Internet Banking & Bill Pay Services

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU ENROLL IN INTERNET BANKING AND BILL PAY SERVICES. YOU MAY NOT USE THESE SERVICES WITHOUT FIRST ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Electronic Disclosure and Consent

To the extent allowed by law, you agree that any communication from us to you including but not limited to, disclosures, notices, agreements, confirmations, account statements, or other information required to be delivered in writing under applicable law, may be delivered to you by electronic delivery, and that such electronic delivery shall be in lieu of written communication.

By accepting this Agreement and enrolling in Internet Banking, you have demonstrated your ability to access and retain the disclosures provided to you and have consented to receiving these and any future disclosures electronically. You are deemed to have received communications provided to you by email when they are made available to you at your email address of record. You must immediately notify us of any change in your email address.

In order for you to access, view, print or retain electronic communication in connection with Internet Banking Services, your computer system or access device must meet the following requirements:

  • Internet access and an email address;
  • Supported Browsers: Microsoft Edge, Mozilla Firefox, Apple Inc. Safari, or Google Chrome;
  • Cookies & JavaScript enabled;
  • Your browser must support HTML 4.0 and 128 bit SSL;
  • A printer or other device, such as a storage medium (hard drive), so that you are capable of printing and/or retaining Internet-based data; and
  • Access  to  a  telephone  (landline  or  cellular  phone)  (if  accessing  Internet  Banking  from  an unrecognized device to receive one time passcodes).

Bankers Trust recommends that you use the latest versions of the supported browsers and operating systems and keep security patches up to date. We may not support device operating systems versions that are two releases or older than the current version. Some applications or features may not work if you use unsupported browsers and operating systems. Beta versions of browsers and operating systems are not supported.

It is recommended that you retain a paper or electronic copy of this Agreement and any other disclosures for your records. To retain an electronic copy of any communication, highlight the text of the communication and use your copy command. Then open an application such as Word or Notepad, use the paste command to paste the text of the Agreement into the application, and save the communication to a file of your choice.

You may request to have account records provided on paper, and if we are able to provide them, there may be fees as stated in the Service Fee Schedule provided to you when you opened your account. You have a right to withdraw your request to receive electronic communication. If you withdraw your request, your Internet Banking Services, including any Bill Pay Services, will be canceled. To withdraw your consent or to request paper copies, you must do so in writing. Please mail your request to:

Bankers Trust, Customer Service Department
453 7th Street, P.O. Box 897
Des Moines, Iowa 50304-0897

We will not impose a fee to process the withdrawal of your consent. Your consent withdrawal will be effective only after we have had a reasonable period of time to process your request. We reserve the right, in our sole discretion, to change or terminate electronic provision of documents. We will provide you with a notice of any such change or termination as required by law.

To change your email address, select the Customer Service tab after logging into Internet Banking, and click Self Administration, then Personal Preferences.

You understand and agree that the Federal Electronic Signatures In Global and National Commerce Act apply to this Agreement.

By selecting “I agree” and enrolling in Internet Banking Services, I affirm I have the hardware and software listed above to be able to receive and retain the described disclosures electronically. Further, I authorize Bankers Trust to enroll me in the Internet Banking Service and, if selected, the Bill Pay Service. I agree to the terms and conditions of the Electronic Disclosure and Consent as described above.

Bankers Trust Internet Banking Service Agreement

Bankers Trust hereby publishes the following Agreement and Disclosure (the “Agreement”) for use of our Internet Banking Services (the “Services”). As used in this Agreement, the terms “we,” “us,” and “our” refer to Bankers Trust. “You” and “your” refer to the account holder(s) and anyone who enrolls in and/or uses the Services. The term “Account” means your account(s) at Bankers Trust, and may include deposit accounts such as checking and savings or your loan and credit card accounts. “Business Day” means every day, except Saturdays, Sundays, and federal holidays.

ALTERATIONS AND AMENDMENTS

Bankers Trust reserves the right to modify this Agreement and the applicable fees and service charges at any time, effective upon 30 days of notice to you via postal letter to the last address you have given us, email message, or as posted when accessing the Services, unless an immediate change is necessary to ensure the security of the Services. Further the Service may revise or update the applications, services, and related material, rendering all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions and applications, services, and related material and limit access to only the Service’s most recent revisions and updates. Use of the Services or attempting to connect to the Services, constitutes your agreement with these terms, conditions, instructions and any modifications thereof.

