Digital
Banking Terms and Conditions
These Digital Banking Terms and
Conditions (these “Terms and Conditions” or this “Agreement”) govern your use
of any information, content, products, services, transactions and other
features available through the online or mobile banking channels maintained by
BankUnited (“Digital Services”). These Terms and Conditions shall apply
regardless of the means by which the Digital Services are accessed including,
without limitation, a personal computer, mobile device, smartphone, tablet, any
other eligible handheld or wearable communication device, or any other means of
access. Use of the Digital Services is expressly conditioned upon your
acceptance of these Terms and Conditions. Please review these Terms and
Conditions carefully. By enrolling in our Digital Services, you acknowledge that
you have read, understand and agree to abide by these Terms and Conditions, as well as any terms and instructions that
appear on a screen when enrolling in, activating or accessing the Digital Services. If you decide not to agree to these Terms and Conditions, you may not
use the Digital Services.
These Terms and Conditions supplement
our applicable disclosure statements and agreements, including, without
limitation, our Depositor's Agreement, Schedule of Fees, Funds Availability
Disclosure, Electronic Funds Transfer Terms and Conditions and Privacy Policy
(collectively “Other Agreements”), in effect from time to time. In the event
that any provision of these Terms and Conditions conflict with the terms
contained in any such disclosure statements and agreements, these Terms and
Conditions shall control, to the extent necessary. You further agree to be
bound by and comply with any and all applicable federal and state laws, rules
and regulations, including but not limited to, the rules and regulations of any
networks, clearinghouses or funds transfer system to which the Bank belongs, in
connection with your use of the Digital Services. Additionally, if there is a
conflict between what an employee of ours says and these Terms and Conditions,
these Terms and Conditions will prevail.
1.
DEFINITIONS
In this Agreement: “BankUnited”, “we”, “us” and “our” means BankUnited, N.A.; “you” and “your” means each owner of an eligible account, a person applying for an eligible account, each person listed as an authorized signer on the signature card for such account, or an authorized representative appointed or otherwise entitled to transact business as identified on any BankUnited account, product or service accessible, either currently or in the future, through the Digital Services; “Account” or “Accounts” means each account, now or in the future that you maintain with us that is enrolled in one or more of our Digital Services; "Consumer Account" means an account established by an individual primarily for personal, family or household purposes; "Business Account" means any account that is not a Consumer Account; “Mobile Application” or “Mobile App” means the customized BankUnited mobile application designed specifically for smartphones and similar devices; and "Business Day" shall mean every Monday through Friday, excluding Federal Reserve holidays.
2.
ELIGIBILTY
FOR ENROLLMENT
To be eligible to register for and use our Digital Services,
you must (i) maintain an Account with us, (ii) be at least eighteen (18) years
of age and (iii) be a citizen or resident of the United States. If you have
more than one Account that is eligible for access through our Digital Services,
we will automatically link your Accounts together, and such Accounts will
appear in your online banking profile, unless you request otherwise. All
Accounts linked within the Digital Services must have (i) the same taxpayer
identification number (TIN) and (ii) an authorized signatory that is common to
all Accounts. If one or more of your Accounts is a joint account, we may act on the verbal, written or
electronic instructions of any authorized signer. Please note that
certain Digital Services may not be available for all of your Accounts and that
certain features, information, or other Digital Services may not be available
through all banking channels. Accounts that you open with us after your initial
enrollment will be automatically enabled in our Digital Services. If you share
your Access Information (as hereafter defined) with a third party, even a third
party with whom you share an account, they will have access to view all of your
linked accounts, even Accounts that are not shared with you. The Bank shall
have no duty or obligation to inquire as to the appropriateness, correctness or
authenticity of any transaction, order, instruction or entry performed through
the linked accounts, including, without limitation, whether a transaction was
authorized, the purpose of the transaction, the amount of the transfer, or the
application of any funds transferred. You agree to immediately notify the Bank
in writing if you desire to de-link any Account. Such notice shall include the
name, account number and taxpayer identification number of the Account to be
de-linked. The Bank shall not be liable to you for any transactions performed
on such Account before the Bank has received such notice and has had a reasonable
opportunity to act thereon.
Further, you should use your business accounts to send or
receive payments for business purposes and you should use your consumer
accounts to send or receive payments for personal, family, or household
purposes.
3.
ACCESS
You authorize BankUnited to provide access to your Accounts
through the Digital Services. In order to access the Digital Services, you will
need a username, a password, and required hardware and software as detailed
below. You also have to comply with any other security procedures we may
establish. In some cases, you may need a one-time authentication code (together
with your user ID and password, collectively referred to as “Access
Information”) that will be delivered to you via a delivery channel that you will
be prompted to choose. We may, at our
option, change the parameters
for the Access Information used to access the Digital Services without prior
notice to you. If we do so, you will be required to change your Access
Information the next time you access the Digital Services.
After
you have successfully registered, and subject to the terms of this Agreement,
you will generally be able to access your Accounts and use the Digital Services
seven (7) days a week, twenty-four (24) hours a day. However, some or all of
the Digital Services may be unavailable during regularly scheduled maintenance,
system/network interruptions, or other circumstances beyond our control.
You are hereby granted a non-exclusive,
non-transferable limited and revocable right to access and use the Digital Services
as well as any technology in object code. You agree that the Bank and our
suppliers or servicers retain all intellectual property rights in any hardware,
software, documentation, systems or other technology or intellectual property
("Technology") that may be made available to you in connection with
the Digital Services. You further agree (i) to read and comply with any license
terms with respect to any Technology made available to you, (ii) to use the
Technology solely for purposes of accessing the Digital Services and no other
purpose, (iii) to maintain the confidentiality of the Technology and not copy,
transfer or disclose the Technology, (iv) not to attempt to circumvent any use
or access limitations contained in the Technology, (v) not to translate,
reverse engineer, disassemble or decompile any Technology, (vi) to use the
Technology in accordance with its documentation and all relevant security
policies and procedures, and (vii) to return any and all copies of the
Technology to us upon request. All Technology is provided to you on an "AS
IS" and "AS AVAILABLE" basis.
4.
SECURITY
You
are solely responsible for keeping your Access Information confidential and
agree not to give or make it available to any person who is not authorized to
access your Accounts. You agree to maintain adequate
procedures to prevent unauthorized access to your Accounts. You acknowledge and
accept the risk that anyone with your Access Information can log into your Accounts
and read and copy your sensitive information.
You
agree that the Bank is authorized to provide information to any party, and act
upon all instructions or communications received using your Access Information.
You further agree that use of your Access Information will have the same legal
effect as your written signature authorizing the transaction, and any such
transactions will be deemed valid, authentic and binding obligations. Any such
instructions or communications shall also be deemed to have been “signed” and
to constitute an “original” when printed from electronic files or records
established and maintained in the regular course of business. If someone to
whom you have granted authority to use your Access Information exceeds such
authority, you, and not the Bank, shall be fully liable for all transactions
initiated by such individual.
If
you believe the security of your Access Information has been compromised in any
way, you must notify us immediately. We reserve the right, under certain
circumstances, to deny you access to any one or more Account(s), the Digital Services
or any part thereof, or to deny the processing of transactions if we reasonably
believe your Access Information has been compromised in any way or is being
used, or might be used, by any unauthorized person(s).
For
Business Customers, you agree to immediately notify us if a person with Access
Information leaves your company.
5. SYSTEM REQUIREMENTS
To access and use the Digital Services, you must have or have access to
equipment that meets these hardware and software requirements:
·
Access to a device (e.g., computer, smartphone,
mobile device, tablet, etc.) suitable for connecting to the internet, or
downloading our mobile apps with (i) an operating system, such as Windows, Mac
OS, iOS or Android, and (ii) a web browser, such as Internet Explorer®, Chrome®,
Safari® or Firefox®, that we support. Note: Certain older
web browsers may not be supported by BankUnited. If you are using an outdated
version, you may need to update it in order to access your eligible accounts
and/or eStatements via our Digital Services.
·
A connection to the internet through an internet or mobile service
provider;
·
Local electronic storage capacity to retain applicable disclosure
statements and agreements or a printer to print them;
·
A valid e-mail account and software to access it;
·
A program that enables you to accurately
view and display PDF files (such as Adobe® Reader). If you do not have Adobe
Reader you can download it at no charge from the following link: https://www.adobe.com/products/acrobat/readstep2.html (Note that by
clicking the link, you will be taken to a third-party site not managed by
BankUnited. As a result, different security or privacy practices may apply. We
do not endorse, recommend or guarantee any products or services contained at
the linked page);
·
Access to a device with a camera
function for mobile remote deposit capture purposes.
You acknowledge that we
may change these requirements from time to time. You further acknowledge that
there are certain security, corruption, transmission error and access
availability risks associated with using open networks, such as the internet,
and hereby expressly assume such risks. You further acknowledge that you are
responsible for the data security of the systems used by you to access the Digital
Services, and for the transmission and receipt of information using such
systems. You agree that the Bank is not responsible for any errors or problems
that may arise from the malfunction or failure of your computer, mobile device,
internet service provider or other systems, or any virus, worm, or other
problem that may enter your computer by downloading information or materials
from, or otherwise related to, your use of the Digital Services. You further
agree that the Bank is not responsible for notifying you of any upgrades, fixes
or enhancements to, or for providing technical support or other support for,
your systems.
6. HYPERLINKS
In connection with the Digital
Services, the Bank may provide you with a link ("Hyperlink") to a third-party
site. Such Hyperlinks are used at your own risk. We are not responsible for,
nor do we control, the content, products or services provided through these
sites. We do not endorse or guarantee the products, information or
recommendations provided by any such linked sites, and are not liable for any
failure of products or services advertised on such sites. We do not make any
representations or warranties of any kind, express or implied, as to the
operations conducted at such other third party sites, or the accuracy or
completeness of any information, content, materials or products included
thereat including, but not limited to, the warranties of non-infringement of
third party rights, title, merchantability and fitness for a particular
purpose.
7.
ELECTRONIC
MESSAGES AND OTHER COMMUNICATIONS
By enrolling in and
using the Digital Services you agree all notices and other communications primarily
related to your use of the Digital Services (including identity verification) or
activity on your Accounts may be sent electronically to any e-mail address we
have on file for you or, at our option, any other manner permitted by
applicable law.
