affiliates provided in this Agreement are in addition to, and shall not diminish, any limitations on this liability contained in any applicable Account Agreement or any other agreement between you and the Bank.

C. Error Resolution for Commercial Accounts

You agree to act in a prompt and reasonable manner in reviewing any account statement, notice or other communication we send to you and in reporting any error to us. You will have acted in a prompt and reasonable manner if you notify us of any error or other exception related to Online Banking within thirty (30) days after we mail or email you a statement of your account or notice that your statement is available online. In case of errors or questions about transfers or bill payments initiated through Online Banking to or from any commercial BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-273-1057, or write the Bank at:

BBVA Compass
Online Banking Support
1300 Maco Drive
Pharr, Texas 78577

In case of errors or questions related to transfers or payments initiated through Online Banking to or from any BBVA Compass Business Credit Card that is a BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-239-5175, or write the Bank at:

BBVA Compass
Compass Credit Online Customer Service Department
P.O. Box 2210
Decatur, AL 35699

You should give us the following information:

We will investigate your claim and respond to your request in a commercially reasonable period of time. If you phone us, we may request that you give us the information in writing.

8. Other Terms and Conditions

A. Charges for Online Banking

Fees for Online Banking are based on whether your BBVA Compass Online Accounts are consumer or commercial accounts, and on the specific Services you choose to receive.

i. Monthly Fee.

You agree to pay the applicable monthly fee (if any fee applies) for any Online Banking Services you receive (the "Monthly Fee"). If a Monthly Fee applies to any specific Service you receive, the monthly fee for that Service will be charged regardless of whether or not you use that Service during any given month.

ii. Usage Based Fees.

You also agree to pay any applicable fee that is based on your usage of a particular Service (each, a "Usage Fee"). For example, a Usage Fee may be based on the number of stop payments you request, the number of check images you view during a period of time, or the number of Wire Transfers you initiate.

iii. About Fees Generally.

Fees are shown in the Bank's schedule of service charges for Online Banking attached hereto, which may be revised from time to time as provided in Section 8.H below. You authorize the Bank to deduct any applicable Monthly Fee from your Primary Account. You authorize the Bank to deduct any applicable Usage Fee from the BBVA Compass Online Account from which the Usage Fee arises. If the funds in your BBVA Compass Online Account from which any Online Banking fee is to be deducted are insufficient to pay the fees, you authorize the Bank to deduct these fees from any of your other BBVA Compass Online Accounts included within this subscription and/or any other account you have with the Bank. The Bank may revise its schedule of service charges for Online Banking to add, remove, increase or decrease the amount of, or otherwise revise any fee at any time, as provided in Section 8.H of this Agreement. In addition to the fees provided in this Agreement, the service charges and fees provided for in the Account Agreement for each BBVA Compass Online Account will continue to apply.

B. Periodic Statements

For any of your BBVA Compass Online Accounts to or from which any transfer or electronic payment initiated through Online Banking has been made during a particular monthly cycle, the Bank will deliver to you a periodic statement for that cycle. For all your other BBVA Compass Online Accounts to or from which any transfer or electronic payment may be initiated through Online Banking, you will receive a periodic statement at least quarterly. In addition to reflecting your other account activity, your statements will include a description of any completed transfers or electronic payments you authorized using Online Banking. You agree that you are responsible for reviewing promptly each periodic statement on an Online Account in order to detect any unauthorized transactions.

C. Reporting Unauthorized Transactions or Disclosure of your Security Codes

If you believe that any of your Security Codes are subject to unauthorized use or that an unauthorized transaction may be or has been made through Online Banking, telephone the Bank immediately at: 800-273-1057. If you are unable to call, you may also write the Bank at:

BBVA Compass
Online Banking Support
1300 Maco Drive
Pharr, Texas 78577

Additionally, if you believe that any of your Security Codes are subject to unauthorized use or that an unauthorized transaction may be or has been made from any third party account (i.e., non-BBVA Compass account), you agree to contact the financial institution offering that account immediately at the phone number or address it has provided to you for such notification. You agree to take any reasonable actions requested by the Bank to prevent unauthorized transactions to any of your Online Accounts, including changing your Security Codes.

D. Confidentiality of Information about Online Accounts

We may disclose information to third parties about your Online Accounts and the transfers, bill payments and other Services you request through Online Banking in the following situations:

For more information about our privacy and security practices, please review our Consumer Privacy Disclosure, which describes our practices for using information about consumer Online Accounts, and our Online Security Statement. We may modify these documents from time to time, and the current versions of both are available on our website.

E. Information Authorization

We reserve the right to refuse or cancel your enrollment in Online Banking if we cannot verify your identity or confirm information about you. You agree that we and any service provider we use to provide any electronic payment or transfer Services to you may obtain a credit report on you at any time from any credit reporting agency. In addition, you authorize each Biller to provide us with any information regarding you or your account with that Biller that we may request.

F. Dispute Resolution

i. Subsection i applies if you reside in a state other than California and we do not maintain your account in California

ARBITRATION

By opening or maintaining the account, you agree that if a dispute, claim or controversy of any kind arises out of or relates to this Agreement or to your account or any transactions involving your account, or any service or product related to your account, either you or we can choose to have that dispute resolved by binding arbitration. This arbitration provision limits your ability to litigate claims in court and your right to a jury trial. You should review this section carefully. You will not have the right to participate as a class representative or member of any class of claimants for any claim subject to arbitration. Arbitration is a more informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence and then issue a binding ruling in the form of an award. You and we understand that discovery and other procedures in arbitration may be more limited than discovery in court proceedings and that the ability to modify, vacate, or appeal an award by an arbitrator(s) is strictly limited.

You and we agree, upon written demand made by you or us, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to (a) this Agreement, your account, any transaction involving your account, any service or product related to your account, or any advertisements, promotions, or oral or written statements related to this Agreement or your account, (b) the relationships that result from this Agreement (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this arbitration provision), or (c) the validity, interpretation, scope or enforceability of this Agreement or the interpretation or scope of the Arbitration Clause (collectively, a "Claim"). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court. At the option of the first to commence arbitration, you or we may choose to have the arbitration conducted by JAMS ADR ("JAMS") or the American Arbitration Association ("AAA"), or you and we may agree upon a different arbitrator. In any event, any arbitration under this Agreement shall be conducted in writing in accordance with the applicable arbitration rules of the arbitrator or arbitration organization ("Rules"). If an arbitrator other than the AAA is chosen, the Rules of the AAA will be applied to any circumstance that is not addressed by the Rules of the chosen arbitrator. In the event of any inconsistency between this Agreement and the Rules to be used for arbitration, such inconsistency shall be resolved in favor of this Agreement. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.

Either you or we may initiate arbitration by giving written notice of the intention to arbitrate to the other party and by filing notice with JAMS or the AAA in accordance with the Rules in effect at the time the notice is filed. The notice shall set forth the subject of the dispute and the relief requested, at a minimum. The demand for arbitration may be made before or after commencement of any litigation. You should contact the AAA at 800-778-7879 or www.adr.org or JAMS at 800-352-5267, www.jamsadr.com for more information about arbitration. If for any reason the AAA or JAMS is unable or unwilling to serve as arbitration administrator, or you and we are unable to agree on another arbitrator, we will substitute another national or regional arbitration organization.

Demand for arbitration under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or similar other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of this Agreement.

You cannot join together in a dispute with anyone other than persons who use your account. Even if other people have disputes similar to a dispute that you and we have, those people and their disputes cannot be part of any arbitration between you and us. A Claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us, and a Claim may not be arbitrated on a class action, private attorney general, or other representative basis. Notwithstanding anything to the contrary in this Agreement, any dispute regarding the prohibitions in this paragraph or about the enforceability of the arbitration clause shall be resolved by a court and not by the arbitrator(s).

Where the aggregate of all Claims by both you and us does not exceed $250,000, any expedited procedures provided in the Rules ("Expedited Procedures") shall apply and a single arbitrator shall decide the Claims. Where the aggregate of all Claims by both you and us exceeds $250,000, a panel of three arbitrators shall decide all Claims. Each arbitrator, whether or not acting under Expedited Procedures, shall be an active member in good standing of the bar for any state in the continental United States and shall be either: (a) actively engaged in the practice of law for at least 5 years or (b) a retired judge.

You and we agree that the arbitrator(s): (a) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; (b) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (c) shall have authority to grant relief only with respect to Claims asserted by or against you individually; (d) shall not have any authority to require, as part of any relief granted, that you and we continue any relationship we may have under this Agreement or otherwise; and (e) shall provide a brief written explanation of the basis for the award upon the request of either party and shall make specific findings of fact and conclusions of law to support any arbitration award that exceeds $25,000. Upon written request by you, for claims up to $50,000, we will pay to the AAA or JAMS the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live.

Upon written request by you, we may elect, at our sole discretion, to pay or advance some or all of any remaining arbitration fees and other costs. The arbitrator will decide whether we or you ultimately will be responsible for paying any filing, administrative or other fees in connection with the arbitration. If you are the prevailing party in the arbitration, the arbitrator(s) also may order us to pay some or all of your attorney, expert, and/or witness fees. Any arbitration proceedings shall be conducted in the federal judicial district where we maintain your account. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction.

If you or we are seeking to bring a joined, consolidated, or class action and if the portion of this arbitration provision that prohibits the arbitration of joined, consolidated, or class actions is deemed invalid or unenforceable, then the entire arbitration provision shall be void and unenforceable and severed from the rest of this Agreement. If any portion of this arbitration provision other than the prohibition against the arbitration of joined, consolidated or class actions is deemed invalid or unenforceable, then that portion will be severed and the remaining portions of this arbitration provision will remain valid and enforceable including the prohibition against the arbitration of joined, consolidated or class actions. Nothing in this arbitration provision shall limit your or our right, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us. This arbitration provision shall survive termination of this Agreement and the closing of your Account.

WAIVER OF JURY TRIAL

This provision limits your rights to a jury trial. You should review this section carefully. If (i) neither you nor we seek to compel arbitration of any dispute we have related to this Agreement, your account, or any transactions involving your account, or (ii) some or all of the arbitration clause is unenforceable and we are in a dispute in a court of law, then each of us agrees to waive any right we may have to a jury trial to the extent allowable under the laws of the state that govern this Agreement.

Attorneys’ Fees. In any action between you and us in court, the prevailing party shall be entitled to recover its reasonable attorneys’ fees expended in the prosecution or defense of the court action from the other party.

ii. Subsection ii applies if you either reside in California or we maintain your account in California

JUDICIAL REFERENCE & WAIVER OF JURY TRIAL

By opening or maintaining the account, you agree that if a dispute, claim or controversy of any kind arises out of or relates to this Agreement or to your account or any transactions involving your account, or any service or product related to your account, it will be resolved by judicial reference pursuant to the provisions of the California Code of Civil Procedure, Sections 638-645.1 inclusive, unless the dispute, claim or controversy is part of a class action. This judicial reference provision limits your ability to litigate claims in court and your right to a jury trial. By agreeing to judicial reference, you and we waive, and shall not have, any right to a jury trial. You should review this section carefully. Judicial reference is a proceeding in which disputes are decided by a judicial referee who receives the evidence at a hearing and then issues a statement of decision upon which a judgment is based. You and we agree that the referee shall have the power to decide all issues of fact and law and report his/her statement of decision hereon, and to issue all legal and equitable relief appropriate under the circumstances before him/her.

Either you or we may initiate judicial reference by giving written notice of the intention to initiate judicial reference to the other party and by proceeding in accordance with California Code of Civil Procedure Section 638.

You and we agree, upon written demand made by you or us, to submit to judicial reference all disputes, controversies, and claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, the account, any transaction involving the account, any service or product related to your account, or any advertisements, promotions, or oral or written statements related to this Agreement or the account, the relationships that result from this Agreement (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this judicial reference provision), or the validity, interpretation, and scope of this Agreement (collectively, a "Claim"). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court.

You and we agree that a single referee who is a retired California state or federal court judge shall be appointed by the court pursuant to California Code of Civil Procedure 640 and shall preside over the reference proceeding and try all issues, whether of fact or law. If the parties are unable to agree upon a referee within ten (10) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed pursuant to the California Code of Civil Procedure, Sections 638 and 640, including submitting to the court up to three nominees who are retired state or federal court judges.

You and we shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge.

Demand for judicial reference under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the claim also is barred in judicial reference. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the judicial reference of any Claim shall be decided by the judicial referee in accordance with the provisions of this Agreement.

A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the judicial reference proceedings between you and us. Any such claim will be resolved in a court of proper jurisdiction.

Nothing in this judicial reference provision shall limit the right of you or us, whether before, during, or after the pendency of any judicial reference proceeding, to exercise any self-help remedies, such as set off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand judicial reference at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us.

You and we agree that the referee shall not have any authority to require, as part of any relief granted, that you and we continue any relationship we may have under this Agreement or otherwise; and shall provide a statement of decision stating the disposition of each claim and a concise written explanation of the basis for the award. The referee’s statement of decision shall contain written findings of fact and conclusions of law, and the court shall enter judgment thereon pursuant to California Code of Civil Procedure Sections 644(a) and 645. The decision of the referee shall then be appealable as if made by the court.

Unless inconsistent with applicable law, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the judicial reference. Except for any filing fee if you initiate judicial reference proceedings, we will pay all of the remaining judicial reference fees and other costs, including the referee’s fees where required by law. The referee will decide whether we or you ultimately will be responsible for paying any fees or other costs in connection with the judicial reference. Any judicial reference proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. Judgment upon any statement of decision rendered in judicial reference may be entered by the court that appointed the judicial referee or any other court with jurisdiction.

If any portion of this judicial reference provision is deemed invalid or unenforceable, the remaining portions of this judicial reference provision will remain valid and enforceable. This judicial reference provision shall survive termination of this Agreement and the closing of your Account.

Attorneys’ Fees. In any action between you and us regardless of whether it is proceeding in court or in judicial reference, unless inconsistent with applicable law, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the matter.

G. Hours of Operation

You can use Online Banking 24 hours a day, seven days a week, subject to regular daily maintenance periods and any special maintenance periods.

H. Changing this Agreement

The Bank may change this Agreement from time to time, as follows:

  1. i. Changes to the Online Terms and changes necessary to maintain or restore the security of Online Banking or your Online Accounts may be made immediately and without prior notice to you.

  2. ii For changes that result in increased fees for, fewer types of, stricter limitations on the dollar amount or frequency of, or increased liability to you for transfers or bill payments through Online Banking, the Bank will notify you prior to the change, as required by applicable law. Notice may be given as provided in Section 8.N below.

  3. iii For changes not described in Subsections i and ii above, the Bank may notify you as provided in Section 8.N below.

Any change will begin to apply upon the effective date of the change, and will apply only to your future use of Online Banking. Your continued use of Online Banking following the effective date of a change signifies your acceptance of the change.

I. Termination

Either you or the Bank may terminate this Agreement in its entirety or with respect to any one or more Services at any time upon written notice to the other party. The Bank may notify you as provided in Section 8.N. If you do not use Online Banking for twelve (12) consecutive months, we will consider such non-use as notice that you have terminated your subscription to Online Banking. If you do not access the Bill Pay Service to pay a bill for six (6) consecutive months, we will consider such non-use as notice that you have terminated your Bill Pay service. You also may terminate this Agreement in its entirety or any one or more Services at any time by calling 800-273-1057. If you terminate Online Banking, you authorize us to continue making any transfers and electronic payments you have previously authorized through Online Banking until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice (including termination by non-use, as provided above), we will make no further transfers or electronic payments from your Online Accounts, regardless of whether you previously have authorized them through Online Banking. If the Bank terminates your use of Online Banking, the Bank reserves the right to make no further transfers or electronic payments from your Online Accounts, including any transfers or electronic payments you previously have authorized through Online Banking. The provisions of this Agreement that relate to any obligation or liability arising prior to termination, or the resolution of any dispute regarding such obligation or liability, shall survive termination of the Agreement. By way of example and without restricting the foregoing, Section 6.A and 6.B, 7.A and 7.B, 8.A and 8.F shall survive termination of this Agreement.

J. Changes to Your Contact Information

It is solely your responsibility to assure that the contact information you have provided to us in connection with your use of Online Banking is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. You may make changes to your email address or some of your other contact information by logging into Online Banking through the Bank's website. To change the other contact information, you must contact Customer Service (as provided in Section 8.C) to make other changes to your user profile. The Bank shall have no liability for any payment processing errors or any fees you may incur as a result of inaccurate or outdated contact information for you.

K. General Provisions

The validity, construction and enforcement of this Agreement shall be governed by the laws of the state in which your Primary Account was opened, without regard to its conflicts of laws, and by applicable federal laws and regulations. To the extent permitted by applicable law, if any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect and, if practicable, the invalid or unenforceable provision will be reformed to achieve its intended purpose. The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver by the Bank on any one occasion shall not be construed as a bar or waiver of its rights or remedies on future occasions. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

L. Assignment and Service Providers

You may not assign this Agreement or your rights or responsibilities under this Agreement to any other party, and any attempted assignment shall be null and void. The Bank may assign this Agreement to any affiliated entity or any successor. The Bank also may assign or delegate any or all of its rights and responsibilities under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or enforced by either the Bank or its service provider. Any reference in this Agreement to the Bank also shall be considered a reference to any service provider performing services under this Agreement on behalf of the Bank.

M. Exclusions of Warranties

All of the Services available through Online Banking are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

N. Notice and Consent Regarding Electronic Communications

Notice

Unless otherwise required by law, we may provide notice to you either by mail or electronically. If we choose to provide the notice to you by mail, we may mail it separately or with other information to any address on our records for you. If we choose to provide notice electronically, we may send the notice either (i) to one or more of the email addresses we have in our records for you for any of your Online Banking profiles, or (ii) through Online Banking so that you receive the notice if you log in through the BBVA Compass website or when you select a Service to use. You accept responsibility to assure that the contact information in your Online Banking profile is always current and accurate, as required by Section 8.J of this Agreement.

Consent For Electronic Communications

You authorize us, at our discretion, to provide the following to you electronically:

For any Account Communication or Online Banking Communication that we provide to you electronically, we have no obligation to provide you or any other owner or authorized signatory on the related Online Account with a paper copy of that Communication unless and until your consent for electronic Communications is withdrawn as described below. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Account Communication or Online Banking Communication.

How Electronic Communications Will Be Provided

All Account Communications and Online Banking Communications that we provide to you electronically will be provided either (1) by e-mail, (2) by access to a website that we will designate in an email notice we send to you at the time the information becomes available, or (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose.

How To Withdraw Your Consent For Electronic Communications

For Electronic Account Communications

If you have consented to receive Account Communications electronically for any BBVA Compass Online Account, you may withdraw this consent by providing notice to us using any of the following methods:

Withdrawing your consent to receive Account Communications electronically will have no effect on your consent to receive Online Banking Communications electronically.

For Electronic Online Banking Communications

You must agree to receive Online Banking Communications electronically in order to obtain our Online Banking services. The only way to withdraw your consent to receive Online Banking Communications electronically is to terminate your subscription to Online Banking. You may terminate your subscription to Online Banking and withdraw your consent to receive Online Banking Communications electronically by calling us at 800-273-1057.

At our option, we may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive Account Communications and/or Online Banking Communications electronically. We will not impose any fee to process the withdrawal of your consent to receive electronic Account Communications. Any withdrawal of your consent to receive Account Communications or Online Banking Communications electronically will be effective only after we have had a reasonable period of time to process your withdrawal, and will not affect the legal effectiveness, validity, or enforceability of any Account Communications or Online Banking Communications provided to you electronically under this Agreement.

How To Update Your eMail Address For Electronic Disclosures

It is solely your responsibility to assure that any email address you have provided to us in connection with your use of Online Banking is current and accurate. You may make changes to this email address after logging into Online Banking through our website or by calling us at 800-273-1057. Any change to your email address will be effective only after we have received the changed address and had a reasonable period of time of not less than one business day to process the change.

Internet Computer Requirements

In order to receive access, view and retain electronic Communications, you must have the following computer hardware and software, all of which are referred to collectively as your "Internet Computer":

If you have any questions about these requirements, please call us at 800-273-1057.

Paper Copies of Electronic Communications

You may obtain a paper copy of any Account Communication or Online Banking Communication delivered electronically by printing it yourself. We may make available paper copies of Account Communications or Online Banking Communications that were provided electronically. We reserve the right, subject to applicable law, to charge a fee to provide a paper copy of any Account Communication or Online Banking Communication previously delivered to you electronically. You may call us at 800-273-1057 to find out about the availability of a paper copy of any particular Account Communication or Online Banking Communication, and the amount of any fee you will be charged for that paper copy.

All Communications In Writing

All Communications delivered to you electronically as provided in this Agreement will be considered "in writing" and will be given the same legal effect as any periodic statement, notice, agreement, acknowledgement or other information that is provided on paper. You should print or download for your records a copy of each Communication provided to you electronically, including this Agreement.

Federal Law

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Our Right To Terminate or Change Electronic Communications We reserve the right, in our sole discretion, to discontinue providing electronic Communications to you, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

O. Consent to Calls

When you give a telephone number directly to us, you consent and authorize us to place non-telemarketing telephone calls to you at that number, regarding any and all accounts you have with us, including accounts you may open in the future. 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. As examples, we may place calls to you about fraud alerts, deposit holds, and amounts you owe us (collection calls) on your accounts. We may also send you text messages to facilitate account transactions (e.g., delivering a one-time PIN to you). By agreeing to receive text messages from us, you are also consenting to receive a final opt-out confirmation text message if and when you choose to opt out of a text message service we provide to you. Calls and messages may incur charges from your wireless carrier. This express consent applies to each telephone number that you provide to us now or in the future. Calls and messages may incur charges from your communications provider. You consent and authorize us to monitor, and to record, telephone conversations and other electronic communications you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so.

Schedule of Service Charges for Online Banking Services

Online Banking

No Charge

Bill Pay Service

No Charge

Stop Payment Fee

$25 / request

(For each Stop Payment on a check requested through Online Banking)

Paper Copy of Statement or Check

As provided in the Account Agreement

Popmoney® Service

Send Money Usage Fee (3-day, Next Day)

No Charge

Instant Delivery Fee

$3 / payment

Stop Payment Fee

$15 / request

e-Greeting Fee

$0.25 / e-Greeting

Request Money Fee (3-Day)

  • Request Amt: $1.00 - $249.99, Fee: $0.50

  • Request Amt: $250.00 - $999.99, Fee: $0.75

  • Request Amt: $1,000.00 - Above, Fee: $1.50

Transfer from External Account Service

No Charge

Transfer to External Account Service

Usage Fee

$3/ transfer

International Transfer Service

Usage Fee

$5/ transfer (No charge for Preferred Clients)

Wire Transfer Service for Consumer Accounts

Usage Fee

$15/ wire transfer

Wire Transfer Service for Commercial Accounts

Set-up Fee

$50 / account set-up

Usage Fee

$15 / wire transfer

ACH Payment Service for Commercial Accounts

Set-up fee

$50 / account set-up

Usage Fee

$1 / ACH payment

Returned Item Fee

$3 / returned item

Return ACH Fax Notification

$6 / per day

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

Rev. 6/2014

Online Banking Terms
BBVA Compass

Agreement and Disclosure Statement for Online Banking

YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN SECTION 8.F. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL.

Table of Contents

  1. What this Agreement Covers
  2. Online Accounts
  3. Security Procedures
    1. Security Codes
    2. Your Obligations for Consumer Accounts
    3. Your Obligations for Commercial Accounts
    4. Commercially Reasonable Security Procedures for Commercial Accounts
  4. Online Banking Services
    1. Transfers and Payments
      1. i. Transfers Within Bank
      2. ii. Transfers from External Accounts
      3. iii. Transfers to External Accounts
      4. iv. International Transfers
      5. v. Send Payments and Checks
        1. a) Bill Payment
        2. b) Electronic Bill Delivery
      6. vi. Popmoney®
      7. vii. Domestic Wire Transfers for Consumer Accounts
      8. viii. Payments to BBVA Compass Credit Lines
    2. Other Services
      1. i. Online Account Information
      2. ii. Online Check Images
      3. iii. Online Statements and E-Notices
      4. iv. Secure Email with the Bank
      5. v. Alerts
      6. vi. Stop Payment Requests
      7. vii. Personal Financial Management
    3. Additional Services (Commercial Only)
      1. i. Wire Transfers for Commercial Accounts
      2. ii. ACH Payments for Commercial Accounts
      3. iii. Designating and Managing Users
  5. Rewards
    1. Simple Cash Back
    2. CompassPoints
  6. Liability Provisions for Consumer Accounts
    1. Your Liability for Consumer Accounts
    2. Bank’s Liability for Consumer Accounts
    3. Error Resolution for Consumer Accounts
  7. Liability Provisions for Commercial Accounts
    1. Your Liability for Commercial Accounts
    2. Limitation of Liability for Commercial Accounts
    3. Error Resolution for Commercial Accounts
  8. Other Terms and Conditions
    1. Charges for Online Banking
    2. Periodic Statements
    3. Reporting Unauthorized Transactions or Disclosure of Your Security Codes
    4. Confidentiality of Information about Online Accounts
    5. Information Authorization
    6. Dispute Resolution
    7. Business Days and Hours of Operations
    8. Changing this Agreement
    9. Termination
    10. Changes to your Contact Information
    11. General Provisions
    12. Assignment and Service Providers
    13. Exclusion of Warranties
    14. Notice and Consent Regarding Electronic Communications
    15. Consent to Calls

Agreement and Disclosure Statement for Online Banking

This Agreement and Disclosure Statement (this "Agreement") governs the online banking services described in this Agreement, which are referred to individually as a "Service" and collectively as the "Services" or "Online Banking".

Please read this Agreement carefully and keep it for your records. When you first access Online Banking, please check to confirm that each Online Account (as defined below) is an account that you requested to be included in your subscription to Online Banking. If not, please contact us immediately as provided in Section 8.C below.

YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN SECTION 8.F. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL.

Definitions

  • "Affiliates" refer to companies related by common ownership or control.

  • "BBVA Compass Online Account" means an Online Account that is a BBVA Compass account.

  • "Business Day" means Monday through Friday, excluding all holidays recognized by the federal government.

  • "Electronic Transfer" means an electronic transfer of funds between BBVA Compass Online Accounts and transfers between BBVA Compass Online Accounts and external accounts.

  • "Online Account" refers to each account that you request and we permit you to include in your subscription to Online Banking.

  • "Person" means an individual or entity.

  • "Service Provider" means companies that we have engaged to render some or all of this Service to you on our behalf.

  • "Software" means any software used to access Online Banking other than an internet web browser used to sign in directly on the Bank's website at www.bbvacompass.com.

  • "We," "Our," "Us", "Bank" and "BBVA Compass" mean Compass Bank, Member FDIC, a member of the BBVA Group, or any other affiliate bank of BBVA Compass Bancshares, Inc.

  • "You," "Your" and "Yours" mean the person who is subscribing to Online Banking.

1. What This Agreement Covers

By subscribing to Online Banking, or by accessing or permitting another to access your subscription to Online Banking, you agree to this Agreement, which incorporates any instructions, procedures, conditions or other terms provided within the Web pages for Online Banking (the "Online Terms"). This Agreement is in addition to any agreement (including related fee schedules and disclosures) governing any BBVA Compass Online Account (an "Account Agreement"). For example, if you have included your BBVA Compass checking account within your subscription to Online Banking, your use of Online Banking does not affect the terms and conditions of the Account Agreement for that checking account. You should review each Account Agreement for any applicable fees, limitations on the number of transactions you can make, and other terms or conditions that might impact your use of Online Banking. In the event of a conflict between this Agreement and any Account Agreement, the terms of the Account Agreement will apply, unless otherwise provided in this Agreement.

2. Online Accounts

The Bank, in its sole discretion, will designate both the number of accounts that may be included in one subscription for Online Banking and the specific types of accounts that are eligible to be Online Accounts, and may change these designations from time to time. To the fullest extent permitted by law, the Bank reserves the right to refuse to include any eligible account within your subscription to Online Banking. An Online Account may be either a consumer account or a commercial account. A "consumer" account is an account established primarily for personal, family or household purposes. A "commercial" account is an account established primarily for purposes other than personal, family or household use. Your representation when you open an account that an account is a commercial account is binding and conclusively establishes the non-consumer nature of the account.

Any obligation that the Bank may have, whether under the applicable Account Agreement or otherwise, to verify two or more signatures before making payment from any BBVA Compass account does not apply to transfers and electronic payments requested through Online Banking. By requesting the Bank to include any of your BBVA Compass accounts as an Online Account, you waive any right you may have to require the Bank to verify two or more signatures or before making payment from that BBVA Compass Online Account, and you release the Bank from liability for any and all claims that arise from or relate to the Bank's payment of a transfer or electronic payment requested and authorized through Online Banking by only one person.

One of your BBVA Compass Online Accounts will be designated as your "Primary Account" for Online Banking. You may designate your Primary Account on your application for Online Banking or otherwise in writing to the Bank. If you include any of your BBVA Compass checking, savings or money market accounts as Online Accounts, one of those accounts must be designated as your Primary Account. If your subscription to Online Banking does not include any of your BBVA Compass checking, savings or money market accounts and you later add such an account to your subscription, the Bank automatically will re-designate this account as your new Primary Account.

