Agreement
and Disclosure Statement for Compass PC® with
Microsoft Money®,
Quicken®or CompassPC via the Web®
Please
read this Agreement and Disclosure for CompassPC®
(this "Agreement") carefully and keep it for your records.
It contains the terms and conditions under which a customer of
Compass Bank (the "Bank") may subscribe to and use the
services available through the Compass PC program ("CompassPC").
In this Agreement, "you" refers to any account holder
who has requested the Bank to include its account within a subscription
to CompassPC.
1. Use
of CompassPC. You should read this Agreement, which contains
the terms and conditions of CompassPC, and instructional material
provided with the software or server through which you will access
CompassPC before using CompassPC. If you use CompassPC, or permit
another to access your accounts with the Bank through CompassPC,
you agree to the terms and conditions stated in this Agreement.
The terms and conditions in this Agreement are in addition to
and cumulative with any account agreement you have with the Bank
(an "Account Agreement"). In the event of a conflict
between this Agreement and any Account Agreement, the terms of
this Agreement will apply.
2. Computer
Requirements. You will need Internet access, a computer
and related equipment as required by the Software or Server you
will use to access CompassPC. In this Agreement, your computer
and the related equipment are referred to together as your "Computer";
the software is referred to as the "Software"; the server
or remote server accessed via your Internet browser is referred
to as the "Server". You are responsible for the installation,
maintenance and operation of your Computer and the Software. The
Bank is not responsible for any errors, failures or malfunctions
of your Computer or the Software, and the Bank is not responsible
for any computer virus or related problems that may be associated
with the use of an on-line system. In the event of any conflict
between this Agreement and any instructional material provided
with the Software or Server regarding the Bank’s obligations to
you, the terms of this Agreement will apply.
3. PC
Banking Accounts. Any subscription to CompassPC under
this Agreement must include at least one checking account, savings
account or money market account with the Bank. This account and
all other accounts included within a subscription to CompassPC
are subject to this Agreement and are called "PC banking
accounts." A PC banking 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 on the application for this subscription
to CompassPC that an account is a commercial account is binding
and conclusively establishes the non-consumer nature of the account.
The following types of accounts may be PC banking accounts: checking
accounts, savings accounts, money market accounts, credit card
accounts and such other accounts as the Bank may allow from time
to time. Any account that requires more than one signature to
make withdrawals or transfers may not be designated as a PC banking
account.
In
most cases, you may use the services provided by your CompassPC
subscription in connection with any PC banking accounts, subject
to the provisions of your Account Agreement and applicable law.
However, the Bank reserves the right, to the extent permitted
by law or as provided in this Agreement or any Account Agreement,
to refuse (a) to include any eligible account within your CompassPC
subscription, or (b) to allow transactions with or between PC
banking accounts under certain circumstances.
4. Description
of CompassPC. CompassPC is the name of a group of services
offered by the Bank for use in conjunction with your Computer
and the Software and Server to perform certain banking functions,
pay bills and obtain prices for publicly traded securities, including
stocks and mutual funds. Depending on the services requested,
CompassPC allows you to perform some or all of the following functions:
a. Banking
Functions: CompassPC banking
If
you choose to receive this service, you may use CompassPC banking
to: (a) transfer funds between any two of your PC banking accounts
(except that you cannot make a transfer from a credit card account
to another PC banking account); (b) obtain account balances for
your PC banking accounts; (c) receive transaction information
about your PC banking accounts; and (d) send electronic mail to
the Bank and receive electronic mail from the Bank. These features
of CompassPC are limited to the extent, and subject to the terms,
noted below:
Your
ability to withdraw 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 limitations.
Your
ability to schedule transfers for future dates depends upon
the Software or Server you use to access CompassPC. You should
check any instructional material to determine whether or not
your Software or Server will allow you to schedule transfers
for future dates, including automatically repeating transfers.
Transfer
requests received by the Bank before 6:00 p.m. in the time zone
of the Primary Account on a Business Day will be posted to your
PC banking accounts on the same Business Day. Transfer requests
received by the Bank after 6:00 p.m. in the time zone of the
Primary Account on a Business Day will be posted to your PC
banking accounts on the next Business Day following receipt.
