DIGITAL BANKING TERMS AND CONDITIONS
Table of Contents
- Scope of Agreement
- Username and Password
- Online and Mobile Statement Service
Account Alerts – Online and Mobile Banking
- Types of Alerts
- Activation of Alerts
- Requirements for Alerts
Online Bill Pay
- Payment Types
- Scheduling Payments
- Fees and Charges
- Merchant or Payee Limitation
- Stopping Preauthorized Payments from Your Account
- In the Event You have Insufficient Funds
- Liability for Failure to Make Payments
- Charges for this Service
- Transaction Limits
- Transfer Authorization and Processing
- Processing and Delivery Timeframes
- Outgoing External Transfers
- Incoming External Transfers
- Cancelling a Transfer
- In the Event You have Insufficient Funds
- Liability for Failure to Make Transfers
- Refused Transfers
- Returned Transfers
Additional Terms Applicable to Online Bill Pay and External Transfers
- Errors and Questions
- Special Rules for New Customers
- Your Liability for Unauthorized Payments and Transfers
- Disclosure of Account Information to Third Parties
- Documentation of Transfers
- Limitation on Transfers
- Termination or Discontinuation
- Security of your Mobile Devise and Account Information
- Limitations of Service
- Hardware and Software
- Eligible Items
- Ineligible Items
- Receipt of Items
- Provisional Credit and Availability of Funds
- Endorsements and Procedures
- Image Quality
- Availability of Funds
- Disposal of Transmittal Items
- Deposit Limits
- Errors in Transmission
- User Warranties and Indemnification
- Memo Field
Additional Terms Applicable to all Digital Banking Services
- Changes in Service
- Maintenance to the Service
- Cooperating with Investigations
- Ownership & License
- Disclaimer of Warranties
- Limitation of Liability
- Termination or Refusal by Us
- Third Party Beneficiary
- Geographic Constraints
- Governing Law and Other Terms
- Alterations and Amendments
- No Waiver
This Agreement (the “Agreement”) between you and Bank of Texas ("Bank") governs the use of Digital Banking Services (the "Service"), including Online Banking and Mobile Banking. When you use any of the Digital Banking Services identified in this Agreement, or authorize others to use them, you agree to be bound by the terms and conditions of the entire Agreement. For customers of BOKF, NA, this Agreement is in addition to, and does not replace or supersede, any other agreements between you and BOKF, NA. This Agreement hereby incorporates the terms of the depository agreement(s) governing each of your transaction account(s). For customers of BOK Financial Securities, Inc., including d/b/a BOK Financial Advisors (“BOKFA”), this Agreement is in addition to, and does not replace or supersede, any other agreements between you and BOKFA.
In this Agreement, the words "you" and "yours" mean you, the user of the Service, and the terms "us" and "we" mean BOKF, NA, also referred to herein as “BOKF” or “the Bank”. BOKF, NA does business as Bank of Oklahoma, Bank of Texas, Bank of Arkansas, Bank of Albuquerque, Mobank, and BOK Financial. This Agreement governs your Digital Banking access to all depository accounts you may have at any and all of these divisions, as well as your Digital Banking access to all your BOKFA investment accounts The following services are available to you as a depository account holder and/or an investment account holder, as shown:
Depository Account Holders
Investment Account Holders
Account Monitoring and Transfers via Online and Mobile Banking
Online and Mobile Statement Service
Online Bill Pay
As shown in the table above, you may use Online Banking to monitor your account and for various purposes, including bill payment and external transfers.
Username and Password
The first time you access Online Banking, you will be asked to create a username and password. These identifiers will belong to you alone and should not be shared with anyone. The joint owner(s) of your account(s), if any, can and should generate their own usernames and passwords. Your username (“Username”) and password (“Password”) will provide you access to both Online Banking and Mobile Banking.
You agree not to give or make available your Password to any unauthorized individuals. We will not contact you via email or phone requesting your Password. If you are contacted by anyone requesting this information please contact us immediately. You agree to take reasonable and adequate measures to guard against unauthorized access to your Password.
If you believe that your Password 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 Bank at once by calling ExpressBank or writing to us at the address listed below under Errors and Questions. Telephoning is the best way to reduce potential losses. We may suspend or cancel your Password even without receiving such notice from you, if we suspect your Password is being used in an unauthorized or fraudulent manner. Unless otherwise provided in this Agreement or as required by law, you agree to be fully liable for all losses which may arise from unauthorized transactions.
Mobile Banking is available as part of the Service. As shown in the table above, you may use Mobile Banking to monitor your accounts, and for bill payment, external transfers and mobile deposit. Please be aware that the features available through Online Banking and Mobile Banking may not be the same.