3. Security Procedures

A. Security Codes

You will be provided an identification code for your initial use of Online Banking, during which use you will be required to select or create one or more alphanumeric passwords, usernames, questions with a matching answer, and/or other types of security techniques, all of which are referred to together and separately as your "Security Codes". The Bank requires you to use the Security Codes to gain access to Online Banking. From time to time, the Bank may require you to select or create different Security Codes and may change the types of security techniques used to access Online Banking. For certain Services, the Bank may require you to select or create additional Security Codes and/or use other security techniques that the Bank makes available to you. You agree that use of your Security Codes and any other required security techniques will authenticate your identity and verify the instructions you provide to us. You also agree that the Bank may send notices and other communications about its security techniques and your Security Codes, including designations and confirmations of specific Security Codes, to your current address and/or email address shown on the Bank’s records.

B. Your Obligations for Consumer Accounts

You are responsible for protecting the confidentiality and security of your Security Codes. You should memorize your Security Codes rather than writing them down and, where possible, change your Security Codes regularly. In selecting your Security Codes, you should select items that are different from any other security code that you may have for other BBVA Compass products or for other secure accounts you have with others. You agree to reveal the Security Codes only to individuals who are authorized signatories on each and every of your Online Accounts. You understand that anyone who obtains your Security Codes can access your Online Accounts and may initiate transactions on those accounts. If you permit any other person to use Online Banking, your Security Codes or other means to access your Online Accounts, you are responsible for all transactions the other person authorizes on any of these accounts and for all online agreements the other person signs or accepts while using Online Banking.

C. Your Obligations for Commercial Accounts

You agree that we may send notices and other communications, including Security Code confirmations, to the current address for your business shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that we will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.

In order to prevent unauthorized access to your Online Accounts and unauthorized use of the Services, you agree to maintain the confidentiality and security of the Security Codes, and to instruct all Administrators and Authorized Users also to maintain the confidentiality and security of the Security Codes. You agree to notify us immediately if you believe your Security Codes may have become subject to unauthorized use. We will have no liability to you for any unauthorized payment or transfer made using your Security Codes that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your Security Codes even without receiving such notice from you if we suspect your Security Codes are being used in an unauthorized or fraudulent manner. You recognize that anyone possessing the Security Codes can access your Online Accounts and initiate transactions on those Accounts. You agree that you are responsible for maintaining the confidentiality and security of all Security Codes, and for implementing the necessary internal controls, balancing and reconciliation functions, and audit procedures to protect your Online Banking subscription and all your Online Accounts from theft or misuse.

D. Commercially Reasonable Security Procedures for Commercial Accounts

You agree that the use of the Security Codes and other security techniques that the Bank has established for Online Banking constitutes a commercially reasonable security procedure for you. You agree to be bound by all requests, communications, or other instructions to the Bank that are initiated under your subscription to Online Banking and in compliance with this security procedure (including any transfer requests, electronic payment requests, stop payment orders and, if applicable, payment orders and requests for cancellation or amendment of payment orders for ACH entries and wire transfers), regardless of whether or not you or any Authorized User actually authorized the instruction. If any instruction initiated under your subscription to Online Banking and accepted by the Bank in compliance with this security procedure contains any error, to the full extent allowed by law you shall be liable for, and shall indemnify the Bank against any claims, losses and expenses the Bank may incur that arise from or relate to the erroneous instructions. The Bank’s records demonstrating compliance with this security procedure will be deemed conclusive proof that the payment order received by the Bank was authorized and that you are bound by those instructions.

4. Online Banking Services

The Services allow you to perform certain banking, transfer and electronic payment functions and to obtain certain bill delivery and account information in conjunction with your computer and any Software you may use. Although you may access Online Banking through your Software, some of the Services may not be available when you obtain access in this manner. To use the full range of Services, you must access Online Banking by signing in directly on the Bank's website at www.bbvacompass.com. From time to time, without prior notice, the Bank may add Services, eliminate Services, or otherwise modify the terms or features of any Services. When the Bank makes any such change, it may make available Online Terms for that Service, and the new or modified Online Terms for that Service will become part of this Agreement. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of Online Banking. Your continued use of Online Banking following the effective date of a change signifies your acceptance of the change.

Not all of the Services are available for or applicable to all types of Online Accounts. The Bank, in its sole discretion, will determine the specific types of Online Accounts for which any particular Service is available or applicable, as well as the terms on which each Service is made available or applicable to any specific type of account. For example, the Bank may determine that transfers cannot be made from certain credit accounts that are included as Online Accounts. From time to time, the Bank may change the types of Online Accounts for which any particular Service is available or applicable. The Bank reserves the right, to the fullest extent permitted by law, to refuse to make any particular Service available or applicable to any of your Online Accounts, even though the Service is available or applicable to other Online Accounts of the same type.

A. Transfers and Payments

i. Transfers within Bank

You may use this Service to transfer funds between those types of BBVA Compass Online Accounts for which this Service is available, subject to the following restrictions and conditions:

  • You may request transfers that are to be processed currently, or you may request future-dated transfers, either one-time or recurring, from designated types of BBVA Compass Online Accounts you own, as described more fully in the Online Terms.

  • If you use this Service to request a currently effective transfer and we receive the request on a Business Day before the Cutoff Time, your request will be processed as soon as the Bank receives it. The "Cutoff Time" is displayed on the transfer screen in Online Banking. If we receive a request for a currently effective transfer after the Cutoff Time on a Business Day or on a day that is not a Business Day, then the request will be processed no later than the next Business Day. Requests for future-dated transfers will be processed on the requested transfer day if that day is a Business Day or, if the requested transfer day is not a Business Day, no later than the first Business Day following the requested transfer day. It is your responsibility to schedule each transfer far enough in advance to assure that we have sufficient time to receive and process your transfer request. Future-dated transfers may be cancelled through Online Banking if the cancellation is received by the Bank before the Cutoff Time on the Business Day prior to the Business Day the transfer request will be processed.

  • Transfers to and from BBVA Compass deposit accounts will be reflected immediately in the available balance for each deposit account, but may not be reflected immediately in the posted balance for those accounts. Transfers to and from other kinds of accounts may not be reflected immediately in the available balance or posted balance for those accounts. When the Bank processes a transfer request to or from any BBVA Compass Online Account other than a credit card account, the transfer usually will be posted to that account no later than the next Business Day and will be effective as of the date we process the transfer. A transfer credit to a credit card account (which includes most home equity line of credit accounts) will be posted to the credit card account on the Business Day after it is processed and will be effective as of the date the credit is posted. The time at which the Bank posts a transfer in its official records for an account may differ from the time at which the transfer is reflected in the information provided through Online Banking. A transfer to a credit card account, line of credit (other than a line of credit accessed through a deposit account) or loan account may not be reflected in the balance for that account provided through Online Banking until the Business Day after the transfer is posted.

  • A transfer request is not necessarily received by the Bank when you transmit the request. Your computer or your Software may prevent or interrupt the Bank's receipt of your transfer request. You should not assume that a transfer request has been received by the Bank unless you receive an electronic confirmation from the Bank.

  • You may not make more than one transfer from one of your BBVA Compass Online Accounts to another BBVA Compass Online Account in exactly the same amount between the Cutoff Time on one Business Day and the Cutoff Time on the next Business Day. If you request two or more such transfers, only the first transfer request will be transmitted.

  • Your ability to transfer funds from certain accounts may be restricted or limited by either federal law or the terms of the Account Agreements. Please check your Account Agreements for any other limitations.

  • Your ability to transfer funds between certain BBVA Compass Online Accounts may be limited by your Software or the manner in which you use your Software. For example, your Software may not allow you to make transfers between BBVA Compass Online Accounts placed in separate files in your Software.

  • The Bank reserves the right to limit the frequency and dollar amount of transactions from your BBVA Compass Online Accounts for security reasons.

  • For certain types of Online Accounts, transfers can be made from your BBVA Compass Online Account to accounts of other BBVA Compass customers.  By using this Service, you represent and warrant that you have all necessary authority for any transfers you make to BBVA Compass Online Accounts that you do not own.

ii. Transfers from External Accounts

You may use this External Transfers Service, which also may be referred to as the Transfer from External Account Service, to make transfers to your BBVA Compass Online Accounts from accounts you own and hold at financial institutions other than BBVA Compass, as described below.

Definitions

  • "External Account" means each checking, savings or money market account that you hold at a financial institution other than BBVA Compass and that you register for this Service.

  • "External Transfers Site" means the website through which this Service is offered.

  • "Recipient Account" means your BBVA Compass Online Account to which your funds will be credited for any transfer requested through this Service.

  • "Transaction Account" means your External Account from which your funds will be debited for any transfer requested through this Service. This is also the account to which any funds will be returned if a requested transfer cannot be completed.

  • "Transfer Instruction" means the information you provide through this Service to request a transfer of funds to a Recipient Account.

By accessing or using this Service or by permitting another to access or use this Service, you agree to the terms and conditions for this Service. In addition to the following terms and conditions, the restrictions on transfers to or from BBVA Compass Online Accounts described in Section 4.A.i above also apply to this Service.

  • 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 Agreement.

  • 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 Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

  • Receipts and Transaction History. You may view at least the most recent six months of your transactions through this Service by logging into Online Banking and looking at the history for each Recipient Account. You agree to receive receipts of these transactions by this method, and also to review your transactions online to identify any unauthorized or unclaimed payments.

  • Acceptable Use. You may use the Service to transfer funds from your External Accounts, as described in this Section. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use. In addition, you are prohibited from using the Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (c) impose an unreasonable or disproportionately large load on the infrastructure that supports this Service; (d) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information used in connection with this Service; (e) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the External Transfers Site without our prior written permission; (f) constitute use of any device, software or routine to bypass technology protecting the External Transfers Site or Service, or interfere or attempt to interfere, with the External Transfers Site or the Service; or (g) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 8.C below of any violations of this Section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.

  • Transfer Authorization and Processing.

    • The Service enables you to transfer funds to any of your BBVA Compass Online Accounts that are checking, savings or money market accounts from any External Account. You represent and warrant that you are a named owner of each External Account, you have all necessary legal right, power and authority to transfer funds from each External Account, and each External Account is located in the United States.

    • When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit the applicable BBVA Compass Online Account as described below in "Charges for This Service." You also authorize us to reverse a credit to your Recipient Account if the transaction is returned for any reason, including but not limited to nonsufficient funds, errors or for security reasons.

    • We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

      • If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer 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 transfer is refused as described below;

      • You have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or

      • Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

    • It is your responsibility to ensure the accuracy of any information that you enter into the Service, and to inform us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once we receive notice of the error and have a reasonable opportunity to act on it. However, we do not guarantee that we can stop or recover such a transfer, and we will have no responsibility or liability for any damages you may suffer as a result of incorrect information that you provided in connection with this Service.

  • Transfer Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can transfer through this Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.

  • Transfer Cancellation Requests and Refused Transfers. You may request cancellation of a transfer at any time until it begins processing (as shown in the External Transfers Site). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, because the Transaction Account has been closed), we will make reasonable attempts to mail you a paper check. If, after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) 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.

  • Stop Payment Requests. If you desire to stop any transfer that has begun processing or already has been processed, you should call us at 800-273-1057 as soon as possible. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge provided in the applicable Account Agreement.

  • Reporting Unauthorized Transfers. Notify us immediately, without delay, if you believe any Online Account has been accessed or any transfer from an External Account has been made through this Service without your authorization, as provided in Section 8.C of the Agreement.

  • Error Resolution. In case of any errors or questions about transfers shown in the transaction history for any BBVA Compass Online Account used with this Service, please contact us as provided in Section 8.C of the Agreement.

  • Taxes. It is your responsibility to determine what, if any, taxes apply to transfers 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 transfers, or for collecting, reporting or remitting any taxes arising from any transfer.

  • Charges for This Service. Any fee for this Service will be disclosed to you within Online Banking before you submit any request for a transfer or any other optional services. Applicable fees for this Service will apply, regardless of whether the transfer is completed. You agree to pay any and all applicable fees, and you authorize us to deduct the amount of each fee from the applicable BBVA Compass Online Account. 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.

  • Failed Or Returned Transfers. In using the Service, you are requesting us to make transfers for you from your Transaction Account. If we complete a transfer even though there are insufficient funds in your Transaction Account to cover that transfer, you agree that:

    • 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 may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be the current charge provided in the applicable Account Agreement. You hereby authorize us to deduct these amounts from the applicable Transaction Account by ACH debit;

    • You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and,

    • We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

  • Refused Transfers. We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.

  • Returned Transfers. You understand that transfers may be returned for various reasons (for example, because the number for the Recipient Account is not valid). We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account.

  • Information Authorization. We may not be able to process your enrollment in the Service if we cannot verify your identity or other necessary information about you. By requesting enrollment in the Service, you agree that we and our Service Providers, at our own expense, may obtain your credit report from an authorized bureau.

  • Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss or damage (including attorneys fees) incurred in connection with any claim or demand by any third party that arises from or relates to your breach of this Agreement and/or your use of the External Transfers Site or the Service.

  • Release. If you have a dispute with any person over the use of the External Transfers Site or the Service or any transfer you requested using 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 and release any and all provisions, rights and benefits conferred either (i) by § 1542 of the California Civil Code, which reads: "Section 1542. General release; extent. 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 known by him must have materially affected his settlement with the debtor;" or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code.

  • Intellectual Property. All marks and logos related to the 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 External Transfers Site, the technology related to the External Transfers Site 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 External Transfers Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our 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 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 and Frames. For your convenience, links to other sites may be provided the External Transfers Site. 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 External Transfers Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the External Transfers Site. 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. In addition, advertisers on the External Transfers Site may send cookies to users that we do not control. You may link to the home page of our External Transfers Site. However, you may not link to other pages of our External Transfers Site without our express written permission. You also may not "frame" material on our External Transfers Site without our express written permission. We reserve the right to disable links from any third party sites to the External Transfers Site.

  • Security Codes. If you are issued or required to create any password or other Security Codes (as defined in Section 3 of the Agreement) to access the Service or the External Transfers Site, you agree to give or make available your Security Codes only to individuals who are authorized signers on your Transaction Account, and you agree to be responsible for all actions taken by anyone to whom you have provided the Security Codes. If you believe that any Security Codes for accessing this Service have been lost or stolen or that someone may attempt to use them to access the External Transfers Site or Service without your authorization, you must inform us at once at the telephone number provided in Section 8.C of the Agreement. Your liability for any unauthorized transactions using the Security Codes will be governed by Section 6 of the Agreement for Consumer Accounts, and Section 7 of the Agreement for Commercial Accounts.

  • Exclusions of Warranties. THE SITE 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 SITE 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. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH 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 SITE 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 OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE 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 SECTIONS 8.F OF THE 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. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND 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. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.

iii. Transfers to External Accounts

You may use this Consumer ACH Payment Service, which may also be referred to as the Transfer to External Account Service, to send payments via the Automated Clearing House network ("ACH") to a deposit account that is held at a financial institution other than BBVA Compass. You may request the Consumer ACH Payment Service and designate certain types of consumer BBVA Compass Online Accounts, including checking, savings and certain money market accounts, from which these payments will be made (the "ACH Account").By completing and submitting an ACH Request Form or permitting anyone to initiate a payment via ACH from the ACH Account, you agree to the terms and conditions of this Section.

This Section incorporates: (a) the designations and other information you provide in each ACH Request Form you complete and submit; (b) any instructions or additional information that may be provided to you regarding the Consumer ACH Payment Service by us or through Online Banking; and (c) the Entry Settlement Limit that we may separately communicate to you. Unless otherwise defined in this Agreement, all capitalized terms shall have the meaning given to them in the NACHA Operating Rules and Guidelines. This Section covers only ACH credit entries (which are transfers from your ACH Account to a deposit account held at another financial institution), and does not apply to the processing and transmission of ACH debit files, batches or items or other ACH credit entries, which may not be initiated under this Section or this Agreement.

Definitions

  • "ACH Software" means the software that we use to provide the Consumer ACH Payment Service.
  • "Authorized ACH User" means an individual who is an owner of the ACH Account and has access to the ACH Account via BBVA Compass’ Online Banking service.
  • "Collected Funds" means "Available Funds" (as that term is defined in the Account Agreement) in the ACH Account.
  • "Corrected Entry" means an Entry submitted to correct an Incorrect Entry.
  • "Entry" means an ACH credit entry file (including any batches contained within a file) which is submitted to us for processing under your subscription to Online Banking.
  • "Entry Window" means those specific times in each Business Day during which we may collect and process Entries via our ACH systems.
  • "Fed" means the Federal Reserve Bank, to which all Entries for Recipients to be paid through other financial institutions must be sent.
  • "Incorrect Entry" means an Entry for which the ACH file, as determined by us in our sole discretion, fails to conform to the requirements of any and all applicable NACHA Operating Rules and Guidelines or contains a mistake.
  • "In-Process Entry" means an Entry initiated through your subscription to Online Banking and in process on any date for which settlement has not occurred.
  • "Intended Transmission Date" means the last date on which we may transmit an Entry to the Fed in order for the Entry to settle with the Recipient on the Requested Settlement Date.
  • "Last Fed Entry Window" means the last Entry Window during which we may transmit Entries to the Fed. This Entry Window currently is scheduled for 6 PM Central Time.
  • "NACHA" means the National Automated Clearing House Association.
  • "Overlimit Prepaid Entry" means an Entry that would cause the aggregate amount of all Entries submitted under your subscription to Online Banking to exceed the Prepaid Entry Settlement Limit.
  • "Participating Depository Financial Institutions" means, collectively, BBVA Compass and all other financial institutions holding accounts held by you and Recipients which are accessible through an applicable regional clearing house association.
  • "Prepaid Entry Settlement Limit" means the maximum aggregate amount of all In-Process Entries that we will permit you to have outstanding at any given time. We will separately communicate the amount of the Prepaid Entry Settlement Limit to you in writing, and may increase or decrease this Limit by written notice to you at any time.
  • "Recipient" means the person, entity or other organization holding the account to be credited at a Participating Depository Institution pursuant to an Entry.
  • "Requested Settlement Date" means the date you initially request as the date for an Entry to settle with its Recipient.
  • "Rules" mean the operating rules and operating guidelines of the applicable regional clearing house association and NACHA.
  • "Settlement Date" means, with respect to any Entry, the date on which such Entry is reported to the account of BBVA Compass by the applicable Federal Reserve Bank in accordance with the Rules.

You may make payments via ACH through Online Banking, subject to the following restrictions and conditions:

  • Authorization for Consumer ACH Payment Service. You authorize and direct us to process each Entry submitted through the Consumer ACH Payment Service and in compliance with the Security Procedures described below. You are responsible for generating and authorizing all Entries and delivering the same to us in the form and format specified in this Section and by the system providing the Consumer ACH Payment Service.
  • Security Procedures. In addition to using the Security Codes described in Section 3, you and each Authorized ACH User also must use the security techniques that BBVA Compass has established specifically for the Consumer ACH Payment Service, which may include the use of randomly generated numbers and/or tokens or other security devices. These additional security techniques, together with the Security Codes, are referred to as the "ACH Security Procedures." BBVA Compass may change the ACH Security Procedures as provided herein, and will provide instructions to you about the requirements of the ACH Security Procedures in effect from time to time. You agree that you and each Authorized ACH User will take all actions required to comply with the ACH Security Procedures, including maintaining the confidentiality and security of your Security Codes and any security devices, changing your Security Codes from time to time, and immediately reporting any suspected loss or unauthorized use of Security Codes or a security device. You agree to assume the risk of loss with respect to any ACH transfer initiated by any Authorized ACH User who has failed to comply with the ACH Security Procedures, and you agree to hold BBVA Compass harmless from and against any loss caused by this failure.
  • Your Agreement to Security Procedures. You agree that the ACH Security Procedures constitute a commercially reasonable security procedure for you and your transactions. You agree to be bound by any Entry (or any request to reverse or cancel an Entry) for a transfer initiated through your Online Banking subscription and accepted by us in compliance with the ACH Security Procedures, regardless of whether or not you or any Authorized ACH User actually authorized the Entry. If an Entry is accepted by us in compliance with the ACH Security Procedures, and the Entry contains any error, to the full extent allowed by law you shall be liable for, and shall indemnify us against, the amount of the Entry and all claims and all of our losses and expenses, including attorneys’ fees, relating to the erroneous Entry. Our records demonstrating compliance with the ACH Security Procedures with respect to any Entry will be deemed conclusive proof that the Entry received by us was authorized and you are bound by that Entry.
    If an Entry (or any request to reverse or cancel an Entry) received by us was transmitted or authorized by you or any Authorized ACH User, you shall be obligated to pay the amount of the Entry regardless of (i) whether or not we complied with the ACH Security Procedures with respect to that Entry, (ii) whether or not that Entry was erroneous in any respect, and (iii) whether or not that error would have been detected if we had complied with the ACH Security Procedures.
    You acknowledge and agree that in the event you, whether acting directly or through an Authorized ACH User, request us to accept any Entry made using any security procedures other than the ACH Security Procedures (which we may accept or refuse at our discretion), then you will be deemed to have chosen other security procedures after we offered and you refused security procedures that were commercially reasonable for you, and you expressly agree to be bound by any Entry, whether or not authorized, issued in your name in accordance with such other security procedures.
  • Prepayment for Entries. You authorize us, immediately upon our receipt of any Entry, to debit the ACH Account for the Collected Funds required by that Entry. You understand that, because of the automated systems used to provide ACH services, we automatically will debit the ACH Account for that Entry, even if the Entry subsequently will be suspended, as described below in the provision regarding Incorrect Entries, in the provision regarding Entries that contain an ACH debit file, batch or item, and in the provision regarding Overlimit Prepaid Entries and In-Process Entries. You agree that, whenever you submit an Entry to us for processing and transmission, you must have Collected Funds in the ACH Account in an amount equal to or greater than the Entry, or, if more than one Entry is submitted, the aggregate amount of the submitted Entries. You understand that we may debit the ACH Account either by actually deducting funds from the ACH Account or by placing a hold on funds in the ACH Account. In either case, once we have debited the ACH Account for the funds required by the Entry, those funds will not be available to you for any other purpose, including the payment or settlement of other items from that ACH Account.
  • Timing for Prepayment of Entries. You acknowledge that we transmit Entries to the Fed only during certain Entry Windows. You agree that, regardless of your requests or instructions to us, we have no obligation to transmit any Entry to the Fed on a particular day unless there are Collected Funds in the ACH Account for that Entry before the Last Fed Entry Window for that day. You agree that, in the event the Collected Funds required for any Entry do not become available in the ACH Account until after the Last Fed Entry Window on the Intended Transmission Date, we are authorized to debit the ACH Account for the Collected Funds required for that Entry on the Intended Transmission Date, even though we may not transmit the Entry until an Entry Window on the next Business Day.
    You acknowledge and agree that, if the Collected Funds required for any Entry do not become available in the ACH Account until after the Last Fed Entry Window on the Intended Transmission Date, then the Entry may not settle with its intended Recipient until a date after the Requested Settlement Date.
  • Prohibited Payments. You agree not to use the Consumer ACH Payment Service to make any payment IAT entries including, but not limited to, 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 or to make a payment outside the United States or for any payments that violate applicable law or any other agreements with BBVA Compass.
  • Insufficient Collected Funds. If you do not have sufficient Collected Funds in the ACH Account for any Entry, we have no obligation to process or to transmit that Entry, and may suspend processing of that Entry. If you have submitted more than one Entry, we may process and transmit only those Entries for which you have Collected Funds. If we receive an Entry for which there are insufficient Collected Funds in the ACH Account, we may attempt to notify you, but you agree that we shall have no liability to you for failure to notify you regarding the insufficiency of Collected Funds. We will maintain the suspended Entry in our ACH system until the Requested Settlement Date, checking at each Entry Window to see if sufficient Collected Funds have become available in the ACH Account for that Entry. If sufficient Collected Funds are not available in the ACH Account for the suspended Entry by 9 PM Central Time on the Requested Settlement Date, that Entry automatically will be deleted from our ACH system.
    You acknowledge and agree that, if you submit an Entry for which there are insufficient Collected Funds in the ACH Account at the time of submission, then
    • The Entry may be deleted from our ACH system and never settle with its intended Recipient, or
    • Even if Collected Funds should become available in the ACH Account at a later time, the Entry may not settle with its intended Recipient until a date after the Requested Settlement Date.
  • Entries Under This Addendum May Not Contain Debit Files, Batches or Items. You agree to include only ACH credit files, batches and items within an Entry submitted under this Agreement. You agree that, if any Entry submitted under this Agreement contains an ACH debit file, batch or item, we have no obligation to process or to transmit that Entry and we may suspend that Entry, even if you have Collected Funds available in the ACH Account for that Entry, and we already have debited those Collected Funds from the ACH Account.
    If we receive an Entry that contains an ACH debit file, batch or item, we may attempt to notify you regarding the suspension of that Entry, but you agree that we shall have no duty to correct the Entry by deleting the ACH debit file, batch or item, and no liability to you for failure to provide this notice.
    Any Entry that contains an ACH debit file, batch or item will be considered an Incorrect Entry. You understand that any hold on Collected Funds covered by an Entry that contains an ACH debit file, batch or item will remain until earlier of: (i) the Entry Window occurring after you have submitted to us an authorization to delete the Incorrect Entry, and after we have had a reasonable period of time to act on that authorization; or (ii) our completion of nightly system processing on the Requested Settlement Date.
    You acknowledge that, if you submit another Entry to replace an Entry that contains an ACH debit file, batch or item, and we receive the Corrected Entry before receiving your authorization to delete the original Entry or we receive both the Corrected Entry and the authorization to delete during the same Entry Window, the Corrected Entry will be processed first, and the Collected Funds required for the Corrected Entry will be debited from the ACH Account before the amount of Collected Funds debited for the original Entry can be credited to the ACH Account.
    We make no representation or warranty with respect to the amount of time that may pass before a credit posts to the ACH Account upon the deletion of any Entry. You acknowledge that, depending on when we receive the authorization to delete an Entry, the credit to the ACH Account for the deleted Entry may not be posted until the next business day following your submission of that authorization.
    You acknowledge and agree that, because of the automated systems used to provide ACH services, if you submit any Entry that contains an ACH debit file, batch or item, then:
    • The Entry may be deleted from our ACH system and never settle with its intended Recipient; and
    • The Entry will be considered an Incorrect Entry.
  • Overlimit Entries; Entries In Excess Of Entry Settlement Limit. You agree that we have no obligation to process or to transmit an Overlimit Entry. We will treat each submission of an Overlimit Entry as your request for approval of an increased Entry Settlement Limit, which we may grant or deny at our sole discretion. If you submit an Overlimit Entry, we may suspend the Overlimit Entry and any or all In-Process Entries, even if you have Collected Funds available in the ACH Account for the Overlimit Entry and the In-Process Entries, and we already have debited Collected Funds from the ACH Account for any or all of those Entries. For each Entry suspended because your In-Process Entries exceed the Entry Settlement Limit, we will evaluate your request for an increased Entry Settlement Limit and notify you as promptly as practicable, but in no event later than two (2) business days after suspending the Entry, whether we will: (i) process and transmit that Entry; or (ii) reject that Entry and credit the ACH Account for the amount of that Entry.
    If you wish to initiate an Entry that would cause the amount of In-Process Entries to exceed the Entry Settlement Limit, you may submit to us your request to initiate an Entry that otherwise would be an Overlimit Entry. You must submit your request at least two (2) business days prior to the date on which you wish to initiate the Entry that otherwise would be an Overlimit Entry. We may require you to provide financial or other information in order to assist us in evaluating your request. We may grant or deny your request in our sole discretion.
    You acknowledge and agree that, because of the automated systems used to provide ACH services, if you submit any Overlimit Entry, then:
    • The Overlimit Entry and any related In-Process Entry may be suspended and we will determine whether to approve the processing of all of those Entries; and
    • Even if we determine to approve the processing of Entries in excess of your Entry Settlement Limit, the Overlimit Entry and related In-Process Entries may not settle on the Requested Settlement Date unless you have allowed an additional two (2) business days for processing those Entries.
  • Reversing Erroneous Files, Batches or Items and NOC’s. If you send an Incorrect Entry, batch or item, you must contact us to request us to initiate a reversal of that file, batch or item. You agree and acknowledge that if we receive a Notice of Correction ("NOC") file from another financial institution that results from an Entry you submit, the Entry that caused the NOC will be modified to reflect the corrected information received in the NOC and retransmitted. If the Entry that caused the NOC is a recurring Entry, all subsequent transmissions will be modified to reflect the corrected information received in the NOC.
  • Multiple Entries. If you submit multiple Entries during a single Entry Window, we may process those Entries in any order as determined by us in our sole discretion. If there are insufficient Collected Funds in the ACH Account to pay any Entry, we may suspend that Entry and process any remaining Entries. If you submit one or more additional Entries while a previous Entry remains suspended, we will process the additional Entries, and then will re-process each suspended Entry to determine whether there are sufficient Collected Funds in the ACH Account for that Entry.
  • Your Additional Obligations.
    • Delivery. You shall be solely responsible for submitting all Entries within the time periods specified in the Instructional Material and, upon our request, for delivering to us any other data, information, instruments, and documents relating to each Entry submitted through the Consumer ACH Payment Service. We may reject any Entry determined by us, in our sole discretion, to have been submitted after or before the time required by any applicable schedule or deadline.
    • Training Authorized ACH Users. You are solely responsible to assure that each Authorized ACH User shall be trained on and familiar with the systems used to provide the Consumer ACH Payment Service and NACHA’s Rules.
  • Scope of the Consumer ACH Payment Service. We will process and transmit the Entries submitted through the Consumer ACH Payment Service to the Participating Financial Depository Institutions, subject to the Rules and this Agreement. We have no obligation to act on, correct, reverse, adjust, or stop payment or posting of Entries or Entry data that does not comply with the requirements or deadlines of BBVA Compass or the Rules. We have no obligation to detect errors with respect to any Entry. However, if we detect an error with respect to an Entry, we will attempt to give you notice of the error, and you agree to furnish to us corrections promptly via the systems that provide the Consumer ACH Payment Service or as we shall direct. If you discover that any Entry is in error, you immediately shall give telephonic notice to us of the complete nature of the error and each affected Entry, and immediately thereafter shall confirm your telephonic notice in writing. You have no right to reverse, adjust or stop payment or posting of any Entry after the Entry has been transmitted by us or subsequent to any earlier time as the Rules or we may prescribe from time to time, except in accordance with procedures contained in the Rules, or any other applicable agreement. We reserve the right to limit the nature and amount of the Entries processed under this Agreement and to refuse to process any Entry if, in our sole judgment (a) there is reasonable cause to believe that any Entry will be returned or will not settle in the ordinary course of the transaction for any reason, (b) to do otherwise would violate any limit set by the applicable clearing house association or any governmental authority or agency to control payment system risk, or (c) an Entry would create an overdraft of an ACH Account. If any of the foregoing actions are taken by us with respect to a particular Entry, we will notify you as promptly as practicable, but in no event later than two (2) business days after our decision. We have no obligation at any time to process any Entry that exceeds the Collected Funds in the ACH Account at the time that you initiate the Entry. We have the right, but not the obligation, to refuse to process any Entry for the purpose of determining whether you authorized the Entry, and shall incur no liability for any delay caused by exercising this right. We have no obligation whatsoever at any time to verify any Entry or to confirm that the Entry is initiated to make employee, tax or vendor payments, and we will have no liability for failing to verify any Entry or confirm the purpose of any Entry.
  • Effect of Rules. You agree to comply with and be bound by the Rules, as they may be amended from time to time, including all limitations and requirements imposed upon you as an "Originator" under the Rules. Any changes in the Rules shall be deemed automatically to amend this Agreement, effective as of the date the changes in the Rules become effective. You agree that no Rule shall be deemed to diminish our rights under this Agreement, except in the case of direct conflict, in which event the Rules shall control. Without limiting the foregoing, we may issue from time to time operating rules and procedures to you describing the operating procedures for the Consumer ACH Payment Service. From time to time, we may also issue updates to the operating rules and procedures. You agree that you will access and utilize the Consumer ACH Payment Service in accordance with our operating rules and procedures.
  • Fees. You agree to pay the fees for the Consumer ACH Payment Service as listed herein, in Online Banking and/or in an applicable fee schedule. Applicable fees for this Service will apply, regardless of whether the transfer is completed. You agree to pay any and all applicable fees, and you authorize us to deduct the amount of each fee from the applicable ACH Account. You also agree to pay and reimburse us for all governmental and third party fees or taxes arising out of or related to our providing the Consumer ACH Payment Service to you.
  • Reliance on Your Instructions. You understand and agree that, unless we, in our sole discretion, elect to do so (and even then we will be acting in our own interest and not on your behalf), we will not verify the terms of any Entry submitted through the Consumer ACH Payment Service. You are solely responsible for the accuracy and completeness of all data, instructions or other information regarding any Entry that is provided to us. You authorize us to process each Entry submitted through the Consumer ACH Payment Service in accordance with the information that we receive from you in accordance with the ACH Security Procedures. We shall have no responsibility for any erroneous information you provide, and no liability for any losses you may suffer that arise from or relate to any erroneous information you provide for any Entry submitted through the Consumer ACH Payment Service.
  • Limitation of Liability. Except as otherwise required by applicable law, neither we nor our affiliates, third party service providers or their affiliates shall be liable, and you release and waive any and all claims against us, our affiliates, third party service providers or their affiliates for any and all losses, damages, claims, judgments, costs and expenses incurred by you or by any other person or entity, whether or not acting as your agent or employee, that arise from or relate to your use of the Consumer ACH Payment Service. The limitations on the liability of BBVA Compass, our affiliates, third party service providers or their affiliates provided in this Section are in addition to, and shall not diminish, any limitations on this liability contained any applicable Account Agreement or any other agreement between you and us.
  • Indemnity.
    • You agree to indemnify, protect and hold harmless BBVA Compass, our service providers and affiliates (including their respective officers, employees and agents) from and against any and all losses, damages, claims, judgments, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your use of the Consumer ACH Payment Service; (ii) any errors, negligence, action, inaction, or involvement by you, BBVA Compass, our service providers and affiliates, or their actual or apparent officers, employees, and agents in connection with the Consumer ACH Payment Service, or otherwise; (iii) submission of: (A) any Entry for which there are insufficient Collected Funds at the time of submission; (B) any Incorrect Entry; (C) any Entry submitted under this Agreement that contains an ACH debit file, batch or item; or (D) any Entry that later is delayed or suspended for any other reason.
    • Actual receipt by us of proper notice or delivery of any information (e.g., stop payment, return, processing, dishonor and similar notices required by law or under this Section, this Agreement, the Rules, or any other applicable agreement) from you before the deadline required by us in our sole discretion is an express and non-waivable condition precedent to our related obligation to perform any service or to meet any deadline imposed by law, any agreement or any person. You bear the burden of proof of the time and manner of our actual receipt of any notice or transmittal of information.
  • Termination. We may terminate the Consumer ACH Payment Service at any time upon 30 days’ notice to you. Further, we may, in our sole discretion, suspend or terminate your access to the Consumer ACH Payment Service if we believe that such access poses an unacceptable risk to you or to us. We shall use reasonable efforts to communicate notice of the termination to you promptly, and will provide written confirmation of the termination if the initial notice of termination was not communicated in writing.
  • Representations and Warranties. You represent and warrant that each electronic communication submitted through the Consumer ACH Payment Service, including without limitation each Entry, shall comply with this Agreement, the NACHA Rules and all applicable law. You also represent and warrant that each Entry shall be in the form of an unbalanced file. As used in this provision, an unbalanced file means an Entry that contains only the originating items for that Entry without any corresponding offset or settlement transaction. All Prenotifications and Entries shall be submitted through the Consumer ACH Payment Service prior to the opening of business on the applicable Settlement Date in computer readable media as provided under the Rules, and in the record format specified by us from time to time. We may reject any Entry which we determine in our sole discretion not to be in compliance with our then applicable format requirements, the Rules, any federal or state laws or regulations, or the terms and conditions of this Agreement. You agree that we have no responsibility to determine whether you have complied with any federal or state law or regulation. You agree to provide any additional information and to execute any additional documents or agreements that we may request in connection with your use of the Consumer ACH Payment Service.
    EXCEPT AS REQUIRED BY LAW, BBVA COMPASS MAKES NO REPRESENTATIONS, WARRANTIES, AGREEMENTS, OR GUARANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (I) ANY REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE CONSUMER ACH PAYMENT SERVICE PROVIDED BY BBVA COMPASS TO YOU; (II) ANY WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE AS ADOPTED IN THE STATE IN WHICH BBVA COMPASS MAINTAINS YOUR ACCOUNTS; (III) ANY WARRANTIES WITH RESPECT TO COMPLIANCE WITH THE ELECTRONIC FUNDS TRANSFER ACT OR REGULATION E OF THE FEDERAL RESERVE BOARD; (IV) ANY RULE OR REGULATION OF ANY AUTOMATED CLEARING SYSTEM; OR (V) ANY STATE ELECTRONIC FUND TRANSFER STATUTE OR REGULATIONS.