Transfer requests received by the Bank on a day other than a
Business Day will be posted to your PC banking accounts on the
next Business Day following receipt. A transfer request is not
necessarily received by the Bank at the same time that you transmit
such a request. Transferred funds are available for withdrawal
no later than the first Business Day following posting to the
PC banking account. NOTE: A transfer credit to a credit card
or a line of credit will not be reflected in that account's
balance until the next business day.
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 – for example, if you
need to stop payment on a check, to report unauthorized use
of the security code, or to report an unauthorized transaction
from one of your accounts. If you need to contact the Bank immediately,
see Section 10. 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.
The
Bank reserves the right to limit the frequency and dollar amount
of transactions from your PC banking accounts for security reasons.
You
may not use CompassPC banking to make a transfer from a credit
card account to a checking, savings or money market account.
b. Bill
Payment Function: CompassPC® Bill Pay
If
you choose to receive this service, you may use CompassPC Bill
Pay to initiate payments electronically from any eligible checking
account designated as a PC banking account (the "Payment
Account").
After
the Bank, either directly or through its authorized service provider,
receives your request to pay a bill using CompassPC Bill Pay,
your payment will be made either by transferring funds electronically
to the payee, or by preparing a check payable to the payee and
sending the check to the payee. A "payee" is a person
or business you are paying. Using CompassPC Bill Pay, you can
pay only payees with a United States address. While payments to
most payees can be made using CompassPC Bill Pay, the Bank reserves
the right to refuse to honor payment requests for certain payees
as provided in this Agreement or any Account Agreement or allowed
by applicable law. The Bank is not responsible for the refusal
by any payee to accept payment made using CompassPC Bill Pay.
When
you enter and transmit a payment request, you authorize the Bank,
either directly or through its authorized service provider, to
debit the Payment Account in the amount of the request. If there
are insufficient funds in the Payment Account to make payments
you have authorized, the Bank, either directly or through its
authorized service provider: (i) may refuse to honor payment requests;
or (ii) may make the payment, even if the payment overdraws the
Payment Account. In either event, you are responsible for any
funds advanced by the Bank or its service provider to cover your
payment request, as well as any non-sufficient funds or overdraft
charges authorized in the Account Agreement for that Payment Account.
The Bank may refuse to honor payment requests that reasonably
appear to the Bank to be fraudulent, unauthorized, erroneous or
illegal.
5. Charges
for CompassPC.
a. CompassPC
Monthly Fee. You agree to pay the applicable monthly fee
shown in the Bank’s schedule of service charges for CompassPC,
as that schedule may be revised from time to time (the "Monthly
Fee"). The Monthly Fee, which is based on the kinds of accounts
in your CompassPC subscription and specific functions to which
you subscribe, will be charged whether or not you use CompassPC
during any given month.
b. Additional
Usage Based Fees. If any of your PC banking accounts are
commercial accounts, you also agree to pay the monthly usage based
fees shown in the Bank’s schedule of service charges for CompassPC,
as that schedule may be revised from time to time (the "Usage
Fee"). The Usage Fee is based on the number of Bill Pay requests
you transmit and CompassPC sessions you initiate within a calendar
month. For the purpose of this Usage Fee, a session is initiated
each time you go on-line with the Software and Server and use
one or more CompassPC services, including the Bill Pay service.
c. About
Fees Generally. You authorize the Bank to deduct any applicable
CompassPC fees from the account with the Bank that you designated
as the Primary Account on your application for CompassPC or otherwise
designated in writing to the Bank. If the funds in this designated
account are insufficient to pay any applicable CompassPC fees,
you authorize the Bank to deduct these fees from any other PC
banking account included within this subscription. The bank may
revise its schedule of service charges to change or add fees for
CompassPC by following the procedures outlined in Section 19 for
amending this Agreement. In addition to the fees noted here, the
service charges and fees provided for in the Account Agreement
will continue to apply.
