BBVA Compass Mobile Banking Terms of Use

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.
Reporting Unauthorized Transactions or Disclosure of your Security Codes
You are responsible for maintaining the security of your Mobile Device and any security code(s) you have
created for the purpose of accessing the Mobile Banking Service, and you are responsible for all
transactions you or any other person initiates or authorizes using the Mobile Banking Service. If you allow
any person to obtain or to use your Mobile Device or security code(s), you will have authorized that person
to access your Mobile Accounts, and you agree that you 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 code(s) has 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
Limitation of Liability and 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 nondelivery 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 not subject to the funds
availability requirements of Reg. CC. In general, if an image of an item you transmit through the
Service is received and accepted before 7 p.m. Central Time on a business day, 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 three (3)
business days from the day of deposit. BBVA Compass may make such funds available sooner based
on such factors as credit worthiness, 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 not 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. In the event we receive an item you transmit through the Service where
we have reason to doubt the 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 fifteen (15) calendar days from the date of the image transmission. After that 15-day
period, 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 nonprofit 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, nonexclusive 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 socalled "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, royaltyfree, 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. Simple Cash Back
Subject to the following terms and conditions (collectively, this "Section"), the BBVA Compass Simple Cash
BackS M 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.
11. Fee Schedule
Mobile Deposit
No Charge
Bill Pay
No Charge
Popmoney
Send Money
No Charge
Transfer from External Account No Charge
Transfer to External Account
Usage Fee
$3 / transfer
International Remittance
Usage Fee
$5 / Remittance (No charge for Premier Personal Banking customers)
Domestic Wire Transfer
Usage Fee
$15 / wire transfer
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/mobilebanking/v4/terms/es/ to view the Spanish version.
BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC.
Rev. 6/2015