As e-mail is not a
secure method of communication over the internet, we recommend that you do not use
email to send confidential information, such as account numbers, personal
information and financial information, or to initiate transactions on your
Accounts. We also recommend that you do not send confidential or personal
information to us in text messages. If
you want to contact us electronically, we recommend using the Message Center
function in the Digital Services which is a secure method of communication.
Please be advised that we will not immediately receive an electronic message
you send, and no action will be taken on any electronic message until we
actually receive your message and have had a reasonable opportunity to act on
it. If you need to contact us immediately, please call our Client Care Center
at (877) 779-BANK (2265).
Your enrollment in the Digital
Services may include access to security alerts and optional alerts and
communications about your Accounts and transactions. Security alerts are
provided to you for fraud protection and when certain important changes to your
account occur, such as password and username updates, or changes in your
physical or email address. These alerts are sent to your primary email address
and/or by text message to your mobile device number, if you have provided one
to us.
In addition to security
alerts you may have the option to receive additional notification or
communications regarding other Digital Services and account activity, delivered
by email or text message. (“Optional Notifications”). You may be asked to
select from contact options when you sign up for such Optional Notifications.
By signing up to receive any Optional Notifications, you consent to delivery of
such messages to the contact point you identify. You may
discontinue or reactivate Optional Notifications sent by text message or email by
editing the notification settings through the online or mobile banking channels.
In order to receive
security alerts or Optional notifications via text message, your mobile device
must be subscribed to a wireless service and must be able to receive text
messages. By providing us with a telephone number (including a
wireless/cellular, or mobile telephone number), you expressly consent to
receiving calls from us and our service providers at that number including
those made by use of an automatic telephone dialing system notwithstanding any
federal or state law, rule or regulation that would otherwise prevent us from
engaging in this activity without your consent.. 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 service providers.
These communications are
provided for your convenience and do not replace your monthly account
statements, which are the official record of your account. You understand and
agree that the information sent through a communication may not be encrypted
and may include personal or confidential information about you such as your
account activity or account status, and anyone with access to your e-mail or
mobile device may be able to access the contents of a communication.
Additionally, communications sent via telephone may be delivered to voice mail
or answering machines if no one answers the telephone. It is your
responsibility to secure your devices, protect your Access Information and
provide timely information about changes to your telephone number, e-mail
address or other method of delivery in order to protect the confidentiality of
this information.
We endeavor to provide communications
to you in a timely manner; however, we do not guarantee the delivery or
accuracy of any communication. Messages may be delayed or impacted by factors
pertaining to your communication service provider, internet service provider or
other third parties. You agree that neither we nor our service providers will be
liable for any delays, failure to deliver or misdirected delivery of any
communication, for any errors in the content of a communication, or for any
actions taken or not taken by you or any third party in reliance on a
communication.
We
reserve the right, at all times and at our discretion, to provide
communications in paper form, and the right to provide any information by paper
in addition to (or instead of) electronically despite your enrollment in the
Digital Banking Channels.
8. UPDATING YOUR CONTACT INFORMATION
It is your sole responsibility to ensure that your contact information
is current and accurate. This includes, but is not limited to, your name,
address, telephone numbers and email addresses. In the event that your contact
information is changed, you must notify us of such changes immediately by
updating your profile through the Digital Services or by contacting our Client
Care Center. For your protection and for security purposes, we will not accept
any request to change an e-mail address via e-mail. If you do not receive an
email and believe you should have, please sign into the Digital Services and
verify your email address. If you fail to update or change an incorrect email
address or other contact information, you understand and agree that any
messages, notifications or other communications shall nevertheless be deemed to
have been provided to you if they were made available to you in electronic form
through the Digital Services, emailed to
the email address we have for you in our records, or sent via text message to
your mobile device. The Bank is not
responsible for any payment processing errors or fees incurred if you do not
provide accurate contact or account information.
9.
OBTAINING
PAPER COPIES
This Agreement is provided to
you in electronic form only. We recommend that you print or download a copy of
this Agreement to retain for your permanent records. You can request a paper
copy of this Agreement through the Digital Services or by calling our Client
Care Center at (877) 779-BANK (2265). Ordinary copy fees, as disclosed in your
applicable Schedule of Fees, may apply.
10. DIGITAL SERVICES
A. TRANSFERS
You can use the Digital
Services to make: (i) Internal Transfers; (ii) External Transfers; and (iii)
person to person transfers. Internal Transfers, External Transfers and person
to person transfers are collectively referred to as Funds Transfers and the
services are collectively referred to as the Transfer Services.
I.
General Terms and Conditions Applicable to all Funds
Transfers
Transfers made using
the Digital Services are included in calculating the permissible number of
transfers permitted from certain accounts as described in the Other Agreements
governing your Account.
We reserve the right
to impose a frequency or dollar limit on transfers, or to refuse to make any
transfer, between certain accounts.
In case of errors or
questions about your Transfers please contact our Client Care Center at (877) 779-BANK (2265)
or write
to us at: BankUnited, N.A., P.O. Box 2050, Miami Lakes, FL 33016. Please refer
to your Other Agreements that outlines how errors and questions on electronic
funds transfers are processed.
Please
see the section of this Agreement titled IN CASE OF ERRORS AND QUESTIONS ON
YOUR ACCOUNTS for information regarding questions or errors about Funds
Transfers made through the Digital Services.
a)
Our Liability for Failure to Complete Transfers
If we do not complete a
transfer to or from your Account on time or in the correct amount according to
our Agreement with you, we will be liable for your actual losses or damages
only. However, there are some
exceptions. We will NOT be liable:
(i) if, through no fault of ours, you do not have enough money in your Account
to make the transfer; (ii) if circumstances beyond our control (such as, but
not limited to, fire, flood, windstorm, pandemic, failure of communication
services, national emergency, strikes, or other similar or dissimilar event)
prevent the transfer; or (iii) for any other reason stated elsewhere in this
Agreement. If we are ever obligated by law to pay interest on the amount of a
transfer, you will be paid interest on a daily basis equal to the current
annual percentage rate that is otherwise applicable to the account from which
the funds transfer should have occurred. In no event we will be responsible for
any incidental, indirect, special, punitive or consequential damages, court
costs or attorneys’ fees.
b)
Authorization to Charge Account
You authorize us to charge your designated account with us for all
transfers that you initiate through the Transfer Services. You agree that you
will have sufficient Available Funds in your From Account on the Send On date
to cover each Funds Transfer you schedule, plus any fees that may be associated
with such transfer. We may, but will not be obligated to, initiate any Funds
Transfer you may request unless there are sufficient Available Funds in your
account to cover the transfer on the Send On date. If we elect to initiate the
transaction, you shall remain liable for all amounts transferred in excess of
the Available Funds in the account plus all applicable service fees and
charges. If there are insufficient Available Funds, the transfer may be
rejected and we may, but are not obligated to, retry the transaction.
You agree that we may, in our sole discretion, process a Funds
Transfer request through any payment or funds transfer system we select
including, without limitation, FedWire, Clearing House Interbank Payments
System ("CHIPS"), or the Society for WorldWide Interbank Financial
Telecommunications (S.W.I.F.T.). All Funds Transfers initiated hereunder are
subject to the rules and guidelines of the National Automated Clearing House
Association ("NACHA") and the applicable automated clearinghouse
("ACH") in effect from time to time (collectively, the
"Rules"). You agree to be bound by the Rules. In accordance with the
Rules, any credit to your BankUnited account or External Account shall be
provisional until such credit has been finally settled by us or the financial
institution that holds your External Account, as the case may be. You further
acknowledge that if, for any reason, final settlement or credit is not
received, your BankUnited account or External Account may be charged back for
the amount of such transfer, together with any applicable fees or charges.
c)
Reliance By Bank
We may rely on the information you provide in making a Funds
Transfer. You understand and agree that any inaccuracy in any information
provided by you may result in an unintended transfer of funds. We shall have no
responsibility or liability for any information provided in connection with a
Funds Transfer request that is inaccurate, incomplete or otherwise incorrect.
We may rely on the account number and on any routing or identifying numbers
that identify the financial institution(s) holding your External Account even
if such numbers do not correspond to the name on the account or of the
financial institution and we have no responsibility to investigate such
discrepancies. You further agree that your obligation to pay the amount of a
Funds Transfer is not excused in such circumstances.
d)
Accounts with
Multiple Owners/Signatures
Each joint owner of an account has the full and independent
authority to use the Transfer Services as if they were the sole owner and
without the consent or notice to any other joint owner. Any requirement of
verifying multiple signatures if such a requirement exists does not apply to
any transfers made using the Transfer Services. You agree to release us from
any liability when making Funds Transfers from such accounts.
e)
Transfer
Representations and Warranties
By using the Transfer Services and with respect to each and every
request for a Funds Transfer, you represent and warrant as follows:
·
You are authorized to
initiate such request for a Funds Transfer and hereby authorize us to initiate
each Funds Transfer requested by you in the amount provided
·
Such authorization is
operative at all relevant times, including without limitation:
a. at the time you establish the
pre-authorization on the Digital Channel,
b. at the time you initiate a Funds Transfer, and
c. at the time of transmittal or debiting by us
as provided herein
·
Your Funds Transfer is
not prohibited as described hereinafter
·
You have the right to
authorize and permit Bank to access your accounts to effect funds transfers or
for any other purpose authorized by this Agreement and by disclosing to and
allowing Bank and its processing agents to use such information you are not
violating any third party rights
·
Bank is authorized to
use, copy, modify, display and distribute any information, data, materials or
other content that you provide in connection with the Funds Transfer Services
·
The information provided
by you to Bank is true, current, correct and complete
·
Bank is authorized to
use the information you submit to perform the Funds Transfer and to configure
the Transfer Services to be compatible with your accounts
·
You appoint Bank as your
agent with limited power of attorney to perform all necessary acts required in
connection with the Transfer Services including, accessing and retrieving
account information, verifying the content and authenticity of any funds
transfer instruction and effecting funds transfers
f)
Inconsistency of
Name, Account Number
You acknowledge and agree that, if a Funds Transfer request or
instruction describes the Receiver inconsistently by name or account number,
the Funds Transfer may be made by the receiving depository financial
institution on the basis of the account number supplied, even if it identifies
a person different from the named Recipient, and that your obligation to pay
the amount of the Funds Transfer to us is not excused in such circumstances.
g)
Our Right to
Review Transfers
As a sender of a Funds Transfer using the Transfer Services, you
acknowledge and agree that we may delay, cancel or reject a request to transfer
money and/or charge back the amount of such transfer to the Pay From account or
other account as we determine in our sole discretion or claim a refund from you
for such amount for various reasons including, fraud, duplicate payment,
incorrect amount or incorrect recipient.