6. Scheduling
CompassPC Bill Pay Payments. When using CompassPC Bill
Pay, you must enter and transmit your payment requests at least
five (5) Business Days before a bill is due. It is your responsibility
to authorize your bill payments in such a manner that your bills
may be paid on time. You are responsible for any late payment
charge, finance charge, penalty or default that may result from
your failure to transmit payment requests at least five (5) Business
Days before payment is due.
7. Voiding
and Stopping CompassPC® Bill Pay Payments.
a. Voiding
CompassPC Bill Pay Payments. After payment requests are
transmitted, you may use CompassPC Bill Pay to void a payment
(if, for example, a payment date or a payment amount is incorrect)
by transmitting the voiding request to CompassPC Bill Pay in sufficient
time to allow the payment to be voided, generally, at least five
(5) business days before the scheduled payment date. If your voiding
request is not accepted, the payment request will be processed
according to your original payment request.
b. Stopping
Payments.
(i) Electronic
Payments. If you wish to stop payment on a CompassPC Bill
Pay payment you previously authorized and it is too late to void
the payment as described in Section 7.a. above, you should follow
the instructions in your Account Agreement. For information, contact
the Bank at the telephone number and address listed in subsection
(ii) below.
(ii) Automatic
Repeating Payments. If you wish to stop payment on an
automatic repeating payment you previously authorized through
CompassPC Bill Pay, you should follow the procedures for voiding
payments set forth in Section 7.a. above. If it is too late to
void the next automatic repeating payment, you can stop such payment
by calling the Bank at 800/273-1057 or writing the Bank at Compass
Bank, CompassPC Customer Service Department, P. O. Box 10566,
Birmingham, Alabama 35296, in time for the Bank to receive your
request three (3) Business Days before the payment is scheduled
to be made. We will charge you the stop payment fee applicable
under your Account Agreement.
8. Security
Procedure for PC Banking Accounts. By subscribing to the
CompassPC program, you have chosen to access your accounts with
the Bank in accordance with the following security procedure.
You will be provided an identification code for your initial use
of CompassPC during which use you will be required to select a
security code, referred to as a Password or in the Software as
a "personal identification number" or "PIN".
In selecting your security code, you should select one that is
different from any other Password or PIN that you may have for
other Compass products. You must use this security code to gain
access to CompassPC, and the Bank will not allow access to your
accounts through CompassPC without your security code. In order
to prevent unauthorized access to your PC banking accounts and
unauthorized use of CompassPC, you agree to keep the security
code confidential and to reveal the security code only to individuals
who are authorized signatories on each and every PC banking account.
You also agree to review promptly each periodic statement you
receive from the Bank on a PC banking account in order to detect
any unauthorized transactions. You recognize that anyone possessing
your security code can access your PC banking accounts and initiate
transactions on those accounts. You agree that you are responsible
for maintaining the confidentiality of your security code, and
implementing the necessary internal controls, balancing and reconciliation
functions, and audit procedures to protect PC banking accounts
from theft or misuse.
9. Periodic
Statements. For any PC banking account from which or into
which any transfer or payment initiated through CompassPC has
been made during a particular month, the Bank will mail or deliver
to you a periodic statement for that month on that PC banking
account.
For all other PC banking accounts, 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 bill payments you authorized using
CompassPC. You agree that you are responsible for reviewing promptly
each periodic statement on a PC banking account in order to detect
any unauthorized transactions.
10. Reporting
Unauthorized Transactions. If you believe that your security
code is subject to unauthorized use or that an unauthorized transaction
may be or has been made from a PC banking account, telephone the
Bank immediately at: 800/273-1057.
You
may also write the Bank at:
Compass
Bank
CompassPC
Customer Service Department
P.
O. Box 10566
Birmingham,
Alabama 35296
You
agree to take any reasonable actions requested by the Bank to
prevent unauthorized transactions to your PC banking account.
11. Your
Liability for Consumer Accounts. You are responsible for
all transfers and bill payments you initiate or authorize using
CompassPC. If you disclose your security code to any person, allow
any person to obtain your security code, or permit any person
to use Compass PC, you will have authorized that person to access
your PC banking accounts and you are responsible for any transactions
that person initiates or authorizes from your PC banking accounts.
