BBVA Compass Mobile Banking Terms of Use

1. General Terms of Use

BBVA Compass Mobile Banking Service allows customers to obtain certain services via a cell phone or other handheld mobile device, or streaming device, as described below (which are individually referred to as a "Service" and collectively as the "Mobile Banking Service"). In this BBVA Compass Mobile Banking Terms of Use Agreement ("Terms of Use"), "you" and "your" refer to the Mobile Banking Service user who has enrolled in the Mobile Banking Service, and the terms "BBVA Compass," "Bank", "we" and "us" refer to Compass Bank. BBVA Compass 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 performed by either BBVA Compass or its service provider.

Your use of the Mobile Banking Service constitutes your acceptance of these Terms of Use. These Terms of Use are subject to change from time to time. We will notify you of any material change as provided herein. We reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Mobile Banking Service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Mobile Banking Service. Your continued use of the Mobile Banking Service will indicate your acceptance of any such changes to the Mobile Banking Service. BBVA Compass reserves the right to terminate your access to the Mobile Banking Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

Dispute Resolution

YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN YOUR BBVA COMPASS DEPOSIT, CREDIT CARD, PREPAID CARD, AND/OR LOAN ACCOUNT AGREEMENT ("Account Agreement"). IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL. In any instance where you are not subject to your Account Agreement or the terms of your Account Agreement are deemed not to apply, then the laws of the state in which each BBVA Compass Mobile Account was opened, without regard to its conflicts of laws rules, shall govern these Terms of Use.

Technical Requirements

In order to access the Mobile Banking Service, you must have (i) a handheld device or streaming device that can send and receive information using the technology that supports this Mobile Banking Service (an "Eligible Mobile Device") and (ii) all information required to enroll, which will be described in the BBVA Compass Mobile Banking Application ("Mobile Application") at the time of enrollment. Eligible Mobile Devices necessary to obtain the Mobile Banking Service are described on the Bank's Web site at www.bbvacompass.com/go/mobile.

BBVA Compass may update the Eligible Mobile Devices from time to time. The technical standards required to access and use the Mobile Banking Service (the "Mobile Technical Standards") vary among the types of Eligible Mobile Devices and telecommunications carriers that support the Mobile Banking Service. The Mobile Technical Standards are described on the Bank's Web site, and may be updated from time to time to reflect changes in the technology that supports the Mobile Banking Service.

Mobile Banking Services

With the Mobile Banking Service, you may use your Eligible Mobile Device to access certain accounts that are made available to you through, or that you request be added to, the Mobile Application (each, a "Mobile Account"), and you may use your Eligible Mobile Device to (i) view balances and recent transactions for each BBVA Compass Mobile Account; (ii) make immediate, one-time transfers of funds between certain Mobile Accounts; and (iii) access additional services that may be available through the Mobile Application. Mobile Application features may vary by Eligible Mobile Device. In some cases, transfers can be made from one or more of your BBVA Compass Mobile Accounts to accounts of other BBVA Compass customers. When you make a transfer to another BBVA Compass account that you do not own, you represent and warrant that you have all necessary authority for any transfers you make. Additional terms and conditions may apply in order to access certain additional services that may be available through a Mobile Application. Your use of the Mobile Banking Service will be governed by your Account Agreement, where applicable, these Terms of Use, and all other terms and conditions in agreements governing accounts you have with us or services we provide to you.

Charges for Mobile Banking

We do not currently charge you any fee to register for or access the Mobile Banking Service or to download any Mobile Application. However, you may incur charges to receive internet, cellular or other data service on your Eligible Mobile Device. You may also incur charges from your telecommunications carrier when sending and receiving information in connection with your use of the Mobile Banking Service. You also agree to pay any applicable fee that is based on your usage of a particular Service.

Designating and Managing Users

As long as your Mobile Accounts include at least one commercial BBVA Compass Mobile Account, you may administer use of the Mobile Banking Service through a "Primary Administrator". The Primary Administrator must be an individual who is authorized by resolution to serve in this position. The Primary Administrator is entitled to:

  • Enter into these Terms of Use and any other agreements with the Bank necessary to effectuate your subscription to the Mobile Banking Service;
  • Access each Mobile Account and perform all of the functions described in these Terms of Use with respect to each Mobile Account, including, but not limited to, transfers into and out of Mobile Accounts;
  • Designate one or more individuals who will be authorized to access and use your subscription to the Mobile Banking Service (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 the Mobile Banking Service (each referred to as an "Additional Administrator");
  • Establish the scope of authority for each Authorized User and each Additional Administrator with respect to your Mobile Accounts and Services; and
  • Include additional BBVA Compass accounts for which the Primary Administrator is a signatory as Mobile Accounts within your subscription to the Mobile Banking Service.

If you desire to change the Primary Administrator, you must provide a resolution to the Bank designating the new Primary Administrator, and this resolution must be signed by the appropriate business officer(s).