iv. International Transfers

You may use this Secure Send International Money Transfer Service ("International Transfer Service") to remit funds to a pre-designated beneficiary at one of the Remittance Network Members, as determined by the Bank. "Remittance" means the transmission made through the International Transfer Service. You may use the International Transfer Service to initiate payments electronically from any of your BBVA Compass Online Accounts for which this Service is available. All capitalized terms not defined herein shall have the same meaning set forth in the BBVA Compass Remittance Services Agreement, unless otherwise stated.

Your use of the International Transfer Service will be governed by the Deposit Account Agreement, the BBVA Compass Remittance Services Agreement, the Agreement and Disclosure Statement for Online Banking, and all other terms and conditions in agreements governing accounts you have with us or services we provide to you, as applicable.

v. Send Payments and Checks

You may use this Send Payments and Checks Service, which may also be referred to as the Bill Pay or Bill Payment Service, to initiate payments electronically from any of your BBVA Compass Online Accounts for which this Service is available. You also may use this Service to receive electronic bills from your creditors.

Definitions

  • "Bill Pay" or "the Bill Pay 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 or from which you receive electronic bills, as the case may be. 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 your BBVA Compass Online 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.

a. Bill Payment

You may use Bill Pay to make one-time or recurring payments from any of your BBVA Compass Online Accounts 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. The Bank reserves the right to limit the frequency and dollar amount of transactions from your BBVA Compass Online 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. At our discretion, we will 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 in this Section 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 Online Banking, 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 Online Terms or your Software. 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 Bill Pay 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 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 overdrawn account 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 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 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.

b. Electronic Bill Delivery

You may use Bill Pay to receive electronic bills from your creditors, subject to the following terms and conditions:

  • Activation and Authorization. To use this Service, you must access Online Banking through the Bank's website. When you activate the electronic bill function for any Biller, you authorize and direct the Bank: (A) to notify the Biller of your request to receive electronic bills; (B) to obtain electronic bills and related billing data from that Biller on your behalf; and (C) to provide the information requested by the Biller about you and each account for which you request electronic bills from the Biller, including without limitation your name, address, email address and any username and/or password for that Biller. You promise not to activate the electronic bill function for any Biller unless you are entitled to receive the bill requested from that Biller, and to indemnify the Bank for any damages it may incur if you fail to keep this promise.

    The period of time between your request for electronic bills and your receipt of your first electronic bill varies from Biller to Biller, and may take up to sixty (60) days, depending on the Biller's billing cycle and whether you must provide any additional information to us regarding that Biller. Each Biller reserves the right to accept or deny your request to receive electronic bills. Each Biller also will determine, in its sole discretion, whether you may receive a paper copy of your bills in addition to your electronic bills.

  • Your Responsibility for Electronic Bills. It is solely your responsibility to obtain and maintain all usernames and passwords required by any Biller, and to update or otherwise change your personal information (such as name, address, phone numbers and email addresses) with any Biller from which you receive electronic bills. The Bill Pay Service is unable to make changes to this information, and you must contact a Biller directly to make any changes.

    The Bank has no responsibility for the accuracy of any electronic bill. It is also solely your responsibility: (A) to monitor your electronic bills; (B) to contact the Biller directly if you do not receive a bill when due, if you dispute or have any questions about a bill, or if you need a copy of a previously delivered bill; and (C) to assure timely payment of all of your bills, including those for which you have requested electronic bills through the Bill Pay Service. The Bank shall have no liability if you fail to receive an electronic bill from any Biller in a timely manner, regardless of the cause for such failure.

  • Delivery of Electronic Bills and Notifications. In addition to delivering electronic bills within the Bill Pay Service, the Bank, in its sole discretion, may send notification to the email address or mobile device number associated with your subscription to Online Banking when a new electronic bill becomes available. It is solely your responsibility to assure that the email address or mobile device number you provided to the Bank is current and accurate. The Bank shall have no liability if you fail to receive a notification about a new electronic bill, regardless of the cause for such failure.

  • Cancellation of Electronic Bills. Each Biller reserves the right to cancel the delivery of electronic bills at any time. You may cancel electronic bill delivery through the Bill Pay Service for some or all Billers at any time. Although the Bill Pay Service will notify each Biller when you cancel electronic bill delivery from that Biller, you are solely responsible to make arrangements for an alternative form of bill delivery. The period of time between your cancellation of any electronic bill and your receipt of the bill in an alternative form varies from Biller to Biller, and may take up to sixty (60) days, depending on the Biller's billing cycle. Once you have cancelled electronic bills from a Biller, we have no responsibility to deliver any electronic bill from that Biller, including bills already in process at the time of cancellation.

vi. Popmoney®

You may use this Popmoney Service, which may be referred to as the Popmoney Service, to send, receive, and request payments through the system described below.

Definitions:

  • "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 for a payment to be made under the Service, which may be further defined and described below in connection with a specific Service (such as, but not limited to, name, telephone number, and email address).
  • "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
  • "Popmoney Site" means the Web site through which this Service is offered.
  • "Popmoney Request" means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Service.
  • "Receiver" is a person or business entity that is sent a Payment Instruction through this Service.
  • "Requestor" is a person that requests an individual to initiate a Payment Instruction through the Service.
  • "Sender" is a person or business entity that sends a Payment Instruction through this Service.
  • "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of this Service to you on our behalf.
  • "Transaction Account" is the transaction account that is eligible for the Service from which a Sender's payments will be debited, Service fees, if any will be automatically debited, or to which payments and credits owed to a Sender or Receiver will be credited. For any payment you send using this Service, the Transaction Account must be a BBVA Compass Online Account.
  • "SMS" refers to the "short message service" or text messages that may be transmitted over mobile phones.

By using this Service or by accessing or permitting another to access your Transaction Account, you agree to the terms and conditions for this Service.

  • 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 unless the minor is using a Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
  • 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. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for completion of any payments or transfers conducted using the Service and we are solely responsible to you to the extent any liability attaches in connection with any failure to transmit money through the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
  • Using This Service. This Service enables you: (1) to initiate a Payment Instruction from your Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into a Transaction Account, in U.S. dollars (or in gift card value, if applicable). Although the ACH Network is often used to execute Payment Instructions for this Service, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All payment transactions made through this Service are subject to the terms of this Agreement 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 Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through www.Popmoney.com (the "Popmoney Website") and if you choose to initiate or receive a payment at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the "terms of use" for the Popmoney Website and applicable laws and regulations, in each case as in effect from time to time.

    The Instant Payments feature within the Popmoney Service (“Popmoney Instant Payments”) facilitates real-time payments via the use of PIN debit card Payment Networks (“Debit Card Payment Networks”) such as Accel™ to deliver funds immediately. For Popmoney Instant Payments, we will use a Debit Card Payment Network or other Payment Network designed to transfer funds on the same day or sooner, if practicable, to debit or credit funds to the Eligible Transaction Account of the Receiver, as applicable. Popmoney Instant Payments is only available for Payment Instructions submitted by a Sender to a Receiver (and not via a Popmoney Request). Not all Payment Networks participate in Popmoney Instant Payments. Popmoney Instant Payments are not instantaneous. Payment delivery speed may vary based upon the funds availability policy of each financial institution and Payment Network availability.
  • Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls, text messages, and emails from us, our Service Providers, and the Popmoney Service at that number and/or e-mail address for our everyday business purposes (including identify verification). You acknowledge and agree 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. Message and Data Rates May Apply. If you have questions about the 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. 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 receiving text messages through the Service.
  • Viewing Receipts and Transaction History. You may view at least the most recent six months of your transactions through this Service 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 instead of receiving receipts by mail, and also to review your transactions online to identify any unauthorized or unclaimed payments.
  • Initiation of Payment Instructions. With this Service, you may initiate the following types of payments:
    • A one-time Payment Instruction to a Receiver for which processing shall be initiated immediately,
    • A one-time Payment Instruction 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 Instructions to a Receiver for which processing shall be initiated on the specified dates.
    Scheduled and recurring payment options are not available for Popmoney Instant Payments. Further details about each of these options can be found on the Popmoney Site.

    Payment Instructions initiated to Receivers are processed in two ways. You can provide all of the information about the Receiver, including his/her Transaction Account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website for this Service, and then (ii) provide eligible Transaction Account information in order to complete the Payment Instruction (a "Two-Step Transfer"). If the Receiver maintains a Transaction Account with a financial institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution's website or mobile application to complete the Payment Instruction and receive the payment.

    For Popmoney Instant Payments, you can initiate a Payment Instruction using (i) the Receiver’s email address or mobile number, and the Popmoney Service will validate the Popmoney Instant Payments eligibility of the Receiver prior to transferring the funds; or (ii) the Receiver’s debit card information, and the funds will be immediately deposited into the Receiver’s checking or savings account affiliated with the debit card. Not all Payment Networks participate in Popmoney Instant Payments. Payment delivery speed may vary based upon the funds availability policy of each financial institution and Payment Network availability. You understand and agree that when you initiate a Payment Instruction from a Transaction Account using this Service, the processing of the Payment Instruction will begin and the debiting of your Transaction Account will occur as early as the day of such initiation. However, other than with respect to Popmoney Instant Payments, the payment funds will be transferred into the Receiver's Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instructions to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Transaction Account will occur as early as the specified date(s). However, 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), or receipt of a gift card, if applicable, may be delayed if the Receiver has not provided the Service with certain required information such as his or her Transaction Account information, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered. The Popmoney Site and Popmoney Website may contain additional information regarding the delivery of a payment to a Transaction Account or the delivery of a gift card, if applicable.

    You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) Business Days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the "Payment Cancellation, Stop Payment Requests and Refused Payments" provisions below in this Section.
  • 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, cancel and/or reverse such payments:
    • Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); 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 dog 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.
    In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in Section 8.C of the Agreement of any violations of this section or the Agreement generally.
  • Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications or content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (i) violate any law, statute, ordinance or regulation; (ii) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (iii) defame, abuse, harass or threaten others; (iv) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (v) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (vi) impose an unreasonable or disproportionately large load on our infrastructure; (vii) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (viii) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Popmoney Site through which the Service is offered without our prior written permission; (ix) constitute use of any device, software or routine to bypass technology protecting the Popmoney Site or Service, or interfere or attempt to interfere with the Popmoney Site or the Service; or (x) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 8.C of the Agreement of any violations of this section or the Agreement generally
  • Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Popmoney Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Popmoney Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
  • 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. Once registered for this Service, you authorize us to credit your Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. 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 arising out of or relating to a 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 for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Popmoney Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You acknowledge and agree 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 the receipt of payments, including, but not limited, to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
    • You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
    • 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 complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
      • If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
      • The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
      • The payment is refused as described in the "Payment Cancellation, Stop Payment Requests and Refused Payments" provision below in this Section;
      • You 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 mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or
      • Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.
    • It is the responsibility of the Sender and Receiver to ensure the accuracy of any information that they enter into the Service (including, but not limited to, the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Transaction Account, Payment Instructions or contact information. 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. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or 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.
    • Popmoney Instant Payments: We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks. Notwithstanding anything to the contrary in the Agreement, Popmoney Instant Payments settlements are final except as set forth in the applicable Payment Network rules and recovery may not be possible; however, if applicable Payment Network rules allow for reversal of funds, we will attempt to recover such funds from the Receiver’s Eligible Transaction Account. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Popmoney Instant Payments. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications. We will choose the Payment Networks in which we will participate in our sole discretion.
  • Receiving Payments. If another person wants to initiate a Payment Instruction (including in response to a Popmoney Request, if applicable) using the Service to a Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Popmoney Request, he, she or you can do that from the Popmoney Site or from a Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website. Or, as applicable, if another person wants to send you a gift card using the Service, he or she can do that from a Transaction Account at a financial institution that participates in the Service and makes available the purchase of gift cards through the Service.

    You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction 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. You authorize the Sender, the financial institution which holds the Sender's Transaction Account and us (including through the Popmoney Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney Requests, each as applicable, from others through the Service.

    You acknowledge and agree that in the event that funds are transferred into your Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Transaction Account an amount equal to the amount of funds improperly transferred to you.

    If applicable, if you as a Requestor initiate a Popmoney Request using the Service you acknowledge and agree that as disclosed on the Popmoney Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney Request is sent. Further details about the foregoing can be found on the Popmoney Site. You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.
  • Payment Methods and Amounts. There are limits on the amount of money (or, as applicable in some cases, gift card value) you can send or receive through the Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Popmoney Site to view your individual transaction limits. We also reserve the right to select the method by which to remit funds on your behalf through the Service, and in the event that your Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic or paper check or draft payment.
  • Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions 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 transaction made through this Service.
  • Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver's Transaction Account has begun. Popmoney Instant Payments Payment Instructions may not be cancelled as the Payment Instructions will be processed immediately. The option to cancel or stop a payment will appear in the user interface for, or elsewhere within, the Service or Popmoney Site. If a payment is stopped after the processing of the Payment Instruction out of the Sender's Transaction Account has occurred, but prior to the time the processing of the Payment Instruction into the Receiver's Transaction account has begun, a Stop Payment fee will be charged to the Sender's Transaction Account. The amount of the fee will be disclosed in this Agreement or in the user interface for, or elsewhere within, the Service or Popmoney Site. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver's Transaction Account has begun processing. If you wish to stop a payment once it has begun processing, you may also call us at 800-266-7277 as soon as possible. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting us. The charge for each stop payment or fund recovery request made by phone will be the current charge for such stop payment or funds recovery service as set out in the deposit account agreement for your Transaction Account. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a Payment Instruction initiated or attempted 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 or use other reasonable efforts to return such payment to you as permitted by law.
  • Returned Payments. In using the Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Service.
  • Refused Payments. We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
  • Failed Or Returned Payment Instructions. In using the Service, you are requesting us to attempt to make payments for you from your Transaction Account. If we are unable to complete the Payment Instruction for any reason associated with your Transaction Account (for example, because there are insufficient funds in your Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit in your Transaction Account, to cover the payment), the Payment Instruction may not be completed. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
    • You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Transaction Account to allow us to complete the debit processing;
    • 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 by us or our Service Provider;
    • You may also be assessed a fee by our Service Provider and by us if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Transaction Account to allow us to complete the debit processing to cover the payment, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us (including as disclosed on the Popmoney Site) or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account, including by ACH debit;
    • You will reimburse us and our Service Provider for any fees or costs we incur in attempting to collect any amounts from you; and,
    • We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
  • Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of the Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers' everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Popmoney Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service.
  • Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. 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.
  • Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in this Agreement or in the user interface for, or elsewhere within, the Service or Popmoney Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Popmoney Instant Payments and Request Money, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or other Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. The "Failed Or Returned Payment Instructions" provisions above apply if you do not pay our fees and charges for the Service, including without limitation if we debit the Transaction Account for such fees, as described in this Section, and there are insufficient fees in the Transaction Account.
  • Security Codes. If you are issued or required to create any password or other Security Codes (as defined in Section 3 of the Agreement) to access the Service or the portion of the Popmoney Site through which the Service is offered, you agree to give or make available your Security Codes only to individuals who are authorized signers on your Transaction Account, and you agree to be responsible for all actions taken by anyone to whom you have provided the Security Codes. If you believe that any Security Codes for accessing this Service have been lost or stolen or that someone may attempt to use them to access the Popmoney Site or Service without your authorization, you must inform us at once at the telephone number provided in Section 8.C of the Agreement. Your liability for any unauthorized transactions using the Security Codes will be governed by Section 6 of the Agreement.
  • 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 Popmoney Site through which the Service is offered, the technology related to the Popmoney Site 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 Popmoney Site 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 and Frames. Links to other sites may be provided on the portion of the Popmoney Site 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 Popmoney Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Popmoney Site. 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. In addition, advertisers on the Popmoney Site may send cookies to users that we do not control. You may link to the home page of our Popmoney Site. However, you may not link to other pages of our Popmoney Site without our express written permission. You also may not "frame" material on our Popmoney Site without our express written permission. We reserve the right to disable links from any third party sites to the Popmoney Site.
  • Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their affiliates 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 Agreement and/or your use of the Popmoney Site or the Service.
  • Release. 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 any dispute that may arise between you or one or more other users of the Popmoney Site or the Service. In addition, if applicable to you, 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.
  • No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part 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.
  • Exclusions of Warranties. THE SITE 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 SITE 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 SITE 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, INTERNET DISRUPTIONS, 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, PUNITIVE 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 SITE 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 SITE 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 8.F OF THE 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.
  • Reporting Unauthorized Transfers. Notify us at once if you believe your Transaction Account has been accessed or any payment has been made through this Service without your authorization, as provided in Section 8.C of the Agreement.
  • Error Resolution. In case of any errors or questions about payments to or from your Transaction Account, please contact us as provided in Section 6.C of the Agreement.
  • Privacy of Others. 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.
  • Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 8.I below. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

vii. Domestic Wire Transfers for Consumer Accounts

You may use this Wire Transfers for Consumer Accounts Service (the "Wire Transfer Service") to initiate outgoing domestic wire transfers from certain types of consumer BBVA Compass Online Accounts, including checking, savings and money market accounts. Each BBVA Compass Online Account from which the Bank allows you to initiate wire transfers is referred to as a "Wire Transfer Account." From time to time, the Bank may allow wire transfers to be initiated from additional types of BBVA Compass Online Accounts, and any such additional types of BBVA Compass Online Accounts will be automatically included in the Wire Transfer Accounts that you may access through the Wire Transfer Service.

This Section incorporates any instructions or additional information that may be provided to you regarding the Wire Transfer Service by us or through Online Banking. This Section covers only outgoing wire transfers, and does not apply to the processing and transmission of incoming, drawdown or any other wire transfers, which may not be initiated under this Section of this Agreement.

You may initiate payment orders for domestic wire transfers through Online Banking, subject to the following restrictions and conditions:

  • Authorization for Wire Transfer Service. You authorize and direct us to process each payment order for a wire transfer submitted through the Wire Transfer Service and in compliance with the Security Procedures described in this Section. We have no obligation at any time to process any payment order that exceeds the Available Balance (as that term is defined in the applicable Account Agreement) in the Wire Transfer Account at the time that you initiate the wire transfer. We have the right, but not the obligation, to refuse to process any payment order for the purpose of determining whether you authorized the payment order, and shall incur no liability for any delay caused by exercising this right. Wire transfers are "funds transfers" under and for purposes of Article 4A of the Uniform Commercial Code, as adopted in the state in which we maintain your Wire Transfer Accounts.

  • Security Procedures. In addition to using the Security Codes described in Section 3, you also must use the security techniques that the Bank has established specifically for the Wire Transfer Service, which may include the use of randomly generated numbers and/or tokens or other security devices. These additional security techniques, together with the Security Codes, are referred to as the "Wire Transfer Security Procedures." The Bank may change the Wire Transfer Security Procedures as provided in Section 8.H below, and will provide instructions to you about the requirements of the Wire Transfer Security Procedures in effect from time to time. You agree that you and will take all actions required to comply with the Wire Transfer Security Procedures, including maintaining the confidentiality and security of your Security Codes and any security devices, changing your Security Codes from time to time, and immediately reporting any suspected loss or unauthorized use of Security Codes or a security device.

  • Your Agreement to Security Procedure. You agree that the Wire Transfer Security Procedures constitute a commercially reasonable security procedure for you. You agree to be bound by any payment order (or any request for cancellation or amendment of a payment order) for a wire transfer initiated through the Wire Transfer Service and accepted by the Bank in compliance with the Wire Transfer Security Procedures, regardless of whether or not you actually authorized the wire transfer. If a payment order for any wire transfer is accepted by the Bank in compliance with the Wire Transfer Security Procedures, and the payment order contains any error, to the full extent allowed by law you shall be liable for, and shall indemnify the Bank against, the amount of the payment order and all claims and all of the Bank’s losses and expenses, including attorneys’ fees, relating to the erroneous payment order. The Bank’s records demonstrating compliance with the Wire Transfer Security Procedures with respect to any payment order will be deemed conclusive proof that the payment order received by the Bank was authorized and you are bound by that payment order.

    If the payment order for a wire transfer (or any request for cancellation or amendment of a payment order) received by the Bank was transmitted or authorized by you, you shall be obligated to pay the amount of the payment order regardless of (i) whether or not the Bank complied with the Wire Transfer Security Procedures with respect to that payment order, (ii) whether or not that payment order was erroneous in any respect, and (iii) whether or not that error would have been detected if the Bank had complied with such Security Procedures. You acknowledge and agree that in the event you request the Bank to accept any payment order for a wire transfer made by using any security procedures other than the Wire Transfer Security Procedures set forth in this Agreement (which the Bank may accept or refuse at its discretion), then you will be deemed to have chosen other security procedures after the Bank offered and you refused security procedures that were commercially reasonable for you, and you expressly agree to be bound by any payment order, whether or not authorized, issued in your name in accordance with such other security procedures.

  • Transfer Requests.
    • Initiating Transfers. Wire transfers shall be from Wire Transfer Accounts, and may be to any other account with the Bank, an affiliate of the Bank, or another bank or financial institution. You agree that, except as otherwise provided for in this Agreement, all wire transfers originated through the Wire Transfer Service shall comply with the Wire Transfer Security Procedures, all other terms of this Agreement, and the terms and provisions of Article 4A of the Uniform Commercial Code, as adopted in the state in which the Bank maintains your accounts.