Notify
the Bank at once if you believe any of your PC banking accounts
have been accessed or your security code has been used without
your authorization. Contacting the Bank immediately by telephone
will help you and the Bank reduce possible losses.
For
any PC banking account that is a consumer account, you can lose
no more than $50 if you notify the Bank within two (2) Business
Days of discovering any unauthorized use of CompassPC or access
to your security code. However, you can lose as much as $500 from
any such consumer account if you do not notify the Bank within
two Business Days after discovering the unauthorized use 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 PC banking account that you did not make. For
consumer accounts included within a CompassPC subscription, if
you do not notify the Bank within sixty (60) days after the statement
was mailed to you, you may not receive back any money you lost
after the sixty (60) day period. 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.
12. Bank’s
Responsibility for Consumer Accounts. The Bank is responsible
for any damages you incur in connection with any consumer account
included within a CompassPC subscription if the damages were proximately
caused by the Bank's failure to complete transfers and bill payments
on time or in the correct amount according to your properly entered
and transmitted requests and the terms and conditions of this
Agreement and any Account Agreements, as provided by applicable
law. However, the Bank will not be liable under certain circumstances,
including:
if,
through no fault of the Bank, you do not have adequate funds
in a PC banking 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;
if
you have not properly followed the instructional material provided
with the Software or Server or CompassPC instructions on how
to make a transfer or bill payment or if your Computer or Software
fails or malfunctions;
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 bill payment soon enough for your payment
to be received by the payee by the time it is due;
if
withdrawals from any of your accounts have been prohibited by
a court order such as a garnishment or other legal process;
if
your CompassPC 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 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 the Software or Server or your Computer, equipment
failure or malfunction, material shortage, or failure or malfunction
of power, communication or transportation;
if
the Bank 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.
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.
13. Your
Liability for Commercial Accounts. Unless you notify the
Bank that your security code is subject to unauthorized use or
that you suspect unauthorized transactions on a PC banking account,
you acknowledge that the Bank is entitled to rely on and deem
the use of your security code to gain access to CompassPC as your
authorization for every transaction involving your PC banking
accounts that are commercial accounts. Authorization of transfer
requests and payment requests through CompassPC by means of your
security code shall be considered the same as your signed authorization
and instruction for the Bank to perform any and all actions relating
to the transaction(s) requested. You agree to be bound by any
transaction on any of your commercial accounts using CompassPC
that is initiated by means of your security code and accepted
by the Bank in accordance with the security procedure outlined
in this Agreement, regardless of whether or not you actually authorized
the transaction.
14. Limitation
of Liability for Commercial Accounts. Notwithstanding
any other provision in this Agreement or in any Account Agreement,
and to the extent permitted by applicable law, the Bank is not
liable for, and you release and waive any and all claims against
the Bank relating to, any loss, damages or costs incurred by you,
or by any other person or entity, whether or not acting as your
agent or employee, by reason of anything the Bank has done or
failed to do in connection with any PC banking account that is
a commercial 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 loss, damages or costs resulted solely
from the Bank’s bad faith, negligence, or breach of this Agreement
or applicable Account Agreement. Except as otherwise provided
by applicable law, the Bank shall not be liable under any circumstances
for any consequential, special, punitive, incidental or similar
damages arising from the performance or non-performance of services
in connection with commercial accounts included within a CompassPC
subscription. Except as otherwise provided by applicable law,
for such commercial accounts, the Bank shall incur no liability
for delays, errors, failures or damages occurring by reason of
circumstances beyond the Bank’s control including, 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 the Software or Server or your Computer,
equipment failure or malfunction, material shortage, or failure
of power, communication or transportation.
15.
Disclosure of Consumer Information to Third Parties.
We may disclose information to third parties about your consumer
account and the transfers you make as described in our Consumer
Privacy Disclosure, as amended or modified from time to time,
and is provided to you along with this disclosure.
16. Error
Resolution. In case of errors or questions about your
electronically initiated transactions using CompassPC, contact
the Bank immediately. Telephone the Bank at: 800/2731057, or write
the Bank at:
Compass
Bank
CompassPC
Customer Service Department
P.