RELATION TO OTHER AGREEMENTS

Except where noted in this Agreement, all Services are subject to the terms and conditions set forth in the Bankers Trust Consumer Terms & Conditions and the Service Fee Schedule provided to you at the time you opened your Bankers Trust account. The Services will be subject to the following:

The terms or instructions appearing on a screen when using the Services;
The rules and regulation of any fund transfer system used in connection with the Services; and Applicable federal and state laws and regulations.


Furthermore, you agree that the terms and conditions contained herein apply to accounts held for consumer or household purposes only. Accounts held for business purposes are subject to the terms and conditions set forth in the Commercial Terms & Conditions, and do not receive consumer protections.

SUPPORTING EQUIPMENT AND SOFTWARE

You are solely responsible for the maintenance and operation of your computer (any access device such as a computer, smart phone or tablet). We are not responsible for any errors or failures due to the malfunction of your computer, or for any virus or other problems or changes that may be associated with use of your computer. In order to protect your computer and personal and banking information, you are responsible for keeping your computer operating system updates current and installing and updating, as needed, firewall and anti-virus and anti-spyware software.

SERVICES

We offer the Services to you to enable you to perform inquiries, transfer funds between your accounts, view transaction activity, access and use Bill Pay, pay third parties, place stop payment orders, and communicate electronically with us via a personal computer and the Internet.

You agree that the following uses of the Services are strictly prohibited.

  • Unauthorized communication of any charge or credit card information belonging to any other person or entity
  • Unauthorized communication of any information concerning any password or other online access number, code, or identification or any other proprietary information belonging to any other person or entity (other than a co-owner)
  • Use of the Services to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity, including Bankers Trust, except to the extent that the owner has provided express written permission to you permitting such activity
  • Communicating any obscene or defamatory materials or information including but not limited to materials on bulletin boards or in conjunction with electronic mail (email) to Bankers Trust
  • Use of the Services in violation of any telecommunication, postal, or other federal or local laws or regulations of your country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose
  • Use of the Services to complete or attempt to complete transactions that involve countries under sanction by the United States government and Specially Designated Nationals (SDN) or any other conduct that is in violation with the Office of Foreign Asset Control Regulations

EXCLUSION OF WARRANTIES

The Service and related documentation are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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.

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the 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 Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling an Internet Banking Customer Service Representative at 1-800-362-1688. Internet Banking Customer Service Representatives are available Monday through Friday 7:30 am to 8:00 pm Central Time (CT) and Saturday from 8:00 am until noon CT.

ADVANCED LOG-IN AUTHENTICATION

You may be required to perform an additional step to confirm your identity whenever you access the Internet Banking Service from a computer or other device that is not recognized by the service. This additional step will require you to enter a confirmation code you are provided either by a telephone call placed to or a SMS text message sent to the telephone number on file with the bank. The standard fees assessed by your carrier will apply for telephone and SMS text message confirmation codes sent to your phone.

INTERNAL AND EXTERNAL TRANSFER RULES AND CUTOFF TIME

The transfer cutoff time for an internal transfer is 10:00 pm CT. Transfers initiated after 10:00 pm or on a non-Business Day will not be posted until the following Business Day. The transfer cutoff time for external transfers is 6:00 pm CT. External transfers initiated after 6:00 pm CT will not be processed until the following Business Day.

Transfers between your Bankers Trust Accounts (Internal Transfers). An internal transfer completed through the Service before the transfer cutoff time on a Business Day will be posted to your account on that same day. All internal transfers completed after the transfer cutoff time on a Business Day or on a day that is not a Business Day, will be posted on the next Business Day.

Transfer between your Bankers Trust Accounts and your Accounts at Other Financial Institutions (External Transfers). An external transfer completed through the Service is sent via Automated Clearing House (ACH), allowing you to transfer funds to and from your eligible accounts at Bankers Trust and other eligible accounts held by you at other U.S. financial institutions. You may only request transfers between accounts that have the same owner(s) listed on each account. Transfers are only permitted between accounts held by consumers for personal, household, or family purposes. Establishing transfers to or from accounts held for business purposes is a violation of the Operating Rules of the National Automated Clearing House Association (see “Terms and Conditions of ACH Services” below). For information about business account services, please call your account officer or Customer Service at 1-800-362-1688.

Transfer Limitations: External transfer transactions are limited to $9,999 per transfer, and $20,000 per month. External transfers over $500 will include an additional step that requires you to enter a confirmation code you are provided either by a telephone call placed to or a SMS text message sent to the telephone number you have on file with Bankers Trust.