Reporting Unauthorized Transactions or Disclosure of your Security Codes

You are responsible for maintaining the security of your Mobile Device and any passwords, usernames, questions with a matching answer, and/or other types of security techniques ("Security Codes") you have created for the purpose of accessing the Mobile Banking Service. You are responsible for all transactions you initiate or authorize using the Mobile Banking Service. If you allow any person to register a fingerprint in your Mobile Device or otherwise obtain or use your Mobile Device or Security Codes, you will have authorized that person to access your Mobile Accounts, and you agree that you are responsible for any transactions that person initiates or authorizes from your Mobile Accounts and will be bound by any agreements that person accepts or acknowledges electronically through the Mobile Banking Service. Notify us at once if the phone number for your Mobile Device is changed or service to your Mobile Device is terminated, or if you believe that your Mobile Device has been lost or destroyed, or if you believe that your Security Codes have been compromised, or that your Mobile Device or any of your Mobile Accounts have been accessed or used without your authorization, or if any periodic statement shows a transaction on a Mobile Account that you did not make, including any unauthorized transaction made via the Mobile Banking Service. Contacting us immediately by telephone will help you avoid responsibility for unauthorized transactions and will help you and us reduce possible losses. Call us at: 1-800-273-1057, or write to us at:

BBVA Compass 

Online Banking Support 

P.O. Box 10566 

Birmingham, AL 35296

Error Resolution for Consumer Accounts

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 determine whether an error occurred 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.

Your Liability for Consumer Accounts

For any BBVA Compass Mobile 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 Mobile 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 Mobile Account that you did not make. For any BBVA Compass Mobile 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.

Bank's Liability for Consumer Accounts

The Bank is responsible for damages you incur in connection with any of your BBVA Compass Mobile 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 Mobile Banking in accordance with these Terms of Use, 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 Mobile 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 Mobile Account;
  • if you have not properly followed instructions provided in connection with your Eligible Mobile Device, if your device fails to meet the Mobile Technical Standards required to access and use the Mobile Banking Service, or if your Eligible Mobile Device fails or malfunctions;
  • if you have not complied with the Bank's instructions in these Terms of Use or the Mobile Application 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 Mobile Account have been prohibited by a court order such as a garnishment or other legal process;
  • if your BBVA Compass Mobile Account is frozen because of dispute about ownership;
  • if your Eligible Mobile Device or the Mobile Banking Service 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 Eligible Mobile Device, 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 these Terms of Use 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 the Mobile Banking Service or the installation, use, or maintenance of your Eligible Mobile Device.

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 the Mobile Banking Service within thirty (30) days after we mail or email you a statement of your account or notice that your statement is available online. When reporting an error, you should provide 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.

Your Liability for Commercial Accounts

You agree that the use of the Security Codes and other security techniques that the Bank has established for the Mobile Banking Service 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 the Mobile Banking Service 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 the Mobile Banking Service 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.

You agree that the Bank is entitled to rely on and deem the use of your Security Codes to gain access to the Mobile Banking Service as your authorization for every transaction involving any commercial BBVA Compass Mobile 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 the Mobile Banking Service 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 Mobile Accounts using the Mobile Banking Service that is initiated by means of your Security Codes and accepted by the Bank in accordance with the security procedure outlined in these Terms of Use or disclosed to you in the Mobile Application, regardless of whether or not you actually authorized the transaction. You agree not to attempt to use the Mobile Banking Service to make a transfer if you have reason to believe this Service is not functioning properly.

Limitation of Liability for Commercial Accounts

Notwithstanding any other provision in these Terms of Use, 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 these Terms of Use or otherwise, in connection with the Mobile Banking Service or any commercial BBVA Compass Mobile 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 these Terms of Use; 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 Mobile 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 the "Bank's Liability for Consumer Accounts" section above;
  • For any failure to make a transfer or payment when your BBVA Compass Mobile 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 the Mobile Banking Service or the installation, use, or maintenance of your Eligible Mobile Device;
  • 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 Mobile Accounts or your subscription to the Mobile Banking Service; 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 these Terms of Use for any errors by the Bank in completing any transfer or bill payment you have properly requested through the Mobile Banking Service in accordance with these Terms of Use, 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 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 these Terms of Use 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.

Exclusion of Warranties

You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to install and use the Mobile Application only on an Eligible Mobile Device that you own or control, solely for your personal use and as expressly permitted herein. It is solely your responsibility to download and install any Mobile Application that is identified on the BBVA Compass Web site as required in order to access the Mobile Banking Service through your Eligible Mobile Device. BBVA Compass has no responsibility to notify you of any changes to or new releases for any required Mobile Application.

You acknowledge that from time to time, the Mobile Banking Service may be delayed, interrupted or unavailable for an indeterminate period of time. BBVA Compass and its affiliates shall not be liable for any claim arising from or related to the Mobile Banking Service arising from any such delay, interruption or unavailability.

In no event will BBVA Compass or its affiliates be liable for indirect, consequential or special damages, including lost profits, arising from or related to the Mobile Banking Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. BBVA Compass disclaims all warranties with respect to any Mobile Application, whether express, implied or statutory, including without limitation implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, and non-infringement of third party rights. You release BBVA Compass, its service providers, and its affiliates from all claims and damages that may arise from or relate to your use of any Mobile Applications. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any Mobile Application, and you may not redistribute any Mobile Application. All rights not expressly granted to you herein are reserved by us.