O. Box 10566
Birmingham,
AL 35296
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 it sent 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.
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.
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 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.
If
the Bank decides that there was no error, it will send you a written
explanation within three (3) Business Days after it finishes its
investigation. You may ask for copies of the documents that the
Bank used in its investigation.
17. Arbitration.
You and we acknowledge and agree that this Agreement involves
interstate commerce, and each waives any right to claim otherwise.
You
and we agree that, upon written demand for arbitration made by
you or us, all disputes, controversies and claims for more than
$5,000; whether based on contract, tort or otherwise that arise
from or relate (a) to this Agreement, (b) to the relationships
that result from this Agreement, or (c) to the scope or enforceability
of this Agreement shall be settled by binding arbitration conducted
in accordance with the Commercial Arbitration Rules ("Rules")
of the American Arbitration Association ("AAA") a copy
of which Rules are available from us upon your request; provided,
however, that this Agreement to arbitrate applies only to those
disputes, controversies and claims that are based on rights at
law, and not to those based in equity ("Legal Claims").
In the event of any inconsistency between this Agreement and the
Rules, this Agreement shall control. The Federal Arbitration Act
shall apply to the construction, interpretation and enforceability
of this Agreement notwithstanding any other choice of law provision
contained in this Agreement.
You
understand that arbitration is generally an informally conducted
proceeding in which disputes are decided by one or more neutral
arbitrators who receive the evidence at a hearing and then issue
a binding ruling in the form of an award. You further understand
that discovery in arbitration may be more limited than discovery
in court proceedings, and that the ability to modify, vacate or
appeal an award by arbitrator(s) is strictly limited. Both you
and we voluntarily and knowingly waive the right to have a trial
by judge or jury of any legal claim which is subject to arbitration
under this Agreement.
The
demand for arbitration may be made before or after commencement
of any litigation and shall be in accordance with the Rules of
the AAA. The AAA’s current address is 1975 Century Boulevard,
Suite 1, Atlanta, GA 30345. The AAA’s current telephone number
is 404/325-0101. In addition to the provisions of the Rules, you
and we agree that 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 claim or counterclaim
which is filed against you or us after commencement of litigation
between you and us. Demand for arbitration under this Agreement
must be made before the date when any judicial action upon the
same Legal Claims would be barred under any applicable statute
of limitations; otherwise, the Legal Claims also are barred in
arbitration. Any dispute as to whether any statute of limitations
bars the arbitration of any Legal Claim shall be decided by arbitration
in accordance with the provisions of this Agreement. Legal Claims
by, or on behalf of, other persons will not be considered in,
or consolidated with, the arbitration proceedings between you
and us.
The
Expedited Procedures of the Rules shall apply only to disputes
where neither the aggregate claims nor the aggregate counterclaims
exceed $25,000. Any dispute that does not qualify for Expedited
Procedures shall be decided by a panel of three arbitrators. Each
arbitrator, whether or not acting under the Expedited Procedures,
shall be a member of the bar of the state in which we maintain
your account, and shall be: (a) either actively engaged in the
practice of law for at least 5 years, or (b) a retired judge of
the courts of that state.
You
and we agree that the arbitrator(s): (a) shall limit discovery
to matters directly relevant to the arbitrated dispute; (b) shall
grant only legal relief that is based upon and consistent with
substantial evidence and prevailing legal authority in the state
where the arbitration is being conducted; and (c) shall make specific
findings of fact and conclusions of law to support any arbitration
award that exceeds $25,000. You and we further agree that the
Rules are modified to the extent that arbitrators(s) for Legal
Claims between you and us under this Agreement shall have no power
or authority to grant equitable relief. To the extent this Agreement
makes no express provision for the allocation of cost and expenses
in a specific dispute, each party shall bear its own costs and
expenses and an equal share of the arbitrators’ and administrative
fees for arbitration. The arbitration proceedings shall be conducted
in the county and state where we maintain your account or at any
other place which you and we select by agreement. Judgement upon
any award rendered in arbitration may be entered in any court
having jurisdiction to do so.