You permit us to validate the external accounts through test transfers. Three low value transfers—two credits and one debit—will be posted to the external account. You can link up to three external accounts. You will be asked to confirm the amount of the test transfers before scheduling a transfer. We may also verify your external accounts by requiring you to submit proof of ownership of the account.

An external transfer will begin processing on the next business day. External transfers may take between 2 – 5 Business Days to post and settle. If an account has been open less than 30 days, the external transfers will not be available for 5 Business Days after the date the transfer is posted, and not available for 2 Business Days after the transfer is posted for accounts open more than 30 days.

Terms and Conditions of ACH Services: The Operating Rules of the National Automated Clearing House Association (“NACHA Rules”), as amended from time to time, are applicable to automated clearing house transactions (“ACH Entries”) to external transfer accounts. Credit given by us to the Bankers Trust account and with respect to the ACH Entry, is provisional until we receive final settlement for such ACH Entry thought the Federal Reserve Bank or otherwise have received payment as provided by law. If we do not receive such final settlement, we may charge back against the account. Under NACHA Rules, we are not required to give notice to you of receipt of the ACH Entry, and we may not do so. Your rights and obligations with respect to each ACH Entry will be governed by NACHA Rules, the Electronic Funds Transfer Act, by the laws of the State of Iowa and must comply with the provisions of all applicable laws.

INTERNET BANKING AND BILL PAY FEES AND SERVICE CHARGES

There are no fees associated with enrollment in or use of the Internet Banking Services or Bill Pay Services. We reserve the right to modify fees, service charges, and terms at any time, effective upon 30 days’ notice to you via postal letter at the last address you have given us, email message, or as posted when accessing the Services, unless an immediate change is necessary to ensure the security of the Services. Use of the Services or attempting to connect to the Services, constitutes your agreement with these fees, service charges, terms, conditions, instructions and any modifications thereof. You are responsible for any telephone access or Internet service fees that may be assessed by your carrier or service provider.

EMAIL AND SMS TEXT MESSAGE ALERTS

You can, at your option, enroll in a number of Internet Banking Service alerts. Some alerts are mandatory for security purposes and cannot be opted out of. To select the types of alerts you would like to receive, click the Customer Service tab and select the Alerts link. To receive SMS text message alerts, you will be asked to enter your text message phone number. This phone number is added by selecting the Show Contact Information link in the Customer Service Alerts tab. You will receive a one-time security code to authenticate by phone.

Bankers Trust does not assess fees for this service; however, depending on the messaging plan you have with your mobile carrier, you may incur the carrier’s standard per text fee for SMS text messages. You are responsible for any fees assessed by your mobile carrier. Due to circumstances beyond the control of the Service, particularly delays in delivery of emails and SMS text messages through your service provider, some alerts may take longer to be delivered to you.

MESSAGING WITHIN THE SERVICE

You may send secure messages to Bankers Trust by logging into your Internet Banking account, clicking on the Customer Service tab, and selecting the Contact Us link. Generally, you will receive a response within one Business Day. For urgent matters, such as reporting your debit card lost or stolen or reporting unauthorized access or transactions, please call us at 1-800-362-1688. For complete details about reporting lost or stolen access devices or reporting errors, please see the section  beginning with “Electronic Fund Transfers—Your Rights and Responsibilities” later in this document.

LIABILITY

You agree to indemnify, hold harmless, and defend Bankers Trust from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by the restrictions on use of the Services.

PRIVACY NOTICE

We are committed to respecting and protecting the privacy of our banking customers. Please refer to the Bankers Trust Privacy Policy link found at the bottom of  www.bankerstrust.com.

Confidentiality. 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 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 Biller;
  • To a consumer reporting agency for research purposes only;
  • In order to comply with a governmental agency or court orders; or
  • If you give us your written permission.
  • As explained in our Privacy Notice.

Periodic statements. You will get a monthly account statement from us for your checking accounts. You will get a monthly account statement from us for your savings accounts, unless there are no electronic fund transfers in a particular month. In any case, you will get a statement at least quarterly.

CHANGES TO CONTACT INFORMATION (EMAIL, TELEPHONE NUMBER, ADDRESS)

In order for us to properly provide disclosure of important information to you, you hereby agree to promptly notify Bankers Trust of any change of your mailing or email address or your telephone number(s). You can update your email addresses and telephone number(s) by clicking on the Customer Service tab and selecting Self Administration and then clicking Personal Preferences to change your contact Information. To change your address, click on the Customer Service tab and select Service Requests.