By identifying an Eligible Mobile Device for use with the Mobile Banking Service, BBVA Compass does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance, and costs associated with such device with your telecommunications carrier or internet service provider.

BBVA Compass and its service providers have no obligation to correct any bugs, defects or errors in the Mobile Banking Service or Mobile Applications, or to otherwise support, maintain, improve, modify, upgrade or enhance the Mobile Banking Service or Mobile Applications. Subject to applicable law or regulations, BBVA Compass may terminate your use of the Mobile Banking Service and expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the service, change the enrollment process, and/or change the transaction limits associated with the Mobile Banking Service at any time in its sole discretion without prior notice.

Data Collection

You acknowledge and agree that BBVA Compass may, in accordance with the BBVA Compass Mobile Banking Application Privacy Policy, collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of updates to Mobile Applications and product support, for security reasons, for marketing purposes, and for other service to you (if any) related to, or in connection with, the Mobile Banking Service.

Prohibited Uses

You agree that you will not use the Mobile Banking Service or any services related thereto while driving. You assume all risk associated with the use of the Mobile Banking Service, including the use of any Mobile Application. You agree that you will not use the Mobile Banking Service or any services related thereto for any purposes prohibited by United States law; and shall not use or otherwise export or re-export the Mobile Application(s), except as authorized by United States law and the laws of the jurisdiction in which the Mobile Application(s) was obtained. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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 security code 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. 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.

Alerts

You may use the Mobile Banking Service to request and receive from the Bank any of the alerts made available through this Service by making alert selections within the Mobile Application. 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 or the Mobile Application. 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 or the Mobile Application 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 alerts service, you must update your mobile number in Online Banking or the Mobile Application 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 Mobile 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 Mobile Accounts in an alert, the alert may include your name and some information about your Mobile Accounts. Depending on where you instruct us to send your alerts, anyone with access to your email or Eligible 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 Mobile Banking profile, you acknowledge and agree that we may continue to send you alerts associated with that account or your Mobile Banking profile for a reasonable time thereafter until the closure process is completed.

2. Mobile Deposit®

Subject to the following terms and conditions (collectively, this "Section"), you may use this Service to make deposits to any of your Mobile Accounts from home or other remote locations by scanning checks and transmitting the images and associated deposit information to BBVA Compass or its designated processor.

  • Limitations of Service. When using the Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. This Service has qualification requirements, and we reserve the right to change the qualifications at any time without notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or to terminate your use of the Service, in whole or in part, immediately and at any time without notice to you.
  • Ineligible Items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the image of the check transmitted to BBVA Compass shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
    • Checks payable to any person other than you.
    • Checks that have been altered in any way, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
    • Checks payable to you jointly with one or more other persons, unless deposited into an account in the name of all payees.
    • Checks previously converted to a substitute check, as defined in Reg. CC.
    • Checks drawn on a financial institution located outside the United States.
    • Checks not payable in United States currency.
    • Checks dated more than 6 months prior to the date of deposit.
    • Checks or items prohibited by BBVA Compass' current procedures relating to the Service or which are otherwise not acceptable under the terms of your BBVA Compass account.
    • Checks payable on sight or payable through Drafts, as defined in Reg. CC.
    • Checks with any endorsement on the back other than that specified in this agreement.
    • Checks that are drawn or otherwise issued by the U.S. Treasury Department.
    • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution, or that have otherwise been deposited with BBVA Compass or any other financial institution, including checks that have been returned unpaid.
  • Endorsements and Procedures. You agree to endorse each check transmitted through the Service with the endorsement "For deposit only, BBVA Compass account #______" or any other endorsement that may be required by BBVA Compass. You agree to follow any and all other procedures and instructions for use of the Service as BBVA Compass may establish from time to time.
  • Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive, such as an image that is dropped during transmission. An item shall be deemed received when you receive a confirmation from BBVA Compass that we have received the image. Receipt of this confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We reserve the right to charge back to your account at any time, any item that was subsequently returned to us or that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
  • Availability of Funds. You agree that items transmitted using the Service are subject to the following funds availability policy. In general, if an image of an item you transmit through the Service is received and accepted on a business day before the cutoff time displayed in the Mobile Application for this Service, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day. Funds deposited using the Service will generally be made available within five (5) business days from the day of deposit. BBVA Compass may make such funds available sooner based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as BBVA Compass, in its sole discretion, deems relevant. For the purposes of this Section, a business day is Monday through Friday, excluding all holidays recognized by the federal government. 