    • Honoring Transfers. We will accept a payment order for a wire transfer only if you place the order in accordance with the terms and requirements stated in this Agreement and the Online Terms. We have no obligation to honor, either in whole or in part, the payment order for any wire transfer (or the cancellation or amendment thereto) that: (i) exceeds the Available Balance (as that term is defined in the applicable Account Agreement) in the Wire Transfer Account from which the transfer is requested; (ii) is not in accordance with each term and condition provided for in this Agreement and applicable law; (iii) is not, or we believe may not be, authorized or correct; or (iv) is impracticable or not feasible to accept. In addition, we shall be excused from failure or delay in issuing or accepting a payment order for a wire transfer if such issuance or acceptance would result in the Bank’s exceeding any limitation upon its intraday net funds position established pursuant to present or future guidelines or otherwise violating any provision of any present or future bank regulatory statute, rule, regulation or risk control program. If the applicable Wire Transfer Account does not contain sufficient funds for the requested wire transfer, we may, at our option, accept the payment order for the wire transfer and debit any such account into overdraft, and we shall not be liable for damages to you as a result thereof; provided, we have no obligation to debit any such account into overdraft. If we create an overdraft to complete a wire transfer, you agree to pay to us the amount of the overdraft upon demand, and, if applicable interest accruing on the amount of the overdraft from the date of its creation at the maximum rate of interest permitted under applicable law. You hereby authorize us to charge any of your accounts held by us (even if not a Wire Transfer Account or a BBVA Compass Online Account) at any time for such amount.

      Except as otherwise provided in this Section, we agree to use reasonable efforts to execute each payment order for a wire transfer on the date received, provided that: (i) we receive your payment order no later than 4:30 p.m., Central Time; and (ii) such day is a Business Day for us, the Federal Reserve, and the beneficiary’s bank. In executing the payment order for any wire transfer, we may utilize such means of transmission as we reasonably select. If you originate multiple payment orders for execution on the same day, we may execute the payment orders in any order convenient to us. If you direct us to use a specific intermediary bank or specific means of execution, you assume all risks of failure or of non-payment by the intermediary bank and all risks of loss by the means directed.

    • Canceling and Amending Payment Orders. If you wish to cancel or amend a payment order previously transmitted to us, you must transmit notice of the requested cancellation or amendment in compliance with the Wire Transfer Security Procedures, and you must include the amount and recipient of the payment order in the notice. We will make a reasonable effort to comply with any request you make to cancel or amend a payment order that is made before our acceptance of that payment order but only if our Wire Transfer Department has been given sufficient notice and a reasonable opportunity to act on it. We have no obligation or duty to cancel or amend a payment order received from you after we accept the payment order. If we consent to cancel or amend an accepted payment order, you shall indemnify and hold us harmless for all loss and expense, including attorneys’ fees, relating to the cancellation and amendment or attempted cancellation and amendment.

  • Fees. You agree to pay the fees for wire transfers provided in Section 8.A. You also agree to pay and reimburse us for all governmental and third party fees or taxes arising out of or related to our providing the Wire Transfer Service to you.

  • Reliance on Your Instructions. You understand and agree that we will not verify the terms of any payment order submitted under this Section. You are solely responsible for the accuracy and completeness of all data, instructions or other information provided to us regarding any wire transfer initiated. You authorize us to process each payment order submitted in accordance with the information that we receive from you in accordance with the Wire Transfer Security Procedures. We shall have no responsibility for any erroneous information you provide and no liability for any losses you may suffer that arise from or relate to any erroneous information you provide for any payment order submitted hereunder.

  • Limitation of Liability. Except as otherwise required by applicable law, neither we nor our affiliates, third party service providers or their affiliates shall be liable, and you release and waive any and all claims against us, our affiliates, third party service providers or their affiliates for any and all losses, damages, claims, judgments, costs and expenses incurred by you or by any other person or entity, whether or not acting as your agent or employee, that arise from or relate to your use of the Wire Transfer Service. The limitations on the liability of the Bank, our affiliates, third party service providers or their affiliates provided in this Section are in addition to, and shall not diminish, any limitations on this liability contained in this Agreement, any applicable Account Agreement or any other agreement between you and us.

  • Indemnity. You agree to indemnify, protect and hold harmless the Bank, our service providers and affiliates (including their respective officers, employees and agents) from and against any and all losses, damages, claims, judgments, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your use of the Wire Transfer Service; or (ii) any errors, negligence, action, inaction, or involvement by you, the Bank, our service providers and affiliates, or their actual or apparent officers, employees, and agents, in connection with the Wire Transfer Service, or otherwise, including, but not limited to, third party claims for reimbursement or losses.

    Actual receipt by us of proper notice or delivery of any information (including stop payment, return, process, dishonor, and similar notices required under this Section or any agreement executed by you from time to time) from you before the deadline required by us in our sole discretion is an express and non-waivable condition precedent to our related obligation to perform any service or to meet any deadline imposed by law, regulation, or any person. You bear the burden of proof of the time and manner of our actual receipt of any notice or transmittal of information.

  • Termination. In addition to the termination provided in Section 8.I, we may terminate the Wire Transfer Service at any time and without prior notice to you. We shall use reasonable efforts to communicate notice of the termination to you promptly, and will provide written confirmation of the termination if the initial notice of termination was not communicated in writing.

  • Representations and Warranties. You represent and warrant that each electronic communication submitted to us through the Wire Transfer Service, including without limitation each payment order, shall comply with this Agreement and all applicable law. You agree to provide any additional information and to execute any additional documents or agreements that we may request in connection with your use of the Wire Transfer Service.

    EXCEPT AS REQUIRED BY LAW, THE BANK MAKES NO REPRESENTATIONS, WARRANTIES, AGREEMENTS, OR GUARANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (I) ANY REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO ANY ITEMS OR THE WIRE TRANSFER SERVICE PROVIDED BY THE BANK TO YOU; (II) ANY WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE AS ADOPTED IN THE STATE IN WHICH THE BANK MAINTAINS YOUR ONLINE ACCOUNTS; (III) ANY WARRANTIES WITH RESPECT TO COMPLIANCE WITH THE ELECTRONIC FUNDS TRANSFER ACT OR REGULATION E OF THE FEDERAL RESERVE BOARD; (IV) ANY RULE OR REGULATION OF ANY AUTOMATED CLEARING SYSTEM; OR (V) ANY STATE ELECTRONIC FUND TRANSFER STATUTE OR REGULATIONS.

  • Identifying Information. You understand and agree that all wire transfers shall be executed on the basis of the following information provided in your payment order (which is referred to collectively as "Identifying Numbers"): (i) account number or other Identifying Number for the beneficiary; and (ii) the Identifying Number for any bank to or through which the funds are to be sent (a "Receiving Bank"). The Bank and any other bank processing the payment order for wire transfer (a "Processing Bank") may rely solely on the Identifying Numbers that you provide in your payment order, regardless of whether the order also identifies the beneficiary or Receiving Bank by name, and no Processing Bank has any obligation to confirm that any Identifying Number applies to any named beneficiary or Receiving Bank or to identify any discrepancy between any Identifying Number and the name provided for any beneficiary or Receiving Bank.

    We have no obligation to determine whether the recipient identified in any payment order is the accountholder for the account to which funds are to be transferred. If your instructions for any payment order contain any inconsistent information or other discrepancy regarding the name of the intended recipient and the account into which the funds are to be transferred, we shall make the transfer on the basis of the account number, even if that number identifies an account held by a person or entity other than the named recipient. If a payment order issued by you identifies an intermediary bank or beneficiary’s bank only by an Identifying Number or by both name and Identifying Number, the Receiving Bank may rely on the Identifying Number as the proper identification of the intermediary bank or beneficiary’s bank, even if such number identifies a person or entity different from the bank identified by name; and the Receiving Bank need not determine whether the name and number refer to the same person or entity or whether the number refers to the bank.

    The foregoing is intended to be consistent with and subject to the terms and provisions of Sections 4A-207 and 4A-208 of the Uniform Commercial Code as in effect in the state in which we maintain your Online Accounts. To the fullest extent permitted by law, (i) knowledge (whether actual or constructive) by us of any discrepancy or inconsistency in the information provided in connection with any payment order for a wire transfer shall not change or impair our right to execute a payment order for a wire transfer as provided herein, and (ii) neither we nor any Processing Bank shall have any liability for executing any payment order, even if it has knowledge of the discrepancy or inconsistency.

viii. Payments to BBVA Compass Credit Lines

You may use the Credit Line Payments Service to make payments on your BBVA Compass credit card account, your BBVA Compass home equity line of credit account, or any other BBVA Compass loan or line of credit for which we make this service available. Payments through this Service will be made using funds debited from an Online Account for which this Service is available through the system described below.

Definitions

  • "Credit Line Account" means your BBVA Compass credit card account, your BBVA Compass home equity line of credit account, or any other BBVA Compass loan or line of credit for which we make this service available.
  • "Credit Line Payment Service" or this "Service" means this payment service offered by BBVA Compass, which may be provided either directly by the Bank or indirectly through the Bank's service provider.
  • "Business Day" means every Monday through Friday, excluding all holidays recognized by the federal government.
  • "Due Date" means the date on which the payment on your Credit Line Account is due, as shown on the statement for your Credit Line Account. The Due Date is not the date on or after which this payment is considered late.
  • "Credit Line Payment Account" means your Online Account from which the payment for your Credit Line Account will be debited.
  • "Credit Line Payment Account Information" means the account number and routing number for each Credit Line Payment Account.
  • "Payment Instruction" means the information you provide through the Credit Line Payment Service regarding a payment to be made on your Credit Line Account by debiting your Credit Line Payment Account (such as, the payment amount, the Scheduled Payment Date, and your designation of the Credit Line Payment Account to be used for that payment).
  • "Scheduled Payment" means a payment that has been scheduled through the Credit Line Payment Service.
  • "Scheduled Payment Date" means the date included in your Payment Instruction as the date on which you want your Credit Line Account to be paid.

Credit Line Payments

We may offer you the option to use the Credit Line Payment Service to make one-time or recurring payments on your Credit Line Account using funds debited from your Credit Line Payment Account, subject to the following restrictions and conditions:

  • Limitations on Payment Amounts. The Bank reserves the right to limit the frequency and dollar amount of payments on your Credit Line Account.
  • 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. If we receive your Payment Instructions on a Business Day before the cutoff time displayed on the web page for this Service (the "Cutoff Time), your request will be processed as soon as we receive it. If we receive Payment Instructions for a same-day payment after the Cutoff Time on a Business Day or on a day that is not a Business Day, then the Payment Instructions will be processed no later than the next Business Day. Payment Instructions for future-dated payments will be processed on the Scheduled Payment Date if that day is a Business Day or, if the Scheduled Payment Date is not a Business Day, no later than the first Business Day following the Scheduled Payment Date. It is your responsibility to submit your Payment Instructions far enough in advance to assure that we have sufficient time to receive and process your Payment Instructions by your Scheduled Payment Date. You are responsible for any late charge, finance charge, penalty or default or other consequence that may result from your submitting Payment Instructions after the Cutoff Time or on a on a day that is not a Business Day.
  • Your Authorization. By submitting Payment Instructions through the Credit Line Payment Service, you authorize and direct this Service to debit your Credit Line Payment Account according to your Payment Instructions and to apply the debited funds as a credit to your Credit Line Account.
  • Reliance on Your Payment Instructions. You understand and agree that we will not verify the terms of any Payment Instructions you submit through this Service. You are solely responsible for the accuracy and completeness of all information provided to us about each Scheduled Payment, including without limitation your Credit Line Payment Account Information. You authorize us to process each Scheduled Payment in accordance with your Payment Instructions, and agree that we shall have no responsibility for any erroneous information you provide and no liability for any losses you may suffer that arise from or relate to any erroneous information you provide in connection with any Scheduled Payment. If your right to debit a Scheduled Payment from a Credit Line Payment Account is disputed for any reason, any payment applied to your Credit Line Account may be reversed without notice to you.
  • Changes to Credit Line Payment Account. Any change in the selection of your Credit Line Payment Account must be made according to the instructions provided through the Credit Line Payment Service. Any changes you make to a Credit Line Payment Account 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 information about the Credit Line Payment Account.
  • Returned Debits. You understand that the debits to be made from your Credit Line Payment Account may be returned unpaid for a variety of reasons, including, but not limited to insufficient funds in the Credit Line Payment Account, and your failure to provide correct information to the Credit Line Payment Service about your Credit Line Payment Account. The Credit Line Payment Service has the right but not the obligation to correct any obvious errors you may have made in identifying the Credit Line Payment Account, and then to resend the corrected debit. The Bank shall have no liability for any returned debits that were sent according to your Payment Instructions, and you accept full responsibility for any fees you may be charged to your Credit Line Account or your Credit Line Payment Account in connection with the return of any such debit.
  • Stopping a Scheduled Payment. You may stop or edit any Scheduled Payment (including recurring payments) that has not begun processing by following the directions within the Credit Line Payment Service. There is no charge for stopping or editing a Scheduled Payment that has not begun processing. Once the Credit Line Payment Service has begun processing a Scheduled Payment, you cannot stop or edit the Scheduled Payment.

B. Other Services

i. Online Account Information

You may use this Service to obtain balances and other information about those of your BBVA Compass Online Accounts for which this Service is available ("Online Account Information"), and to download Online Account Information into your Software, subject to the following terms and conditions:

  • Not all of your Online Account Information can be downloaded into your Software, and the Online Account Information available for download may not reflect all of the activity on your BBVA Compass Online Accounts.

  • Online Account Information is provided as a convenience to you for tracking purposes only. The Online Account Information may not reflect transactions that have not yet been completed or settled, and is not the official record for any BBVA Compass Online Account. Because the balance of some BBVA Compass Online Accounts is subject to change at any time, the Online Account Information may become quickly outdated.

  • The Bank does not guarantee either (i) the availability or accuracy of any Online Account Information, or (ii) your ability to download and/or store any Online Account Information.

  • The Bank will not be liable for damages of any kind arising from (i) your inability to access any Online Account Information, (ii) inaccurate content in, or your use of or reliance on the contents of any Online Account Information, or (iii) your inability to download and/or store any Online Account Information.

  • You undertake any downloading and storage of Online Account Information at your own risk. If you download Online Account Information, you are responsible for maintaining the security and confidentiality of that information, and you assume all risk that any downloaded Online Account Information may be accessed by unauthorized third parties, including any person you allow to access your Software. We are not responsible for the security and confidentiality of any Online Account Information that you download using wireless connections, which may permit other persons to access the Online Account Information being downloaded. You accept full and sole responsibility for any damage that might occur to your Internet Computer, your Software, or any other equipment or software in connection with the downloading and storing of any Online Account Information, including the loss or corruption of any data.

ii. Online Check Images

You may view images of the checks and deposit slips for your BBVA Compass Online Accounts that are checking, money market, or savings accounts by accessing Online Banking through the Bank's website.

iii. Online Statements and E-Notices

You may view online statements for those types of your BBVA Compass Online Accounts for which this Service is available. To view your online statements, you must access Online Banking through the Bank's website. If you choose to receive only online statements for any BBVA Compass Online Account and ask us to stop sending any paper statement on that account, we may use the email address you have given the secure message Service described below, or otherwise use Online Banking (i) to notify you when each statement for that BBVA Compass Online Account becomes available online, and (ii) to provide other notices and disclosures about that BBVA Compass Online Account to you.

iv. Secure Email with the Bank

You may use this Service to send and receive secure electronic messages to and from the Bank. In order to use this Service, you must be logged in to Online Banking, either through your Software or by logging in directly on the Bank's website. From time to time, the Bank may send unsecured electronic mail to your email address to notify you that certain information is available. The Bank will never ask you to send personal information, such as account numbers and passwords, to the Bank in an unsecured email. If you wish to send personal information to the Bank, you should send a secure message using this Service. You should never send personal information in an unsecured email. The Bank may not immediately receive electronic mail that you send. Therefore, do not rely only on electronic mail if you need to communicate with the Bank immediately. If you need to contact the Bank immediately, use the contact information provided in Section 8.C of this Agreement or on the Bank's website. The Bank will not take actions based on your electronic mail requests until the Bank actually receives your message and has a reasonable opportunity to act.

v. Alerts

You may request and receive from the Bank any of the alerts made available through this Service by making alert selections within the Bank’s Online Banking web site. The Bank may add new alerts or discontinue existing alerts at any time. According to your selections, we will send alerts to the email address or mobile number you provide to us in Online Banking. Message and data rates may apply from your telecommunications provider, and you are responsible for any such charges.

It is solely your responsibility to ensure that the email address and mobile number you provide to the Bank are current and accurate. If information from your wireless carrier indicates to us that the mobile number you have provided has been changed or is no longer registered to you, we will automatically stop delivery of any alerts to that number. In that event, you must update your mobile number in Online Banking before alerts can be delivered to a mobile number again. Should you wish to receive alerts to your mobile phone number after opting out of the Service, you must update your mobile number in Online Banking before alerts can be delivered to a mobile number again. Your failure to maintain current and accurate contact information with us will prevent delivery of alerts through this Service, for which the Bank expressly disclaims any liability.

Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. The Bank does not guarantee either the delivery or the accuracy of the contents of any alert. The Bank will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes. Because the balance of some BBVA Compass Online Accounts is subject to change at any time, the information provided in any alert may become quickly outdated. Alerts are not encrypted. You acknowledge that, although the Bank may show less than the full account number for any of your BBVA Compass Online Accounts in an alert, the alert may include your name and some information about your BBVA Compass Online Accounts. Depending on where you instruct us to send your alerts, anyone with access to your email or mobile device may be able to view the contents of these alerts. If you request through this Service to be notified when an account is closed, you acknowledge and agree that we may deliver that alert to you when your account is closed. In the event you request that we close an account or your Online Banking profile, you acknowledge and agree that we may continue to send you alerts associated with that account or your Online Banking profile for a reasonable time thereafter until the closure process is completed.

vi. Stop Payment Requests

You may use this function to request the Bank to stop any payment on a check drawn on any of your BBVA Compass Online Accounts (regardless of whether that payment was scheduled through Bill Pay). You should submit any stop payment request as soon as possible. If the payment that you wish to stop was scheduled through Bill Pay, please refer to Section 4.A.iv of this Agreement for additional information. The charge for each stop payment request submitted through Online Banking will be the fee provided in Section 8.A. below, instead of any charge provided in an Account Agreement. This fee will be charged regardless of whether the Bank is able to stop the payment. If you submit a stop payment request by calling the Bank, the charge will be the fee provided in the applicable Account Agreement, instead of the charge provided in Section 8.A. below. In addition to the terms provided in this Agreement, stop payment requests are governed by the applicable terms and conditions in your Account Agreement.

vii. Personal Financial Management

This Service is an Internet account aggregation service offered to you by BBVA Compass, through our Service Provider, Yodlee.com, Inc. ("Yodlee"). The Service allows you to aggregate personal financial and other information from BBVA Compass, its subsidiaries and affiliates, third party financial institutions, and/or other third parties that you can access through the Internet, and to view that information at one website through the use of a single username and password. You cannot use the Service to make transactions or transfer funds.

Information about all of your BBVA Compass Online Accounts is automatically added to the Service. You may also add information about accounts you maintain at other institutions and that are accessible through the Internet ("Third Party Accounts").

The Service allows you to view information about FDIC-insured deposit products (such as checking, savings and money market accounts), non-FDIC insured products (such as brokerage or 401K accounts), and non-financial products (such as frequent flyer miles). Including information about an account or product in the Service does not mean that the account or product is a BBVA Compass account, product or other obligation or that the account or product is insured by the FDIC.

a. Use of the Service

You agree to use the Service only as permitted by this Agreement. We may terminate your access to the Service if any conduct on your part constitutes a violation of this Agreement. In order to use the Service, you must be at least 18 years old, a United States resident and legally capable to enter into contracts.

  • Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself and your Third Party Accounts, and you agree not to misrepresent your identity or your account information. Accurate records enable us to provide the Service to you. You agree to keep your account information up-to-date and accurate.

  • Illegal Use of the Service. You agree that the Service is not to be used for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, sexually explicit, pornographic or obscene, or that infringes on the rights of others. We may terminate your use of the Service immediately and without notice to you if we discover you or someone using your Security Codes has used the Service in this manner.

  • Proprietary Rights. You agree that we own all rights to the information and Content displayed in the Service, as defined in "Content You Provide" below. You are only permitted to use this Content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this Content. If you access Zillow content, you agree that you will not use Zillow data for any other purpose than for your individual use. Further, you agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java applets associated with the Service.

  • Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service.

  • Use of Marks, Materials and Suggestions. The names, logos and all related product and service names, design marks and slogan are the property of BBVA Compass, our affiliates and service providers. You are not authorized to use our names or marks in any advertising, publicity or in any other commercial manner without our prior written consent. You may use, copy and distribute the materials found in the Service for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice, which pertains to the material being copied. Except as authorized in this section, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We, our affiliates and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being nonconfidential and nonproprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating such information.

  • Description of Real Estate Center. You may use the Real Estate Center feature in the Service to add a home value estimate to the profile of your assets and net worth. You may opt to have your home value estimate automatically generated and updated. By electing to automatically update your home value estimate you agree to receive a computer-generated estimate of the worth of the property, called a Zestimate®, provided by Zillow, Inc., a third-party online real estate service, and you authorize Compass Bank and its service providers to access Zillow.com and retrieve Zestimates on your behalf. You agree that a Zestimate is not intended to be an appraisal nor should it be used in place of a professional appraisal or a market analysis conducted by a real estate professional, and that the actual value of the property may vary. Zillow is not affiliated with Compass Bank or any of its affiliates. Your access and use of Zillow and Zestimates through the Service is intended for your convenience only, and does not constitute legal, financial, tax, appraisal, accounting or other professional advice. Compass Bank does not endorse or recommend Zillow, the Zestimate or any other services provided by Zillow and you agree that neither Compass Bank nor its service providers are responsible for the accuracy of the Zestimates or other information provided by Zillow or liable for any damages or costs of any type arising out of or in any way connected with your use of the Zestimate or other services provided by Zillow. You agree that you will use the Zillow services only for your personal use. If you elect to include the Zestimate in your net worth summary, you acknowledge and agree that the net worth summary is calculated based on information provided by you or third parties at your direction and that Compass Bank makes no representation as to the accuracy of the net worth summary. Data and information provided in the Real Estate Center feature is for informational purposes only, and is not intended for transactional purposes. You agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon.

  • Content You Provide. THE SERVICE IS A VOLUNTARY CONVENIENCE THAT IS PROVIDED AT YOUR REQUEST. YOU AGREE THAT ANY INFORMATION YOU PROVIDE TO ACCESS THE SERVICE IS DONE VOLUNTARILY. By requesting the Service, you are authorizing us to use any information about you and your accounts that we receive in connection with your use of the Service (collectively, the "Content") as provided in this Agreement. The Content includes information about your BBVA Compass Online Accounts and Third Party Accounts, including your transactions on those accounts. We may use the Content in order to provide the Service to you and to help optimize your use of the Service. Subject to the BBVA Compass Consumer Privacy Disclosure, we may also use the Content to provide information about other products or services that may be of interest to you, whether offered by BBVA Compass, one of its affiliates, another financial institution or any other business. By providing information about you and your accounts to us, you are consenting to this use of the Content, both for yourself and for any other person who may have an interest in the Content. Consumers may choose to limit our use of the Content aggregated in the Service from other institutions and accounts. For more information, you can view our Consumer Privacy Disclosure at www.bbvacompass.com/compass/policy. The information and Content provided to you through the Service is for informational purposes only, and is not intended for transactional or trading purposes. Balances shown may not be real time and may reflect only the most recently refreshed data and not be accurate or timely if a refresh was not successfully completed or the information obtained from the third party during the refresh was not accurate or current. Deposit account balances are ledger amounts, all of which may not be currently available for withdrawal. Projected balances are based on information you have entered through the Service and may not reflect your actual deposit account balances. If you need current information regarding your accounts, you should contact your financial institution or other entity directly for that information.

  • Cookies. To provide the Service, Compass stores a cookie on your computer. If you do not have cookies enabled, you will be unable to use the Service. A cookie is simply a text file, which indicates your Service session identification number. We use this cookie to identify you as a user of the service when you enter the website and to make the re-entry of login information unnecessary when browsing outside the Service. We reserve the right to use cookies to deliver content specific to your needs and interests. We may also use cookie to track customer trends and patterns in order to better understand and improve areas of our sites that our customers find valuable.

  • Fees. The Service is currently offered to you by BBVA Compass at no charge. BBVA Compass reserves the right to charge fees for these services in the future. You acknowledge that your use of this Service does not waive any applicable fees and charges connected with your accounts which may be displayed through the Service, and as provided for under any other account agreement that you may have with BBVA Compass or other financial institution or entity.

  • Bill Delivery and Presentment. You may use the Service to request presentment of electronic bills from Payees. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payee directly if you do not receive your Payee statement. By registering for and using the Service to request presentment of electronic bills, you authorize and permit us to undertake the following actions on your behalf: (1) access third party websites, including websites maintained by Payees designated by you, to retrieve your account and billing information; and (2) use information submitted by you to us (such as account passwords and users names) to provide the Service and to configure the services. We may disclose your name, user name, and user passwords that you provide to third party websites, so that we can obtain the information you requested and display it to you in connection with the Service. When you provide such information, you authorize us to disclose such information in order to provide the Service. You acknowledge and agree that for the limited purpose described in this Section of the Agreement, we shall be acting on your behalf as agent for you, and the acts of us undertaken on Payee and other third party websites to provide you with the Service shall be deemed to be actions taken by you. The Service is not able to update or change your personal information, such as, but not limited to, name, address, phone number(s) and email address(es), that you have established with the Payee. Any changes to such information will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all user names and passwords for the Payee website. You also agree not to use someone else’s information to gain access to another person’s bill. Upon activation of the electronic bill presentment feature, we may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary and may take up to sixty (60) days, depending on the billing cycle of the Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. It is your responsibility to keep your accounts current. A Payee may deny your request to receive electronic bills. We will endeavor to present all of your electronic bills promptly through the Service. In addition to notification within the Service, we may send email notification to the email address listed for your Online Banking profile. It is your sole responsibility to ensure that this contact information is accurate. In the event you do not receive notification, it is your responsibility to periodically sign in to Online Banking and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills, regardless of whether or not we are able to present the electronic bills to you on a timely or complete basis. You agree to hold us and our service providers harmless should we or a Payee fail to deliver your monthly statement(s) or bill(s), or otherwise delay in such delivery. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly. We are not responsible for the underlying accuracy of your electronic bill(s). We are only responsible for accurately presenting the information that we receive or obtain from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Agreement does not alter your liability or obligations that currently exist between you and your Payee(s).

  • website Access. By providing us with the appropriate passwords, user names, PINs or other access codes (the "Access Codes") required to access information about you and/or your account on any website, you authorize us to access and retrieve the account information from the website that you have requested to be aggregated as Content (as defined above) and to configure the Service so that it is compatible with that website. By providing the Access Codes for a website, you also represent and warrant to us you are authorized to access the account information contained on the website. You grant us a limited, non-durable power of attorney, and you hereby appoint us as your true and lawful attorneys-in-fact and agents, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access BBVA Compass and third party websites, retrieve information, and use your information, all as described within this Agreement, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING INFORMATION FROM BBVA COMPASS AND THIRD PARTY websiteS, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF OR ON BEHALF OF BBVA COMPASS OR THE THIRD PARTY. You agree that third party account information providers shall be entitled to rely on the foregoing authorization, agency and limited, non-durable power of attorney granted by you. Except for those relationships, you understand that we have no relationship to, affiliation, or connection with any third party sites available for use with the Service. The Service is not endorsed or sponsored by any such account providers. You agree that we assume no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third party site. You acknowledge we are not a registered broker-dealer and do not endorse or recommend the products or services of any financial services provider except for Compass Bank. You acknowledge and agree that we may not maintain the same level of security against unauthorized access to your account information as the third party sites from which you authorize the Service to retrieve information on your behalf.

b. Liability and Warranties

  • Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CATEGORIZATION OF YOUR TRANSACTION INFORMATION WITHIN THE SERVICE IS AN ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND WE DISCLAIM ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION CATEGORIZATION. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THIS AGREEMENT, THEN THIS SECTION WILL CONTROL.

  • Third Party Products and the Service. We provide links to other websites and information about your Third Party Accounts at other online service providers as a convenience to you. The third party online service providers where you established your Third Party Accounts are solely responsible for the products and services they provide to you. We do not guarantee, endorse or provide any of the products or services available through the websites of third parties. We have no responsibility or liability in connection with the products or services offered by these service providers or the content of their websites. We remind you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From the Service website, users may visit or be directed to third party websites. We have no responsibility or liability for the security policies and procedures of those sites. These third party websites may contain information or material that may be offensive or inappropriate to some people. We make no effort to review the content of these sites, nor are we responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, we do not endorse or control the content of any third party website and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we or any party we designate will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available via the Service.