To maintain the security of your account(s) and personal and banking information, we do not accept changes of address or other information by telephone or email transmission.

ADDITIONAL SERVICES

The following additional services are available to Internet Banking customers and require that you enroll separately, entering into a separate agreement, after completing your Internet Banking Services enrollment.

  • Personal Finance Manager—The Personal Finance service allows you to develop a budget, track savings goals, and monitor spending. Link other financial institution accounts to view all balances and transactions into one place to get a complete financial picture.
  • Spending Insights– Receive personalized and proactive insights based on your Bankers Trust account transaction history and balances.
  • eStatements—A secure and environmentally friendly method of receiving your periodic accounts statements. You can enroll in electronic statement services by clicking on the Accounts tab and selecting Online Documents. Click on Delivery Settings to enable or disable Online Statements and Notices or Tax Forms.
  • Online Account Opening—Open new checking, savings, or certificate of deposit (CD) accounts through the Internet Banking service.
  • People Pay—Send and receive money online with as little information as the recipient’s email address or mobile telephone number. With People Pay, you can send money to your niece or nephew, reimburse your friend for lunch, or pay rent to your landlord. People Pay is not available in the Mobile Banking app.

TERMINATION OR DISCONTINUATION

In the event you wish to discontinue the Services, you must contact us in writing. Written notice of Service discontinuance must be supplied ten (10) Business Days prior to the actual discontinuation date and must be delivered in person at any Bankers Trust branch office or mailed to us at:

Bankers Trust, Customer Service Department
453 7th Street, P.O. Box 897
Des Moines, Iowa 50304-0897

If the Services are not used at least one time during each calendar month, Bankers Trust may terminate your access to the Services and delete your user information and Bill Pay database. Upon termination you will be responsible for making arrangements to pay any future or recurring payments outside of the Service. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

GOVERNING LAW

This Agreement, terms and conditions and the Services are governed by the laws of the State of Iowa and applicable federal law, without regard to any different state, and its laws, from which you may access your account from time to time.

ELECTRONIC FUND TRANSFERS – YOUR RIGHTS AND RESPONSIBILITIES

Consumer liability. Tell us AT ONCE if you believe your Internet Banking credentials (user name and/or password) or other means of accessing your account(s) have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way to keep possible losses to a minimum. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you discover your Internet Banking credentials or other means to access your account have been lost or stolen, you can lose no more than $50 if someone used your account without your permission.

If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Internet Banking credentials or other means to access your account if you had told us, you could lose as much as $500.

Also, if your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you 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 period.

Contact in the event of unauthorized transfer. If you believe your Internet Banking credentials or other means of accessing the account(s) have been lost or stolen, call:

1-800-362-1688

Or, write:

Bankers Trust, Customer Service Department
453 7th Street, P.O. Box 897
Des Moines, Iowa 50304-0897

Or, email:

[email protected]

For your protection, please do not email personal financial information.

Customer Service hours are Monday through Friday 7:30 am to 8:00 pm CT and Saturday 8 am to noon CT.

You should also call the number, write to the address listed above, or email if you believe a transfer has been made using the information from your check without your permission.

Business days. For purposes of these disclosures, our Business Days are Monday through Friday, excluding federal holidays. Telephone support is also available as indicated above.

Internet Banking Transfers and Bill Pay Transfers

Types of transfers.

  • transfer funds between your checking or savings accounts with us
  • make payments from checking or savings to loan accounts with us
  • make payments from checking to third parties
  • transfer funds to and from checking and savings accounts in your name at other financial institutions

For relevant transfer limitations, please refer to the External Transfer Rules above or Additional Terms for Bill Payment Services below.

People Pay Transfers.

Types of transfers:

  • Account-to-account transfer, when you know the recipient’s bank routing/transit number and account number.
  • Recipient chooses transfer, when you know the recipient’s email address or telephone number.

Limitations on frequency of transfers.

  • There are no limitations on the frequency of transfers using the Service.

Limitations on dollar amounts of transfers

  • You may transfer no more than $750/transfer and $1,500/day utilizing account-to-account transfers
  • you may transfer no more than $250/transfer and $500/day utilizing recipient chooses transfers

You must enter into a separate agreement to utilize the People Pay Service. Not available in the Mobile Banking App.