No
provision of this Agreement restricts the ability of any person
to exercise all rights and pursue all remedies available at law
or expressly reserved under this Agreement; provided, however,
with respect to any Legal Claim, the exercise of those rights
or the pursuit of these remedies is subject to the right of any
other party to demand arbitration as provided in this Agreement.
18. Business
Days and Hours of Operation. For the purposes of this
Agreement, the term "Business Day" means Monday through
Friday, excluding all holidays recognized by the federal government.
You can use your Computer, Server and Software 24 hours a day,
seven days a week; however, your access to CompassPC may be restricted
during regular daily maintenance periods and any special maintenance
periods. The Bank can process requests for transfers and bill
payments only on Business Days.
19. Changing
this Agreement. The Bank may change this Agreement from
time to time. Unless otherwise required by applicable law, any
change, other than an immediate change necessary to maintain or
restore the security of the PC banking account(s), shall take
effect not less than thirty (30) days after notice has been mailed
to the last address shown on the Bank’s records for the account
designated on the application as the Primary Account. Your continued
use of CompassPC following the effective date of the change signifies
your acceptance of the change.
20. Termination.
Either you or the Bank may terminate this Agreement and your CompassPC
subscription at any time upon giving written notice of the termination
to the other party. You also may terminate this Agreement and
your CompassPC subscription at any time by calling 800/273-1057.
If you terminate CompassPC, you authorize the Bank to continue
making transfers and bill payments you have previously authorized
until such time as the Bank has had a reasonable opportunity to
act upon your termination notice. Once the Bank has acted upon
your termination notice, the Bank will make no further transfers
or payments from your accounts, including any transfers or payments
you previously have authorized. If the Bank terminates your use
of CompassPC, the Bank reserves the right to make no further transfers
or payments from your PC banking accounts, including any transactions
you previously have authorized.
21. General
Provisions. The validity, construction and enforcement
of this Agreement shall be governed by the laws of the state in
which the PC banking account(s) was (were) opened 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.
Schedule of Service Charges for CompassPC®
Any applicable fee for CompassPC, which is based on
the kinds of accounts in your CompassPC subscription and specific functions
to which you subscribe, will be charged whether or not you use CompassPC during
any given month.
Consumer Pricing
If all of your PC banking accounts are consumer accounts,
you will pay the following monthly fee(s):
CompassPC banking service opened on or after January 3, 2005
FREE
CompassPC banking service opened prior to January 3, 2005 If you received the CompassPC banking service free
when your service was established,
it will remain free.
$2.95
CompassPC bill pay service opened on or after January 3, 2005
FREE
CompassPC bill pay service opened prior to January 3, 2005 If you received the CompassPC bill pay service free
when your service was
established, it will remain free.
$4.95
Business / Commercial Pricing
If any of your PC banking accounts are business/commercial
accounts, you will pay the following monthly fee(s) and usage based additional
charges:
CompassPC banking
$10.00
CompassPC Bill Pay
$5.00
Additional Bill Pays Charge (more
than 20 a month)
$ 0.75
The monthly fee for CompassPC banking and Bill Pay will
be waived with Small Business DDA accounts and CompassWorks account relationships.
The Additional Bill Pay Charges still applies to Small Business DDA accounts
when more than 20 Bill Pays occur in a month.
The
Consumer Privacy Disclosure provided below describes our use of
consumer information. For our consumer customers' convenience,
it is included with this Agreement and Disclosure Statement for
CompassPC with Quicken or via CompassWeb, but it is not part of
the Agreement and we may change it from time to time upon notice
to you.
Consumer Privacy Disclosure
Our Commitment to Your Privacy
The Compass family of companies values your trust and respects the privacy of your personal financial information. As part of our commitment to you, we want you to be informed about our policies to protect and safeguard your information.
We are committed to protecting your privacy and maintaining the security of your information. When we share information within or outside the Compass family of companies, we follow strict security standards, maintain confidentiality policies, and comply with applicable laws regarding the use of customer information. Our aim is always to deliver improved service and quality products to meet your needs.