  • Limitation of Liability. YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, ACCOUNT INFORMATION PROVIDERS OR ANY OF THEIR AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY INDIRECT LOSS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH THE SERVICE (EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBLITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE LOSS OR DAMAGE (EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) THAT MAY BE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR RELATING TO THE AUTHORIZATION OF AND/OR DISCLOSURE OF YOUR SECURITY CODES, PASSWORD, PIN OR OTHER ACCESS CODE BY YOU TO ANY THIRD PARTY IN ORDER FOR SUCH PARTY TO COLLECT, RETRIEVE, CONSOLIDATE, AGGREGATE OR OTHERWISE GATHER ANY INFORMATION OR DATA REGARDING YOU OR ANY OF YOUR ACCOUNTS FROM ANY FINANCIAL INSTITUTION OR OTHER ENTITY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

  • Indemnification. You agree to indemnify and hold harmless BBVA Compass, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, and our service providers, from any and all third party claims, liability, damages, and to be responsible for all expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of the Service, your violation of this Agreement or your infringement of any intellectual property or other right of anyone, or caused by or arising from the use, violation or infringement by any other user of your subscription.

c. Termination

  • Termination by You. You may remove information about Third Party Accounts from the Service at any time by deleting each Third Party Account from the Service website. The only way to terminate the Service with respect to your BBVA Compass Online Accounts is to terminate your subscription to Online Banking. You may terminate your subscription to Online Banking by calling us at 800-273-1057.

  • Termination by Us. We may immediately terminate your use of the Service without notice to you if we discover you have violated any provision of this Agreement, including, but not limited to, those found in "Use of the Service." You acknowledge that we may, at our sole discretion and without notice to you, terminate your use of the Service due to an extended period of inactivity, which may be as little as ninety (90) days. Inactivity means that you do not use Online Banking. We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. In order to maintain the security and integrity of the Service, we may also suspend your access to the Service at any time without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

d. Assignment

You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of your and our successors and assigns. You agree not to resell or make any commercial use of the Service.

e. Yodlee

You acknowledge and agree that Yodlee is a third party beneficiary of Section 4.B.vii.b above.

C. Additional Services for Commercial Accounts Only

i. Wire Transfers for Commercial Accounts

We offer you the option to initiate outgoing domestic wire transfers from certain types of BBVA Compass Online Accounts, including commercial checking, savings and money market accounts (the "Wire Transfer Service"). Each BBVA Compass Online Account from which the Bank allows you to initiated wire transfers is referred to as a "Wire Transfer Account." From time to time, the Bank may allow wire transfers to be initiated from additional types of BBVA Compass Online Accounts, and any such additional types of BBVA Compass Online Accounts will be automatically included in the Wire Transfer Accounts that you may access through the Wire Transfer Service.

You may request the Wire Transfer Service by completing and submitting a Wire Transfer Request Form. By completing and submitting a Wire Transfer Request Form or permitting anyone to initiate a payment order for a wire transfer from a Wire Transfer Account, you agree to the terms and conditions of this Section.

This Section incorporates: (i) the designations and other information you provide in each Wire Transfer Request Form you execute through Online Banking; (ii) any instructions or additional information that may be provided to you regarding the Wire Transfer Service by us or through Online Banking; and (c) the Call-Back Amount that we will separately communicate to you. This Section covers only outgoing wire transfers, and does not apply to the processing and transmission of incoming, drawdown or any other wire transfers, which may not be initiated under this Section or this Agreement.

You may initiate payment orders for domestic wire transfers through Online Banking, subject to the following restrictions and conditions:

  • Authorization for Wire Transfer Service. You authorize and direct us to process each payment order for a wire transfer submitted through the Wire Transfer Service and in compliance with the Security Procedures described in this Section. We have no obligation at any time to process any payment order that exceeds the Available Balance (as that term is defined in the applicable Account Agreement) in the Wire Transfer Account at the time that you initiate the wire transfer. We have the right, but not the obligation, to refuse to process any payment order for the purpose of determining whether you authorized the payment order, and shall incur no liability for any delay caused by exercising this right. Wire transfers are "funds transfers" under and for purposes of Article 4A of the Uniform Commercial Code, as adopted in the state in which we maintain your Wire Transfer Accounts.

  • Authorized Wire Users. On the Wire Transfer Request Form, you may designate one or more Authorized Users (as defined in Section 4.C.iii) who are authorized to initiate wire transfers using the Wire Transfer Service (each, an "Authorized Wire User"). By logging in to Online Banking through the Bank’s website, you may designate each Wire Transfer Account from which any Authorized Wire User may initiate wire transfers.

  • Security Procedures. In addition to using the Security Codes described in Section 3, you and each Authorized Wire User also must use the security techniques that the Bank has established specifically for the Wire Transfer Service, which may include the use of randomly generated numbers and/or tokens or other security devices. These additional security techniques, together with the Security Codes, are referred to as the "Wire Transfer Security Procedures." The Bank may change the Wire Transfer Security Procedures as provided in Section 8.H below, and will provide instructions to you about the requirements of the Wire Transfer Security Procedures in effect from time to time. You agree that you and each Authorized Wire User will take all actions required to comply with the Wire Transfer Security Procedures, including maintaining the confidentiality and security of your Security Codes and any security devices, changing your Security Codes from time to time, and immediately reporting any suspected loss or unauthorized use of Security Codes or a security device. You agree to assume the risk of loss with respect to any wire transfer initiated by any Authorized Wire User who has failed to comply with the Wire Transfer Security Procedures, and you agree to hold the Bank harmless from and against any loss caused by this failure.

  • Bank’s Option to Call-Back. If the amount of any wire transfer initiated through the Wire Transfer Service equals or exceeds the Call-Back Amount separately communicated to you, the Bank, in its sole discretion, may elect to contact you telephonically to confirm the authorization for that wire transfer, even if doing so delays the execution of the wire transfer. On the Wire Transfer Request Form, you must provide the names, telephone numbers, and additional information for at least two (2) individuals who are authorized to receive telephone calls from the Bank regarding payment orders for wire transfers submitted through the Wire Transfer Service (each, an "Authenticator"). If all Authenticators are unavailable or if an Authenticator contacted by the Bank is unable to authenticate and confirm the payment order, the Bank may, at its discretion, suspend that transaction or payment order. If an Authenticator is unable to authenticate and confirm the payment order, the Bank shall not be required to contact any other person at your business. The Bank shall not be liable for any payment order that the Bank delays or suspends based upon its inability to contact an Authenticator or the Authenticator’s inability to confirm the authenticity of the transaction or payment order.

  • Your Agreement to Security Procedure. You agree that the Wire Transfer Security Procedures constitute a commercially reasonable security procedure for you. You agree to be bound by any payment order (or any request for cancellation or amendment of a payment order) for a wire transfer initiated through the Wire Transfer Service and accepted by the Bank in compliance with the Wire Transfer Security Procedures, regardless of whether or not you or any Authorized Wire User actually authorized the wire transfer. If a payment order for any wire transfer is accepted by the Bank in compliance with the Wire Transfer Security Procedures, and the payment order contains any error, to the full extent allowed by law you shall be liable for, and shall indemnify the Bank against, the amount of the payment order and all claims and all of the Bank’s losses and expenses, including attorneys’ fees, relating to the erroneous payment order. The Bank’s records demonstrating compliance with the Wire Transfer Security Procedures with respect to any payment order will be deemed conclusive proof that the payment order received by the Bank was authorized and you are bound by that payment order.

    If the payment order for a wire transfer (or any request for cancellation or amendment of a payment order) received by the Bank was transmitted or authorized by you or any Authorized Wire User, you shall be obligated to pay the amount of the payment order regardless of (i) whether or not the Bank complied with the Wire Transfer Security Procedures with respect to that payment order, (ii) whether or not that payment order was erroneous in any respect, and (iii) whether or not that error would have been detected if the Bank had complied with such Security Procedures.

    You acknowledge and agree that in the event you, whether acting directly or through an Authorized Wire User, request the Bank to accept any payment order for a wire transfer made by using any security procedures other than the Wire Transfer Security Procedures set forth in this Agreement (which the Bank may accept or refuse at its discretion), then you will be deemed to have chosen other security procedures after the Bank offered and you refused security procedures that were commercially reasonable for you, and you expressly agree to be bound by any payment order, whether or not authorized, issued in your name in accordance with such other security procedures.

  • Transfer Requests.
    • Initiating Transfers. Wire transfers shall be from Wire Transfer Accounts, and may be to any other account with the Bank, an affiliate of the Bank, or another bank or financial institution. You agree that, except as otherwise provided for in this Agreement, all wire transfers originated through the Wire Transfer Service shall comply with the Wire Transfer Security Procedures, all other terms of this Agreement, and the terms and provisions of Article 4A of the Uniform Commercial Code, as adopted in the state in which the Bank maintains your accounts.

    • Honoring Transfers. We will accept a payment order for a wire transfer only if the Authorized Wire User places the order in accordance with the terms and requirements stated in this Agreement and the Online Terms. We have no obligation to honor, either in whole or in part, the payment order for any wire transfer (or the cancellation or amendment thereto) that: (i) exceeds the Available Balance (as that term is defined in the applicable Account Agreement) in the Wire Transfer Account from which the transfer is requested; (ii) is not in accordance with each term and condition provided for in this Agreement and applicable law; (iii) is not, or we believe may not be, authorized or correct; or (iv) is impracticable or not feasible to accept. In addition, we shall be excused from failure or delay in issuing or accepting a payment order for a wire transfer if such issuance or acceptance would result in the Bank’s exceeding any limitation upon its intraday net funds position established pursuant to present or future guidelines or otherwise violating any provision of any present or future bank regulatory statute, rule, regulation or risk control program. If the applicable Wire Transfer Account does not contain sufficient funds for the requested wire transfer, we may, at our option, accept the payment order for the wire transfer and debit any such account into overdraft, and we shall not be liable for damages to you as a result thereof; provided, we have no obligation to debit any such account into overdraft. If we create an overdraft to complete a wire transfer, you agree to pay to us the amount of the overdraft upon demand, and, if applicable, interest accruing on the amount of the overdraft from the date of its creation at the maximum rate of interest permitted under applicable law. You hereby authorize us to charge any of your accounts held by us (even if not a Wire Transfer Account or a BBVA Compass Online Account) at any time for such amount.

      Except as otherwise provided in this Section, we agree to use reasonable efforts to execute each payment order for a wire transfer on the date received, provided that: (i) we receive your payment order no later than 4:30 p.m., Central Time; and (ii) such day is a Business Day for us, the Federal Reserve, and the beneficiary’s bank. In executing the payment order for any wire transfer, we may utilize such means of transmission as we reasonably select. If you originate multiple payment orders for execution on the same day, we may execute the payment orders in any order convenient to us. If you direct us to use a specific intermediary bank or specific means of execution, you assume all risks of failure or of non-payment by the intermediary bank and all risks of loss by the means directed.

    • Canceling and Amending Payment Orders. If you wish to cancel or amend a payment order previously transmitted to us, you must transmit notice of the requested cancellation or amendment in compliance with the Wire Transfer Security Procedures, and you must include the amount and recipient of the payment order in the notice. We will make a reasonable effort to comply with any request you make to cancel or amend a payment order that is made before our acceptance of that payment order but only if our Wire Transfer Department has been given sufficient notice and a reasonable opportunity to act on it. We have no obligation or duty to cancel or amend a payment order received from you after we accept the payment order. If we consent to cancel or amend an accepted payment order, you shall indemnify and hold us harmless for all loss and expense, including attorneys’ fees, relating to the cancellation and amendment or attempted cancellation and amendment.

    • Types of Wire Transfers. The Wire Transfer Service permits you both to submit payment orders for one-time transfers and to develop templates for recurring and repetitive wire transfers. The online system for the Wire Transfer Service provides instructions and procedures for submitting different kinds of wire transfers.

  • Fees. You agree to pay the fees for wire transfers provided in Section 8.A You also agree to pay and reimburse us for all governmental and third party fees or taxes arising out of or related to our providing the Wire Transfer Service to you.

  • Reliance on Your Instructions. You understand and agree that, unless we, in our sole discretion, elect to confirm any payment order for a wire transfer that equals or exceeds the Call-Back Amount, as described above, we will not verify the terms of any payment order submitted under this Section. You are solely responsible for the accuracy and completeness of all data, instructions or other information provided to us regarding any wire transfer initiated. You authorize us to process each payment order submitted in accordance with the information that we receive from you in accordance with the Wire Transfer Security Procedures. We shall have no responsibility for any erroneous information you provide and no liability for any losses you may suffer that arise from or relate to any erroneous information you provide for any payment order submitted hereunder.

  • Limitation of Liability. Except as otherwise required by applicable law, neither we nor our affiliates, third party service providers or their affiliates shall be liable, and you release and waive any and all claims against us, our affiliates, third party service providers or their affiliates for any and all losses, damages, claims, judgments, costs and expenses incurred by you or by any other person or entity, whether or not acting as your agent or employee, that arise from or relate to your use of the Wire Transfer Service. The limitations on the liability of the Bank, our affiliates, third party service providers or their affiliates provided in this Section are in addition to, and shall not diminish, any limitations on this liability contained in Section 7.B, any applicable Account Agreement or any other agreement between you and us.

  • Indemnity.
    • You agree to indemnify, protect and hold harmless the Bank, our service providers and affiliates (including their respective officers, employees and agents) from and against any and all losses, damages, claims, judgments, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your use of the Wire Transfer Service; or (ii) any errors, negligence, action, inaction, or involvement by you, the Bank, our service providers and affiliates, or their actual or apparent officers, employees, and agents, in connection with the Wire Transfer Service, or otherwise, including, but not limited to, third party claims for reimbursement or losses.

    • Actual receipt by us of proper notice or delivery of any information (including stop payment, return, process, dishonor, and similar notices required under this Section or any agreement executed by you from time to time) from you before the deadline required by us in our sole discretion is an express and non-waivable condition precedent to our related obligation to perform any service or to meet any deadline imposed by law, regulation, or any person. You bear the burden of proof of the time and manner of our actual receipt of any notice or transmittal of information.

  • Termination. In addition to the termination provided in Section 8.I, we may terminate the Wire Transfer Service at any time and without prior notice to you. We shall use reasonable efforts to communicate notice of the termination to you promptly, and will provide written confirmation of the termination if the initial notice of termination was not communicated in writing.

  • Representations and Warranties. You represent and warrant that each electronic communication submitted to us through the Wire Transfer Service, including without limitation each payment order, shall comply with this Agreement and all applicable law. You also represent and warrant that: (a) No Wire Transfer Account is a "consumer account" as contemplated by the Electronic Fund Transfer Act, 15 U.S.C. 1693 et seq., and Regulation E, 12 CFR Part 205; and (b) You shall submit a payment order on a Wire Transfer Account only for commercial purposes, and never for personal, family or household purposes. You agree to provide any additional information and to execute any additional documents or agreements that we may request in connection with your use of the Wire Transfer Service.

    EXCEPT AS REQUIRED BY LAW, THE BANK MAKES NO REPRESENTATIONS, WARRANTIES, AGREEMENTS, OR GUARANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (I) ANY REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO ANY ITEMS OR THE WIRE TRANSFER SERVICE PROVIDED BY THE BANK TO YOU; (II) ANY WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL 37 CODE AS ADOPTED IN THE STATE IN WHICH THE BANK MAINTAINS YOUR ACCOUNTS; (III) ANY WARRANTIES WITH RESPECT TO COMPLIANCE WITH THE ELECTRONIC FUNDS TRANSFER ACT OR REGULATION E OF THE FEDERAL RESERVE BOARD; (IV) ANY RULE OR REGULATION OF ANY AUTOMATED CLEARING SYSTEM; OR (V) ANY STATE ELECTRONIC FUND TRANSFER STATUTE OR REGULATIONS.

  • Identifying Information. You understand and agree that all wire transfers shall be executed on the basis of the following information provided in your payment order (which is referred to collectively as "Identifying Numbers"): (i) account number or other Identifying Number for the beneficiary; and (ii) the Identifying Number for any bank to or through which the funds are to be sent (a "Receiving Bank"). The Bank and any other bank processing the payment order for wire transfer (a "Processing Bank") may rely solely on the Identifying Numbers that you provide in your payment order, regardless of whether the order also identifies the beneficiary or Receiving Bank by name, and no Processing Bank has any obligation to confirm that any Identifying Number applies to any named beneficiary or Receiving Bank or to identify any discrepancy between any Identifying Number and the name provided for any beneficiary or Receiving Bank.

    We have no obligation to determine whether the recipient identified in any payment order is the accountholder for the account to which funds are to be transferred. If your instructions for any payment order contain any inconsistent information or other discrepancy regarding the name of the intended recipient and the account into which the funds are to be transferred, we shall make the transfer on the basis of the account number, even if that number identifies an account held by a person or entity other than the named recipient. If a payment order issued by you identifies an intermediary bank or beneficiary’s bank only by an Identifying Number or by both name and Identifying Number, the Receiving Bank may rely on the Identifying Number as the proper identification of the intermediary bank or beneficiary’s bank, even if such number identifies a person or entity different from the bank identified by name; and the Receiving Bank need not determine whether the name and number refer to the same person or entity or whether the number refers to the bank.

    The foregoing is intended to be consistent with and subject to the terms and provisions of Sections 4A-207 and 4A-208 of the Uniform Commercial Code as in effect in the state in which we maintain your Accounts. To the fullest extent permitted by law, (i) knowledge (whether actual or constructive) by us of any discrepancy or inconsistency in the information provided in connection with any payment order for a wire transfer shall not change or impair our right to execute a payment order for a wire transfer as provided herein, and (ii) neither we nor any Processing Bank shall have any liability for executing any payment order, even if it has knowledge of the discrepancy or inconsistency.

ii. ACH Payments for Commercial Accounts

We offer you the option to send employee, tax and vendor payments via the Automated Clearing House network ("ACH") through your subscription to Online Banking (the "ACH Payment Service"). You may request the ACH Payment Service and designate the single commercial checking account among your BBVA Compass Online Accounts from which these payments will be made (the "ACH Account"). By completing and submitting an ACH Request Form or permitting anyone to initiate a payment via ACH from the ACH Account, you agree to the terms and conditions of this Section.

This Section incorporates: (a) the designations and other information you provide in each ACH Request Form you complete and submit; (b) any instructions or additional information that may be provided to you regarding the ACH Payment Service by us or through Online Banking; and (c) the Prepaid Entry Settlement Limit that we will separately communicate to you. Unless otherwise defined in this Agreement, all capitalized terms shall have the meaning given to them in the NACHA Operating Rules and Guidelines. This Section covers only ACH credit entries, and does not apply to the processing and transmission of ACH debit files, batches or items or other ACH credit entries, which may not be initiated under this Section or this Agreement.

Definitions

  • "ACH Software" means the software that we use to provide the ACH Payment Service.

  • "Authorized ACH User" means an individual whom you have designated as an Authorized User (as defined in Section 4.C.iii), and also authorized to initiate Entries through the ACH Payment Service.

  • "Collected Funds" means (a) "Available Funds" (as that term is defined in the Account Agreement) in the ACH Account, (b) funds available to you from a line of credit that may be drawn upon and swept into the ACH Account on an automated basis, and (c) funds available to you from an investment account that may be drawn upon and swept into the ACH Account on an automated basis. Funds otherwise available from a line of credit or investment account that are or may be accessed on a manual sweep basis are not Collected Funds for the purpose of this Agreement.

  • "Corrected Entry" means an Entry submitted to correct an Incorrectly Formatted Entry.

  • "Entry" means an ACH credit entry file (including any batches contained within a file) which is submitted to us for processing under your subscription to Online Banking.

  • "Entry Window" means those specific times in each Business Day during which we may collect and process Entries via our ACH systems.

  • "Fed" means the Federal Reserve Bank, to which all Entries for Recipients to be paid through other financial institutions must be sent.

  • "Incorrectly Formatted Entry" means an Entry for which the ACH file, as determined by us in our sole discretion, fails to conform to the requirements of any and all applicable NACHA Operating Rules and Guidelines.

  • "In-Process Entry" means an Entry initiated through your subscription to Online Banking and in process on any date for which settlement has not occurred.

  • "Intended Transmission Date" means the last date on which we may transmit an Entry to the Fed in order for the Entry to settle with the recipient on the Requested Settlement Date.

  • "Last Fed Entry Window" means the last Entry Window during which we may transmit Entries to the Fed. This Entry Window currently is scheduled for 6 PM Central Time.

  • "NACHA" means the National Automated Clearing House Association.

  • "Overlimit Prepaid Entry" means an Entry that would cause the aggregate amount of all Entries submitted under your subscription to Online Banking to exceed the Prepaid Entry Settlement Limit.

  • "Participating Depository Financial Institutions" means, collectively, the Bank and all other financial institutions holding accounts held by you and Recipients which are accessible through an applicable regional clearing house association.

  • "Prepaid Entry Settlement Limit" means the maximum aggregate amount of all In-Process Entries that we will permit you to have outstanding at any given time. We will separately communicate the amount of the Prepaid Entry Settlement Limit to you in writing, and may increase or decrease this Limit by written notice to you at any time.

  • "Recipient" means the person, entity or other organization holding the account at a Participating Depository Institution to which an Entry relates.

  • "Requested Settlement Date" means the date you initially request as the date for an Entry to settle with its Recipient.

  • "Rules" mean the operating rules and operating guidelines of the applicable regional clearing house association and NACHA.

  • "Settlement Date" means, with respect to any Entry, the date on which such Entry is reported to the account of the Bank by the applicable Federal Reserve Bank in accordance with the Rules.

You may make payments via ACH through Online Banking, subject to the following restrictions and conditions:

  • Authorization for ACH Payment Service. You authorize and direct us to process each Entry submitted through the ACH Payment Service and in compliance with the Security Procedures described below. You are responsible for generating and authorizing all Entries and delivering the same to us in the form and format specified in this Section and by the system providing the ACH Payment Service.

  • Authorized ACH Users. You may establish one or more Authorized ACH Users. You also may establish procedures and limitations on the amount of Entries that an Authorized ACH User may initiate from the ACH Account.

  • Security Procedures. In addition to using the Security Codes described in Section 3, you and each Authorized ACH User also must use the security techniques that the Bank has established specifically for the ACH Payment Service, which may include the use of randomly generated numbers and/or tokens or other security devices. These additional security techniques, together with the Security Codes, are referred to as the "ACH Security Procedures." The Bank may change the ACH Security Procedures as provided in Section 8.H below, and will provide instructions to you about the requirements of the ACH Security Procedures in effect from time to time. You agree that you and each Authorized ACH User will take all actions required to comply with the ACH Security Procedures, including maintaining the confidentiality and security of your Security Codes and any security devices, changing your Security Codes from time to time, and immediately reporting any suspected loss or unauthorized use of Security Codes or a security device. You agree to assume the risk of loss with respect to any ACH transfer initiated by any Authorized ACH User who has failed to comply with the ACH Security Procedures, and you agree to hold the Bank harmless from and against any loss caused by this failure.

  • Your Agreement to Security Procedures. You agree that the ACH Security Procedures constitute a commercially reasonable security procedure for you. You agree to be bound by any Entry (or any request to reverse or cancel an Entry) for a transfer initiated through your Online Banking subscription and accepted by us in compliance with the ACH Security Procedures, regardless of whether or not you or any Authorized ACH User actually authorized the Entry. If an Entry is accepted by us in compliance with the ACH Security Procedures, and the Entry contains any error, to the full extent allowed by law you shall be liable for, and shall indemnify us against, the amount of the Entry and all claims and all of our losses and expenses, including attorneys’ fees, relating to the erroneous Entry. Our records demonstrating compliance with the ACH Security Procedures with respect to any Entry will be deemed conclusive proof that the Entry received by us was authorized and you are bound by that Entry.

    If an Entry (or any request to reverse or cancel an Entry) received by us was transmitted or authorized by you or any Authorized ACH User, you shall be obligated to pay the amount of the Entry regardless of (i) whether or not we complied with the ACH Security Procedures with respect to that Entry, (ii) whether or not that Entry was erroneous in any respect, and (iii) whether or not that error would have been detected if we had complied with the ACH Security Procedures.

    You acknowledge and agree that in the event you, whether acting directly or through an Authorized ACH User, request us to accept any Entry made by using any security procedures other than the ACH Security Procedures (which we may accept or refuse at our discretion), then you will be deemed to have chosen other security procedures after we offered and you refused security procedures that were commercially reasonable for you, and you expressly agree to be bound by any Entry, whether or not authorized, issued in your name in accordance with such other security procedures.

  • Prepayment for Entries. You authorize us, immediately upon our receipt of any Entry, to debit the ACH Account for the Collected Funds required by that Entry. You understand that, because of the automated systems used to provide ACH services, we automatically will debit the ACH Account for that Entry, even if the Entry subsequently will be suspended, as described below in the provision regarding Incorrectly Formatted Entries, in the provision regarding Entries that contain an ACH debit file, batch or item, and in the provision regarding Overlimit Prepaid Entries and In-Process Entries. You agree that, whenever you submit an Entry to us for processing and transmission, you must have Collected Funds in the ACH Account in an amount equal to or greater than the Entry, or, if more than one Entry is submitted, the aggregate amount of the submitted Entries. You understand that we may debit the ACH Account either by actually deducting funds from the ACH Account or by placing a hold on funds in the ACH Account. In either case, once we have debited the ACH Account for the funds required by the Entry, those funds will not be available to you for any other purpose, including the payment or settlement of other items from that ACH Account.

  • Timing for Prepayment of Entries. You acknowledge that we transmit Entries to the Fed only during certain Entry Windows. You agree that, regardless of your requests or instructions to us, we have no obligation to transmit any Entry to the Fed on a particular day unless there are Collected Funds in the ACH Account for that Entry before the Last Fed Entry Window for that day. You agree that, in the event the Collected Funds required for any Entry do not become available in the ACH Account until after the Last Fed Entry Window on the Intended Transmission Date, we are authorized to debit the ACH Account for the Collected Funds required for that Entry on the Intended Transmission Date, even though we may not transmit the Entry until an Entry Window on the next Business Day.

    You acknowledge and agree that, if the Collected Funds required for any Entry do not become available in the ACH Account until after the Last Fed Entry Window on the Intended Transmission Date, then the Entry may not settle with its intended recipient until a date after the Requested Settlement Date.

  • Prohibited Payments. You agree not to use the ACH Payment Service to make 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.

  • Insufficient Collected Funds. If you do not have sufficient Collected Funds in the ACH Account for any Entry, we have no obligation to process or to transmit that Entry, and may suspend processing of that Entry. If you have submitted more than one Entry, we may process and transmit only those Entries for which you have Collected Funds. If we receive an Entry for which there are insufficient Collected Funds in the ACH Account, we may attempt to notify you, but you agree that we shall have no liability to you for failure to notify you regarding the insufficiency of Collected Funds. We will maintain the suspended Entry in our ACH system until the Requested Settlement Date, checking at each Entry Window to see if sufficient Collected Funds have become available in the ACH Account for that Entry. If sufficient Collected Funds are not available in the ACH Account for the suspended Entry by 9 PM Central Time on the Requested Settlement Date, that Entry automatically will be deleted from our ACH system.

    You acknowledge and agree that, if you submit an Entry for which there are insufficient Collected Funds in the ACH Account at the time of submission, then

    • The Entry may be deleted from our ACH system and never settle with its intended recipient, or

    • Even if Collected Funds should become available in the ACH Account at a later time, the Entry may not settle with its intended recipient until a date after the Requested Settlement Date.

  • Incorrectly Formatted Entries. You agree to submit each Entry to us via an ACH file that conforms to the requirements of any and all applicable NACHA Rules. You agree that we have no obligation to process or to transmit any Incorrectly Formatted Entry, and we may suspend that Entry, even if you have Collected Funds available in the ACH Account for that Entry and we already have debited the ACH Account for those Funds. If we receive an Incorrectly Formatted Entry, we may attempt to notify you regarding the suspension and the nature of the Incorrectly Formatted Entry’s formatting deficiencies, but you agree that we shall have no duty to correct the formatting and no liability to you for failure to provide this notice. You understand that any hold on Collected Funds covered by an Incorrectly Formatted Entry will remain until the earlier of: (i) the Entry Window occurring after you have submitted to us an authorization to delete the Incorrectly Formatted Entry, and after we have had a reasonable period of time to act on that authorization; or (ii) our completion of nightly system processing on the Requested Settlement Date.

    You agree that, in order to correct an Incorrectly Formatted Entry, you must: (A) submit authorization to delete the Incorrectly Formatted Entry to us, which shall cause us to initiate in a subsequent Entry Window a credit to the ACH Account for the amount of Collected Funds previously debited for the Incorrectly Formatted Entry; and (B) submit a Corrected Entry to us. You acknowledge that, if we receive the Corrected Entry before receiving the authorization to delete the Incorrectly Formatted Entry or if we receive both the Corrected Entry and the authorization to delete during the same Entry Window, the Corrected Entry will be processed first, and the Collected Funds required for the Corrected Entry will be debited from the ACH Account before the amount of Collected Funds previously debited for the Incorrectly Formatted Entry can be credited to the ACH Account.

    We make no representation or warranty with respect to the amount of time that may pass before a credit posts to the ACH Account for the Incorrectly Formatted Entry. You acknowledge that, depending on when we receive the authorization to delete the Incorrectly Formatted Entry, the credit to the ACH Account for the Incorrectly Formatted Entry may not be posted until the next Business Day following your submission of that authorization.