    In some cases, we may decide not to make funds deposited using the Service available in accordance with this general policy. Should this occur, a communication will be sent to you, informing you as to when your funds will be available. For example, in the event we receive an item transmitted through the Service where we have reason to doubt the legitimacy or collectability of that item, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action.
  • Disposal of Transmitted Items. You agree to retain each check that you transmit under this Service for at least five (5) calendar days after the funds have posted to the deposit account. Then, you agree to destroy the check, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. You agree that you will take all necessary efforts to safeguard any checks until they are destroyed. During the time the retained check is available, you agree to promptly provide it to BBVA Compass upon request.
  • Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits that you may transmit using the Service, and may modify those limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, that deposit will still be subject to the terms of this Section, and we will not be obligated to allow such a deposit at other times. You can view your limits within the BBVA Compass Mobile Banking Application.
  • Presentment. The manner in which any item transmitted through the Service is cleared, presented for payment, and collected shall be in BBVA Compass' sole discretion, subject to the Account Agreement governing your Mobile Account in which the item is deposited.
  • Errors. You agree to notify BBVA Compass of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable BBVA Compass account statement is sent. Unless you notify BBVA Compass within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against BBVA Compass for such alleged error.
  • Errors in Transmission. By using the Service you accept the risk that an item may be intercepted or misdirected during transmission. BBVA Compass bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
  • Image Quality. The image of an item transmitted to BBVA Compass using the Service must be legible, as determined in the sole discretion of BBVA Compass. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by BBVA Compass, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
  • Your Promises and Indemnification. You promise to BBVA Compass that:
    • You will not transmit any ineligible items.
    • You will not transmit duplicate items.
    • You will not transmit any item if you are aware of any facts or circumstances that may impair the collectability of that item.
    • The digital image of the check transmitted to BBVA Compass is a true and correct image of the original paper check and has not been altered in any manner by you or any third party acting on your behalf.
    • You have reviewed and confirmed that the image captured is identical in all respects to the original paper check and that the amount of the check captured is accurate.
    • You will not re-deposit or re-present the original item.
    • All information you provide to BBVA Compass is accurate and true.
    • You will comply with this Section and all applicable rules, laws and regulations in using this Service.
    You agree to indemnify and hold BBVA Compass harmless from any loss resulting from your breach of these promises.
  • Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions or poor quality transmissions, and in the resolution of claims related to items transmitted through the Service, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
  • Enforceability. We may waive enforcement of any provision of this Section. No waiver of a breach of this Section shall constitute a waiver of any prior or subsequent breach of this Section. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Section. In the event that any provision of this Section shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Section shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
  • Ownership & License. You agree that BBVA Compass retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Section. Without limiting the effect of the foregoing, your breach of this Section immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to BBVA Compass' business interest, or (iii) to BBVA Compass' actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
  • DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
  • LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BBVA COMPASS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

Mobile Deposit® is a registered trademark of Mitek Systems, Inc.

3. Bill Pay

Subject to the following terms and conditions (collectively, this "Section"), you may use this Service to initiate payments electronically from any Mobile Account for which this Service is available.