II.
Internal Transfers
You may use the
Digital Services to transfer funds between your BankUnited checking, savings or
money market accounts (“Internal Transfers”). To make Internal Transfers, you
must have at least two eligible BankUnited accounts with us. There are no dollar limits or transfer
frequency limits for Internal Transfers between your own accounts. You may make Internal
Transfers up to the amount of available funds in the applicable BankUnited Account.
a) Initiating,
Scheduling, Processing, Cancelling or Modifying Internal Transfers
One-time Internal Transfers
may be made at any time and are immediately debited from a funding account's
available balance. Once submitted, a one-time Internal Transfer cannot be
canceled. Generally, one-time Internal
Transfer requests received before 4:00 pm ET on a Business Day will be posted
to your “To Account” the same Business Day. Internal Transfer requests received
on or after the designated cut-off time on a Business Day or on a non-Business
Day may not be processed until the next Business Day.
Future dated or recurring Internal Transfers will be debited from the
funding account on the Business Day requested. Future dated or recurring Internal
Transfers scheduled for a weekend or a non-Business Day will be debited from
the funding account on the next Business Day.
If you desire to cancel or modify a recurring
or future dated transfer you should do so through the Digital Services. If for
any reason you are unable to modify or cancel a recurring or future dated transfer
through the Digital Services, you may call our Client Care Center at (877)
779-BANK (2265). Please note that once a transfer is “In Process” you may no
longer cancel or modify it.
III. External Transfers
You may use the Digital Services to transfer
funds between your eligible BankUnited checking, savings or money market accounts
and certain deposit accounts at other U.S. financial institutions ("External
Transfer Services"). An “Inbound Transfer” moves funds into an account at
BankUnited from an account maintained at your other financial institution
(“External Account”). An “Outbound Transfer” moves funds from an account at
BankUnited to your External Account. Inbound Transfers and Outbound Transfers are
collectively referred to herein as External Transfers.
You will need to register each of your External
Accounts that you wish to use with the External Transfer Services. You agree that you
will only attempt to register External Accounts that you own or for which you
have the authority to transfer funds.
We may, but are not
obligated to, verify the External Accounts that you register for the External
Transfer Services from time to time through a variety of security measures to
establish your identity and ownership of such accounts. Such measures include,
but are not limited to, (i) the posing of a series of questions that must be
satisfactorily answered; (ii) the use of test transfers, in which one or more
low value payments will be both credited to and debited from your account. The
test credit will occur before the test debit and be of the same or lesser
amount so that the balance in any of your accounts will never be less than the
actual balance. Once the test transfers are completed, we may ask you to access
your account to tell us the amount of the test credit or debit or any
additional information reported by us with this test transfer; (iii) the entry
of information you ordinarily use to access the External Transfer Services or
Digital Services; and/or (iv) the submission by you of written proof of
ownership of the accounts. We reserve the right to reject any enrollment
request for any reason.
Other financial
institutions may have restrictions regarding the types of accounts that may be
eligible for registration in the External Transfer Services. It is your
responsibility to verify with your other financial institution(s) as to whether
there are any limitations or restrictions regarding transfers to or from any
External Account you enroll. We are not responsible for any direct, indirect,
special or consequential costs, losses, penalties, or other damages resulting
from transfers that are not permitted under restrictions of another financial
institution or by those imposed by applicable law.
h)
Initiating, Scheduling and Processing
of External Funds Transfers
Funds Transfers can be
scheduled on either a one-time or recurring basis. The recurring transfer
feature may be used when a set amount is transferred at regular intervals. For
example, you may schedule a $100 Inbound Transfer to your BankUnited account every
month.
Inbound Transfers will typically be posted to your Account on the
“Estimated Delivery” date, however the funds may not be available until the
third (3rd) Business Day following such date. For Outbound
Transfers, funds will typically be debited from your Account on the Business Day
following the day you direct us to initiate processing the transfer and should
arrive at your external financial institution on the “Estimated Delivery date.
Please consult your external financial institution for details on when funds
will post to your External Account.
The cut-off time for Funds Transfer requests is 4 p.m. E.T. on
Business Days, or such other cut-off time that may be established by the Bank
from time to time. Funds Transfer requests received after the cut-off time on a
Business Day or on a day that is not a Business Day may not be processed until
the following Business Day. Cut-off times reflect the times displayed on our
internal systems clocks and may not necessarily be synchronized with the
internal clock displayed on your computer. For this reason, we suggest that you
transmit your Funds Transfer requests to us sufficiently in advance of the cut-off
time to eliminate the possibility of missing the cut-off.
External Transfer requests are subject to the processing times of
the financial institution holding your External Account. You understand and
agree that at all times your relationship with each financial institution
holding your External Account is independent of your relationship with us and
your use of the External Transfer Services. We are not responsible for any
failure of another financial institution to act in a timely manner. As a
result, we cannot guarantee the timely delivery or return of funds as a result
of the failure of another financial institution to act in a timely manner.
It is your responsibility to ensure that
the External Account number you enter is valid and correct. External Transfers
sent to invalid or incorrect account numbers may not be recoverable. If you
provide an invalid or incorrect External Account number, we will NOT be
responsible for returning funds due to an unrecoverable External Transfer.
We may honor but are
not required to honor Outbound Transfers in excess of the collected and
available funds in your Account. If your Account has insufficient funds to
cover an Outbound Transfer, we may, at our sole discretion: (i) honor the funds
transfer under the terms of any BankUnited overdraft protection plan you have
established; (ii) honor the funds transfer and create an overdraft in your Account;
(iii) hold balances in your other Accounts until the overdraft is paid; (iv) refuse
to honor the funds transfer; or (v) cancel any and all Outbound Transfers to
any and all External Accounts.
i)
Transfer Limits
For security purposes, we may establish
daily and monthly limits on the amount of External Transfers that can be made
through the Digital Services. These limits may vary depending on many factors
including your transfer history and the length of your relationship with us,
and we reserve the right, in our sole discretion, to change these limits at any
time as we continually evaluate these factors. Any decrease in these limits will be subject to notice, as required by
law, but you agree that we may reduce your limits without prior notice upon the
occurrence of one or more of the following events:
·
Any of
your deposit accounts with BankUnited are not current or are not in good
standing.
·
You have
had an overdraft, an over-limit item, or an item returned for insufficient
funds with respect to any BankUnited account during the current or three (3)
prior calendar months.
·
You have
had any prior transfer canceled, revoked or not completed due to insufficient
funds, revoked authorization, stopped payments, frozen accounts or any similar
reason.
Subject
to the foregoing, External Transfers generally may be made in amounts up to a
maximum of $10,000 per day and up to $30,000 per month. The applicable limit
will be applied at the time of transfer. These daily and monthly limits apply
to the total amount of External Transfers for all Accounts linked to your user
profile. You may not make any Funds Transfers in excess of these limits. An
External Transfer initiated on a day that is not a Business Day will count
toward the applicable limit for the next Business Day.
j) Modifying or Cancelling Transfers
If you desire to cancel or modify an External Transfer you should
do so through the Digital Services. If for any reason you are unable to modify
or cancel a transfer through the Digital Services, you may call our Client Care
Center at (877) 779-BANK (2265). If you call, we may also require that you put
your request in writing Please note however, that once an External Transfer is “In
Process” you may no longer cancel or modify it.
IV. Person to Person Transfers
a) Description of
Service
The PayItNow™Payment Service, also known
as PIN Payment (“PIN Payment Service”) enables you to transfer money between
you and other users by using aliases such as email addresses and mobile phone
numbers (U.S. phone numbers only). THE PIN PAYMENT SERVICE
IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD
NOT USE THE PIN PAYMENT SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE
NOT FAMILIAR OR YOU DO NOT TRUST. All PIN Payment Instructions must be
initiated through the Digital Services and are subject to the terms of this
Agreement and applicable laws and regulations, in each case as in effect from
time to time. The
Pin Payment Service is also subject to which functions are from time to time
enabled in or removed from the PIN Payment Service section of your Digital
Service. Certain functions may appear in only the web or only the mobile app
interface of the Digital Service. The PIN Payment Service may not enable every
feature that our service providers make available, even if the feature is
identified in this Agreement.
Once
enrolled, you may: (i) authorize a debit of your account to send money to
another User either at your initiation or at the request of that User; and (ii)
receive money from another User either at that User’s initiation or at your
request, subject to any and all conditions set forth in this Agreement.
b) Payment Authorization
and Remittance:
By enrolling and providing us
with the names and mobile phone numbers and/or email addresses of the recipient
to whom you wish to direct payments (“Recipient”), you authorize us to debit
your BankUnited Account and remit the funds to the Recipient on your behalf (“PIN
Payment Instruction”). You also authorize us to credit your Account for
payments returned to us because the processing of your PIN Payment Instruction
could not be completed. We will use reasonable efforts to complete all your PIN 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:
i.
If, there are not sufficient funds in your BankUnited Account or if
completing the PIN Payment Instruction would create an overdraft in your
Account in excess of any applicable overdraft limits;
ii.
The PIN Payment Service is not working properly, and you know or have
been advised by us about the malfunction before you execute the PIN Payment
Instruction;
iii.
The payment is refused or returned by the Recipient or the Recipient's financial
institution;
iv.
You have not provided us with the correct information, including but not
limited to the correct PIN Payment Instruction or account information, or the
correct name, mobile phone number or email address of the Recipient; and/or
v.
Circumstances beyond our control (such as, but not limited to, fire,
flood, network or system downtime, issues with the financial institution or
interference from an outside force) which prevent the proper execution of the
PIN Payment Instruction.
It is your responsibility to ensure the
accuracy of any information entered into the PIN Payment Service (including but
not limited to the PIN Payment Instructions and name, mobile phone number
and/or email address for the Receiver to whom you are attempting to send the
PIN Payment Instruction), and for informing us as soon as possible if you
become aware that this information is inaccurate. 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 Recipient.
You agree that your authorization provided
through the Digital Channel is conclusive evidence that with regard to each PIN
Payment, you authorize and are empowered to authorize us to submit the PIN
Payments on your behalf.
c)
Transfer Limits and Cut-Off Times
For
security purposes, we may establish daily and monthly limits on the amount of
PIN Payments that can be made through the Digital Services. These limits may
vary depending on many factors including your transfer history and the length
of your relationship with us, and we reserve the right, in our sole discretion,
to change these limits at any time as we continually evaluate these factors. Any
decrease in these limits will be subject to notice, as required by law, but you
agree that we may reduce your limits without prior notice upon the occurrence
of one or more of the following events:
·
Any of
your deposit accounts with BankUnited are not current or are not in good
standing.