    You acknowledge and agree that, because of the automated systems used to provide ACH services:

    • Unless you have the Collected Funds required for both an Incorrectly Formatted Entry and a Corrected Entry in the ACH Account at the time you submit the Corrected Entry, the Corrected Entry may not be transmitted until the credit for the Collected Funds debited in connection with the Incorrectly Formatted Entry is posted to the ACH Account; and

    • If you submit an Incorrectly Formatted Entry, then: (i) that Entry may be deleted from our ACH system and never settle with its intended recipient, or (ii) even if you send a Corrected Entry, that Entry may not settle with its intended recipient until a date after the original Requested Settlement Date.

  • Entries Under This Addendum May Not Contain Debit Files, Batches or Items. You agree to include only ACH credit files, batches and items within an Entry submitted under this Agreement. You agree that, if any prepaid Entry submitted under this Agreement contains an ACH debit file, batch or item, we have no obligation to process or to transmit that Entry and we may suspend that Entry, even if you have Collected Funds available in the ACH Account for that Entry, and we already have debited those Collected Funds from the ACH Account. You understand that, if you wish to submit ACH debit items, you first must obtain our approval and enter into a separate agreement with us.

    If we receive an Entry that contains an ACH debit file, batch or item, we may attempt to notify you regarding the suspension of that Entry, but you agree that we shall have no duty to correct the Entry by deleting the ACH debit file, batch or item, and no liability to you for failure to provide this notice.

    Any Entry that contains an ACH debit file, batch or item will be considered an Incorrectly Formatted Entry. You understand that any hold on Collected Funds covered by an Entry that contains an ACH debit file, batch or item will remain until earlier of: (i) the Entry Window occurring after you have submitted to us an authorization to delete the Incorrectly Formatted Entry, and after we have had a reasonable period of time to act on that authorization; or (ii) our completion of nightly system processing on the Requested Settlement Date.

    You acknowledge that, if you submit another Entry to replace an Entry that contains an ACH debit file, batch or item, and we receive the Corrected Entry before receiving your authorization to delete the original Entry or we receive both the Corrected Entry and the authorization to delete during the same Entry Window, the Corrected Entry will be processed first, and the Collected Funds required for the Corrected Entry will be debited from the ACH Account before the amount of Collected Funds debited for the original Entry can be credited to the ACH Account. We make no representation or warranty with respect to the amount of time that may pass before a credit posts to the ACH Account upon the deletion of any Entry. You acknowledge that, depending on when we receive the authorization to delete an Entry, the credit to the ACH Account for the deleted Entry may not be posted until the next business day following your submission of that authorization.

    You acknowledge and agree that, because of the automated systems used to provide ACH services, if you submit any Entry that contains an ACH debit file, batch or item, then:

    • The Entry may be deleted from our ACH system and never settle with its intended recipient;

    • The Entry may not settle with its intended recipient until a date after the original Requested Settlement Date; and

    • The Entry will be considered an Incorrectly Formatted Entry.

  • Overlimit Prepaid Entries; Entries In Excess Of Prepaid Entry Settlement Limit. You agree that we have no obligation to process or to transmit an Overlimit Prepaid Entry. We will treat each submission of an Overlimit Prepaid Entry as your request for approval of an increased Prepaid Entry Settlement Limit, which we may grant or deny at our sole discretion. If you submit an Overlimit Prepaid Entry, we may suspend the Overlimit Prepaid Entry and any or all In-Process Entries, even if you have Collected Funds available in the ACH Account for the Overlimit Prepaid Entry and the In-Process Entries, and we already have debited Collected Funds from the ACH Account for any or all of those Entries. For each Entry suspended because your In-Process Entries exceed the Prepaid Entry Settlement Limit, we will evaluate your request for an increased Prepaid Entry Settlement Limit and notify you as promptly as practicable, but in no event later than two (2) business days after suspending the Entry, whether we will: (i) process and transmit that Entry; or (ii) reject that Entry and credit the ACH Account for the amount of that Entry.

    If you wish to initiate an Entry that would cause the amount of In-Process Entries to exceed the Entry Settlement Limit, you may submit to us your request to initiate an Entry that otherwise would be an Overlimit Entry. You must submit your request at least two (2) business days prior to the date on which you wish to initiate the Entry that otherwise would be an Overlimit Entry. We may require you to provide financial or other information in order to assist us in evaluating your request. We may grant or deny your request in our sole discretion.

    You acknowledge and agree that, because of the automated systems used to provide ACH services, if you submit any Overlimit Prepaid Entry, then:

    • The Overlimit Prepaid Entry and any related In-Process Entry may be suspended and we will determine whether to approve the processing of all of those Entries; and

    • Even if we determine to approve the processing of Entries in excess of your Prepaid Entry Settlement Limit, the Overlimit Prepaid Entry and related In-Process Entries may not settle on the Requested Settlement Date unless you have allowed an additional two (2) business days for processing those Entries.

  • Reversing Erroneous Files, Batches or Items. If you send an erroneous file, batch or item, you must contact us to request us to initiate a reversal of that file, batch or item.

  • Multiple Entries. If you submit multiple Entries during a single Entry Window, we may process those Entries in any order as determined by us in our sole discretion. If there are insufficient Collected Funds in the ACH Account to pay any Entry, we may suspend that Entry and process any remaining Entries. If you submit one or more additional Entries while a previous Entry remains suspended, we will process the additional Entries, and then will re-process each suspended Entry to determine whether there are sufficient Collected Funds in the ACH Account for that Entry.

  • Your Additional Obligations.

    • Signed Authorization. Prior to the initiation of the first Entry to the ACH Account, you will obtain completed and duly executed written authorization agreements ("Authorization Agreements") from all Recipients that desire preauthorized electronic transfers to their accounts with Participating Depository Financial Institutions ("Recipient ACH Accounts"). The Authorization Agreements shall authorize you to initiate Entries with respect to each Recipient ACH Account. The Authorization Agreements shall be in a form that complies with the Rules, Regulation E of the Board of Governors of the United States Federal Reserve Board, the Electronic Funds Transfer Act, and all other applicable federal and state laws and regulations. You agree to provide a copy of the Authorization Agreement to the Recipient at the time it is executed. You agree to retain and maintain the original or a microfilm or other copy of the Authorization Agreement and its records relating to the Authorization Agreement as required by the Rules. Without limiting any term or provision of this Agreement, you shall indemnify and hold us harmless for your failure to comply with the terms of the preceding sentence. Upon our request, an Originating Depository Financial Institution, or a Receiving Depository Financial Institution, you shall promptly furnish an original or copy of the Authorization Agreement to the requesting party. If the Recipients' Authorization Agreements are changed, you shall not initiate any Entries to or from those Recipients' ACH Accounts, except in accordance with the Authorization Agreement as changed. You shall not initiate any Entries to or from any Recipients' ACH Accounts after expiration, termination, or cancellation of those Recipients' Authorization Agreements. You agree to release and hold us harmless from and against any loss, cost, demand, action or cause of action arising from any dispute between you and any Recipient with respect to any Authorization Agreement.

    • Notice of Entries. You shall provide each Recipient with positive written notice of each credit Entry to the Recipient's ACH Account, and shall otherwise fully comply with the provisions of the Electronic Funds Transfer Act, Regulation E of the Board of Governors of the United States Federal Reserve Board and any applicable state law, rules or regulations governing electronic fund transfers.

    • Delivery. You shall be solely responsible for submitting all Entries within the time periods specified in the Instructional Material and, upon our request, for delivering to us any other data, information, instruments, and documents relating to each Entry submitted through the ACH Payment Service. We may reject any Entry determined by us, in our sole discretion, to have been submitted after or before the time required by any applicable schedule or deadline.

    • Training Authorized ACH Users. You are solely responsible to assure that each Authorized ACH User shall be trained on and familiar with the systems used to provide the ACH Payment Service, the procedures described in this Addendum, and NACHA’s Rules and ACH Originators Handbook.

  • Scope of the ACH Payment Service. We will process and transmit the Entries submitted through the ACH Payment Service to the Participating Financial Depository Institutions, subject to the Rules and this Agreement. We have no obligation to act on, correct, reverse, adjust, or stop payment or posting of Entries or Entry data that does not comply with the requirements or deadlines of the Bank or the Rules. We have no obligation to detect errors with respect to any Entry. However, if we detect an error with respect to an Entry, we will attempt to give you notice of the error, and you agree to furnish to us corrections promptly via the systems that provide the ACH Payment Service or as we shall direct. If you discover that any Entry is in error, you immediately shall give telephonic notice to us of the complete nature of the error and each affected Entry, and immediately thereafter shall confirm your telephonic notice in writing. You have no right to reverse, adjust or stop payment or posting of any Entry after the Entry has been transmitted by us or subsequent to any earlier time as the Rules or we may prescribe from time to time, except in accordance with procedures contained in the Rules, or any other applicable agreement. We reserve the right to limit the nature and amount of the Entries processed under this Agreement and to refuse to process any Entry if, in our sole judgment (a) there is reasonable cause to believe that any Entry will be returned or will not settle in the ordinary course of the transaction for any reason, (b) to do otherwise would violate any limit set by the applicable clearing house association or any governmental authority or agency to control payment system risk, or (c) an Entry would create an overdraft of an ACH Account. If any of the foregoing actions are taken by us with respect to a particular Entry, we will notify you as promptly as practicable, but in no event later than two (2) business days after our decision. We have no obligation at any time to process any Entry that exceeds the Collected Funds in the ACH Account at the time that you initiate the Entry. We have the right, but not the obligation, to refuse to process any Entry for the purpose of determining whether you authorized the Entry, and shall incur no liability for any delay caused by exercising this right. We have no obligation whatsoever at any time to verify any Entry or to confirm that the Entry is initiated to make employee, tax or vendor payments, and we will have no liability for failing to verify any Entry or confirm the purpose of any Entry.

  • Effect of Rules. You agree to comply with and be bound by the Rules, as they may be amended from time to time, including all limitations and requirements imposed upon you as an "Originator" under the Rules. Any changes in the Rules shall be deemed automatically to amend this Agreement, effective as of the date the changes in the Rules become effective. You agree that no Rule shall be deemed to diminish our rights under this Agreement, except in the case of direct conflict, in which event the Rules shall control. Without limiting the foregoing, we may issue from time to time operating rules and procedures to you describing the operating procedures for the ACH Payment Service. From time to time, we may also issue updates to the operating rules and procedures. You agree that you will access and utilize the ACH Payment Service in accordance with our operating rules and procedures.

  • Fees. You agree to pay the fees for the ACH Payment Service provided in Section 8.A. You also agree to pay and reimburse us for all governmental and third party fees or taxes arising out of or related to our providing the ACH Payment Service to you.

  • Reliance on Your Instructions. You understand and agree that, unless we, in our sole discretion, elect to do so, we will not verify the terms of any Entry submitted through the ACH Payment Service. You are solely responsible for the accuracy and completeness of all data, instructions or other information regarding any Entry that is provided to us. You authorize us to process each Entry submitted through the ACH Payment Service in accordance with the information that we receive from you in accordance with the ACH Security Procedures. We shall have no responsibility for any erroneous information you provide, and no liability for any losses you may suffer that arise from or relate to any erroneous information you provide for any Entry submitted through the ACH Payment Service.

  • Limitation of Liability. Except as otherwise required by applicable law, neither we nor our affiliates, third party service providers or their affiliates shall be liable, and you release and waive any and all claims against us, our affiliates, third party service providers or their affiliates for any and all losses, damages, claims, judgments, costs and expenses incurred by you or by any other person or entity, whether or not acting as your agent or employee, that arise from or relate to your use of the ACH Payment Service. The limitations on the liability of the Bank, our affiliates, third party service providers or their affiliates provided in this Section are in addition to, and shall not diminish, any limitations on this liability contained in Section 7.B., any applicable Account Agreement or any other agreement between you and us.

  • Indemnity.

    • You agree to indemnify, protect and hold harmless the Bank, our service providers and affiliates (including their respective officers, employees and agents) from and against any and all losses, damages, claims, judgments, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) your use of the ACH Payment Service; (ii) any errors, negligence, action, inaction, or involvement by you, the Bank, our service providers and affiliates, or their actual or apparent officers, employees, and agents in connection with the ACH Payment Service, or otherwise; (iii) submission of: (A) any Entry for which there are insufficient Collected Funds at the time of submission; (B) any Incorrectly Formatted Entry; (C) any prepaid Entry submitted under this Agreement that contains an ACH debit file, batch or item; or (D) any Entry that later is delayed or suspended for any other reason.

    • Actual receipt by us of proper notice or delivery of any information (e.g., stop payment, return, processing, dishonor and similar notices required by law or under this Section, this Agreement, the Rules, or any other applicable agreement) from you before the deadline required by us in our sole discretion is an express and non-waivable condition precedent to our related obligation to perform any service or to meet any deadline imposed by law, any agreement or any person. You bear the burden of proof of the time and manner of our actual receipt of any notice or transmittal of information.

  • Termination. In addition to the termination rights provided in Section 8.I, we may terminate the ACH Payment Service at any time and without notice to you or any other person if, on three (3) or more separate dates, you submit any Entry for which there are insufficient Collected Funds in the ACH Account at the time of submission. We shall use reasonable efforts to communicate notice of the termination to you promptly, and will provide written confirmation of the termination if the initial notice of termination was not communicated in writing.

  • Representations and Warranties. You represent and warrant that each electronic communication submitted through the ACH Payment Service, including without limitation each Entry, shall comply with this Agreement, the NACHA Rules and all applicable law. You also represent and warrant that: (a) The ACH Account is not a "consumer account" as contemplated by the Electronic Fund Transfer Act, 15 U.S.C. 1693 et seq., and Regulation E, 12 CFR Part 205; (b) You shall submit an Entry on the ACH Account only for commercial purposes, and never for personal, family or household purposes; (c) You shall submit an Entry only to make an employee, tax or vendor payment, and for no other purpose; and (d) Each Entry shall be in the form of an unbalanced file. As used in this provision, an unbalanced file means an Entry that contains only the originating items for that Entry without any corresponding offset or settlement transaction. All Prenotifications and Entries shall be submitted through the ACH Payment Service prior to the opening of business on the applicable Settlement Date in computer readable media as provided under the Rules, and in the record format specified by us from time to time. We may reject any Entry which we determine in our sole discretion not to be in compliance with our then applicable format requirements, the Rules, any federal or state laws or regulations, or the terms and conditions of this Agreement. You agree that we have no responsibility to determine whether you have complied with any federal or state law or regulation. You agree to provide any additional information and to execute any additional documents or agreements that we may request in connection with your use of the ACH Payment Service.

EXCEPT AS REQUIRED BY LAW, THE BANK MAKES NO REPRESENTATIONS, WARRANTIES, AGREEMENTS, OR GUARANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (I) ANY REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE ACH PAYMENT SERVICE PROVIDED BY THE BANK TO YOU; (II) ANY WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE AS ADOPTED IN THE STATE IN WHICH THE BANK MAINTAINS YOUR ACCOUNTS; (III) ANY WARRANTIES WITH RESPECT TO COMPLIANCE WITH THE ELECTRONIC FUNDS TRANSFER ACT OR REGULATION E OF THE FEDERAL RESERVE BOARD; (IV) ANY RULE OR REGULATION OF ANY AUTOMATED CLEARING SYSTEM; OR (V) ANY STATE ELECTRONIC FUND TRANSFER STATUTE OR REGULATIONS.

iii. Designating and Managing Users

As long as your Online Accounts include at least one commercial BBVA Compass Online Account and you access Online Banking through the Bank’s website, you may administer use of the Services through a "Primary Administrator". If you are a sole proprietor, you will serve as the Primary Administrator. If you are a business entity, the Primary Administrator must be an individual who is authorized by resolution to serve in this position. The Primary Administrator is entitled:

  • To access each of your Online Accounts and to perform all of the functions described in Section 4 above that are provided in connection with your subscription to Online Banking with respect to each Online Account;

  • To designate one or more additional individuals who will be authorized to access and use your subscription to Online Banking (each referred to as an "Authorized User") and one or more Authorized Users who also are entitled to administer access to and use your subscription to Online Banking (each referred to as an "Additional Administrator"); and

  • To establish the scope of authority for each Authorized User and each Additional Administrator with respect to your Online Accounts and Services included with your subscription to Online Banking and, if applicable, for each Authorized Wire User and each Authorized ACH User.

If you desire to change the Primary Administrator, you must provide prior written notice of the change to the Bank, and this notice must be signed by the new Primary Administrator.

5. Rewards

A. Simple Cash BackSM

The BBVA Compass Simple Cash Back program (the "Program") is a promotional program offered by BBVA Compass that permits Online Banking users to receive offers for Rewards to be provided by Participating Merchants through the Online Banking Service, as described below. BBVA Compass reserves the right to disqualify Online Banking users who violate the following terms or any Online Terms for the Program, as they may be changed from time to time. We do not share individually identifiable information with merchants as part of Simple Cash Back, and you may choose to opt-out of receiving offers for Rewards as provided in "Your Right to Opt-Out."

Definitions

  • "Participating Merchant" means any seller of goods or services who offers or makes available Rewards through the Program.

  • "Program" means the BBVA Compass Simple Cash Back program, as modified or amended from time to time, whereby Online Banking customers may receive and activate offers to earn cash rewards, discounts, or other incentives from Participating Merchants by using the BBVA Compass Visa® Check Card or Credit Card linked to a Qualifying Account to purchase goods or services from the Participating Merchants. The Program may be provided directly by the Bank or indirectly through a Service Provider.

  • "Qualifying Account" means any BBVA Compass deposit account or BBVA Compass credit card account you own that is a BBVA Compass Online Account and is eligible, as determined by us in our discretion, to participate in the Program or to which or through which Rewards are offered, made available or credited.

  • "Qualifying Purchase" means any purchase made with a BBVA Compass Visa Check Card or Credit Card issued to a Qualifying Account that meets the terms and conditions of a specific Reward offer you have activated through the Online Banking Service.

  • "Reward" means any cash reward, discount, or other incentive made available, offered, or credited to you, or accepted or received by you, through the Program.

Your participation in the Program or your receipt of any Reward offered through the Program constitutes your acceptance of and agreement to the terms of the Program. The Program is offered at our sole discretion and we have no obligation to continue the Program or to make the Program available to you. We reserve the right to change, suspend or terminate the Program, in whole or in part, at any time in our discretion, as described more fully below in "Termination; Changes to the Program."

  • Enrollment. Qualifying Accounts will be automatically enrolled in the Program. There is no charge for participating in the Program at this time. If we determine to charge fees in the future, we will notify you as provided in Section 8.N before we begin charging any fees for participation in the Program.

  • Your Right to Opt-Out. Receiving offers for rewards as part of the Program is optional, and you may choose to opt-out of receiving offers for Rewards at any time. To opt-out, you must follow the opt-out instructions provided in the Online Terms for the Program. If you opt-out, you will not receive any further Program offers, and you will not earn any Rewards on purchases you made after you opt-out, even if you were provided with an offer prior to opting-out.

  • Earning Rewards. In order to earn any Reward you must first click on the offer within Online Banking. To earn any Reward offered through the Program, you must use the BBVA Compass Visa Check Card or Credit Card associated with the Qualifying Account that received the offer. You will earn a Reward from Participating Merchants based on the total amount of a Qualifying Purchase. The amount of any Reward available and any specific terms and conditions related to a particular offer will be included in the offer. However, in general, a Reward will not be earned for any portion of your purchase that you pay for with store credit, gift certifications or other payment types. We reserve the right to determine, in our sole discretion, whether a particular BBVA Compass Visa Check Card or Credit Card transaction is a Qualifying Purchase. Rewards are credited only on Qualifying Purchases. When goods or services purchased with your BBVA Compass Visa Check Card or Credit Card are returned within thirty (30) days after the initial date of purchase, you will not earn a Reward for such purchase. Subject to different terms and conditions that may apply to a specific offer, Qualifying Purchases can be made online, at a store location, or by telephone. You will not earn any Reward as part of this Program if you are using a non-BBVA Compass debit card/credit card or any method of payment other than the BBVA Compass Visa Check Card or Credit Card for the Qualifying Account that received the offer. A Participating Merchant may withdraw any unactivated Reward offer at any time. No Participating Merchant has any obligation to repeat or re-offer any Reward. Participating Merchants may join and leave the Program at any time and leave from time to time.

  • Receiving Rewards. We will credit any Reward to your Qualifying Account upon receiving payment of that Reward from the Participating Merchant, which generally is one month following the month a Reward is earned. For specific information regarding Rewards earned, you may visit the Cash Back Hub located within Online Banking. Since we don’t share your personal information with merchants as part of the Program, we cannot credit your Qualifying Account immediately at the time a Qualifying Purchase is made. In the event that you have made a Qualifying Purchase for which you did not receive the Reward or if you believe the amount you received is incorrect, please contact BBVA Compass as provided in Section 8.C. We will attempt to resolve your dispute, but Participating Merchants (not BBVA Compass) are solely responsible for the payment of any Reward offered through the Program, as described more fully in "Disputes with Participating Merchants."

  • Taxes and Fees. It is your responsibility to determine what, if any, taxes apply to any Rewards you may earn or receive through this Program and you will be solely responsible for any federal, state, or local taxes resulting from any Rewards earned or received by you. In the event any Reward is subject to any fulfillment, redemption or other incidental fees or charges, you will be solely responsible for such fees and charges.

  • No Rewards if Account Closed or Not in Good Standing. If your Qualifying Account is closed for any reason prior to the crediting of any earned Reward to your Qualifying Account, or if your Qualifying Account is otherwise not in good standing or unable to receive credits, such Reward will be forfeited in its entirety, and neither we nor the Participating Merchant shall have any liability to you as a result thereof.

  • Program Void Where Prohibited. The Program is void where prohibited by federal, state, or local law. Rewards may not be valid where restricted by federal, state, or local law, and we shall have no liability to you whatsoever in the event any applicable law invalidates any Reward.

  • Exclusions of Warranties. PARTICIPATING MERCHANTS ARE NOT AFFILIATED WITH BBVA COMPASS OR ANY OF ITS AFFILIATED COMPANIES. WE DO NOT MAKE, AND WE HEREBY DISCLAIM, ANY REPRESENTATION, WARRANTY, OR ENDORSEMENT (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO ANY AND ALL PARTICIPATING MERCHANTS AND ANY AND ALL OF THEIR RESPECTIVE GOODS AND/OR SERVICES.

  • Disputes with Participating Merchants.

    • About goods or services – If you have any claim against or dispute with any Participating Merchant concerning goods or services purchased from the Participating Merchant, you agree to resolve such claim or dispute directly with the Participating Merchant. You agree that we shall have no liability whatsoever arising out of such claim or dispute, and you agree not to involve us in such claim or dispute.

    • About Rewards – Participating Merchants are solely responsible for establishing the terms and conditions for Reward offers, and you are solely responsible for complying with such terms and conditions as necessary to earn and receive Rewards from Participating Merchants. Participating Merchants are solely responsible for the payment of any Reward offered through the Program. You acknowledge and agree that BBVA Compass assumes no responsibility for, and shall have no liability to you for the payment of any Reward.

    • About charges on your BBVA Compass Check Card or Credit Card – If you have any dispute with any Participating Merchant concerning a charge on your BBVA Compass Check Card or Credit Card, you must report that dispute to us as provided in a separate agreement for your Check Card or Credit Card, not the Error Resolution provisions of this Agreement.

  • Limitation of Liability. You agree that BBVA Compass shall have no liability to you for, and you hereby absolutely and unconditionally release and discharge us, our affiliates, and the respective officers, directors, shareholders, agents and employees of both, from any and all losses, costs, suits, damages, claims, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising from or related in any way to (i) the Program, (ii) the performance or non-performance by any Participating Merchant of any of its obligations related to any Reward (including, without limitation, the payment of any Reward), and/or (iii) any goods or services purchased or otherwise obtained by you from any Participating Merchant and/or any act or omission by any Participating Merchant in connection with any transaction between you and any Participating Merchant. In the event you are dissatisfied in any way with respect to the Program, or any transaction with a Participating Merchant, your sole and exclusive remedy as between you and us shall be to opt-out of receiving offers for Rewards.

  • Third Party Websites. In connection with the Program, we may provide links from our website to the websites of Participating Merchants or other third parties (any such website, a "Third Party Website"). We do not own, operate, control or maintain Third Party Websites, and any links to such websites are provided strictly for your convenience. If you click a link for a Third Party Website, you will be leaving our website and entering the Third Party Website. We (i) do not control nor are we responsible for the content, products and/or services provided by or through any Third Party Website, (ii) do not endorse or guarantee the products, information, or recommendations provided by or through any Third Party Website, and (iii) are not liable for any failure of the products or services advertised on or provided by or through any Third Party Website. The privacy and information-sharing and security policies and procedures of Third Party Websites are separate and distinct from our policies and procedures, and a Third Party Website may not be as secure as our website.

  • Frequently Asked Questions. Any frequently-asked-questions and other informational material regarding the Program that is published at our website (collectively, "FAQs") constitute a part of these Program terms and are incorporated herein by reference; provided, that in the event of a conflict between such FAQs and the Program terms set forth herein, the terms set forth herein shall govern and control.

  • Termination; Changes to the Program. We reserve the right to suspend or terminate the Program or to change the Program’s terms, in whole or in part, at any time with or without notice, even though changes may affect your ability to earn Rewards. If notice is given, it will be given to you in accordance with Section 8.N of this Agreement. Your continued participation in the Program after any change shall be deemed to be your acceptance of any such change. If you do not agree to any change of these terms, you must immediately cease participation in the Program. We will attempt to give advance notice to you before terminating or making changes to the Program, unless immediate changes are required by law or by other circumstances beyond our control.

B. CompassPoints

CompassPoints is a promotional rewards program ("Program") offered by BBVA Compass. In this Program, "you" or "your" means everyone that may be a business or consumer accountholder (joint or otherwise) on a BBVA Compass Credit Card, Check Card, Optimizer Secured Credit Card, Safe Spend Prepaid Card, or BBVA Compass Select credit cards. BBVA Compass reserves the right to disqualify any individual or joint account holders who violate the following terms, any Online Terms for the Program, any Program rules, terms, or conditions posted on the Websites listed below) or otherwise disclosed by BBVA Compass. CompassPoints® is a registered trademark of Compass Bank.

  • Contact Information. Customers may contact BBVA Compass about the program, to make redemptions, or specific questions related to CompassPoints by calling or going to the websites listed below (“Websites”). You may also access the Websites through the CompassPoints section of Online Banking.

    Card Type Phone Number Website
    BBVA Compass Select Credit Card 877-676-5172 www.bbvacompass.com/selectrewards
    All other card products 87-REWARDS1(1-877-392-7371) www.bbvacompass.com/rewards


  • Enrollment. BBVA Compass Consumer and Business Credit and Charge Cards eligible for CompassPoints® will be auto-enrolled in CompassPoints® and you agree to be bound by the terms of the Program. As of April 1, 2012, BBVA Compass Optimizer Secured Credit Cards and BBVA Compass Safe Spend Prepaid Cards are eligible to participate in the CompassPoints® Reward Program through the special retail offers provided on the Websites. BBVA Compass Optimizer Secured Credit and Safe Spend Prepaid Cards will be automatically enrolled in CompassPoints. Any BBVA Compass Consumer or Business Check Card (or Debit Card) must actively enroll and establish a Program account ("CompassPoints® account") to participate in the Program. You may enroll by visiting the Websites or calling the appropriate phone number for your product listed above. Any primary or authorized user of a BBVA Compass Check Card associated with the primary checking account can enroll in CompassPoints®. Immediately thereafter, all other check cards with access to the primary checking account are automatically enrolled in the Program and begin accruing points under one CompassPoints® account. Business Credit Card accounts will be automatically linked together based on the business entity name and owner information. If any existing BBVA Consumer or Business Check Card was enrolled in the Visa Extras rewards Program prior to August 1, 2009, the Consumer or Business Check Card will be auto-enrolled in CompassPoints® and you agree to be bound by the terms of the CompassPoints® rewards Program.

    BBVA Compass Simplified Line of Credit accounts opened on or before July 1, 2011 will be auto-enrolled in CompassPoints® and you agree to be bound by the terms of the Program. Any Simplified Line of Credit account opened after July 1, 2011 will not be auto-enrolled in the program and will not earn new points unless issued through a BBVA Compass Special Promotion at the complete discretion of the bank.

    CompassInspire® Credit Accounts are no longer be able to register for the program after August 31, 2012.

    There is no charge for participating in the Program at this time. We reserve the right to change this policy and charge fees to the CompassPoints® account in the future. You will be notified in Online Banking or on the Websites if any fee changes occur.