  • Definitions:
    • "Bill Pay," "Bill Pay Service" or "Service" means the bill payment service offered by BBVA Compass, which may be provided either directly by the Bank or indirectly through the Bank's service provider.
    • "Biller" means the person or entity to which you wish a bill payment to be directed. You may make payments only to a Biller with a United States address.
    • "Business Day" means every Monday through Friday, excluding all holidays recognized by the federal government.
    • "Due Date" means the date on which your payment is due, as shown on your Biller's statement. The Due Date is not the date on or after which your payment is considered late.
    • "Payment Account" means the Mobile Account from which a bill payment will be debited.
    • "Payment Instruction" means the information you provide through the Bill Pay Service regarding a bill payment to be made on your behalf to a Biller (such as, but not limited to, the Biller's name, the Biller's account number, and Scheduled Payment Date).
    • "Scheduled Payment" means a payment that has been scheduled through the Bill Pay Service.
    • "Scheduled Payment Date" means the date included in your Payment Instruction as the date on which you want your Biller to receive your bill payment.
  • Bill Payment Function. You may use Bill Pay to make one-time or recurring payments from any Mobile Account that is a checking account, subject to the following restrictions and conditions:
    • Payment Methods. The Bank reserves the right to select the method by which Scheduled Payments will be made on your behalf to your Biller. These payment methods may include, but are not limited to: (a) transferring funds electronically to the Biller; (b) preparing a check or a laser draft that is payable to the Biller, then sending this check or draft to the Biller; or (c) any other means chosen by the Bank in its sole discretion.
    • Limitations on Payment Amounts. You may not make a payment to a Biller that is in an amount greater than $999,999.99. The Bank reserves the right to limit the frequency and dollar amount of transactions from your Mobile Accounts for security reasons.
    • Restrictions on Billers. Occasionally a Biller may choose not to participate in Bill Pay, or may require additional information before accepting payments. We may work with these Billers to encourage them to accept an electronic or check payment from the Bank. If we are unsuccessful, or if we determine that the Biller cannot process payments in a timely manner, we may decline future payments to this Biller. In the unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through Online Banking with Bill Pay must be payable in U.S. dollars to a Biller located in the United States. We reserve the right to restrict categories of Billers to whom payments may be made using this Service. The Bank is not responsible for the refusal by any Biller to accept payment made using the Bill Pay Service.
    • Prohibited Payments. You agree not to use the Bill Pay Service to make:
      • Any payment on behalf of a third party,
      • Any tax payment,
      • Any court-ordered payment,
      • Any payment to settle securities transactions,
      • Any payment to a Biller located outside the United States, or
      • Any payment using funds that were sent to you from outside the United States if the funds were accompanied by instructions specifying one or more payments to be made with those funds.
    In no event shall the Bank be liable for any claims or damages resulting from your scheduling any of these types of payments. The Bill Pay Guarantee described below does not apply to these types of prohibited payments, even if the Bill Pay Service allows them to be scheduled or made. The Bank has no obligation to research or resolve any claim relating to or resulting from the misapplication, misposting or misdirection of these types of payments, and you accept full responsibility for the resolution of all such claims.
  • Bank's Right to Refuse Certain Payment Requests. The Bank may refuse to honor any payment requests that reasonably appear to the Bank to be fraudulent, unauthorized, erroneous, illegal or prohibited under this Agreement, or as otherwise permitted by law, and the Bank shall have no liability for its refusal to honor these payment requests.
  • Payment Scheduling. For each bill payment you attempt to schedule, the Bill Pay Service will designate the earliest possible Scheduled Payment Date for that Biller, which typically is four (4) or fewer Business Days from the current date. The Bill Pay Service will not permit you to select a Scheduled Payment Date that occurs before the earliest possible Scheduled Payment Date designated for each Biller. When scheduling a bill payment, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. You are responsible for any late charge, finance charge, penalty or default or other consequence that may result from your selecting a Scheduled Payment Date later than the Due Date.
  • Your Authorization. By providing the Bill Pay Service with the name of a Biller and information about your account with that Biller, you authorize the Bill Pay Service to contact the Biller about your payments made or to be made through Bill Pay. You agree that, in order to process payments more efficiently, the Bill Pay Service may edit or alter payment data or data formats according to the Biller's directives. By submitting Payment Instructions through the Mobile Application, you authorize the Bill Pay Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as closely as reasonably possible to the Scheduled Payment Date.
  • Changes to Payment Account or Biller Information. Any change in the selection of your Payment Account or the information for a Biller must be made in accordance with the instructions in the Mobile Application . Any changes you make to Payment Account or Biller information may become effective immediately for scheduled and future payments, but will not apply to any payment that has begun processing at the time of your change. The Bank shall have no liability for any payment processing errors or any fees you may incur if you do not provide accurate Payment Account or Biller information.
  • Insufficient Funds in a Payment Account. You agree to submit Payment Instructions for a bill payment only when there are or will be sufficient funds in the Payment Account to cover both that payment and any other items or charges to be paid from the Payment Account.

If there are insufficient funds in the Payment Account to cover any Scheduled Payment, the Bill Pay Service may either (i) make the Scheduled Payment, even if it overdraws the Payment Account or (ii) decline to make the Scheduled Payment. In either event, you are responsible for any non-sufficient funds or overdraft charges authorized in the Account Agreement for the Payment Account. The Bank has no obligation to inform you if the Bill Pay Service declines to make a Scheduled Payment because there are insufficient funds in the Payment Account. In this situation, you are responsible for rescheduling the payment through the Mobile Banking Service or making alternate arrangements. You agree that, if the Bill Pay Service is used to make a Scheduled Payment that overdraws the Payment Account:

  • You will reimburse the Bank or its service provider, as applicable, immediately upon demand for any funds advanced on your behalf;
  • For any amount not reimbursed within fifteen (15) days after initial demand, the Bank or its service provider, as applicable, may require you to pay a late charge equal to 1.5% of the amount advanced. This late charge is in addition to any non-sufficient funds or overdraft charges imposed under the Deposit Account Agreement for the Payment Account;
  • You will reimburse us for any fees incurred in attempting to collect the amount of the advanced funds and any late charge from you; and,
  • The Bank may report the facts concerning the return to any credit reporting agency.
  • Returned Payments/Credits to Your Payment Account. You understand that payments made through the Bill Pay Service may be returned for a variety of reasons, including, but not limited to, the following: changes to a Biller's address; changes to an account number; the Bill Pay Service having been provided with incorrect information about a Biller or your account with a Biller; a Biller's inability to identify your account or any outstanding balance owed on your account. The Bill Pay Service will try to correct any obvious errors that may have caused the payment to be returned and then to resend the corrected payment, but the Bank shall have no liability for returned payments that were sent according to your Payment Instructions. You also authorize the Bill Pay Service to credit your Payment Account for any returned Scheduled Payments and for any payments sent to you through the Bill Pay Service.
  • Canceling a Scheduled Payment. You may cancel or edit any Scheduled Payment (including recurring payments) that has not begun processing by following the directions within the Bill Pay Service. There is no charge for canceling or editing a Scheduled Payment that has not begun processing. Once the Bill Pay Service has begun processing a Scheduled Payment, you cannot cancel or edit the Scheduled Payment, but you may be able to stop the Scheduled Payment by submitting a stop payment request.
  • Stop Payment Requests on Scheduled Payments. If you wish to stop a Scheduled Payment once it has begun processing, you should call the Bank at 800-273-1057 as soon as possible. The Bank also may require you to make your request in writing, as provided in the applicable Deposit Account Agreement. The Bank's ability to stop any Scheduled Payment will depend on both the method used to make that payment and when you contact the Bank. Some payment requests cannot be stopped once processing has begun. For Scheduled Payments that can be stopped, the Bank must receive your stop payment request in sufficient time to allow the payment to be voided, which generally will be at least three (3) Business Days before the Scheduled Payment Date. If the Bank is unable to stop your Scheduled Payment, it will be processed according to your original Payment Instructions, and the Bank will have no liability for failing to stop this Scheduled Payment. The charge for each stop payment request will be the current charge provided in the applicable Deposit Account Agreement.
  • Bill Pay Guarantee. Due to circumstances beyond the Bank's control, particularly delays by Billers in handling and posting payments, some Scheduled Payments may take longer than expected to be credited to your account with a Biller. You will be reimbursed up to $50 for any late charges you incur for a Scheduled Payment posted after its Due Date as long as you have scheduled that payment according to the guidelines described under "Payment Scheduling" in this Agreement.