·
You have
had an overdraft, an over-limit item, or an item returned for insufficient
funds with respect to any BankUnited account during the current or three (3)
prior calendar months.
·
You have
had any prior transfer canceled, revoked or not completed due to insufficient
funds, revoked authorization, stopped payments, frozen accounts or any similar
reason.
Subject to the foregoing, PIN
Payments generally may be made in amounts up to a maximum of $2,500 per day and
up to $12,000 per month. The applicable limit will be applied at the time of
transfer. These daily and monthly limits apply to the total amount of PIN
Payments for all Accounts linked to your user profile. You may not make any PIN
Payments in excess of these limits. An PIN Payment initiated on a day that is
not a Business Day will count toward the applicable limit for the next Business
Day.
The cut-off time for PIN Payment requests is 4 p.m. E.T. on
Business Days, or such other cut-off time that may be established by the Bank
from time to time. PIN Payment requests received after the cut-off time on a
Business Day or on a day that is not a Business Day may not be processed until
the following Business Day. Cut-off times reflect the times displayed on our
internal systems clocks and may not necessarily be synchronized with the
internal clock displayed on your computer. For this reason, we suggest that you
transmit your PIN Payment requests to us sufficiently in advance of the cut-off
time to eliminate the possibility of missing the cut-off.
d)
Prohibited Payments
The following types of payments are
prohibited through the PIN Payment Service (“Prohibited Payments”), and we have
the right but not the obligation to monitor for, block, cancel and/or reverse
such payments:
i.
Payments to persons or entities located
in prohibited territories (including any territory outside of the United
States);
ii.
Payments that violate any law, statute,
ordinance or regulation;
iii.
Payments related to: (1) tobacco
products, (2) prescription drugs and devices; (3) narcotics, steroids,
controlled substances or other products that present a risk to consumer safety;
(4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related
accessories; (6) weapons or knives regulated under applicable law; (7) goods or
services that encourage, promote, facilitate or instruct others to engage in
illegal activity; (8) goods or services that are sexually oriented; (9) goods
or services that promote hate, violence, racial intolerance, or the financial
exploitation of a crime; (10) goods or services that defame, abuse, harass or
threaten others; (11) goods or services that include any language or images
that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or
discourteous; (12) goods or services that advertise or sell to, or solicit
others; or (13) 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;
iv.
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 greyhound racing, lottery
tickets, other ventures that facilitate gambling, games of skill (whether or
not it is legally defined as a lottery) and sweepstakes;
v.
Payments relating to transactions that
(1) support pyramid or Ponzi schemes, matrix programs, other "get rich
quick" schemes or multi-level marketing programs, (2) 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, (3) are for the sale of items before the seller has control or
possession of the item, (4) constitute money-laundering or terrorist financing;
(5) 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 (6) provide credit repair or debt settlement
services;
vi.
Tax payments and court ordered payments
including but not limited to alimony and child support.
vii.
Payments that involve donations or payments
to any charity or non-profit organization unless we have performed appropriate
due diligence on and investigation of such charity or non-profit organization
and have determined its legitimacy, in our sole discretion.
In no event shall we or our service providers be liable for any claims
or damages resulting from your scheduling of any Prohibited Payments. We have
no obligation to research or resolve any claim resulting from a Prohibited Payment.
B. BILL PAYMENT SERVICES
a) General Terms
Applicable to Bill Payment Services
You may use our Bill Payment Services to make
one-time or recurring payments from your designated BankUnited account to
individuals or companies with a valid U.S. address (“Payees”) as set forth in
these Terms and Conditions.
By using our Bill Payment Services you
authorize us to process the transactions permitted under these Terms and
Conditions as requested by you from time to time, and to post transactions to
your account as directed. You may request a payment be delivered one time, or
on an automatic recurring basis. We reserve the right to refuse payment to any
Payee to which you may direct a payment. We will notify you if we decide to
refuse to pay a Payee designated by you.
This notification is not required, however, if you attempt to make a
payment under the section of this Agreement titled “Prohibited Payments”.
Notwithstanding the foregoing, you understand
and agree that Bill Payments can only be processed on Business Days.
b) Bill Payment Authorization
and Payment Remittance
By
providing us with names and account information of Payees to whom you wish to
direct payments, you authorize us to follow your bill payment instructions
(“Bill Payment Instructions”). In order to process payments more efficiently
and effectively, we may edit or alter payment data or data formats in
accordance with instructions we receive from your Payees.
Our receipt of your Bill Payment Instructions
authorizes us to debit the account you have designated for your bill payments
(“Bill Payment Account”) and remit funds on your behalf to the intended Payee
to allow the funds to arrive at the Payee’s location as near as reasonably
possible to the scheduled payment date (“Send Date”). You also authorize us to
credit your Billing Account for payments returned to us by the United States
Postal Service or any Payee. You further authorize us to debit your Bill
Payment Account for such bill payments as well as any and all fees that may be
incurred in connection with your use of the Bill Payment Services. All payments
and fees incurred through the use of the Bill Payment Services will appear on
the statement for your respective account(s).
You
acknowledge and agree that we do not have any duty to monitor the payments that
are made through the Bill Payment Services. You further understand and agree
that you assume the entire risk of loss if an Authorized Person uses your Bill
Payment Account to pay bills which are not yours and you agree to indemnify and
hold us and our directors, employees, officers, servicers, agents, successors
and assigns from all loss, liability, claims, demands, judgments and expenses
(including attorney's fees) arising out of or in any way connected with such
use.
To
use the Bill Payment Services you must provide sufficient information for us to
properly identify your Payees, direct your payment and permit the Payee to
identify you as the payment source upon receipt of a payment. You must complete
all required fields with accurate information, as directed by the Bill Payment
Services screen messages. By providing us with the names and account
information of those Payees to whom you wish us to direct payment, you
authorize us to follow the Payment Instructions we receive through the Bill
Payment Services. You further authorize us to update or change any of your
Payee information as requested or provided by your Payee. In order to process
payments more efficiently and effectively, we may edit or alter payment data or
data formats in accordance with instructions we receive from your designated
Payees.
We
shall use reasonable efforts to make all your payments properly, however, we
shall incur no liability, and any Service Guarantee shall be void, if we are
unable to complete any payments initiated by you because of the existence of
any one or more of the circumstances set forth in the Service Guarantee section
of these Terms and Conditions.
Provided
none of the foregoing exceptions are applicable, if we cause an incorrect
amount of funds to be removed from your Bill Payment Account or cause funds
from your Bill Payment Account to be directed to a Payee which does not comply
with your Payment Instructions, we shall be responsible for returning the
improperly transferred funds to your Bill Payment Account, and for directing to
the proper Payee any previously misdirected transactions, and, if applicable,
we shall reimburse you for any late payment related charges you have incurred.
Please see the section of this Agreement titled
IN CASE OF ERRORS AND QUESTIONS ON YOUR ACCOUNTS for information
regarding questions or errors about bill payments made through the Digital
Services.
EXCEPT
AS OTHERWISE SPECIFICALLY PROVIDED FOR HEREIN, WE SHALL NOT BE RESPONSIBLE FOR
ANY CHARGES IMPOSED, OR ANY OTHER ACTION, BY A PAYEE RESULTING FROM A LATE
PAYMENT, INCLUDING ANY APPLICABLE FINANCE CHARGES AND/OR LATE FEES ASSESSED BY
ANY OF YOUR PAYEES.
c) Payment
Scheduling
When
you are setting up your Bill Payment Instructions, the Bill Payment Service
will indicate the earliest possible Send Date for each Payee. You will not be
able to select a Send Date prior to this earliest possible date. When scheduling
payments, you must select a Send Date that is no later than the actual due date
reflected on your Payee statement unless the due date falls on a non-Business
Day. If the actual due date falls on a non-Business Day, you must select a Send
Date that is at least one (1) Business Day before the actual due date. Send
Dates must be prior to any late date or grace period. Payments cannot be
scheduled more than 365 days in advance.
We
reserve the right to select the method by which to remit funds to your Payees.
We may remit payments on your behalf to your Payees by paper check, electronic
funds transfer or by other means. The date your Bill Payment Account will be
debited will vary depending on the payment method. Depending on the method of
payment, your Billing Account may be debited prior to the Send Date. For
example, if the selected method of payment is a draft, and the draft arrives
earlier than the Send Date due to expedited delivery by the postal service, and
the Payee immediately deposits the draft, your Billing Account may be debited
earlier than the Send Date.
You
agree to have sufficient collected and available funds in your Bill Payment
Account on the Send Date for transactions you schedule. We will not be
obligated to follow any Payment Instructions unless and until there are
sufficient collected and available funds in your Bill Payment Account. You
understand that if at the time funds are to be debited from your Bill Payment
Account, there are insufficient funds, and we pay the bill, you are responsible
for reimbursing us for the amount of the bill, along with any additional fees
in accordance with the applicable Fee Schedule. You further understand that any
and all payments by BankUnited in these circumstances are purely at our
discretion and that the payment by BankUnited of any bills under these
circumstances in no way obligates us to pay the same or similar bills in the
future.
d) Dollar
Limits
For
security purposes, we may establish daily and monthly limits on the amount of Bill
Payments that can be made through the Digital Services. These limits may vary
depending on many factors including your transfer history and the length of
your relationship with us, and we reserve the right, in our sole discretion, to
change these limits at any time as we continually evaluate these factors. Any
decrease in these limits will be subject to notice, as required by law, but you
agree that we may reduce your limits without prior notice upon the occurrence
of one or more of the following events:
·
Any of your deposit accounts with
BankUnited are not current or are not in good standing.
·
You have had an overdraft, an over-limit
item, or an item returned for insufficient funds with respect to any BankUnited
account during the current or three (3) prior calendar months.
·
You have had any prior transfer
canceled, revoked or not completed due to insufficient funds, revoked
authorization, stopped payments, frozen accounts or any similar reason.