Information About Our Privacy Disclosure
This disclosure describes our privacy practices applicable to the information of our individual customers who obtain a product or service primarily for personal, family, or household purposes. This disclosure is made on behalf of the following companies in the Compass family:
Compass Bank
Compass Brokerage, Inc.
Compass Consulting and Benefits, Inc.
Compass Financial Corporation
Compass Insurance Agency, Inc.
Compass Mortgage Corporation
Capital Investment Counsel, Inc.
St. Johns Investment Management Company
(also doing business as St. Johns Wealth Management)
Stavis, Margolis Advisory Services, Inc.
This disclosure statement takes the place of all previous notices or statements of the above-listed companies, or their predecessor companies, involving privacy and use of consumer information and is subject to change at any time. This disclosure statement is provided under the federal Gramm-Leach-Bliley and Fair Credit Reporting Acts. Compass affiliates also will comply with any applicable state laws that impose additional requirements relating to privacy and use of consumer information.
Collection of Information
We collect, retain, and use information about you when we reasonably believe that it will help conduct our business or provide products, services, and other opportunities to you. For example, we use your information to protect and administer records, accounts, and funds; to comply with certain laws and regulations; to help us design and improve our products and services; and to understand your financial needs so we can provide you with quality products and superior service.
Information about you is collected from several sources, such as:
Information you provide in applications for products and services and through other means (for example: assets, income, and debts);
Information about your transactions and experiences with us and our affiliates (for example: account balances, account activity and usage, and payment history);
Information we receive from consumer reporting agencies and other outside sources (for example: creditworthiness, credit history, and employment verification); and
Information we gather at your request or with your consent from third parties (for example: to assist us with servicing your account(s), providing special services to you, or preparing offers for other products).
Our Information-Sharing Practices With Outside Parties
We may disclose customer information we collect, as described above in “Collection of Information,” to non-affiliated third parties as permitted by law. For example, we may disclose customer information about you to credit reporting agencies, in response to a subpoena or court order, as required by certain federal and state laws, to help complete a transaction initiated by you, and pursuant to your request or authorization.
We also may disclose customer information we collect to companies that perform services or functions on our behalf--such as account processing, check printing, marketing services, and consulting services--and to other financial institutions with which we have joint marketing agreements—such as banks, insurance providers, commercial or consumer leasing companies, securities brokers or dealers, and investment companies. Joint marketing agreements with other financial institutions allow us to bring information to you about financial products and services that are different from those we provide. We require our service providers and those with which we jointly market financial products or services to adhere to confidentiality standards governing the privacy of your information. These companies may use and disclose the information we provide to them only for the purposes for which it is provided or as otherwise permitted by law.
We do not sell your customer information to outside marketers to allow them to independently solicit you for a product unless we first ask your permission to send your information.
Our Information-Sharing Practices Within the Compass Family of Companies
Information About Our Experiences and Transactions With You
The Compass family of companies consists of financial service providers such as banks, insurance agencies, brokerage companies, leasing companies and other financial services companies that work together to serve you. These companies are our affiliates. By sharing your information with our affiliates, we are able to serve you more efficiently and conveniently. We are permitted by law to share with our affiliates information about our own transactions and experiences with you and your accounts. This type of information includes, but is not limited to, identification information, account balances, account transactions, and payment history information. For example, our affiliates may use transaction and experience information to provide you with information about additional products and services, to evaluate and improve existing products and services, and to help identify you as our customer to prevent unauthorized access to your information. If you choose to limit marketing (see box below), then our affiliates will not use any information we share with them about your transactions and experiences with us to make a marketing solicitation to you. This will not prevent us from sharing this type of information with them, but will restrict their use of that information. This restriction will not apply in certain circumstances, such as if you currently do business with one of our affiliates or if you ask to receive information or offers from them.
Information That Is Not About Our Experiences and Transactions With
You
We also may share certain information with our affiliates in the Compass family that is considered credit information but is not information about our own transactions and experiences with you. Examples of this type of information include:
information in an application, such as your income, marital status and assets;
information we obtain to verify representations made by you, such as your open lines of credit;
information we obtain from a consumer credit report, such as your credit score and credit history; and
information we obtain from a person or company regarding its employment, credit, or other relationship with you, such as your employment history.