Bill payments and People Pay transfers: Right to stop payment and procedure for doing so.

For bill payments, you may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a bill payment, it cannot be canceled or edited. A stop payment request must be submitted. See the next paragraph for procedures and limitations on stop payment requests.

If you have scheduled a People Pay transfer, you generally cannot stop payment after you click the submit button. Account-to-account transfers are processed immediately. For Recipient Chooses transfers, you may be able to stop payment if the recipient has not picked up the payment yet.

As noted previously, the Service’s ability to process a stop payment request will depend on the payment method. The Service may not have reasonable opportunity to act on a stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service at 1-800-362-1688, Monday through Friday 7:30 am – 6:00 pm CT, and Saturday 8:00 am – 12:00 pm CT. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service 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 disclosed in the Bankers Trust Fee Schedule provided to you when you opened your account.

Financial institution’s liability. 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 losses or damages; however, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the transfer would go over the credit limit on your overdraft line.
  • If the system was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances  beyond  our  control  (such  as  fire  or  flood)  prevent  the  transfer,  despite reasonable precautions that we have taken.
  • There may be other exceptions in our agreement with you.

Please see also the Payment Authorization and Remittance—Financial Institution Liability and Limitation of Liability for Bill Payments sections later in this document.

ERROR RESOLUTION NOTICE AND QUESTIONS

In case of errors or questions about your electronic transfers, call or write us as indicated in the above section, Contact in the event of an unauthorized transfer.

If you think your statement is incorrect or you need more information about a Service transaction listed on your 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:

  • Tell us your name and Service account number;
  • Describe the error or transfer you are unsure about, and explain as clearly as possible why you believe it is an error or why you need more information; and
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint or question in writing within ten (10) Business Days after your verbal notification.

We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign- initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.

We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Additional Mobile Banking & Express Deposit Terms and Conditions 

Notice to Internet Banking Users: Not all the services available to you in Internet Banking are available to you with Mobile Banking services. People Pay is not supported in Mobile. You can still use People Pay in Internet Banking. There may be other variances in the services.

The services should only be accessed from a mobile device you own, and your mobile device and login information should be kept secure. In the event your mobile device is lost or stolen, or if you believe your login information has been compromised, you can update your user ID and password by following instructions through the service. To deactivate or suspend the services, contact Bankers Trust at 1-800-362-1688 or [email protected]. Telephoning is the best and most secure method for quickly deactivating the services. To maintain the security of your account(s), please do not include account numbers or other personally identifiable financial information in an email.

Express Deposit Services

The Express Deposit services are designed to allow you to make deposits to your checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to Bankers Trust or our designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the procedures; must read and capture the magnetic ink character recognition (“MICR”) line on each check; and must read and capture all such other data and information as is required by these Terms & Conditions or Federal Reserve regulations for the processing of these checks for payment including the appropriate endorsement for such a deposit. See the section titled Restrictive Endorsements and Procedures below for complete endorsement instructions. Your account must be open a minimum of 30 days prior to using the Express Deposits services. The services will verify account eligibility each time a deposit is initiated.

Deposit Limits:

Bankers Trust reserves the right to establish and assign to you deposit limits for Express Deposit (including limits on the dollar amount and/or number of checks and other payment instruments that you may transmit through Express Deposit each day) and to modify such limits from time to time in Bankers Trust’s sole discretion, and you agree to comply with all such limits. 

Our standard Consumer limits are:

  • Daily limits
    • You may deposit no more than $5,000 per business day.
    • You may deposit no more than five (5) checks and payment instruments per business day.
  • Multi-day limits
    • You may deposit no more than $10,000 over a 20 business day period.
    • You may deposit no more than 10 checks and payment instruments over a 20 business day period.

Restrictive Endorsements and Procedures:

You agree to include the restrictive endorsement “FOR MOBILE DEPOSIT AT BANKERS TRUST ONLY” on any check you deposit using Express Deposit. Below the restrictive endorsement, the check must be signed by all payees named on the check. Additionally, the check must be deposited to an account owned by the payees named on the check.

  • A check payable to you must be signed by you and deposited to an account owned by you.
  • A check payable to you and any joint owner(s) on your account must be signed by all owners and deposited to an account jointly owned by named on the check.
  • A check payable to you or any joint owner may be signed by any person to whom the check is payable (all signatures not required).
  • If the check is made payable to you and any non-joint owner, you may not deposit the check into your account using EXPRESS DEPOSIT.