Subject
to the foregoing, generally, there is a $500,000 daily and monthly limit on the
amount of Bill Payments. The applicable limit will be applied at the time of
transfer. These daily and monthly limits apply to the total amount of Bill
Payments for all Accounts linked to your user profile. You may not make any Bill
Payments in excess of these limits. A Bill Payment initiated on a day that is
not a Business Day will count toward the applicable limit for the next Business
Day.
e) Online
Bill Pay Service Guarantee
Due
to circumstances beyond our control, including, without limitation, delays in
handling and posting payments by Payees or financial institutions, you
understand that some transactions may take longer than expected to be credited
to your Payee account. You understand that we will bear responsibility for any
late payment related charges which have not been waived by the Payee, up to a
maximum of $50.00, should a payment post after its Due Date as long as the
payment was scheduled in accordance with the guidelines described under the
Payment Scheduling section of these Terms and Conditions, the payment is not
either an Exception Payment or a Prohibited Payment, and you otherwise comply with this Agreement.
In no event shall we be liable in any
way for any failure or delay in completing any transaction if:
f) Payment
Cancellation Requests
You may use the Bill Payment Services to cancel
or edit a Scheduled Payment (including recurring payments). There is no charge
for canceling or editing a Scheduled Payment prior to such payment being
processed by us. You acknowledge and agree that once we have begun to process a
Bill Payment it cannot be cancelled or edited. In such event, you must submit a
stop payment request to us.
g) Stop
Payment Requests
You acknowledge and understand that our ability
to process a stop payment request will depend on the payment method and whether
or not a payment has cleared your Bill Payment Account. You understand that we
may not have a reasonable opportunity to act on any stop payment request after
a payment has been processed. If you desire to stop any payment that has
already been processed, but not yet cleared, you must contact our Client Care
Center at (877) 779-BANK (2265). You further understand that although we will
make every effort to accommodate your stop payment 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 for such service as set out in our applicable fee
schedule.
h) Prohibited
Payments
Payments to Payees outside of the United States
or its territories are prohibited. Additionally, any single or aggregate
payments in a single day greater than $1,000,000 or payments otherwise
prohibited by law cannot be scheduled. Prohibited Payments include, but are not
limited to, the following types of payments and we have the right but not the
obligation to monitor for, block, cancel and/or reverse such payments: (a)
payments to or from persons or entities located in prohibited territories
(including any territory outside of the United States); (b) payments that
violate any law, statute, ordinance or regulation, (c) payments related to: (i)
tobacco products, (ii) prescription drugs and services, (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, (vii) goods or services that are
sexually oriented, (viii) goods or services that promote hate, violence, racial
intolerance or the financial exploitation of a crime, (viii) goods or services that defame, abuse, harass,
or threaten others, (ix) goods or services that include any language or images
that are bigoted, hateful, racially offensive, vulgar, obscene, or indecent, or
(x) 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; (c) payments that violate any law, statute, ordinance or regulation;
(d) payments related to gambling, gaming and/or any other activity with an
entry fee and a prize including, without limitation, 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; (e) 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, off-shore banking or transactions to finance or refinance
debts funded by a credit card, (iii) constitute money-laundering or terrorist
financing, (iv) are associated with money services business activities such as
the sale of traveler’s checks or money orders, currency dealers or exchanges or
check cashing, or (iv) provider credit repair or debt settlement services; and
(f) payments that involve donations or payments to an unauthorized charity or
non-profit organization. In no event shall we 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 payment will be your sole responsibility.
i) Exception
Payments
Exception Payments (e.g. tax payments and court
ordered payments) may be scheduled through the Service, however such payments
are discouraged and must be scheduled at your own risk. In no event shall we be
liable for any claims or damages resulting from your scheduling of these types
of payments. The Service Guarantee as it applies to any late payment related
changes is void when these types of payments are scheduled and/or processed
through the Bill Payment Services. We have no obligation to research or resolve
any claim resulting from your scheduling one of these types of payments. All
research and resolution for any misapplied, mis-posted or misdirected payments
will be your sole responsibility.
j) Electronic
Bill Delivery and Presentment
This feature permits you to receive electronic
bills from participating Payees. A separate registration is required for each
participating Payee. If you elect to activate the electronic bill service
option, you agree to the following:
Upon activation of the electronic bill feature,
the Bill Payment Services may notify the Payee of your request to receive
electronic billing information. You understand that it is in the Payee's sole
discretion as to whether to accept or decline your request. The presentment of
your first electronic bill may vary from Payee to Payee and may take up to
sixty (60) days, depending on the billing cycle of each Payee. While your
electronic bill feature is being activated it is your responsibility to keep
your accounts current. When you elect to receive electronic bills from a Payee
you may be presented with terms from that Payee for your acceptance. We are not a party to such terms. Additionally,
the ability to receive a paper copy of your statement(s) is at the sole
discretion of the Payee. Check with the individual Payee regarding your ability
to obtain paper copies of electronic bills on a regular or as-requested basis.
Your activation of the electronic bill feature
for a Payee shall be deemed by us to be your authorization for us to obtain
bill data from the Payee on your behalf. For some Payees, you will be asked to
provide us with your username and password for that Payee. By providing us with
such information, you authorize us to use the information to obtain your bill
data.
You understand that the Bill Payment Services
are unable to update or change your personal information such as, but not
limited to, name, address, phone numbers and e-mail addresses, with the
electronic Payee. Any changes will need to be made by contacting the Payee
directly. Additionally, it is your responsibility to maintain all usernames and
passwords for all electronic Payee sites. You also agree not to use someone
else's information to gain unauthorized access to another person's bill. The
Bill Payment Services may, at the request of the Payee, provide to the Payee
your e-mail address, service address, or other data specifically requested by the
Payee at the time of activating the electronic bill for that Payee, for
purposes of the Payee informing you about service and/or bill information.
You
understand that presentment of electronic bills is dependent upon delivery of
your billing information from the Payee. In addition to notification within the
Bill Payment Services, we may send an e-mail notification to the e-mail address
listed for your account. It is your sole responsibility to ensure that this
information is accurate. In the event you do not receive notification, it is
your responsibility to periodically logon to the Bill Payment Services and
check on the delivery of new electronic bills. The time for notification may
vary from Payee to Payee. You are solely responsible for ensuring timely
payment of all bills.
You acknowledge that a Payee reserves the right
to cancel the presentment of electronic bills at any time. You may cancel
electronic bill presentment at any time. The timeframe for cancellation of your
electronic bill presentment may vary from Payee to Payee. It may take up to
sixty (60) days, depending on the billing cycle of each Payee to process your
request. The Bill Payment Services will notify your electronic Payee(s) as to
the change in status of your account and it is your sole responsibility to make
arrangements for an alternative form of bill delivery. We will not be
responsible for presenting any electronic bills that are already in process at
the time of cancellation.
You agree to hold us harmless should the Payee
fail to deliver your electronic bill statement(s). You are responsible for
ensuring timely payment of all bills. If you do not receive an electronic bill,
it is your sole responsibility to contact the Payee directly. Copies of
previously delivered bills must be requested from the Payee directly.
We are not responsible for the accuracy of your
electronic bill(s). We are only responsible for presenting the information we
receive from the Payee. Any discrepancies or disputes regarding the accuracy of
your electronic bill summary or detail must be addressed with the Payee
directly.
This Agreement does not alter your liability or
obligations that currently exist between you and your Payees.
k)
Service Fees and
Additional Charges
You
agree to pay any applicable fees and charges that may be assessed in connection
with the Bill Payment Services. You acknowledge and agree that there may be a
charge for additional or other optional services (i.e. if you request a stop
payment order) you may request in connection with your use of the Bill Payment
Services. You authorize us to deduct the amount of any Bill Payment fees,
together with any applicable transaction fees and charges from your designated
Billing Account, or in the event that such designated Billing Account lacks
sufficient funds, from any of your other accounts maintained with us. Fees are
subject to change and we may impose additional fees or charges in connection
with your use of the Bill Payment Services at any time, subject to the
provisions hereof. Additionally, 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.
l)
Failed or Returned
Transactions
By
using the Bill Payment Services, you are requesting us to make payments for you
from your Bill Payment Account. If we are unable to complete the transaction
for any reason associated with your Bill Payment Account (for example, there
are insufficient funds in your Bill Payment Account to cover the transaction),
the transaction may not be completed. In some instances, you will receive a return
notice from the Bill Payment Services. We and our service provider are
authorized to report the facts concerning the return to any credit reporting
agency,
m)
Bill Payment Service
Termination, Cancellation, or Suspension
In
the event you wish to cancel your Bill Payment Services, you may do so through
the Bill Payment Services, or you may contact Client Care Center via one of the
following methods:
1.
Contact us at (877) 779-BANK (2265);
and/or
2. Writing
us at: BankUnited, N.A.
P.O. Box 2050
Miami Lakes, FL
33016
Any
payment(s) that has already processed before the requested cancellation date
will be completed. All Scheduled Payments including recurring payments will not
be processed once the Bill Payment Services are cancelled. We reserve the right
to terminate or suspend the Bill Payment Services at any time. Neither
termination nor suspension shall affect your liability or obligations under
these Terms and Conditions.
n) Returned
Payments
You
understand that Payees and/or the United States Postal Service may return
payments to us for various reasons such as, but not limited to, Payee's
forwarding address expired; Payee account number is not valid; Payee is unable
to locate account; or Payee account is paid in full. In the event that a Bill
Payment is returned, you authorize us to research and correct the returned
payment and resubmit it to your Payee, or void the payment and credit your Bill
Payment Account, in our discretion.
o)
Information Authorization
Your
use of the Bill Payment Service may not be allowed if the Bill Payment Service
cannot verify your identity or other necessary information. In order to verify
ownership of the Bill Payment Account(s) and/or Billing Account, the Bill Payment
Service may issue offsetting debits and credits to the Payment Account(s)
and/or Billing Account and require confirmation of such from you. (This text
may be removed for Clients who do not offer this functionality.) Through your
use of the Bill Payment Service, you agree that the Bill Payment Service
reserves the right to request a review of your credit rating at its own expense
through an authorized bureau. In addition, you agree that the Bill Payment
Service reserves the right to obtain financial information regarding your
account from a Payee or your financial institution (for example, to resolve
payment posting problems or for verification).
p)
Accounts
with Multiple Owners/Signatures
Each joint owner of an account has the full and independent authority to use the Bill Pay Services as if they were the sole owner and without the consent or notice to any other joint owner. Any requirement of verifying multiple signatures if such a requirement exists does not apply to any transfers made using the Bill Pay Services. You agree to release us from any liability when making Funds Transfers from such accounts.