Our affiliates may use this information in determining your eligibility for consumer loans, brokerage services, insurance, and similar products and services they offer. If you choose to limit marketing (see box below), then we will not share any of this type of credit information with our affiliates to use for credit purposes, such as determining your eligibility for or soliciting you for their products or services. This will prevent us from sharing your credit information with our affiliates except for other uses, such as performing technical or operational support services. Examples of technical and operational support services include preparation of account statements, data processing services, and underwriting services.
Your Choice To Limit Marketing
You may limit our affiliates from marketing their products or services
to you based on information that we share with them, such as your income,
your account history with us, and your credit score.
To limit marketing offers, call us toll free at 1-800-275-7219.
Things You Should Know About Making A Choice to Limit Marketing By
Our Affiliates
As long as you remain a customer, you only have to tell us once to limit marketing by our affiliates based on information we share with them. If you have chosen to “opt out” of our sharing credit information with affiliates in past years and have continued to be a customer, your “opt out” will also limit marketing based on other information we share, as described in this disclosure. Joint account holders may limit sharing of information for each other. If we receive a request to limit information sharing for only one joint account holder, we can continue to share information about other account holders.
If you stop doing business with us, your choice to limit marketing by our affiliates will continue to apply to the information we have collected while you were a customer for as long as that information remains on our systems. If you become a customer again after you have stopped doing business with us, however, you will have to tell us again to limit marketing by our affiliates based on information we share about you related to your new account(s). This is because we remove all information about former customers, including choices to restrict marketing, from our systems after a period of time in order to safeguard the information.
Other Types of Information
Certain trust and fiduciary account information maintained by Compass Bank’s trust division (known as the Compass Bank Wealth Management Group) may be subject to special protections from disclosure under applicable fiduciary laws and our own policies and practices to carefully safeguard such information.
We may receive health or medical information about you, for example, in connection with an application for insurance. We will not use health and medical information, or share that information with our affiliates, except as necessary or appropriate to process your application or transaction, provide services requested by you, or to maintain your account information. We will comply with all applicable laws or regulations governing the disclosure of health or medical information.
Security of Your Information
Our commitment to the privacy of your information includes maintaining the security of your information. We use physical, electronic, and procedural safeguards to help prevent unauthorized access to customer information. We periodically test and update our safeguards to help ensure the protection and integrity of our customer information.
We train and regularly educate our employees about the importance of maintaining the confidentiality of customer information and the proper handling of customer information. All of our employees are governed by a code of conduct that authorizes access to customer information for business purposes only and includes strict standards for keeping your information confidential.
Maintaining Accurate Information
Our procedures help assure that your financial information is accurate, current, and complete. You play an important part in helping us maintain accurate records by always reviewing your account statements, notices, payment coupons, tax reporting, and other information that we provide you. You also may have access to information about your account(s) through our customer service department and, if applicable, our Web site. If you ever believe any information we have about you is not complete or correct, please call us or follow the instructions on your account statement, if any.
Former Customers
Our policies and practices for the collection and disclosure of information about individual customers contained in this Consumer Privacy Disclosure apply to both current and former customers.
Online Banking Privacy
We employ proven processes and technologies to protect the privacy and security of your information when you bank online with us, such as firewalls, encryption techniques, and authentication procedures. If you visit our Web site or use any of our electronic banking services, we may put a “cookie” or similar file on your hard drive to facilitate navigation and personalize your experience. By using cookies, we can collect technical and navigational information, such as computer browser type, Internet protocol address, and other computer identification information, and match that with pages visited and time spent on our Web pages. This helps us improve our Web site. When you use our online banking services, we also may use the information in the cookie or similar file to match the Internet browser and computer you use with your online account for security purposes. We do not knowingly collect, maintain, or use personal information from our Web sites about children under the age of 13. For more information about our online security practices, please visit our Web site at: www.compassbank.com.