Endorsements must be made on the back of the check within 1½ inches from the top edge. You agree to follow any and all other procedures and instructions for use of Express Deposit as Bankers Trust may establish from time to time.

Failure to endorse the item as described may result in your deposit being rejected.

Any loss Bankers Trust incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility, including any duplicate presentment caused because a check did not contain the proper restrictive endorsement identifying it for mobile deposit at Bankers Trust only. See Presenting Checks More Than Once section below for further information.

Check Requirements and Image Quality:

The image of an item transmitted to Bankers Trust using EXPRESS DEPOSIT must be legible and contain images of the front and back of the check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house, clearinghouse or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the check image: the amount of the check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying financial institution that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time an image of the check is captured (such as any required identification written on the front of the check and any endorsements applied to the back of the check).

Rejection of Deposits:

After Bankers Trust receives check images and all other required deposit information from you through Express Deposit, we shall provisionally credit your designated account for the total amount of such checks. The provisional credit is subject to final payment of the checks and is also subject to your account agreement. You agree that all deposits received by Bankers Trust are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to Bankers Trust for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against Bankers Trust relating to such deposits. Bankers Trust is not liable for any service or late charges that may be imposed against you due to rejection of any check that you transmit for deposit through Express Deposit. In all cases, you are responsible for any loss or overdraft, plus any applicable fees to your account due to a check being returned. You acknowledge and agree that, while Bankers Trust normally provides notice of rejected deposits, we may reject any check transmitted through Express Deposit in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If Bankers Trust rejects a check for remote deposit, please bring the check to any of our offices for review.

Ineligible Checks:

International checks, traveler’s checks, and money orders are not eligible to deposit using Express Deposit. These checks should be deposited in person at any of our offices.

Availability of Funds:

Funds from your deposits will be made available as detailed in the Your Ability to Withdraw Funds section of your account agreement. Funds from your deposit may be delayed for a longer period under certain circumstances. See the Longer Delays May Apply section of your account agreement for complete details.

Unpaid Checks:

Should you fail to produce the original check and your deposit has been returned for any reason, you authorize us to deduct that amount from your account. You are solely responsible for verifying that checks that you deposit by using Express Deposit have been received and accepted for deposit by Bankers Trust. Bankers Trust will provide you with notice of any deposits that it is unable to process because checks were returned unpaid by the payor financial institution. You agree to accept such notices at your email address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that Bankers Trust credits your account for a check that is subsequently dishonored and returned, you authorize Bankers Trust to debit the amount of such check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with Bankers Trust in our sole discretion. Our right to charge your account(s) will apply without regard to whether the check was timely returned or whether there is any other claim or defense that the check was improperly returned. You understand and agree that since the original check is your property, it will not be returned and Bankers Trust may charge back an image of the check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original check or a substitute check. You may not use Express Deposit to deposit a substitute check and you may not deposit the original check through Express Deposit or in any other manner if you receive a dishonored check. You agree to comply with any additional instructions Bankers Trust may provide to you in connection with returned checks.

Duty to Report Errors:

Bankers Trust will provide you with periodic statements that will identify the deposits that you make through Express Deposit. In addition, you may access Bankers Trust’s Internet Banking service for information about your deposits, nonsufficient funds (NSF) item, deposit adjustments, checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that Bankers Trust makes available to you in a timely manner to verify that deposits made through Express Deposit have been received and accepted by Bankers Trust and are accurate. Receipt of a check by Bankers Trust through Express Deposit does not constitute an acknowledgement by Bankers Trust that the check is error-free or that we will be liable for the check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your account agreement. You may notify us by emailing us at [email protected], or writing to Bankers Trust, Attn. Customer Service, P.O. Box 897, Des Moines, IA 50304 or telephoning us at 1-800-362-1688. To maintain the security of your account(s), do not include any personal financial information in an e-mail transmission. You agree to cooperate in any investigation by Bankers Trust of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify Bankers Trust of any error, omission or other discrepancy in accordance with these Terms & Conditions and your account agreement shall relieve us of any liability for such error, omission or discrepancy.

Availability of Service/Contingency:

In the event you are unable to use Express Deposit or otherwise comply with the terms or the procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bankers Trust location. The deposit of original checks at an office of Bankers Trust shall be governed by the terms and conditions of the account agreement and not by the terms of these Terms & Conditions. Failures or outages will not result in the imposition of liability on Bankers Trust. You understand that outages, interruptions, and failures are possible and assume the risk associated with the same.