C. MOBILE DEPOSIT SERVICE
a)
Description
of Service
Our
Mobile Deposit Service allows you to make single item deposits electronically to
your checking, savings or money market accounts by using a supported mobile
device with a camera to create an image of a paper check and transmit it and
the related deposit information to us using the BankUnited Mobile App. Except
as expressly set forth in these Terms and Conditions, deposits made through the
Mobile Deposit Service are subject to all limitations and terms set forth in
the applicable account documentation governing your Account (as it may be modified
from time to time) including, but not limited to, those related to deposit,
acceptance, crediting, collection, endorsement, processing order and errors.
b)
Service
Requirements
Use
of the Mobile Deposit Service requires that you have (i) an internet enabled
mobile telephone, computer, tablet or other device with a camera that has the
ability to capture images of sufficient quality in order to complete a deposit,
(ii) enrolled in our Digital Services, and (iii) downloaded the latest version
of our Mobile Banking App. You are responsible for all costs of using our Mobile
Deposit Service and operating your device, including any cellular and internet
service charges. The Bank is
not responsible for any third-party software that you may need to use the
Mobile Deposit Service. Any such software is accepted by you as is and is
subject to the terms and conditions of the software agreement you enter into
directly with the third-party software provider at time of download and
installation.
c)
Eligible
Items for the Service
You
agree to scan and transmit only “checks” as that term is defined in the Federal
Reserve Regulation CC (“Reg. CC”) and only those checks that are permissible
under this Agreement or such other items as we, in our sole discretion, elect
to include in the Mobile Deposit Service. You agree that the image of the check
transmitted to us shall be deemed an “item” within the meaning of Articles 3
and 4 of the applicable 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 or entity other than the person or entity that owns the
account that the check is being deposited into
·
checks
containing an alteration on the front of the check or item (including the MICR
line), or which 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 or
item is drawn
·
checks
payable jointly unless deposited into an account in the name of all payees
·
checks drawn on
the account into which the check is being deposited
·
checks
previously converted to a substitute check as defined in Reg. CC
·
checks
drawn on a financial institution located outside the United States
·
checks
that are remotely created checks, as defined in Reg. CC
·
checks
not payable in United States currency
·
checks
dated more than 6 months prior to the date of deposit
·
checks
that have previously been submitted through the Mobile Deposit Service or
through a remote deposit capture service offered at any other financial
institution
·
traveler’s
checks, money orders or savings bonds
·
checks
payable on sight or payable through drafts, as defined in Reg. CC
·
checks
prohibited by the Bank’s current procedures relating to the Mobile Deposit
Service or which are otherwise not acceptable under the terms of the Other
Agreements.
d)
Image
Quality
All
images you transmit to us using the Mobile Deposit Service must be legible.
Without limiting the foregoing, the image quality of the items must comply with
the standards established from time to time by the Bank, the American National
Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board
or any other regulatory agency, clearinghouse or association. You agree that
the Bank shall not be liable for any damages resulting from an item’s poor
image quality including, without limitation, those related to rejection of, or
the delayed or improper crediting of, such a check, or from any inaccurate
information you supply regarding the check.
e)
Endorsements
and Processing
You
agree to restrictively endorse any item transmitted through the Mobile Deposit
Service as “For Mobile Deposit Only at BankUnited, account #___________” or as
otherwise instructed by the Bank. After
an item has been scanned and submitted for deposit, you shall not otherwise
transfer or negotiate the original item, substitute check or any other image
thereof. You agree to promptly supply any information in your possession that
we request regarding an item deposited or attempted to be deposited through the
Mobile Deposit Service including the original item. You agree to follow any and
all other procedures and instructions for use of the Mobile Deposit Service as
the Bank may establish from time to time.
f)
Receipt
of Items
We
reserve the right to reject any item transmitted through the Mobile Deposit
Service, at our discretion, without liability to you even if such action causes
outstanding checks or other debits to your Account to be dishonored and returned.
We are not responsible for items that we do not receive or for images that are
dropped during transmission. An image of an item shall be deemed received when
you receive a confirmation from the Bank that we have received the image.
Receipt of such confirmation does not mean that the transmission was error
free, complete, or will be considered a deposit and credited to your Account.
If there is a discrepancy between the entered and confirmed amount and the
amount on the scanned image, we will credit the account based on the scanned
image. If the image transmitted to us does not comply with our requirements for
content and/or format, we may, in our sole discretion: (i) further transmit the
image and data in the form received from you; (ii) repair or attempt to repair
the image or data and then further transmit; (iii) process the item as
photocopies in lieu of originals; or (iv) return the image and data to you
unprocessed and chargeback your account.
g)
Retention
of Original Items
Once
an item has been credited to your account, you must mark the original item on
the front as “Deposited and the Date”. You agree to retain the original item
for at least sixty (60) days from the date of the image transmission. During
this sixty (60) day period you must store the original paper item securely
using precautions at least as secure as those you would use to protect a blank
check. During this sixty (60) day period, you agree to promptly provide the
original item to the Bank upon request. After sixty (60) days, you agree to
destroy the original item, mark it “VOID”, or otherwise render it incapable of
further transmission, deposit or presentment.
h)
Chargebacks
We
reserve the right to chargeback your account, or any other deposit account you
maintain with us, at any time, for any item that is: (i) rejected by us for any
reason including, without limitation, an item that we believe is not an
eligible item, or has been previously submitted or deposited with us or with
another financial institution, or (ii) returned to us. We can also charge fees
connected to the chargeback as described in your Other Agreements with us. You
agree that we are not liable for any loss, costs or fees you may incur as a
result of our chargeback of an item.
i)
Deposit
Limits
We
may establish limits on the dollar amount and/or number of items or deposits
that you can transmit using the Mobile Deposit Service from time to time. We
can modify these limits and add other limits at any time at our sole
discretion. Your limits will be displayed within the Mobile Deposit Service
prior to each deposit. If you attempt to initiate a transmission in excess of
these limits, we may reject your deposit without liability hereunder. If we
permit you to make a deposit in excess of these limits, such deposit will still
be subject to the terms of this Agreement, and we will not be obligated or
required to allow such a deposit at other times.
j)
Funds
Availability
The
funds availability requirements of Reg. CC do not apply when you transmit
electronic images of items to us. In
general, if an image of an item you transmit through the Mobile Deposit Service
is received and accepted before 5:00 p.m. ET on a business day that we are
open, we will consider that day to be the day of deposit. If an image is
received and accepted after 5:00 p.m. ET on a business day that we are open or
on a non-business day, we will consider the deposit to be made on the next
business day we are open. Funds from
deposits made using the Mobile Deposit Service will generally be made available
in accordance with the time frames set forth in our Funds Availability Policy.
We, however, may apply additional delays on the availability of funds based on
any other factors as determined by us in our sole discretion. We will generally
notify you if we delay your ability to withdraw or transfer funds and will
attempt to tell you when such funds will be available.
k)
Presentment
The
manner in which the items are cleared, presented for payment and collected
shall be in our sole discretion subject to the terms of the Depositor’s
Agreement governing your account with us.
l)
Fees
Currently
there is no charge for the Mobile Deposit Service. We may, upon at least thirty
(30) days prior notice to you, to the extent permitted by applicable law,
charge a fee for use of the Mobile Deposit Service. If you continue to use the
Mobile Deposit Service after the fee becomes effective you agree to pay the
service fee that has been disclosed to you, as amended from time to time. You
authorize the Bank to deduct such fees from any account you maintain with us.
m)
Your
Responsibilities and Promises to Us
You
represent and warrant to the Bank that:
·
You will only transmit
eligible items through the Mobile Deposit Service.
·
Any image we receive
accurately and legibly represents all of the information on the front and back
of the original item as originally drawn.
·
The item has not been
previously submitted or deposited with us or with another financial
institution.
·
You will not re-deposit
or re-present the original item unless we advise you otherwise.
·
All information you
provide to us in connection with the transmission of an item through the Mobile
Deposit Service is accurate, true and complete.
·
You will comply with
this Agreement and all laws, rules and regulations applicable to your use of
the Mobile Deposit Service and not use the Mobile Deposit Service for any
purpose prohibited by law.
·
You will employ
commercially reasonable security measures and firewalls sufficient to protect
transmissions and storage to ensure no unauthorized access or duplicate
presentment.
·
You are not aware of
any factor which may impair the collectability of the item.
n)
Errors
in Transmission
When
using the Mobile Deposit Service, you may experience technical or other
difficulties including without limitation, that an item may be intercepted or
misdirected during transmission. We cannot assume responsibility for any
technical or other difficulties or any resulting damages that you may incur. You acknowledge that the Mobile
Deposit Service is provided to you ‘as is’ and your use is at your own risk.
o)
Service
Changes and Discontinuance
We
may modify, add or remove features from, discontinue, or suspend the Mobile
Deposit Service at any time in our sole discretion, with or without notice, and
without liability to you. Your use of the Mobile Deposit Service is subject to
and conditioned upon your complete compliance with this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, you may
not use the Mobile Deposit Service (i) in any anti-competitive manner, (ii) for
any purpose which would be contrary to the Bank’s business interest, or (iii)
to the Bank’s actual or potential economic disadvantage in any aspect. We reserve the right, subject to applicable
law and regulation, to terminate your right to use the Mobile Deposit Service
at any time and for any reason including, without limitation, if we, in our
sole discretion, believe that you have engaged in conduct or activities that
violate any of the terms of this Agreement or, if you provide us with false or
misleading information or if you interfere with other users or in the
administration of the Mobile Deposit Service.
p)
Service
Cancellation
You
may cancel the Mobile Deposit Service at any time by notifying us in writing
and discontinuing your use of the Mobile Deposit Service. Any pending
transactions may be completed or cancelled by us, in our discretion, upon your
cancellation of the Mobile Deposit Service. Cancellation of your BankUnited Digital
Services or closure of your Account that you use in connection with the Mobile
Deposit Service will result in the cancellation of the Mobile Deposit Service.
No cancellation of the Mobile Deposit Service will affect your liability or
obligations under this Agreement accruing prior to the date of cancellation or
any provisions of this Agreement which, by their nature or by express
provision, are intended to survive termination.
