Agreement and Consent Regarding Electronic Communications
Please read this Agreement and Consent Regarding Electronic Communications (referred to as the "Agreement") and retain a copy for your future reference. In this Agreement, the following terms have the meanings shown below:
- The words "we," "us," and "our" refer to Compass Bank.
- The words "you" and "your" refer to each individual who has subscribed to Online Banking.
- The term "Online Account" refers to each of your accounts at Compass Bank or any of its affiliates that you request and we permit you to access through your subscription to Online Banking.
- 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 an Online Account, including periodic statements for the Online Account, agreements and changes to the terms of an agreement governing the Online Account, all other information and notices related to the 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.
Consent For Electronic Communications
You authorize us, at our discretion, to provide the following to you electronically:
- All Account Communications regarding each 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Online Account with a paper copy of that Communication unless and until your consent for electronic Communications is withdrawn as described below.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 web site that we will designate in an e-mail notice we send to you at the time the information becomes available, or (3) to the extent permissible by law, by access to a web site 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 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 period statements for that Online Account to you; or
- By calling us at 800-273-1057.
Withdrawing your consent to receive Account Communications electronically will have no affect 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 E-mail address For Electronic Disclosures
It is solely your responsibility to assure that the e-mail address you have provided to us in connection with your use of Online Banking is current and accurate. You may make changes to this e-mail address after logging into Online Banking through our Web site or by calling us at 800-273-1057. Any change to your e-mail 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 electronic Communications, you must have access to both a computer (including any necessary related equipment and software) and the Internet (including telecommunications service, a Web browser with standard features, and the ability to receive e-mail at a designated e-mail address), all of which are referred to collectively as your "Internet Computer". Your Internet Computer must meet the technical standards required to access and use Online Banking (the "Technical Standards"), which are available on our Web site at www.bbvacompass.com and which we may update from time to time. Here are the current Technical Standards for your Internet Computer:
- The operating system for your Internet computer must be either Windows 95/98/NT/2000/XP/Vista or Macintosh 7.5.5 or higher
- You must use one of the following Web browsers for your Internet Computer:
- If your Internet Computer has a Windows 95/98/NT/2000/XP/Vista operating system, you must use one of the following:
- Internet Explorer 6.0 and 7.0.
- Internet Explorer 8.0 (This browser may not fully support the Bill Pay service provided as part of Online Banking)
- Mozilla Firefox 2.0 or higher
- AOL 8.0+ (This browser will not support the Bill Pay service provided as part of Online Banking)
- AOL 9.0
- Netscape 8.0 or higher (This browser will not support the Bill Pay service provided as part of Online Banking)
- Opera 9.10 or higher (This browser will not support the Bill Pay service provided as part of Online Banking)
- Safari 3.0.4 for Windows Beta version (This browser will not support the Bill Pay service provided as part of Online Banking)
- If your Internet Computer has a Macintosh 7.5.5 or higher operating system, you must use one of the following:
- Internet Explorer 5.0 or higher (This browser will not support the Bill Pay service provided as part of Online Banking)
- Mozilla Firefox (all versions)
- Opera 9.10 or higher (This browser will not support the Bill Pay service provided as part of Online Banking)
- Safari 2.0 or higher (Safari 3.0 may not fully support the Bill Pay service provided as part of Online Banking)
- If you will access Online Banking with an Internet-enabled cell phone or other mobile device, you must use one of the following:
- Opera Mini (BEST)
- Minimo.2
- Thunderhawk
- If your Internet Computer has a Windows 95/98/NT/2000/XP/Vista operating system, you must use one of the following:
- In order to view a pdf version of certain statements for Online Accounts, you must have Adobe Acrobat Reader 4 or higher. You may download a free copy of this Adobe Acrobat Reader at www.adobe.com.
- You must have either sufficient computer memory or disk space to download or the ability to print all Communications delivered electronically.
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 all 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.