Mobile Photo Bill Pay

The Mobile Photo Bill Pay service is a part of the Mobile Bill Pay Service that allows Mobile Bill Pay customers with a camera-equipped Eligible Mobile Device to take a picture of a bill to:

  • Add a new payee; and
  • Set up recurring bill payments.

Using the camera on your Eligible Mobile Device, you can capture the Biller's information and address, your account number with that Biller and the amount due. After the image is processed, you will be prompted to verify the accuracy of the information presented to you. It is your responsibility to verify the accuracy of the information for any payee and bill payment. You agree that we shall not be liable for any damages resulting from inaccuracies or errors in a Scheduled Payment resulting from your failure to verify the accuracy of information presented to you.

4. International Remittances

Subject to the following terms and conditions (collectively, this "Section"), you may use this 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 this Service. You may use this Service to initiate payments electronically from any Mobile Account 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 this Service will be governed by the Deposit Account Agreement, the BBVA Compass Remittance Services Agreement, this BBVA Compass Mobile Banking Terms of Use Agreement, and all other terms and conditions in agreements governing accounts you have with us or services we provide to you, as applicable.

5. Payments to Credit Lines

Subject to the following terms and conditions (collectively, this "Section"), you may use this 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 a Mobile 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.
  • "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 Mobile 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 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 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.

Terms and Conditions:

We may offer you the option to use the 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 these Terms of Use, 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 in the Mobile Application for this Service (the "Cutoff Time"), your payment will be credited as of that day. 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 your payment will be credited as of the next Business Day. Future-dated payments will be credited as of the Scheduled Payment Date if that day is a Business Day or, if the Scheduled Payment Date is not a Business Day, as of 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. Please Note: The posting date of the payment may be different than the crediting date.
  • Your Authorization. By submitting Payment Instructions through the 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. You represent and warrant that you are a named owner of each Credit Line Payment Account, you have all necessary legal right, power and authority to debit funds from each Credit Line Payment Account, and each Credit Line Payment Account is located in the United States.
  • 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 Section and/or your use of this Service.
  • 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 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 Service about your Credit Line Payment Account. The 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 Service. There is no charge for stopping or editing a Scheduled Payment that has not begun processing. Once the Service has begun processing a Scheduled Payment, you cannot stop or edit the Scheduled Payment.

6. Popmoney®

Subject to the following terms and conditions (collectively, this "Section"), you may use this Service to send and receive payments from any Mobile Account for which this Service is available 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," or "Service" means the person-to-person payment service offered by BBVA Compass, which may be provided either directly by the Bank or indirectly through the Bank's Service Provider.
  • "Receiver" is a person or business entity that is sent a Payment Instruction through this 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 Mobile Account.
  • "SMS" refers to the "short message service" or text messages that may be transmitted over mobile phones.

Terms and Conditions:

  • Eligibility For This Service. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors 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 Section.
  • 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 Section to delegate to Service Providers all of the rights and performance obligations that we have under this Section, and that the Service Providers will be third party beneficiaries of this Section and will be entitled to all the rights and protections that this Section 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 Section 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 Section 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.
  • 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 your recent transactions through this Service within the Mobile Application or by logging into Online Banking and looking at the history for your Transaction Account. You agree to receive receipts of these transactions by this method instead of receiving receipts by mail, and also to review your transactions to identify any unauthorized or unclaimed payments.
  • Initiation of Payment Instructions. With this Service, you may initiate a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately. 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. 