11. STOP PAYMENTS
Through the Digital Services, you may request us to stop payment on any check you write from your checking account. You cannot stop payment on a check if we have accepted, certified, paid or otherwise become accountable for the check, except to the extent required by law. To be effective, your stop‐payment request must precisely identify the number, date and amount of the item, and the payee (or such lesser combination as we may specify at the time). All stop payment requests entered through the Digital Services shall be deemed a written stop payment within the meaning of the UCC and shall remain in effect for a period of one (1) year from the date entered. All such renewals must be in writing and shall be in the form and substance required by the Bank. A fee in accordance with the Bank’s Schedule of Fees will be assessed to the Account for each stop payment request. No stop payment request will be effective against a check that has been paid prior to the time that the Bank has both received the request and has had a reasonable period of time to act upon the request. The stop payment feature may not be used with respect to any payment or transfer scheduled through the Digital Services. You agree to indemnify and hold the Bank harmless from and against any and all costs and expenses including, without limitation, attorney’s fees, court costs and related litigation costs and expenses, incurred by the Bank for refusing payment on all items upon which a stop payment is placed and further agree not to hold the Bank liable for payment contrary to any such request if the same occurs through inadvertence, accident or oversight.
12. TRANSACTION LIMITATIONS
We may limit the number
of withdrawals and/or transfers you may make from a savings or money market
account. Any imposed limits would apply to withdrawals and/or transfers made
during any one (1) calendar month or monthly statement cycle by means of a
preauthorized or automatic transfer (including online transfers, wire transfers
or ACH payments), telephone transfer (including data transmission by computer
or other electronic device), or by check, draft or debit card. For
purposes of the transaction limitations we count a transaction as of the date
we debit it from your Account, which may be different from the date you
authorize, transfer or write the transaction. An Excessive Transaction Fee (see
account documentation for the current fee amount) may be assessed for each
transaction in excess of these limitations. If you exceed the transaction
limitations on more than an occasional basis, we may close your Account. If we
close your Account, you will receive a separate communication from us informing
you of our actions.
Please note that there
will be no limit on the number of withdrawals or transfers from your Account if
initiated in person, by ATM, by mail or by telephone instruction for us to mail
a check payable to you. There are no limitations on the number of deposits that
can be made to an Account by any method. Please refer to our Depositor’s
Agreement for further details.
Additionally, we reserve
the right to place limits on the frequency and dollar amounts of any transfers
or refuse to make transfers between certain accounts. We will notify you if we
determine that we cannot carry out your transfer instructions; provided,
however, notification is not required if your transfer instructions are
prohibited by these Terms and Conditions or applicable law.
13. ACCOUNT INFORMATION
Account information
provided to you as part of the Digital Services is not the official record of
your account or its activity. Your account statement (whether provided to you
by mail or, if you have chosen to stop receiving paper statements,
electronically) will remain the official record of your account. You agree to
review your statement promptly after you receive it. If your statement shows
transactions that you did not authorize, you must notify us immediately.
Additionally, you are responsible for reviewing any other account
communications sent to you by postal mail. Such communications will contain
important information about your accounts regardless of whether you access your
accounts through the Digital Services or whether you have chosen to receive
your statements electronically.
14. NEW FEATURES
We may, from time to
time, in our sole discretion, introduce new products, services and features to
the Digital Services or modify or delete existing features. We shall notify you
of any of these changes if we are legally required to do so. By using any new
or modified products, services or features when they become available, you
agree to be bound by these Terms and Conditions, as well as any additional
terms and conditions specifically applicable to these new offerings.
15. ONLINE SERVICE FEES
Currently, we do not
charge a fee for use of the Digital Services. There may, however, be a charge
in connection with your use of some of the features available through the Digital
Services (i.e. if you request a stop payment of a check). Please refer to the
Schedule of Fees applicable to your accounts for more information. We reserve
the right at any time to change, add or modify any fees and charges and will
give you notice of such changes in accordance with applicable law. By
continuing to utilize the Digital Services after such fee changes become
effective, you are deemed to have accepted such fee changes.
You agree to pay such
fees and authorize us to deduct such fees from any accounts you maintain with
us. If there are insufficient funds in your accounts to pay these fees, you
agree to promptly remit payment to the Bank upon demand.
16. LIABILITY FOR UNAUTHORIZED TRANSFERS OR
PAYMENTS-FOR CONSUMER ACCOUNTS ONLY
Each time you use the
Digital Services to process a transfer or payment transaction, you warrant that
you are an owner or authorized signer on the Account from which the funds are
being drawn to make such transfer or payment. The Bank is entitled to act on
instructions received using your Access Information and you agree that the use
of your Access Information will have the same effect as your signature
authorizing the transaction.
If we do not complete a
transfer or payment from your Account on time or in the correct amount in
accordance with our agreement with you, we will be liable for your losses or
damages as required by applicable law. We will not, however, be liable in any
way for any failure or delay in completing any such transaction if:
(i) through no fault of ours, your Account does
not contain sufficient funds to make the transfer or payment, or the transfer
or payment would exceed any applicable overdraft protection for such Account;
(ii) the Digital Services, your computer, mobile
device or software was not functioning properly at the time you attempted to
initiate the transaction and it was evident to you at the time you began the
transaction;
(iii) circumstances beyond our control prevent
us from making the transfer or payment such as acts of God, natural disasters,
fires, floods, acts of government authority, terrorist acts, acts of public
enemy or war, riot, civil disturbance, insurrection, labor difficulty, power
outages or interruptions, telecommunications failure, severe adverse weather
conditions, postal strikes, or other causes beyond our reasonable control;
(iv) you do not provide us with complete and
correct payment or transfer information, or you do not follow the instructions
in these Terms and Conditions or any other agreement with us for requesting a
transfer or payment;
(v) the funds in your Account are subject to
legal process or other encumbrance restricting the transfer or payment;
(vi) a timely payment or transfer was made but
the payee fails to timely credit your account after receipt.
This list is meant to
illustrate circumstances under which we would not be liable for failing to make
a transfer or payment and is not intended to list all of the circumstances
where we would not be liable.
17. UNAUTHORIZED TRANSACTIONS
A.
FOR CONSUMER ACCOUNTS ONLY
You
must tell us AT ONCE if you believe your Access Information has been stolen or
used without your permission, or if you believe that an unauthorized online
transaction or payment has been made from any of your Accounts. Telephoning us
is the best and fastest way of keeping your possible losses to a minimum. If
you do not do so, you could lose all the money in each of your Accounts, as
well as all of the available funds in any overdraft protection account. If you
tell us within two (2) Business Days after you discover the loss or theft, you
can lose no more than $50 if someone uses your Access Information without your
permission. If you do not tell us within two (2) Business Days after you
discover the loss or theft or unauthorized use, and we can prove we could have
stopped someone from making a transfer or payment without your authorization if
you had told us, you could lose as much as $500.
Also, if your statement
shows transactions that you did not authorize, tell us AT ONCE. If you do not
tell us within sixty (60) days after a statement showing such a transfer or
payment was transmitted to you, you may not get back any money lost after the
sixty (60) days if we can prove that we could have stopped someone from taking
the money if you had told us in time. If a good reason (such as a long trip or
a hospital stay) prevented you from telling us, we may extend the time periods.
B.
FOR BUSINESS ACCOUNTS ONLY
You
are responsible for all transfers and payments that are made using your Access
Information. We shall have no liability to you for any errors or losses you
sustain in using the Digital Services except where we fail to exercise ordinary
care in processing any transaction. Without regard to care or lack of care of
either of us, a failure to report to us any unauthorized transfer, payment or
error from any of your Accounts within sixty (60) days of our providing or
making available to you your account statement reflecting such unauthorized
transfer, payment or error shall relieve us of any liability for any losses
sustained after the expiration of such sixty (60) day period and you shall
thereafter be precluded from asserting any such claim or error.
18. IN CASE OF ERRORS AND QUESTIONS ON YOUR ACCOUNTS
A.
FOR CONSUMER ACCOUNTS ONLY
In
case of errors or questions about transfers or payments made through the Digital
Services, you should contact us, as soon as possible, by calling us at (877)
779-BANK (2265) or writing to us at the following address:
BANKUNITED
OPERATIONS/EFT ERROR
7815 NW 148th Street
Miami Lakes, Florida 33016
If you think your
statement is incorrect or you need more information about a transaction
performed through the Digital Services that is listed on the statement, we must
hear from you no later than sixty (60) days after the FIRST statement was sent
to you on which the problem or error appears. You must:
If you tell us orally,
we may require that you send your complaint in writing within ten (10) Business
Days. We will determine whether an error occurred within ten (10) Business Days
after we hear from you and will correct any error promptly. If we need more
time, however, we may take up to forty-five (45) days (or ninety (90) days if
your account was opened less than thirty (30) days prior to the date of the
suspected error) to investigate your complaint or question. If we decide to do
this, we will provisionally credit your account within ten (10) Business Days
(or twenty (20) Business Days if your account was opened less than thirty (30)
days prior to the date of the suspected error) for the amount you think is in
error so that you will have use of the money during the time it takes us to
complete our investigation. If we ask you to put your complaint or question in
writing and we do not receive it within ten (10) Business Days, we may not
provisionally credit your account.
We will tell you the
results within three (3) Business Days after completing our investigation. If
we determine that there was no error, we will send you a written explanation.
You may ask for copies of documents that we used in our investigation. We may
revoke any provisional credit provided to you if we find an error did not
occur.
B.
FOR BUSINESS ACCOUNTS ONLY
In
case of errors or questions about transfers or payments made through the Digital
Services, you should contact us, as soon as possible by calling us at (877)
779-BANK (2265) or writing to us at the following address: BANKUNITED
OPERATIONS/EFT ERROR, 7815 NW 148th Street, Miami Lakes, Florida
33016. If you think that your statement is wrong or you need more information
about a transfer or payment listed on the statement, we must hear from you no
later than sixty (60) days after we sent or otherwise made available to you the
FIRST statement on which the problem or error appeared. Failure to so notify us
will preclude you from being able to assert a claim based on such problem or
error. Any errors reported to us will be investigated by us and we will advise
you of the results of our investigation.
19. REPRESENTATIONS AND WARRANTIES; LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT YOUR USE OF THE DIGITAL SERVICES IS AT YOUR SOLE RISK. THE
DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND
RELATING TO THE DIGITAL SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE.
WE MAKE NO REPRESENTATION
OR WARRANTY THAT THE DIGITAL SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, OR THAT THE DIGITAL SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT
ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL SERVICES IS OBTAINED AT YOUR
OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, WHETHER DUE TO COMPUTER VIRUS OR OTHERWISE. WE MAKE NO REPRESENTATION
OR WARRANTY AS TO THE COMPLETENESS, ACCURACY OR RELIABILITY OF ANY THIRD-PARTY
INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE DIGITAL SERVICES.