  • Earning Points. CompassPoints® accrue at a rate of one point for each dollar of net retail purchases made with your BBVA Compass Consumer and Business Credit Card. (As used herein, the term "Compass Credit Card" includes both Credit and Charge Cards issued by BBVA Compass and the CompassInspire® Platinum Card until June 1, 2012 when the CompassInspire Platinum Card became ineligible to earn points, but excludes the BBVA Compass Optimizer Secured Credit card, Check/Debit Cards, and Safe Spend Prepaid Cards from benefits of the CompassPoints® program except for qualifying retail offers.). A "Qualifying Purchase" is any qualified purchase, Internet purchase, phone or mail order purchase, bill payment, contactless purchase (purchase made by holding your BBVA Compass Visa Card or other device up to a secure reader instead of swiping your card), or small-dollar purchase for which you are not required to sign, made with your BBVA Compass Visa Card, that is processed or submitted through the Visa U.S.A. Inc. payment system. Payments of existing card balances, balance transfers, cash advances, ATM transactions, convenience checks, Interlink processed transactions, fees charged by us (for example, annual fees, finance charges, and related service charges, if any apply), payments made for prepaid and reloadable cards such as certain gift cards, Visa Buxx,® and similar cards, payments made for payment instruments that can readily be converted to cash (for example, travelers cheques, money orders, wire transfers, and similar products or services), are not Qualifying Purchases for purposes of the Program. We reserve the right to determine, in our sole discretion, whether a particular BBVA Compass Visa Card transaction is a Qualifying Purchase. Call 1-87-REWARDS1or phone number listed above to find out which cards are enrolled. Points only accumulate on Qualifying Purchases. Outside of special promotions, points do not accumulate on cash advances, balance transfers, or convenience check transactions. When merchandise purchased with your BBVA Compass Credit or Check/Debit Card is returned, the account credit will result in a reduction of CompassPoints®. Points also do not accumulate on fees, adjustments, or on any Card transactions in which you use a PIN number rather than signing a receipt.

    BBVA Compass Consumer and Business Check/Debit Cards, BBVA Compass Optimizer Secured Cards, and Safe Spend Prepaid Cards earn points based on qualifying purchases made at participating merchants. Purchases must be made at participating merchants found at www.bbvacompass.com/rewards to qualify, and the total points earned are dependent on each participating merchant’s specific offer and may vary or be discontinued without notice.

    As of June 1, 2012, CompassInspire® Credit Card accounts no longer earn CompassPoints, and after August 31, 2012, any points earned by CompassInspire® Credit Card accounts are forfeited. Access to points and the program through the CompassInspire® Credit Card account will no longer be available. Any points earned on other BBVA Compass cards will continue to be valid according to the terms and conditions.

    CompassPoints® accrue at a rate of one point for each dollar accessed on your BBVA Compass Simplified Line of Credit through August 1, 2011. After August 1, 2011, no points accumulate on the BBVA Compass Simplified Line of Credit unless they are accrued through a special promotion initiated by, and at the complete discretion of, BBVA Compass.

    Earning Points at Specified Merchants. Points may be earned at specific merchants. Points offered on BBVA Consumer and Business Check/Debit Cards, BBVA Compass Optimizer Secured Cards, and BBVA Compass Safe Spend Prepaid Cards will earn points through specified participating merchants. These specified card products will earn points at specified participating merchants in addition to 1 point for every $1 in qualifying purchases. BBVA Compass Select Credit Card products do not participate in the Earn More Program.

    Offers extended by participating merchants will allow you to earn points based upon the amount of your qualifying purchase. Offers extended by some participating merchants will allow you to earn points on online qualifying purchases only. Online offers at participating merchants must be accessed by clicking on the link for the specific offer on the Program Website. If you go directly to the Participating Merchant’s website, you will not earn points.

    You earn points based on the dollars you spend at participating merchants using your BBVA Compass Credit or enrolled Check/Debit Cards. Details of the Program, including a list of participating merchants, specific point offers and eligibility rules for such offers, are included on the Program Website. The actual period of time it will take to receive points for any single eligible transaction may vary, and neither BBVA Compass, Breakaway Loyalty, nor Affinity Solutions shall be liable for any fees incurred by you or any other loss you may sustain as a result of your reliance on point redemptions. If you return an item to a retailer, and as a result, receive either cash or credit after you have already earned points from a participating merchant, BBVA Compass reserves the right, within sixty (60) days of the date of the purchase transaction, to deduct from your point balance the points which you received as a result of the original purchase of the item.

    Returns are subject to the return policy of the merchant from whom you purchased. If you return or cancel an item, we reserve the right to reverse any points earned from that sale without notice.

    Accrued CompassPoints are redeemable for any item eligible for redemption through the Program based on the point values specified on the Websites or print catalog. Any point balance remains the property of BBVA Compass until redeemed, and the point balance will remain the property of BBVA Compass should customer fail to exercise redemption rights.

    Exchanges make any purchases related to exchanges ineligible for points. In the process of an exchange, the merchant cancels the original purchase and replaces it with a new one. As a result, points associated with the original purchase get reversed and new points are not established because the merchant has created a new direct purchase (meaning the new purchase was not completed through CompassPoints program, but placed through the merchant directly). Because of this, the merchant will not honor any points, which means we have no points to pass on to you. To avoid losing the points: In future transactions please make sure all returns are final and that the transaction is not an exchange. To ensure you earn points, have the merchant refund your Credit or Check Card, and then re-place the order through CompassPoints to receive the designated points.

    If you believe that you have made purchases that should have resulted in the addition of points to your accumulated points balance and you see that the points have not been reflected within thirty (30) days of your Qualifying Purchase (date the purchase appears on your credit card statement), you can call us at 1-87-REWARDS1 within ninety days of the date of such purchase and we will investigate the situation. If you wait longer than ninety (90) days, your ability to claim the points will be considered to have been waived.

    We may ask you for documentation of the spending you contend should have resulted in an accrual of points. However, if the participating merchant does not fulfill its obligations with respect to the points, or if the participating merchant does not agree that the points should have been awarded, we will not have an obligation to add them to your points balance.

    BBVA Compass and Breakaway Loyalty do not endorse nor have a relationship with any merchants that may be specified or engaged in the program and carry no responsibility for lost points related to incorrect merchant reporting.

  • Linking Accounts. You may consolidate your eligible BBVA Compass Credit Card, Check/Debit Card, Optimizer Secured Credit Card, and Simplified Line of Credit accounts for you and the members of your household living at the same address into one CompassPoints® account for purposes of accruing and redeeming points. BBVA Compass Business Credit and Check/Debit Card points may only be combined into the authorized officer/owner’s business account and only at the sole discretion of the business owner to allow cardholders associated with the business to accumulate or redeem points. To combine your points, follow the directions on the Websites listed above or call the phone number for your product above for assistance. CompassPoints® from more than one CompassPoints® account, however, cannot be transferred or combined for redemption purposes unless they are first consolidated into one household account. CompassPoints® are not transferable to other frequent traveler or merchandise programs. Multiple Compass Check Cards associated with one checking account are automatically linked and cannot be separated.

    BBVA Compass Select Credit Cards may be linked to all other type cards. The BBVA Compass Select Credit Card rewards program will be applied to all other card types linked to a BBVA Compass Select Credit Card. If other products are linked to the BBVA Compass Select Credit Card, they can access the Program at www.bbvacompass.com/selectrewards and if they access the Program at www.bbbvacompass.com/rewards, they will be redirected to the previous mentioned site to access rewards.

    BBVA Compass has discretion to combine the points earned by different cards issued for the same account on one statement. If you consolidate the accounts for your household, then one statement will be issued for the consolidated accounts.

    You agree that you will not request that an account be linked to another account unless the accounts are eligible for linking as described herein. You agree that you will only request linking if you are the signer on the Check/Debit Card account. You agree that any signer on the account accessed by the Visa Check/Debit Card or an authorized user or employee on the credit card may request linking to other cards issued for that account. We may unlink accounts at any time and may terminate your ability to link accounts at any time without prior notice to you.

  • Point Activity, Expiration, Forfeiture. CompassPoints® accumulated over thirty-six months: CompassPoints® not redeemed within thirty-six (36) months of having been earned expire on a first-in, first-out basis. In addition, if you do not use your enrolled BBVA Compass Credit Card, Optimizer Secured Card, Safe Spend, or Compass Check/Debit Card to make eligible purchases for twelve (12) consecutive months, all accumulated points for the account on which that card is issued will be forfeited and you may be removed from the CompassPoints® Program. BBVA Signature Credit Card points may be forfeited if no eligible purchases are made in twenty-four (24) consecutive billing cycles.

    For BBVA Compass Select credit cards, there is no expiration date on points as long as the credit account remains active for 12 consecutive months. If an account becomes inactive, expiration begins 36 months from the inactive date.

    For all products eligible for CompassPoints, excluding Business Credit Card accounts enrolled in CompassPoints and Rebates, ® there is no maximum number of points you may earn. For those Business credit card accounts dual enrolled in both CompassPoints and the Business Rebate program, there is a cap of 300,000 points per year.

    If you receive gifted points or purchase points, the gifted and purchased points will expire twelve (12) months from the date the points are gifted or purchased. See Point Gifting and Purchasing Points below.

  • Eligibility. If any of your BBVA Compass accounts are past due, closed, overdrawn, or otherwise not in good standing, as determined by BBVA Compass, you will not be permitted to redeem CompassPoints® and CompassPoints® may not be credited to your CompassPoints® account. In addition, your account may be terminated and you may be required to forfeit your CompassPoints®.

    If you or the issuer of an enrolled card close the BBVA Compass Credit Card account or terminate a Compass account to which an enrolled Check/Debit Card is linked, whether or not it is delinquent or in good standing, all CompassPoints® earned on the closed account are forfeited.

    BBVA Compass and any other issuers of cards eligible to participate in the CompassPoints® Program ("Other Issuers") are not responsible for any inaccuracies in CompassPoints® accrual, or any loss incurred that may arise in connection with the use of any travel services. BBVA Compass and Other Issuers are not responsible for the performance by any merchant, service provider, or common carrier. BBVA Compass and Other Issuers assume no liability for lost or stolen tickets. BBVA Compass may exercise its rights under this Agreement at any time; a delay by BBVA Compass in exercising any right under this Agreement does not mean that BBVA Compass has waived that right.

    BBVA Compass employee business expense credit cards are ineligible for the Program. Points earned under previous programs will be honored; however, no new points will be earned.

  • Redemption. CompassPoints® can be redeemed in increments specified in the CompassPoints® catalogue and on the Websites for gifts such as merchandise, travel, account credits, gift cards, or special promotional offers by visiting the Websites above or by calling the toll-free number provided.

    If you live outside the United States, you are eligible to redeem only for Account Credits. All other redemptions are not allowed.

    CompassPoints® may be redeemed for an account credit to be credited to an eligible BBVA Compass Credit, Optimizer Secured, Safe Spend Prepaid, BBVA Compass Select, or Check/Debit Card account associated with the CompassPoints® account. If more than one account is linked, you must choose the single account to credit or the credit will default to the account used at your CompassPoints® login. Please allow up to 14 business days for the credit to post to your Credit Card, Check/Debit Card, Optimizer Secured, Safe Spend, or BBVA Compass Select account. Redemption values may change at any time and BBVA Compass reserves the right to cancel this redemption option at any time.

    CompassPoints® can be used to order gifts described in the current CompassPoints® brochure or on the Websites. The CompassPoints® brochure and Websites are revised periodically and discontinued items cannot be ordered. You may redeem your accrued points for merchandise gifts, from any redemption level, as long as you have the necessary number of CompassPoints® posted to your account. You may redeem your Points by visiting the Websites through Online Banking or the web addresses or phone numbers provided in the Contact Information section above.

    CompassPoints® redemption requirements are subject to change without notice from time to time and gifts may be substituted at any time. Should a gift be discontinued after you have ordered it, it will be replaced with a gift of equal or greater value or you will be advised to make an alternate selection.

    Airline Tickets will be for no more than the amount designated in the redemption schedule, including tax and destination charges, unless you elect to pay the difference in fare and have this amount charged to your Card account or Simplified Credit Line account on record with BBVA Compass. All airline ticket rewards are for coach class travel (unless otherwise noted) and confirmed at the airline's lowest applicable fare in the market. You choose the airline and travel dates, subject to availability. You are responsible for any taxes, fees, or other charges associated with the issuance of tickets for airline travel but not otherwise covered by the airline's redemption of travel rewards. Interim stopovers of more than four (4) hours, circle trips, or open jaw itineraries are not permitted. There is no limitation on the number of connections and there are no blackout dates. All airline ticket rewards are subject to availability. All airline ticket rewards are non-refundable and non-changeable, unless you elect to change the ticket directly with the airline and you are willing to pay any fees charged by the airline for changes. Tickets are subject to the applicable airline rules and regulations. The Program and BreakAway Loyalty are not responsible for communication of airline schedule changes. Flight reservations should be reconfirmed at least 72 hours prior to departure directly with the ticketing airline. The traveler will need to have a government issued photo ID at airport check-in. Failure to show for a ticketed flight reservation will invalidate the use of the airline ticket and result in forfeiture of redeemed CompassPoints® for the ticket.

    Air Travel Discount rewards of any value are applied to the cost of the tickets. No refunds or credits are given for discounts exceeding the cost of the tickets.

    All airlines used must be a member of the Airlines Reporting Corporation and provide booking and ticketing services in the Orbitz for Business network. All tickets will be issued as electronic tickets unless this service is not provided by the airline. You have the option of having paper tickets (if applicable), vouchers, itineraries, and other travel documents delivered to your Card account or Simplified Line of Credit account billing address via express courier and the cost charged to your Card account or Simplified Line of Credit Line . You may also elect to have tickets, vouchers, itineraries, and other travel documents delivered to your billing address by uninsured first class mail. YOU ASSUME ALL RISK AND RESPONSIBILITY for lost, stolen, or otherwise destroyed tickets.

    Rewards Cards, once issued are non-refundable and non-cancelable. You assume all risk and responsibility for lost/stolen, or otherwise destroyed Reward Cards.

    Hotel Certificates/Gift Cards, once issued are non-refundable and non-cancelable. You assume all risk and responsibility for lost, stolen, or otherwise destroyed certificates or gift cards. The hotel merchants offered in the Program are not affiliated with, nor are they sponsors of the Program. Names and logos are registered trademarks and cannot be used by any person or company without written approval from the individual merchants. Hotel and travel offerings may change at any time without notice. The account holder is responsible for making hotel reservations. Check with the hotel regarding participation and availability at the time of reservation.

    Cruise Rewards, once booked, are non-refundable and non-cancelable. All cruise redemptions must be booked at least 60 days prior to the requested sailing date. Cruise rewards are based on double occupancy for an interior cabin. At least one member sailing must be 21 years of age or older. Changes are subject to change fees imposed by cruise line.

    Rental Car Travel Vouchers are valid at participating locations toward a rental made in accordance with the terms and conditions of the rental agreement, up to the amount stated on the certificate. The renter must meet the age, credit, and driver qualifications in effect at the time and place of the rental and must meet the minimum standards of the rental company. Advance reservations are recommended. Travel voucher use is determined by the rental company.

    Mortgage Rebates are issued through a check to the mortgage or home equity lender specified by the customer. Mortgage rebate checks will be issued within 30 days of request. BBVA Compass does not guarantee delivery of the check or accuracy of the information provided by the account holder. Checks will be sent out by regular mail. Account holders may request BBVA Compass to stop payment on a lost or stolen Mortgage Rebate check, but the Bank is not obligated to reissue Rebate Checks. If the Bank is successful in preventing payment of the lost or stolen Mortgage Rebate Check and determines, in its sole discretion, that it has no liability to a third party for stopping payment, then the Bank may reissue the Mortgage Rebate Check. Mortgage Rebate checks expire 90 days after the issue date stated on the check. If a Mortgage Rebate Check is not cashed by the mortgage or home equity institution during that period, the Bank may, but is not required to, void the Mortgage Rebate Check and is not required to replace it, or the points that were redeemed for the item, or provide any other form of payment for the Mortgage Rebate represented by the Rebate Check. It is the Account holder’s responsibility to notify the Bank if their mortgage or Home Equity institution has not received the Check and posted it. The Mortgage Rebate does not constitute a payment on the mortgage or home equity account that is indicated in the redemption. BBVA Compass is not responsible for late fees, service fee, or any other fees that may be charged by your mortgage or home equity institution.

    Charitable Donations are administered by justgive.org. The Program is not affiliated with justgive.org or any charities available through them. Please consult the justgive.org website for tax information as BBVA Compass is not responsible for providing tax documentation for any redemption made for charitable donations. Please consult with a tax advisor for direction on charitable donation eligibility and documentation. Additional charitable organizations may be added and are not affiliated with BBVA Compass. Please consult their websites for details on their charitable organization and policies.

    Flexible Credits are available on transactions made in the last 60 days and can be selected for an account credit. Please allow up to 14 business days for the credit to post. Only one credit per transaction allowed. Flexible credits are only available for BBVA Compass Select Credit Card Accounts.

    Any experiential travel or vacation package is non-refundable and non-cancelable. Any participating merchant is not a sponsor of this Program. The account holder is responsible for making reservations and completing any requirements requested to complete the reservation. The Program is not responsible for any additional fees incurred related to booking or travel with a package.

    The Program is not affiliated with any of the merchant gift cards offered and the merchant gift cards offered are not sponsors of this Program. Names and logos are registered trademarks and cannot be used by any person or company without written approval from the individual merchants. Gift card offerings may change at any time without notice.

    Any award that is shipped will ship UPS, USPS, or an accepted domestic delivery service and will usually deliver within 2-4 weeks. Shipments cannot be made to a post office box, an APO address, or outside the 50 United States.

    A gift can only be exchanged in the event that it arrives in defective or damaged condition. Be sure to note any exceptions, damages or shortages on the delivery receipt before signing to accept gift/freight shipment. Instructions on how to return defective or damaged items are included with your gift. If you need additional information, please call 1-87-REWARDS1. Items must be returned within 30 days of receipt.

    Redemption values for any redemption item may change at any time without notice. Compass reserves the right to cancel any redemption option at any time. You may redeem for your account credit at the Websites or phone numbers provided in the Contact Information section above.

  • Point Gifting. You may gift points to other CompassPoints® accounts and/or participants. Gifting points is free. Points may be gifted in any denomination and can only be gifted to accounts that are open and in good standing. Gifted points expire twelve (12) months from the date the points are gifted.

  • Point Purchases. Points may be purchased beginning at 2,000 up to 25,000 at a rate of .0175 per point. Point purchases begin at $35. These purchases must be charged to your BBVA Compass Credit, Check, or Optimizer Secured Card. Point purchases will earn points on enrolled cards that are eligible to earn points and are not refundable. Points purchased expire 12 months from the purchase date.

  • Build Your Own Rewards. BBVA Compass Select Credit Card customers may select bonus point categories to earn additional points. Bonus point programs and categories are subject to change or cancellation at any time without notice at the sole discretion of BBVA Compass. Points earned through Build Your Own Rewards for the BBVA Compass Select Credit Card customers have no earning cap and bonus point categories can be changed once every 90 days by customer-initiated request. Please refer to the disclosure posted with Build Your Own Rewards at www.bbvacompass.com/selectrewards for more information. If you do not select bonus categories, the bonus categories will default to 3 times the standard points on Airline travel and 2 times the standard points on dining and hotels.

    BBVA Compass Credit Card customers (other than BBVA Compass Select Credit Card customers) should refer to www.bbvacompass.com/rewards for more specific information regarding the program. Build Your Own Rewards Program subject to change or cancellation without notice.

  • Point Bonus Programs. Point bonus programs and categories are subject to change or cancellation at any time without notice at the sole discretion of BBVA Compass. Please refer to the specific point bonus offer disclosures (if applicable) provided with your account opening materials for details regarding point bonus programs available to your specific account with BBVA Compass.

  • Communications. BBVA Compass may send you a periodic statement in the mail that will tell you how many CompassPoints® you have earned and how to redeem your CompassPoints.® Compass may also email you periodically about promotional offers, point balances, and general program updates. Statements are not mailed to accounts with 100 or fewer CompassPoints. Providing periodic statements for CompassPoints is done at the sole discretion of BBVA Compass.

    If you use the CompassPoints® Program Websites, we are not obligated to provide any additional communications. We also reserve the right to terminate your participation in the CompassPoints® Program at any time at our sole discretion.

  • Customer Service. If you have a problem or question regarding whether you earned points from a particular transaction, whether your points were properly redeemed or the status of your redemption order, or any other question regarding the Program, you can go to the Websites, call the phone numbers above, or mail to P.O. Box 680234, Marietta, GA 30068-0004.

    If you choose to contact us by e-mail, send your full name and address and the issue. Do not send your card number or other personal financial information by e-mail.

    If you contact us regarding an error or mistake with respect to your CompassPoints® account, we will use reasonable efforts to investigate and correct the error or mistake, subject to the limitations set forth herein. In any event, you must notify us within 60 days of the posting date or the date of the alleged error or mistake in order for us to undertake an investigation of the matter. We may require you to provide written confirmation of the alleged error or mistake. If we do not receive the requested written confirmation at the address and within the time frame requested by us, we may in our sole discretion determine not to correct the alleged error or mistake. If we complete our investigation of the alleged error or mistake and notify you of our determination, we have no further responsibilities should you later reassert the same alleged error or mistake. All questions or disputes regarding the Program, including eligibility, earning points, or redemption of points for CompassPoints®, will be resolved by us in our sole discretion.

  • Cancelling Program Participation. You may cancel your participation in the Program at any time by calling 1-87-REWARDS1. Your point total in CompassPoints® will be forfeited and cannot be transferred to another CompassPoints® account. Any negative point balance will carry over to another CompassPoints® account that may be set up at a later time for the same card account.

  • Disclaimers/Limitations. Any and all taxes on points, accommodations, or services in connection with the CompassPoints® Program are the responsibility of the cardholder. Please consult with a tax advisor concerning any income or other tax consequences that may be related to CompassPoints®.

    Neither BBVA Compass, BreakAway Loyalty, nor any of our agents shall be liable for any bodily harm and/or property damage that may result from your participation in the Program, redemption of Points, or for the performance by any airline for transportation services or any other type of goods or services whatsoever provided or to be provided through the Program. We do not endorse, guaranty, or warrant the goods and services offered by any airline, cruise provider, lodging establishment, or any other travel vendor, retailer, or other type of service or product suppliers participating in the Program. To the fullest extent permitted by law, we and BreakAway Loyalty hereby specifically disclaim any representations or warranties, express or implied, regarding the Program, Points, travel rewards, and any products or services, including any WARRANTY OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE or implied warranties arising from course of dealing or course of performance.

  • Termination or Changes to the Program. We reserve the right to terminate the Program or to change the Program rules, benefits, or points levels, in whole or in part, at any time with or without notice, even though changes may affect your ability to use accumulated points. Your continued participation in the Program after any change shall be deemed to be your acceptance of any such change. If you do not agree to any change of this Agreement, you must immediately cease participation in the Program. The accumulated Points do not entitle you to any vested rights with respect to points, credits, rewards, or benefits. We will attempt to give advance notice to you before terminating or making changes to the Program, unless immediate changes are required by law or by other circumstances beyond our control.

    This CompassPoints® Rewards Program is void where prohibited by federal, state, or local law.

  • Privacy. All information collected in connection with the Program is subject to our privacy policy, a copy of which was given to you with your account and which you can get from us online at www.bbvacompass.com/rewards.

6. Liability Provisions for Consumer Accounts

A. Your Liability for Consumer Accounts

You are responsible for all transfers and payments you initiate or authorize using Online Banking. If you disclose your Security Codes to any person, allow any person to obtain your Security Codes, or permit any person to use Online Banking, you will have authorized that person to access your Online Accounts and you are responsible for any transactions that person initiates or authorizes from your Online Accounts and any agreements or disclosures that person accepts or acknowledges electronically through Online Banking.

Notify the Bank at once if you believe any of your BBVA Compass Online Accounts have been accessed or any of your Security Codes have been used without your authorization. Contacting the Bank immediately by telephone is the best way of keeping your possible losses down. For any BBVA Compass Online Account that is a consumer account, you could lose all the money that is in your account, plus any amount available under an overdraft line of credit. You can lose no more than $50 if you notify the Bank within two (2) Business Days of discovering any unauthorized use of Online Banking or any loss, theft or unauthorized access to your Security Codes. However, you can lose as much as $500 from any such consumer account if you do not notify the Bank within two (2) Business Days after discovering the unauthorized use or access and the Bank can prove that it could have prevented the unauthorized use had it been notified. Also, notify the Bank immediately if any periodic statement shows a transaction on a BBVA Compass Online Account that you did not make. For any BBVA Compass Online Account that is a consumer account, if you do not notify the Bank within sixty (60) days after the statement was sent or otherwise made available to you, you may not receive back any money you lost after the sixty (60) day period if the Bank can prove that it could have prevented the unauthorized use had it been notified. You could lose all the money in your consumer accounts if the Bank can establish that it could have prevented those losses if you had given notice to the Bank in time. If a good reason, such as extended travel or hospitalization, prevents you from promptly notifying the Bank of unauthorized use of consumer accounts, the time periods specified in this Section may be extended to reasonable periods.

B. Bank's Liability for Consumer Accounts

The Bank is responsible for damages you incur in connection with any of your BBVA Compass Online Accounts that is a consumer account if the damages were directly caused by the Bank's failure to complete any transfer or bill payment you have properly requested through Online Banking in accordance with this Agreement, the applicable Account Agreements, and applicable law. However, the Bank will not be liable under certain circumstances, including:

  • if, through no fault of the Bank, you do not have enough money in the BBVA Compass Online Account to complete a transaction from that account;

  • if the amount of the transfer would exceed the amount of available credit under any overdraft protection line of credit for the related BBVA Compass Online Account;

  • if you have not properly followed instructions provided in connection with your Internet Computer or Software, if your Internet Computer fails to meet the Technical Standards required to access and use Online Banking, or if your Internet Computer or Software fails or malfunctions;

  • if you have not complied with the Bank's instructions in this Agreement (which includes the Online Terms) on how to make the transfer or bill payment;

  • if the Bank has not received complete, correct, and current instructions so that the Bank can make the requested transfer or bill payment;

  • if you do not authorize a transfer or bill payment soon enough for your payment to be received by the payee by the time it is due or you schedule a payment to be made after its due date;

  • if withdrawals from the applicable BBVA Compass Online Account have been prohibited by a court order such as a garnishment or other legal process;

  • if your BBVA Compass Online Account is frozen because of dispute about ownership;

  • if your Internet Computer, your Software, or Online Banking was not working properly and you knew about this problem when you attempted to authorize a transfer or bill payment;

  • if circumstances beyond the Bank's control prevent making a transfer or bill payment, despite reasonable precautions that the Bank has taken. Such circumstances include, without limitation, conflicts with federal or state law or regulation, acts of civil or military authority, national emergencies, insurrection, war, riots, labor difficulties, natural disasters, acts of God, weather conditions, flaws in your Software or Internet Computer, equipment failure or malfunction, material shortage, or failure or malfunction of power, communication or transportation;

  • if the Bank stops the transfer or bill payment because it has reason to believe that a transaction has not been properly authenticated or is fraudulent;

  • if the Bank's failure was not intentional and resulted from a bona fide error, notwithstanding its procedures to avoid such error, except for actual damages, which, to the extent permitted by applicable law, do not include indirect, incidental, consequential, special, exemplary or punitive damages, including attorneys' fees and lost profits, even if advised of the possibility of such damages.

There may be other exceptions to the Bank's liability as stated in this Agreement and your Account Agreements and as provided by applicable law. Except as otherwise provided by applicable law, neither the Bank, its service providers, nor their respective affiliates shall be liable to you or any other person under any circumstances for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including attorneys' fees and lost profits (even if advised of the possibility of such damages) that arise in any way out of your use of Online Banking or the installation, use, or maintenance of your computer or Software.

C. Error Resolution for Consumer Accounts

In case of errors or questions about transfers or bill payments initiated through Online Banking to or from any consumer BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-273-1057, or write the Bank at:

BBVA Compass
Online Banking Support
1300 Maco Drive
Pharr, Texas 78577

In case of errors or questions related to transfers or payments initiated through Online Banking to or from any consumer BBVA Compass Credit Card or Home Equity Line of Credit account that is a BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-239-5175 for Credit Card accounts and 800-239-1996 for Home Equity Line of Credit Accounts, or write the Bank at:

Credit Card Accounts:

BBVA Compass
Compass Credit Online Customer Service Department
P.O. Box 2210
Decatur, AL 35699

Home Equity Line of Credit Accounts:

BBVA Compass
Compass Credit Online Customer Service Department
P.O. Box 830629
Birmingham, AL 36596

If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after the Bank sent or otherwise made available to you the FIRST statement on which the problem or error appeared. If you only request more information about a transfer, you must contact the Bank about any suspected error related to that transfer within sixty (60) days after the Bank sends or delivers the requested information to you.

You should give us the following information:

  • Tell us your name and account number(s).

  • Describe the suspected error or the transfers or bill payments you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

  • Tell us the dollar amount of the suspected error.

If you tell the Bank orally, the Bank may require that you send it your inquiry or question in writing within ten (10) Business Days. The Bank will tell you the results of its investigation within ten (10) Business Days after it hears from you and will correct any error promptly. If the Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or questions. If the Bank decides to do this, the Bank will provisionally credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) Business Days, the Bank may not credit your account.

For errors involving new accounts, the Bank may take up to ninety (90) days to investigate your complaint or question. For new accounts, the Bank also may take up to twenty (20) Business Days to credit your account for the amount you think is in error.

The Bank will tell you the results within three (3) Business Days after completing its investigation. If the Bank decides that there was no error, the Bank will send you a written explanation. You may ask for copies of the documents that the Bank used in its investigation.