    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, 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 Mobile Application 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 Section. 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 1 of these Terms of Use of any violations of this Section or the Terms of Use 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 Mobile Application 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 Mobile Application or Service, or interfere or attempt to interfere with the Mobile Application 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 1 of these Terms of Use of any violations of this Section or the Terms of Use generally.
  • Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Section or have otherwise breached your obligations under this Section, we may terminate, suspend or limit your access to or use of the Mobile Application 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 Section, access to the Mobile Application 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 Section, 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 in the Mobile Application) 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.
  • Receiving Payments. If another person wants to initiate a Payment Instruction using the Service to a Transaction Account you hold, he or she can do that from the Mobile Application 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 Mobile Application) 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.
  • 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 Mobile Application 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. The option to cancel or stop a payment will appear in the user interface for, or elsewhere within, the Service or Mobile Application. 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 these Terms of Use or in the user interface for, or elsewhere within, the Service or Mobile Application. 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 Section.
  • 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 in Mobile Application) 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 Section, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Mobile Application. 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 Service 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 Section 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 these Terms of Use or in the user interface for, or elsewhere within, the Service or Mobile Application. 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. 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 code(s) to access the Service or the portion of the Mobile Application 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 code(s). If you believe that any security code(s) for accessing this Service have been lost or stolen or that someone may attempt to use them to access the Mobile Application or Service without your authorization, you must inform us at once at 1-800-273-1057. Your liability for any unauthorized transactions using the security code(s) will be governed by the terms of the deposit account agreement for your Transaction Account.
  • Intellectual Property. "Popmoney" is a trademark of CashEdge, Inc. or its affiliates. All other marks and logos related to this Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Mobile Application through which the Service is offered, the technology related to the Mobile Application and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Mobile Application or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors' exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
  • Links and Frames. Links to other sites may be provided on the portion of the Mobile Application through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Mobile Application. For example, if you "click" on a banner advertisement or a search result, your "click" may take you out of the Mobile Application. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
  • Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and 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 Section and/or your use of the Mobile Application 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 Mobile Application 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 MOBILE APPLICATION AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR MOBILE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
  • Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, 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 MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTION 2 OF YOUR DEPOSIT ACCOUNT AGREEMENT WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS SERVICE 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 1 of these Terms of Use.
  • Error Resolution. In case of any errors or questions about payments to or from your Transaction Account, please contact us as provided in Section 1 of these Terms of Use.
  • 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 1 of these Terms of Use. 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 Section.

7. Transfers to External Accounts

Subject to the following terms and conditions (collectively, this "Section"), you may use this 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 Service and designate certain types of consumer BBVA Compass Mobile Accounts, including checking, savings and certain money market accounts, from which these payments will be made (the "ACH Account").

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 Service by us or through the Mobile Banking Service; and (c) the Entry Settlement Limit that we may separately communicate to you. Unless otherwise defined in this Section or elsewhere in these Terms of Use, 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 Service.

Definitions:

  • "ACH Software" means the software that we use to provide the 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' Mobile 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 the Mobile Banking Service.
  • "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 the Mobile Banking Service 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 the Mobile Banking Service 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.

Terms and Conditions:

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

  • Authorization for the Service. You authorize and direct us to process each Entry submitted through the 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 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 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 Mobile Banking Service 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 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 Service 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 Service. You agree that, if any Entry submitted under this Service 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 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 Service and NACHA's Rules.
  • Scope of the Service. We will process and transmit the Entries submitted through the Service to the Participating Financial Depository Institutions, subject to the Rules and this Section. 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 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 Service 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 Section, 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 Section, 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 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 Service in accordance with our operating rules and procedures.
  • Fees. You agree to pay the fees for this Service as provided in the Mobile Banking Service. 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 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 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 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 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 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 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 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 Service 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, 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 Service at any time upon 30 days' notice to you. Further, we may, in our sole discretion, suspend or terminate your access to the 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 Service, including without limitation each Entry, shall comply with this Section, 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 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 Section. 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 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 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.

8. Transfers from External Accounts

Subject to the following terms and conditions (collectively, this "Section"),you may use this Service to make transfers to your BBVA Compass Mobile 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 section of the Mobile Application through which this Service is offered.
  • "Recipient Account" means your BBVA Compass Mobile 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 Mobile Accounts described in Section 1 of these Terms of Use 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 Section.
  • 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 Section to delegate to Service Providers all of the rights and performance obligations that we have under this Section, and that the Service Providers will be third party beneficiaries of this Section and will be entitled to all the rights and protections that this Section provides to us.
  • Receipts and Transaction History. You may view your recent transactions through this Service within the Mobile Application or by logging into Online Banking and looking at the history for each Recipient Account. You agree to receive receipts of these transactions by this method, and also to review your transactions to identify any unauthorized or unclaimed payments.
  • 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 1 of these Terms of Use of any violations of this Section or the Terms of Use 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 Section. 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 Mobile 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 Mobile 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 Mobile Account has been accessed or any transfer from an External Account has been made through this Service without your authorization, as provided in Section 1 of these Terms of Use.
  • Error Resolution. In case of any errors or questions about transfers shown in the transaction history for any BBVA Compass Mobile Account used with this Service, please contact us as provided in Section 1 of these Terms of Use.
  • 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 the Mobile Application 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 Mobile 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 Section.
  • 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 Section 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 on 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 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 1 of these Terms of Use. Your liability for any unauthorized transactions using the security codes will be governed by the applicable Account Agreement.
  • Exclusions of Warranties. THE EXTERNAL TRANSFERS 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 EXTERNAL TRANSFERS 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 EXTERNAL TRANSFERS 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 MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE 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 MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTION 2 OF YOUR DEPOSIT ACCOUNT AGREEMENT WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. 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 MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED AND THIS SECTION 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 MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED.