WE MAY PERIODICALLY
AMEND, ADD, DELETE, UPDATE OR ALTER THE DIGITAL SERVICES INCLUDING, WITHOUT
LIMITATION, THESE TERMS AND CONDITIONS. EXCEPT AS OTHERWISE REQUIRED BY
APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THE DIGITAL CHANNELS AND WE SPECIFICALLY DISCLAIM ANY DUTY TO
UPDATE THE INFORMATION ON THE DIGITAL CHANNELS.
YOU AGREE THAT NEITHER
WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS OR THIRD PARTY SERVICE PROVIDERS WILL BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST
PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT
LIABILITY OR OTHERWISE, ARISING OUT OF YOUR ACCESS TO OR USE OF THE DIGITAL SERVICES
OR THE INABILITY TO ACCESS OR USE THE DIGITAL SERVICES.
THIS SECTION SHALL
SURVIVE TERMINATION OF YOUR USE OF THE DIGITAL SERVICES.
20. SERVICE DISRUPTION
Maintenance to the Digital Services may be performed from
time-to-time resulting in interrupted service, delays or errors. The Bank shall
have no liability for any such interruptions, delays or errors. We will attempt
to provide prior notice of scheduled maintenance, but we cannot guarantee that
such notice will be provided.
21. LIMITATIONS
OF SERVICE
You agree that we shall not be
responsible for any delay or other difficulties you may experience when using
the Digital Services arising out of the acts or omissions of any third parties,
including, but not limited to, various communication services, courier
services, the Federal Reserve System, any other bank or any third party, fire,
mechanical, computer or electrical failures or other unforeseen contingencies,
strikes or any similar or dissimilar cause beyond our reasonable control.
22. GEOGRAPHIC
CONSTRAINTS
You agree that you will not
use the Digital Services in locations that are prohibited under United States
laws and regulations including, without limitation, laws and regulations issued
and administered by the United States Treasury Office of Foreign Assets
Control.
23. INDEMNIFICATION
You acknowledge and
agree that you are personally responsible for your conduct while using the Digital
Services and agree to indemnify and hold us and our officers, directors,
employees, shareholders, parents, subsidiaries, affiliates, agents and third
party service providers harmless from and against any losses, damages,
liabilities, costs or expenses of any kind including, without limitation,
reasonable attorney's fees, court costs and related litigation costs and
expenses, that we may incur in connection with any third party claim or
otherwise, arising out of or concerning your use of the Digital Services or the
use of the Digital Services by anyone using your Access Information, or your
violation of these Terms and Conditions. Your obligations under this section
shall survive termination of these Terms and Conditions.
24. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD
PARTIES
It is our general policy to treat your account information as
confidential. However, we will disclose information to third parties about your
account or the transactions you make ONLY in the following situations:
·
where it is necessary
for completing transactions;
·
where it is necessary
for activating additional services;
·
in order to verify the
existence and condition of your account to a third party, such as a credit
bureau or merchant;
·
to a consumer reporting
agency for research purposes only;
·
in order to comply with
a governmental agency or court order;
·
if you give us your
written permission; and
·
in accordance with our
Privacy Policy.
25. UNLAWFUL TRANSACTIONS
You agree not to use the
Digital Services for any illegal or unlawful purpose. You acknowledge and agree
that we have no obligation to monitor or review your transactions for legality
and that we may presume that all of your transactions are legal in all
applicable jurisdictions. We reserve the right, however, to decline any
transaction that we believe is an illegal transaction or a high-risk
transaction in any applicable jurisdiction. We are not responsible for the
recovery or reimbursement to you of any funds transferred in connection with
any authorized transaction that is determined to be illegal.
You further agree not to
use your Account or any of the Digital Services to engage in any internet or
online gambling transaction including, without limitation, those activities
prohibited by the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. Section
5361 et seq. We reserve the right to decline any transaction that we believe is
an internet or online gambling transaction.
You agree not to attempt
to log on to the Digital Services from any country under sanctions by the
Office of Foreign Assets Control (OFAC). Information regarding which countries
are under sanctions may be obtained on the United States Department of Treasury
website. Any attempt to log on to the Digital Services from one of these
countries may result in your access being restricted and/or terminated.
26. TERMINATION
We may terminate your
use of the Digital Services, in whole or in part, at any time and for any
reason without prior notice including, without limitation, your failure to
access the Digital Services for a period of three consecutive months or longer.
You may terminate your
rights to use the Digital Services by notifying us in writing. You authorize us
to continue making transfers, payments and other transactions you have
previously authorized through the Digital Services until such time as we have
had a reasonable opportunity to act upon your instructions. It is your
responsibility to cancel any recurring or future dated transfers prior to
cancelling the Digital Services as these transfers will not be terminated
unless you do so. Notwithstanding the foregoing, all recurring transfers and
payments must be cancelled prior to terminating the Digital Services.
Upon any termination you
shall immediately discontinue use of the Digital Services. Any termination
shall not affect your liabilities or obligations under these Terms and
Conditions for any transactions initiated prior to such termination.
27. AREA OF SERVICE
Unless otherwise agreed
to by the Bank, the Digital Services described in this Agreement are offered to
citizens and legal residents of the United States of America.
28. SERVICE
PROVIDERS
You acknowledge that the
Bank may engage third party service providers to provide some or all of the Digital
Services. The Bank shall have no obligation to disclose any such arrangements
with third parties to you or obtain your consent thereto. You agree that we have the right to delegate to
such service providers all of the rights and performance obligations that we
have under this Agreement and that such service providers will be third party
beneficiaries of this Agreement and will be entitled to all the rights and
protections that this Agreement provides to us.
29. AMENDMENT
We may amend, revise or
modify these Terms and Conditions at any time and from time to time in our sole
discretion. We will post the amended terms and conditions on the Digital
Services, together with a notice that these Terms and Conditions have been
amended. Any use of the Digital Services following such notice will constitute
your agreement to such change(s). The revised version will be effective at the
time it is posted unless a delayed effective date is required by law and is
expressly stated in the revision. You understand and
agree that notwithstanding the foregoing, we reserve the right to provide any
such notice of change to you in printed form. Further, we may, from time to time, revise or update the
applications, services, and/or related material, which may render all such
prior versions obsolete. Consequently, we reserve the right to terminate these
Terms and Conditions as to all such prior versions of the applications,
services, and/or related material and limit access to only the most recent
revisions and updates.
30. ASSIGNMENT
You may not assign any
of your rights and obligations under these Terms and Conditions. We may assign
our rights and obligations under these Terms and Conditions with no further
liability.
31. DATA RECORDING
When
you contact us, the communication or the information you provide may be
recorded or otherwise retained by us or our service providers for quality
assurance and compliance purposes. You agree and consent to the recording of
such communications our employees or service providers have with you or your
agents related to the Digital Services.
32. NO WAIVER
Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of these Terms and Conditions. Our failure to insist upon or enforce
strict performance of any provision of these Terms and Conditions shall not be
construed as a waiver of any of our rights or remedies hereunder, unless such
waiver is in writing and signed by us. 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.
33.
INTELLECTUAL PROPERTY
All marks and logos related to
the Digital Services are either our trademarks or registered trademarks of our third-party
service providers or 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 third-party service providers or licensors. You may not copy,
imitate or use any of the above marks 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 Digital Services or display them in any manner
that implies our sponsorship or endorsement. All right, title and interest in
and to the Digital Services, the technology related to the Digital Services,
and any and all technology and any content created or derived from any of the
foregoing, is our exclusive property or that of our third party service
providers or licensors. You may not copy, reproduce, distribute or create
derivate works, reverse engineer or reverse compile the technology for the Digital
Services or any other services or technology used in connection with the
Digital Services. Moreover, any suggestions, ideas, notes, drawings, concepts
or other information you may send to us through the Digital Services shall be
considered an uncompensated contribution of intellectual property to us and our
third party services providers or licensors, shall also be deemed our and our third
party service providers and 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 third party
service providers and licensors a perpetual, royalty-free, irrevocable,
non-exclusive right and license to us, 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.
34. GOVERNING LAW
These Terms and
Conditions shall be governed by and interpreted in accordance with all
applicable federal laws, rules and regulations, and as this Agreement applies
to each individual account that you may access using the Digital Services, by
the applicable state laws, rules and regulations governing such account or the
account agreement for such account (to the extent the state laws are not
superseded by federal law). Please refer to your Other Agreements to determine
in which state your account is located.
35. JURY TRIAL WAIVER
YOU HEREBY KNOWINGLY,
VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY
IN RESPECT TO ANY LEGAL PROCEEDING RELATING TO THESE TERMS AND CONDITIONS OR
YOUR USE OF THE DIGITAL SERVICES.
36. RISK OF LOSS
In the event of a system
failure or interruption, your data may be lost or destroyed. Any transaction(s)
that you were in the process of completing or completed shortly before a system
failure or interruption should be verified by you through means other than the Digital
Services to ensure the accuracy and completeness of such transaction(s). You
assume the risk of loss and shall bear sole liability for any error or loss of
your data, information, transactions or other losses which may be due to any system failure or interruption and the
responsibility to verify the accuracy and completeness of any transaction(s) so
affected.
37. FORCE MAJEURE
You agree that we shall
have no responsibility or liability to you or any third party for failure or
delay in our performance under these Terms and Conditions or for any losses due
to causes or conditions beyond our control including, without limitation,
delays and/or interruptions of business due to any act of God, natural
disaster, fire, flood, terrorist act, act of government authority, act of
public enemy or war, riot, civil disturbance, insurrection, labor difficulty,
power outage or interruption, telecommunications failure, postal strike, severe
adverse weather condition, public health emergency, or other causes beyond our
reasonable control. The time, if any, required for our performance under these
Terms and Conditions shall be automatically extended during the period of such
delay or interruption.
38. SEVERABILITY
If any provision of
these Terms and Conditions is determined to be invalid or unenforceable by a
court of competent jurisdiction, the remaining provisions of these Terms and
Conditions will not be affected thereby, and each of those provisions will be
valid and enforceable to the fullest extent permitted by law.
39. CAPTION HEADINGS AND INTERPRETATION
The caption headings are
for convenience or reference purposes only and are not to be construed as a
summary of each provision of this Agreement. Unless it would be inconsistent to
do so, words and phrases used in this document should be construed so that the
singular includes the plural and the plural includes the singular.