7. Liability Provisions for Commercial Accounts

A. Your Liability for Commercial Accounts

You agree that the Bank is entitled to rely on and deem the use of your Security Codes to gain access to Online Banking as your authorization for every transaction involving any commercial BBVA Compass Online Account until you have notified the Bank of any possible unauthorized use or transactions. Neither BBVA Compass nor its service providers or affiliates will have any liability to you for any unauthorized bill payment or transfer made using your Security Codes that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. Authorization of transfer requests and bill payment requests through Online Banking by means of your Security Codes shall be considered the same as your signed authorization and instruction for the Bank to perform any and all actions relating to the requested transaction. You agree to be bound by any transaction on any of your commercial BBVA Compass Online Accounts using Online Banking that is initiated by means of your Security Codes and accepted by the Bank in accordance with the security procedure outlined in this Agreement or disclosed to you online, regardless of whether or not you actually authorized the transaction. You agree not to attempt to use Online Banking to make a transfer if you have reason to believe this Service is not functioning properly.

B. Limitation of Liability for Commercial Accounts

Notwithstanding any other provision in this Agreement, and to the fullest extent permitted by applicable law, neither the Bank, its service providers nor any of their affiliates shall be liable, and you release and waive any and all claims against all of them, for any and all losses, damages or costs incurred by you or by any other person, arising from or relating to any acts or omissions of the Bank, its service providers or their affiliates, whether under this Agreement or otherwise, in connection with Online Banking or any commercial BBVA Compass Online Account (including, but not limited to, improper calculation or processing; transfer of funds or failure to transfer; dishonor or failure to dishonor; payment, stop payment, or failure to pay or stop payment; processing of electronic transfer entries; or loss or delay of electronic transfer entries, items, instruments, input data and materials during transfer to or from the Bank) unless you prove that such losses, damages or costs resulted solely from the Bank's bad faith or gross negligence or from breach of this Agreement; provided, however, to the fullest extent permitted by applicable law, neither the Bank, its service providers nor any of their affiliates shall be liable to you or any other person for any of the following:

  • For any error in transferring funds from or into a commercial BBVA Compass Online Account if you fail to notify us of the erroneous transfer within thirty (30) days after we deliver or otherwise make available an account statement showing the erroneous transfer;

  • For any consequential, indirect, incidental, special, exemplary, punitive or similar damages, including attorneys' fees or lost profits, even if advised of the possibility of such loss in advance;

  • For losses, damages or costs arising from or relating to any of the circumstances described in Section 6.B above;

  • For any failure to make a transfer or payment when your BBVA Compass Online Account is frozen or funds are otherwise unavailable under the terms of your Account Agreement with the Bank;

  • For any losses, damages or costs, relating to or in any way arising out of the use of Online Banking or the installation, use, or maintenance of your Internet Computer or Software;

  • For any losses, damages or costs arising from or relating to your failure to maintain the confidentiality and security of your Security Codes, any or all components of your Security Codes or any other information that enables any other person to gain access to your BBVA Compass Online Accounts or your subscription to Online Banking; and

  • For any losses, damages or costs arising from or relating to your failure to receive notices and other communications (including Security Codes) that the Bank has sent to your current address and/or email address shown on the Bank’s records, regardless of whether the address on that communication included any designation for delivery to the attention of any particular individual.

Your sole remedy under this Agreement for any errors by the Bank in completing any transfer or bill payment you have properly requested through Online Banking in accordance with this Agreement, the applicable Account Agreements, and applicable law shall be limited as follows:

  • If the bill payment or transfer is not made or is delayed, or if a payment or transfer is made in an erroneous amount that is less than the amount authorized by your instructions, unless otherwise required by law, the liability of the Bank, its service providers and their affiliates shall be limited to correcting the transfer or payment.

  • If the bill payment or transfer is made in an erroneous amount that exceeds the amount provided in your instructions, or the Bank permits an unauthorized payment or transfer after you have provided notice under Section 8.C below and the Bank has had a reasonable time to act on your notice, unless otherwise required by law, the liability of the Bank, its service providers and their affiliates shall be limited to a refund of the amount erroneously paid or transferred.

The limitations on the liability of the Bank, its service providers and their affiliates provided in this Agreement are in addition to, and shall not diminish, any limitations on this liability contained in any applicable Account Agreement or any other agreement between you and the Bank.

C. Error Resolution for Commercial Accounts

You agree to act in a prompt and reasonable manner in reviewing any account statement, notice or other communication we send to you and in reporting any error to us. You will have acted in a prompt and reasonable manner if you notify us of any error or other exception related to Online Banking within thirty (30) days after we mail or email you a statement of your account or notice that your statement is available online. In case of errors or questions about transfers or bill payments initiated through Online Banking to or from any commercial BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-273-1057, or write the Bank at:

BBVA Compass
Online Banking Support
1300 Maco Drive
Pharr, Texas 78577

In case of errors or questions related to transfers or payments initiated through Online Banking to or from any BBVA Compass Business Credit Card that is a BBVA Compass Online Account, contact the Bank immediately. Telephone the Bank at: 800-239-5175, or write the Bank at:

BBVA Compass
Compass Credit Online Customer Service Department
P.O. Box 2210
Decatur, AL 35699

You should give us the following information:

  • Tell us your name and account number(s).

  • Describe the suspected error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

  • Tell us the dollar amount of the suspected error.

We will investigate your claim and respond to your request in a commercially reasonable period of time. If you phone us, we may request that you give us the information in writing.

8. Other Terms and Conditions

A. Charges for Online Banking

Fees for Online Banking are based on whether your BBVA Compass Online Accounts are consumer or commercial accounts, and on the specific Services you choose to receive.

i. Monthly Fee.

You agree to pay the applicable monthly fee (if any fee applies) for any Online Banking Services you receive (the "Monthly Fee"). If a Monthly Fee applies to any specific Service you receive, the monthly fee for that Service will be charged regardless of whether or not you use that Service during any given month.

ii. Usage Based Fees.

You also agree to pay any applicable fee that is based on your usage of a particular Service (each, a "Usage Fee"). For example, a Usage Fee may be based on the number of stop payments you request, the number of check images you view during a period of time, or the number of Wire Transfers you initiate.

iii. About Fees Generally.

Fees are shown in the Bank's schedule of service charges for Online Banking attached hereto, which may be revised from time to time as provided in Section 8.H below. You authorize the Bank to deduct any applicable Monthly Fee from your Primary Account. You authorize the Bank to deduct any applicable Usage Fee from the BBVA Compass Online Account from which the Usage Fee arises. If the funds in your BBVA Compass Online Account from which any Online Banking fee is to be deducted are insufficient to pay the fees, you authorize the Bank to deduct these fees from any of your other BBVA Compass Online Accounts included within this subscription and/or any other account you have with the Bank. The Bank may revise its schedule of service charges for Online Banking to add, remove, increase or decrease the amount of, or otherwise revise any fee at any time, as provided in Section 8.H of this Agreement. In addition to the fees provided in this Agreement, the service charges and fees provided for in the Account Agreement for each BBVA Compass Online Account will continue to apply.

B. Periodic Statements

For any of your BBVA Compass Online Accounts to or from which any transfer or electronic payment initiated through Online Banking has been made during a particular monthly cycle, the Bank will deliver to you a periodic statement for that cycle. For all your other BBVA Compass Online Accounts to or from which any transfer or electronic payment may be initiated through Online Banking, you will receive a periodic statement at least quarterly. In addition to reflecting your other account activity, your statements will include a description of any completed transfers or electronic payments you authorized using Online Banking. You agree that you are responsible for reviewing promptly each periodic statement on an Online Account in order to detect any unauthorized transactions.

C. Reporting Unauthorized Transactions or Disclosure of your Security Codes

If you believe that any of your Security Codes are subject to unauthorized use or that an unauthorized transaction may be or has been made through Online Banking, telephone the Bank immediately at: 800-273-1057. If you are unable to call, you may also write the Bank at:

BBVA Compass
Online Banking Support
1300 Maco Drive
Pharr, Texas 78577

Additionally, if you believe that any of your Security Codes are subject to unauthorized use or that an unauthorized transaction may be or has been made from any third party account (i.e., non-BBVA Compass account), you agree to contact the financial institution offering that account immediately at the phone number or address it has provided to you for such notification. You agree to take any reasonable actions requested by the Bank to prevent unauthorized transactions to any of your Online Accounts, including changing your Security Codes.

D. Confidentiality of Information about Online Accounts

We may disclose information to third parties about your Online Accounts and the transfers, bill payments and other Services you request through Online Banking in the following situations:

  • When it is necessary for completing transactions you have requested;

  • When it is necessary to activate or provide Online Banking to you;

  • In order to verify the existence and condition of your account to a third party, such as a consumer reporting agency or other credit bureau, or a Biller;

  • In order to comply with a governmental agency or court order;

  • In order to prevent or remedy fraud;

  • As permitted by applicable law, and

  • If you give us your written permission.

For more information about our privacy and security practices, please review our Consumer Privacy Disclosure, which describes our practices for using information about consumer Online Accounts, and our Online Security Statement. We may modify these documents from time to time, and the current versions of both are available on our website.

E. Information Authorization

We reserve the right to refuse or cancel your enrollment in Online Banking if we cannot verify your identity or confirm information about you. You agree that we and any service provider we use to provide any electronic payment or transfer Services to you may obtain a credit report on you at any time from any credit reporting agency. In addition, you authorize each Biller to provide us with any information regarding you or your account with that Biller that we may request.

F. Dispute Resolution

i. Subsection i applies if you reside in a state other than California and we do not maintain your account in California

ARBITRATION

By opening or maintaining the account, you agree that if a dispute, claim or controversy of any kind arises out of or relates to this Agreement or to your account or any transactions involving your account, or any service or product related to your account, either you or we can choose to have that dispute resolved by binding arbitration. This arbitration provision limits your ability to litigate claims in court and your right to a jury trial. You should review this section carefully. You will not have the right to participate as a class representative or member of any class of claimants for any claim subject to arbitration. Arbitration is a more informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence and then issue a binding ruling in the form of an award. You and we understand that discovery and other procedures in arbitration may be more limited than discovery in court proceedings and that the ability to modify, vacate, or appeal an award by an arbitrator(s) is strictly limited.

You and we agree, upon written demand made by you or us, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to (a) this Agreement, your account, any transaction involving your account, any service or product related to your account, or any advertisements, promotions, or oral or written statements related to this Agreement or your account, (b) the relationships that result from this Agreement (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this arbitration provision), or (c) the validity, interpretation, scope or enforceability of this Agreement or the interpretation or scope of the Arbitration Clause (collectively, a "Claim"). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court. At the option of the first to commence arbitration, you or we may choose to have the arbitration conducted by JAMS ADR ("JAMS") or the American Arbitration Association ("AAA"), or you and we may agree upon a different arbitrator. In any event, any arbitration under this Agreement shall be conducted in writing in accordance with the applicable arbitration rules of the arbitrator or arbitration organization ("Rules"). If an arbitrator other than the AAA is chosen, the Rules of the AAA will be applied to any circumstance that is not addressed by the Rules of the chosen arbitrator. In the event of any inconsistency between this Agreement and the Rules to be used for arbitration, such inconsistency shall be resolved in favor of this Agreement. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.

Either you or we may initiate arbitration by giving written notice of the intention to arbitrate to the other party and by filing notice with JAMS or the AAA in accordance with the Rules in effect at the time the notice is filed. The notice shall set forth the subject of the dispute and the relief requested, at a minimum. The demand for arbitration may be made before or after commencement of any litigation. You should contact the AAA at 800-778-7879 or www.adr.org or JAMS at 800-352-5267, www.jamsadr.com for more information about arbitration. If for any reason the AAA or JAMS is unable or unwilling to serve as arbitration administrator, or you and we are unable to agree on another arbitrator, we will substitute another national or regional arbitration organization.

Demand for arbitration under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or similar other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of this Agreement.

You cannot join together in a dispute with anyone other than persons who use your account. Even if other people have disputes similar to a dispute that you and we have, those people and their disputes cannot be part of any arbitration between you and us. A Claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us, and a Claim may not be arbitrated on a class action, private attorney general, or other representative basis. Notwithstanding anything to the contrary in this Agreement, any dispute regarding the prohibitions in this paragraph or about the enforceability of the arbitration clause shall be resolved by a court and not by the arbitrator(s).

Where the aggregate of all Claims by both you and us does not exceed $250,000, any expedited procedures provided in the Rules ("Expedited Procedures") shall apply and a single arbitrator shall decide the Claims. Where the aggregate of all Claims by both you and us exceeds $250,000, a panel of three arbitrators shall decide all Claims. Each arbitrator, whether or not acting under Expedited Procedures, shall be an active member in good standing of the bar for any state in the continental United States and shall be either: (a) actively engaged in the practice of law for at least 5 years or (b) a retired judge.

You and we agree that the arbitrator(s): (a) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; (b) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (c) shall have authority to grant relief only with respect to Claims asserted by or against you individually; (d) shall not have any authority to require, as part of any relief granted, that you and we continue any relationship we may have under this Agreement or otherwise; and (e) shall provide a brief written explanation of the basis for the award upon the request of either party and shall make specific findings of fact and conclusions of law to support any arbitration award that exceeds $25,000. Upon written request by you, for claims up to $50,000, we will pay to the AAA or JAMS the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live.

Upon written request by you, we may elect, at our sole discretion, to pay or advance some or all of any remaining arbitration fees and other costs. The arbitrator will decide whether we or you ultimately will be responsible for paying any filing, administrative or other fees in connection with the arbitration. If you are the prevailing party in the arbitration, the arbitrator(s) also may order us to pay some or all of your attorney, expert, and/or witness fees. Any arbitration proceedings shall be conducted in the federal judicial district where we maintain your account. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction.

If you or we are seeking to bring a joined, consolidated, or class action and if the portion of this arbitration provision that prohibits the arbitration of joined, consolidated, or class actions is deemed invalid or unenforceable, then the entire arbitration provision shall be void and unenforceable and severed from the rest of this Agreement. If any portion of this arbitration provision other than the prohibition against the arbitration of joined, consolidated or class actions is deemed invalid or unenforceable, then that portion will be severed and the remaining portions of this arbitration provision will remain valid and enforceable including the prohibition against the arbitration of joined, consolidated or class actions. Nothing in this arbitration provision shall limit your or our right, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us. This arbitration provision shall survive termination of this Agreement and the closing of your Account.

WAIVER OF JURY TRIAL

This provision limits your rights to a jury trial. You should review this section carefully. If (i) neither you nor we seek to compel arbitration of any dispute we have related to this Agreement, your account, or any transactions involving your account, or (ii) some or all of the arbitration clause is unenforceable and we are in a dispute in a court of law, then each of us agrees to waive any right we may have to a jury trial to the extent allowable under the laws of the state that govern this Agreement.

Attorneys’ Fees. In any action between you and us in court, the prevailing party shall be entitled to recover its reasonable attorneys’ fees expended in the prosecution or defense of the court action from the other party.

ii. Subsection ii applies if you either reside in California or we maintain your account in California

JUDICIAL REFERENCE & WAIVER OF JURY TRIAL

By opening or maintaining the account, you agree that if a dispute, claim or controversy of any kind arises out of or relates to this Agreement or to your account or any transactions involving your account, or any service or product related to your account, it will be resolved by judicial reference pursuant to the provisions of the California Code of Civil Procedure, Sections 638-645.1 inclusive, unless the dispute, claim or controversy is part of a class action. This judicial reference provision limits your ability to litigate claims in court and your right to a jury trial. By agreeing to judicial reference, you and we waive, and shall not have, any right to a jury trial. You should review this section carefully. Judicial reference is a proceeding in which disputes are decided by a judicial referee who receives the evidence at a hearing and then issues a statement of decision upon which a judgment is based. You and we agree that the referee shall have the power to decide all issues of fact and law and report his/her statement of decision hereon, and to issue all legal and equitable relief appropriate under the circumstances before him/her.

Either you or we may initiate judicial reference by giving written notice of the intention to initiate judicial reference to the other party and by proceeding in accordance with California Code of Civil Procedure Section 638.

You and we agree, upon written demand made by you or us, to submit to judicial reference all disputes, controversies, and claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, the account, any transaction involving the account, any service or product related to your account, or any advertisements, promotions, or oral or written statements related to this Agreement or the account, the relationships that result from this Agreement (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this judicial reference provision), or the validity, interpretation, and scope of this Agreement (collectively, a "Claim"). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court.

You and we agree that a single referee who is a retired California state or federal court judge shall be appointed by the court pursuant to California Code of Civil Procedure 640 and shall preside over the reference proceeding and try all issues, whether of fact or law. If the parties are unable to agree upon a referee within ten (10) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed pursuant to the California Code of Civil Procedure, Sections 638 and 640, including submitting to the court up to three nominees who are retired state or federal court judges.

You and we shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge.

Demand for judicial reference under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the claim also is barred in judicial reference. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the judicial reference of any Claim shall be decided by the judicial referee in accordance with the provisions of this Agreement.

A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the judicial reference proceedings between you and us. Any such claim will be resolved in a court of proper jurisdiction.

Nothing in this judicial reference provision shall limit the right of you or us, whether before, during, or after the pendency of any judicial reference proceeding, to exercise any self-help remedies, such as set off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand judicial reference at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us.

You and we agree that the referee shall not have any authority to require, as part of any relief granted, that you and we continue any relationship we may have under this Agreement or otherwise; and shall provide a statement of decision stating the disposition of each claim and a concise written explanation of the basis for the award. The referee’s statement of decision shall contain written findings of fact and conclusions of law, and the court shall enter judgment thereon pursuant to California Code of Civil Procedure Sections 644(a) and 645. The decision of the referee shall then be appealable as if made by the court.

Unless inconsistent with applicable law, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the judicial reference. Except for any filing fee if you initiate judicial reference proceedings, we will pay all of the remaining judicial reference fees and other costs, including the referee’s fees where required by law. The referee will decide whether we or you ultimately will be responsible for paying any fees or other costs in connection with the judicial reference. Any judicial reference proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. Judgment upon any statement of decision rendered in judicial reference may be entered by the court that appointed the judicial referee or any other court with jurisdiction.

If any portion of this judicial reference provision is deemed invalid or unenforceable, the remaining portions of this judicial reference provision will remain valid and enforceable. This judicial reference provision shall survive termination of this Agreement and the closing of your Account.

Attorneys’ Fees. In any action between you and us regardless of whether it is proceeding in court or in judicial reference, unless inconsistent with applicable law, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the matter.

G. Hours of Operation

You can use Online Banking 24 hours a day, seven days a week, subject to regular daily maintenance periods and any special maintenance periods.

H. Changing this Agreement

The Bank may change this Agreement from time to time, as follows:

  1. i. Changes to the Online Terms and changes necessary to maintain or restore the security of Online Banking or your Online Accounts may be made immediately and without prior notice to you.

  2. ii For changes that result in increased fees for, fewer types of, stricter limitations on the dollar amount or frequency of, or increased liability to you for transfers or bill payments through Online Banking, the Bank will notify you prior to the change, as required by applicable law. Notice may be given as provided in Section 8.N below.

  3. iii For changes not described in Subsections i and ii above, the Bank may notify you as provided in Section 8.N below.

Any change will begin to apply upon the effective date of the change, and will apply only to your future use of Online Banking. Your continued use of Online Banking following the effective date of a change signifies your acceptance of the change.

I. Termination

Either you or the Bank may terminate this Agreement in its entirety or with respect to any one or more Services at any time upon written notice to the other party. The Bank may notify you as provided in Section 8.N. If you do not use Online Banking for twelve (12) consecutive months, we will consider such non-use as notice that you have terminated your subscription to Online Banking. If you do not access the Bill Pay Service to pay a bill for six (6) consecutive months, we will consider such non-use as notice that you have terminated your Bill Pay service. You also may terminate this Agreement in its entirety or any one or more Services at any time by calling 800-273-1057. If you terminate Online Banking, you authorize us to continue making any transfers and electronic payments you have previously authorized through Online Banking until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice (including termination by non-use, as provided above), we will make no further transfers or electronic payments from your Online Accounts, regardless of whether you previously have authorized them through Online Banking. If the Bank terminates your use of Online Banking, the Bank reserves the right to make no further transfers or electronic payments from your Online Accounts, including any transfers or electronic payments you previously have authorized through Online Banking. The provisions of this Agreement that relate to any obligation or liability arising prior to termination, or the resolution of any dispute regarding such obligation or liability, shall survive termination of the Agreement. By way of example and without restricting the foregoing, Section 6.A and 6.B, 7.A and 7.B, 8.A and 8.F shall survive termination of this Agreement.

J. Changes to Your Contact Information

It is solely your responsibility to assure that the contact information you have provided to us in connection with your use of Online Banking is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. You may make changes to your email address or some of your other contact information by logging into Online Banking through the Bank's website. To change the other contact information, you must contact Customer Service (as provided in Section 8.C) to make other changes to your user profile. The Bank shall have no liability for any payment processing errors or any fees you may incur as a result of inaccurate or outdated contact information for you.

K. General Provisions

The validity, construction and enforcement of this Agreement shall be governed by the laws of the state in which your Primary Account was opened, without regard to its conflicts of laws, and by applicable federal laws and regulations. To the extent permitted by applicable law, if any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect and, if practicable, the invalid or unenforceable provision will be reformed to achieve its intended purpose. The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver by the Bank on any one occasion shall not be construed as a bar or waiver of its rights or remedies on future occasions. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

L. Assignment and Service Providers

You may not assign this Agreement or your rights or responsibilities under this Agreement to any other party, and any attempted assignment shall be null and void. The Bank may assign this Agreement to any affiliated entity or any successor. The Bank also may assign or delegate any or all of its rights and responsibilities under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or enforced by either the Bank or its service provider. Any reference in this Agreement to the Bank also shall be considered a reference to any service provider performing services under this Agreement on behalf of the Bank.

M. Exclusions of Warranties

All of the Services available through Online Banking are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

N. Notice and Consent Regarding Electronic Communications

  • The term "Online Banking" refers to the online banking services available through Compass Bank, which include but are not limited to services that allow you to make transfers and payments from your Online Accounts.

  • The term "Account Communication" refers to any and all communications regarding a BBVA Compass Online Account, including periodic statements for the BBVA Compass Online Account, agreements and changes to the terms of an agreement governing the BBVA Compass Online Account, all other information and notices related to the BBVA Compass Online Account, and any disclosures that we are required by law to provide to you in writing.

  • The term "Online Banking Communication" refers to any and all communications regarding Online Banking, including agreements and changes to the terms of an agreement governing Online Banking, all other information and notices related to Online Banking and your use of Online Banking, and any disclosures that we are required by law to provide to you in writing.

Notice

Unless otherwise required by law, we may provide notice to you either by mail or electronically. If we choose to provide the notice to you by mail, we may mail it separately or with other information to any address on our records for you. If we choose to provide notice electronically, we may send the notice either (i) to one or more of the email addresses we have in our records for you for any of your Online Banking profiles, or (ii) through Online Banking so that you receive the notice if you log in through the BBVA Compass website or when you select a Service to use. You accept responsibility to assure that the contact information in your Online Banking profile is always current and accurate, as required by Section 8.J of this Agreement.

Consent For Electronic Communications

You authorize us, at our discretion, to provide the following to you electronically:

  • All Account Communications regarding each BBVA Compass Online Account for which you receive periodic statements electronically, rather than through the mail; and

  • All Online Banking Communications.

For any Account Communication or Online Banking Communication that we provide to you electronically, we have no obligation to provide you or any other owner or authorized signatory on the related Online Account with a paper copy of that Communication unless and until your consent for electronic Communications is withdrawn as described below. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Account Communication or Online Banking Communication.

How Electronic Communications Will Be Provided

All Account Communications and Online Banking Communications that we provide to you electronically will be provided either (1) by e-mail, (2) by access to a website that we will designate in an email notice we send to you at the time the information becomes available, or (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose.

How To Withdraw Your Consent For Electronic Communications

For Electronic Account Communications

If you have consented to receive Account Communications electronically for any BBVA Compass Online Account, you may withdraw this consent by providing notice to us using any of the following methods:

  • By using Online Banking to instruct us to mail paper copies of periodic statements for that BBVA Compass Online Account to you; or

  • By calling us at 800-273-1057.

Withdrawing your consent to receive Account Communications electronically will have no effect on your consent to receive Online Banking Communications electronically.

For Electronic Online Banking Communications

You must agree to receive Online Banking Communications electronically in order to obtain our Online Banking services. The only way to withdraw your consent to receive Online Banking Communications electronically is to terminate your subscription to Online Banking. You may terminate your subscription to Online Banking and withdraw your consent to receive Online Banking Communications electronically by calling us at 800-273-1057.

At our option, we may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive Account Communications and/or Online Banking Communications electronically. We will not impose any fee to process the withdrawal of your consent to receive electronic Account Communications. Any withdrawal of your consent to receive Account Communications or Online Banking Communications electronically will be effective only after we have had a reasonable period of time to process your withdrawal, and will not affect the legal effectiveness, validity, or enforceability of any Account Communications or Online Banking Communications provided to you electronically under this Agreement.

How To Update Your eMail Address For Electronic Disclosures

It is solely your responsibility to assure that any email address you have provided to us in connection with your use of Online Banking is current and accurate. You may make changes to this email address after logging into Online Banking through our website or by calling us at 800-273-1057. Any change to your email address will be effective only after we have received the changed address and had a reasonable period of time of not less than one business day to process the change.

Internet Computer Requirements

In order to receive access, view and retain electronic Communications, you must have the following computer hardware and software, all of which are referred to collectively as your "Internet Computer":

  • A personal computer, operating system and telecommunication connections to the Internet capable of receiving, accessing, displaying and either printing or storing, Communications received in electronic form;

  • An internet web browser that is capable of supporting at least 128-bit encryption;

  • The ability to print or download documents and sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;

  • In order to receive and access a Portable Document Format or "PDF" version of Account Communications, Online Banking Communications or periodic statements for BBVA Compass Online Accounts, you must have a current version of a PDF reader. You may download a free copy of Adobe Acrobat Reader at http://get.adobe.com/reader/;

  • An email account with the necessary software (email client or web browser) to send and receive email messages.

If you have any questions about these requirements, please call us at 800-273-1057.

Paper Copies of Electronic Communications

You may obtain a paper copy of any Account Communication or Online Banking Communication delivered electronically by printing it yourself. We may make available paper copies of Account Communications or Online Banking Communications that were provided electronically. We reserve the right, subject to applicable law, to charge a fee to provide a paper copy of any Account Communication or Online Banking Communication previously delivered to you electronically. You may call us at 800-273-1057 to find out about the availability of a paper copy of any particular Account Communication or Online Banking Communication, and the amount of any fee you will be charged for that paper copy.

All Communications In Writing

All Communications delivered to you electronically as provided in this Agreement will be considered "in writing" and will be given the same legal effect as any periodic statement, notice, agreement, acknowledgement or other information that is provided on paper. You should print or download for your records a copy of each Communication provided to you electronically, including this Agreement.

Federal Law

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Our Right To Terminate or Change Electronic Communications We reserve the right, in our sole discretion, to discontinue providing electronic Communications to you, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

O. Consent to Calls

When you give a telephone number directly to us, you consent and authorize us to place non-telemarketing telephone calls to you at that number, regarding any and all accounts you have with us, including accounts you may open in the future. 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. As examples, we may place calls to you about fraud alerts, deposit holds, and amounts you owe us (collection calls) on your accounts. We may also send you text messages to facilitate account transactions (e.g., delivering a one-time PIN to you). By agreeing to receive text messages from us, you are also consenting to receive a final opt-out confirmation text message if and when you choose to opt out of a text message service we provide to you. Calls and messages may incur charges from your wireless carrier. This express consent applies to each telephone number that you provide to us now or in the future. Calls and messages may incur charges from your communications provider. You consent and authorize us to monitor, and to record, telephone conversations and other electronic communications you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so.

Schedule of Service Charges for Online Banking Services

Online Banking

No Charge

Bill Pay Service

No Charge

Stop Payment Fee

$25 / request

(For each Stop Payment on a check requested through Online Banking)

Paper Copy of Statement or Check

As provided in the Account Agreement

Popmoney® Service

Send Money Usage Fee (3-day, Next Day)

No Charge

Instant Delivery Fee

$3 / payment

Stop Payment Fee

$15 / request

e-Greeting Fee

$0.25 / e-Greeting

Request Money Fee (3-Day)

  • Request Amt: $1.00 - $249.99, Fee: $0.50

  • Request Amt: $250.00 - $999.99, Fee: $0.75

  • Request Amt: $1,000.00 - Above, Fee: $1.50

Transfer from External Account Service

No Charge

Transfer to External Account Service

Usage Fee

$3/ transfer

International Transfer Service

Usage Fee

$5/ transfer (No charge for Preferred Clients)

Wire Transfer Service for Consumer Accounts

Usage Fee

$15/ wire transfer

Wire Transfer Service for Commercial Accounts

Set-up Fee

$50 / account set-up

Usage Fee

$15 / wire transfer

ACH Payment Service for Commercial Accounts

Set-up fee

$50 / account set-up

Usage Fee

$1 / ACH payment

Returned Item Fee

$3 / returned item

Return ACH Fax Notification

$6 / per day

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

Rev. 6/2014