9. Domestic Wire Transfers

Subject to the following terms and conditions (collectively, this "Section"), you may use this Wire Transfer Service to initiate outgoing domestic wire transfers from certain types of consumer Mobile Accounts, including checking, savings and money market accounts. Each Mobile 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 Mobile Accounts, and any such additional types of Mobile Accounts will be automatically included in the Wire Transfer Accounts that you may access through the Wire Transfer Service.

You may initiate payment orders for domestic wire transfers through Mobile 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 herein. 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 these Terms of Use, 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 these Terms of Use, 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 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, a security device or your Mobile 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 Section (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 Section, all wire transfers originated through the Wire Transfer Service shall comply with the Wire Transfer Security Procedures, all other terms of this Section, 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 Section or within the Mobile Banking Service. 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 Section 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 Mobile 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 within the Mobile Banking Service. 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 Service. 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 elsewhere in these Terms of Use, 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.
  • 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 Section 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 MOBILE 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 Mobile 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.

10. Wire Transfers for Commercial Accounts

Subject to the following terms and conditions (collectively, this "Section"), you may use this Wire Transfer Service to initiate outgoing domestic wire transfers from certain types of commercial BBVA Compass Mobile Accounts, including commercial checking, savings and money market accounts. Each BBVA Compass Mobile 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 Mobile Accounts, and any such additional types of BBVA Compass Mobile 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 the Mobile Banking Service; (ii) any instructions or additional information that may be provided to you regarding the Wire Transfer Service by us or through the Mobile Banking Service; 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 these Terms of Use.

You may initiate payment orders for domestic wire transfers through the Mobile Banking Service, 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 who are authorized to initiate wire transfers using the Wire Transfer Service (each, an "Authorized Wire User"). 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, 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, 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 these Terms of Use (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 these Terms of Use, all wire transfers originated through the Wire Transfer Service shall comply with the Wire Transfer Security Procedures, all other terms of these Terms of Use, 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 these Terms of Use. 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 these Terms of Use 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 Mobile 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 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 these Terms of Use and the Mobile Application. 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 these Terms of Use, 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 these Terms of Use, 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 these Terms of Use 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 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.

11. ACH Payments for Commercial Accounts

Subject to the following terms and conditions (collectively, this "Section"), you may use this ACH Payment Service to send employee, tax and vendor payments via the Automated Clearing House network ("ACH"). You may request the ACH Payment Service and designate the single commercial checking account among your BBVA Compass Mobile 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 the Mobile Banking Service or 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 these Terms of Use.

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, 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 these Terms of Use.
  • "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 this ACH Payment Service.
  • "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 this ACH Payment Service 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 this ACH Payment Service 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 this ACH Payment Service, 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, 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, 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 the Mobile Banking Service 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 ACH Payment Service. You agree that, if any prepaid Entry submitted under this ACH Payment Service 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 these Terms of Use, 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 these Terms of Use. 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 ACH Payment Service 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 these Terms of Use, 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 these Terms of Use, 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 these Terms of Use and the Mobile Application. 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 these Terms of Use, 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 through the ACH Payment Service 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, these Terms of Use, 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 any other termination rights provided in these Terms of Use, 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 these Terms of Use, 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 these Terms of Use. 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.

12. Simple Cash Back

Subject to the following terms and conditions (collectively, this "Section"), the BBVA Compass Simple Cash BackSM program (the "Program") permits certain Mobile Banking users to receive offers for Rewards to be provided by Participating Merchants through the Mobile Banking Service, as described below. BBVA Compass reserves the right to disqualify Mobile Banking users who violate the following terms or any Program terms presented within the Mobile Application, as they may be changed from time to time. We do not share individually identifiable information with merchants as part of the Program, and you may choose to opt-out of receiving offers for Rewards as provided in "Your Right to Opt-Out" below.

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 Mobile 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 Mobile 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 Mobile 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.

Terms and Conditions:

  • 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 1 of these Terms of Use 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 sign in to Online Banking and follow the opt-out instructions provided within the Program section of Online Banking. 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 Mobile 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 Program section of 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 1 of these Terms of Use. 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 these Terms of Use.
  • 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 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 the Mobile Application 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 1 of these Terms of Use. 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.

13. Fee Schedule

A Spanish version of this document is available as a courtesy to our clients who use Spanish as their primary language. Although Compass Bank has taken every precaution possible to translate the original document correctly, the Spanish translation is only a courtesy to our clients. Please take note that all official documents from Compass Bank will be in English only. Please visit: http://www.bbvacompass.com/mobile-banking/v4/terms/es/terms to view the Spanish version.


Rev. 03/2017