Storage, Security and Destruction/Disposal of the Checks:

After you receive confirmation that Bankers Trust has received an image, we recommend you securely store the original check for 15 days after transmission to us and make the original check accessible to us at our request. Upon Bankers Trust’s request from time to time, you will deliver to us within two Business Days (any Monday through Friday that is not a federal holiday), at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 15-day retention period expires, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original check, the image will be the sole evidence of the original check. You agree that you will never represent the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

Presenting Checks More Than Once:

Once you have used Express Deposit to deposit a check you agree not to present, or allow anyone else to present, that original check or a substitute check of that original check again for deposit through Express Deposit or by any other means. If you or anyone else present a check or substitute check for deposit more than once, in violation of these Terms & Conditions, you agree to indemnify, defend and hold Bankers Trust harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such check or substitute check. You agree that Bankers trust may debit from your account the aggregate amount of any checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with Bankers Trust in our sole discretion.

Your Authentication Method: 

You agree that Bankers Trust is entitled to act upon instructions we receive with respect to Express Deposit under your user ID, password, or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. Bankers Trust has no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your account agreement and these Terms & Conditions. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release Bankers Trust from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing Express Deposit with your Authentication Method, you authorize Bankers Trust to complete the requested transaction(s) through Express Deposit. Any requests or instructions Bankers Trust receives from you through Express Deposit using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, checks deposited, check images, changes to accounts or services or any other communication you provide us through Express Deposit using your Authentication Method.

Data Security:

It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify Bankers Trust immediately by telephone at 1-800-362-1688 and with written notice at Bankers Trust, Attn. Customer Service, P.O. Box 897, Des Moines, IA 50304, if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, Bankers Trust may audit and monitor your deposits, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under these Terms & Conditions. By utilizing the services, you understand and accept the risks associated with the transmission of your check and data until it is received by Bankers Trust.

Cooperation with Investigations:

You agree to cooperate with Bankers Trust in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Express Deposit in your possession and your records relating to such items and transmissions.

Additional Terms and Conditions of the Bill Payment (Bill Pay) Service

You may, at your option, enroll in Bill Pay Service in conjunction with your Internet Banking Service. Bill Pay allows you to pay your bills through your Internet Banking Service.

SERVICE DEFINITIONS

  • Agreement means these terms and conditions of the Bill Pay Service and all of the terms and conditions provided previously in the Bankers Trust Internet Banking Service Agreement.
  • Biller is the person or entity to which you direct a bill payment, or is the person or entity from which you receive electronic bills, as the case may be.
  • Payment Instruction is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and scheduled payment date).
  • Business Day is every Monday through Friday, excluding federal holidays.
  • Send On Date is the day your Scheduled Payment will be deducted from your Payment Account.
  • Deliver By Date is the date on which your payment will be delivered. You should schedule your payment to be delivered by (or before) the due date reflected on your Biller statement for which the payment is due, not including the late date or grace period.
  • Payment Account is the checking account from which bill payments will be debited.
  • Scheduled Payment is a payment that has been scheduled through the Service but has not begun processing.
  • Service means the Bill Pay Service provided by Bankers Trust.

PAYMENT SCHEDULING

The earliest possible Deliver By Date for each Biller—typically four (4) or fewer days from the current date—will be designated on the calendar within the application when you are scheduling the payment. You should select a Deliver By Date that is prior to or no later than the actual due date reflected on the Biller’s statement. If the due date falls on a non-Business Day, you should select a Deliver By Date that is on a Business Day before the due date. Your Scheduled Payment will be deducted from your Payment Account on the Send On Date and will be posted with the description “Electronic Bill Pay.” Generally, if you do not have sufficient funds in your Payment Account to cover the Scheduled Payment on the Send On Date, the payment will not be processed. However, if the Scheduled Payment is processed and your account becomes overdrawn as a result, the overdraft transactions will be subject to overdraft fees as disclosed in the Service Fee Schedule.

Transfer Limitations: Each Scheduled Payment is limited to no more than $9,999 and you may schedule no more than $20,000 in payments in one Business Day.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some bill payments may take longer to be credited. The Service will bear responsibility for any late payment related charges up to $50 should a payment post after its Deliver By Date as long as the payment was scheduled in accordance with the guidelines described under Payment Scheduling in this Agreement.

PAYMENT AUTHORIZATION AND REMITTANCE—FINANCIAL INSTITUTION’S LIABILITY

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Deliver By Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  • If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the  transaction  or the transaction  would  exceed the credit limit of your overdraft account;
  • The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  • Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper biller any previously misdirected transactions, and if applicable, for any late payment related charges.

CHANGES TO PAYMENT ACCOUNT

Any changes in your Payment Account can be made by clicking on the Customer Service tab and selecting Customize Your Accounts. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

LIMITATION OF LIABILITY FOR BILL PAYMENTS

You agree that, except as expressly stated above, there is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of any kind, express or implied, regarding the information or any aspect of the Services.

In addition to the circumstances detailed above under Payment Authorization and Remittance, Bankers Trust will not be held liable for failure to properly complete a bill payment in the following instances:

  • If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
  • If your funds are subject to legal process or other encumbrance restricting the transfer.
  • If your payment authorization terminates by operation of law.
  • If you believe someone has accessed your account(s) without your permission and you fail to notify Bankers Trust as detailed in the Electronic Fund Transfers – Your Rights and Responsibilities section.
  • If we received incomplete or inaccurate information from you or a third party involving the Account or Payment Instruction.
  • If Bankers Trust has a reasonable basis for believing that unauthorized use of your Internet Banking credentials or account(s) has occurred or may be occurring.
  • If you are in default of this Agreement and its terms and conditions or any other agreement you have with Bankers Trust.
  • If a Biller refuses to accept a payment,
  • If you attempt to make alimony, child support or other court-directed or tax payment.
  • If Bankers Trust, or you, terminate this Agreement.

You acknowledge and agree that Bankers Trust will not be liable for any losses resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, operator error, log-in sequences, power outages, severe weather, earthquakes, floods or other such events deemed acts of God. Further, you acknowledge that there are other means and methods for accessing the information in your account(s) and conducting transactions. In the event that you should experience problems accessing the Services, you will attempt to access such information and conduct such transactions by alternative means and methods.

There may be other exceptions stated in this Agreement and with other agreements you have with Bankers Trust. In no event shall we be liable for any indirect, incidental or consequential damages you may incur.

PROHIBITED PAYMENTS

Payments to Billers outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

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 the Service be liable for any claims or damages resulting from you scheduling these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied or misdirected payments will be the sole responsibility of you and not of the Service.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but are not limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

FAILED OR RETURNED TRANSACTIONS AND PAYMENTS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  • You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  • For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You will reimburse the Service for any fees imposed by your financial institution as a result of the return; and
  • You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you.

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

BILL PAY SERVICE TERMINATION OR CANCELLATION

In the event you wish to cancel the Service, notify us as outlined in Termination or Discontinuation above. Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments, including recurring payments, will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

ELECTRONIC BILL DELIVERY AND PRESENTMENT

We have established relationships with hundreds of Billers nationwide that can send us an electronic version of your bill. The electronic versions of the bills typically contain the same information that is included in paper bills. If you select this service, it is your sole responsibility to contact the Billers directly if you do not receive your statements. In addition if you wish to activate the electronic bill option for any of your Billers, you agree to the following:

Information Provided to the Biller – The Service is unable to update or change your personal information such as, but not limited to, name, address, telephone numbers, and email addresses, with the electronic Biller. Changes must be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation – Upon activation of the electronic bill feature, the Service may notify the Biller of your request to receive electronic bills. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to Obtain Bill Data – Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your username and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an email notification to the email address listed for your account or a SMS text message if you have provided a Text Message Phone. 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 log in to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of Electronic Bill Notification – The electronic Biller 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 may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller of your change in status and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of Electronic Bill(s) – You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and Dispute of Electronic Bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

MOBILE END USER TERMS

This service is provided to you by Bankers Trust and powered by a Third Party (the “Licensor”) mobile technology solution. These End User Terms are a legal agreement between you and Bankers Trust.

SECTION A

BANKERS TRUST TERMS AND CONDITIONS

Thank you for using Bankers Trust Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 32858. To cancel your plan, text “STOP” to 32858 at any time. In case of questions, please contact Customer Service at [email protected] or call 1–800–362–1688.

Terms and Conditions

1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Bankers Trust. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.

2. The services are provided by Bankers Trust and not by any other third party. You and Bankers Trust are solely responsible for the content transmitted through the text messages sent to and from Bankers Trust. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).

2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.