When you use Mobile Banking, you agree that we may log your location. Your location information may be used by us for marketing purposes, but will not be made publicly available or otherwise shared. Some mobile devices may allow you to disable this feature and block our ability to view your location when using Mobile Banking. Please follow the directions for doing so provided by the manufacturer of your mobile device.
You agree to download all updates to and/or new versions of Mobile Banking when alerted of such updates and/or new versions.
We utilize third-party analytics software within our Digital Banking Services. The software allows us, at our discretion, to record your touch gestures, browsing/scrolling activity and certain online and mobile banking interactions in order to track applications performance, stability, usability and functional bugs or errors. These activities are conducted solely to understand and improve online and mobile banking functionality and to deliver a better client experience. We do not share this information with nonaffiliated third parties.
The Online and Mobile Statement Service provides an alternative to paper statements for depository account holders and investment account holders. By going to Online Banking and selecting “Online Only” for your statement delivery preference, you authorize the Bank to stop mail delivery of your paper account statements and consent to the electronic delivery of your periodic statements and related notices. Should you wish to also receive a paper statement, fees may apply. Please see the Simple Guide you were given at the time of account opening for more information. If you elect to receive electronic statements for one account that has been receiving a combined paper statement with another account, paper delivery of the statements for all of the accounts on the combined statement will be turned off and the statements for each account will only be available through Online Banking or Mobile Banking.
The Bank will send an email reminder to the email address you provide through Online or Mobile Banking when your online statement becomes available for viewing. It is your responsibility to keep your email information current. Email addresses may be updated at any time by visiting the Change Email and Phone tab in Online Banking or by selecting Update Email and Phone on the Account Preferences screen in the Mobile Banking application.
Types of Alerts
Every depository account customer who provides us with a primary email address will automatically receive Generic Account Alerts via email. Generic Account Alerts, such as fraud alerts, and notices about changes to a user’s email information, are intended to provide you with information essential for your account safety.
In addition, we make a range of Voluntary Account Alerts available to depository account customers with the Service. Voluntary Account Alerts, such as daily balance alerts, and withdrawal or deposit alerts, are configurable by you, optional, and may be received via email or push notification.
Activation of Alerts
Generic Account Alerts require no activation by you.
Voluntary Account Alerts must be activated by you.
- Voluntary Account Alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so.
- Each Voluntary Account Alert includes multiple options, and you will be asked to select from among these options upon activation of your alerts service.
Requirements for Alerts
Generic Account Alerts and Voluntary Account Alerts (collectively “Alerts”) are subject to the following:
- Alerts will be sent to the email address you have provided as your primary email address for Digital Banking. If your email address changes, you are responsible for informing us of that change. A change to your primary email address will apply to Generic Account Alerts and a change to your primary and/or secondary email address will apply to the Voluntary Account Alerts you have directed to that address.
- You may also choose to have Voluntary Account Alerts sent to a mobile device that can receive our Alerts through a push notification system.
- While the Bank does not charge for delivering Alerts, please be advised that account fees, service fees and/or data charges or rates may be imposed by your internet service provider and/or your wireless carrier.
- You understand and agree that your Alerts may be delayed or prevented by a variety of factors. We do our best to provide Alerts in a timely manner with accurate information. However, because Alerts may be affected by a variety of factors beyond our control (such as systems failures, misdirected delivery, or scrambled content), we cannot guarantee the delivery of the Alert or the accuracy of the contents of any Alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; for any errors in the content of an Alert; or for any actions taken or not taken by you or any third party in reliance of an Alert.
- Because Alerts are not encrypted, we will never include your Password or full account number in an alert. However, Alerts may include your name and some information about your accounts. Anyone with access to your email will be able to view the contents of these Alerts.
Online Bill Pay allows you to pay bills and send money from your depository accounts to other people using a personal computer. By providing the Bank with the names and account information of those persons or entities to whom you wish to direct payment, you authorize the Bank to follow the payment instructions that it receives from you through Online Bill Pay. You may use Online Bill Pay to pay bills from any transaction account you have at any of the Bank’s divisions.
Online Bill Pay is intended for use only by consumers. It is not recommended for business use.
Some common Online Bill Pay payees, such as utilities and credit card companies, accept electronic payments. Many other payees require payment by paper check. When you use Online Bill Pay, you authorize us to make payments for you by whichever method the Bank or its third party payment processor chooses.
Payments made Electronically – For a payment(s) that will be sent electronically, you authorize the Bank to charge your transaction account on the selected Process Date, as defined below, and remit funds to the designated payee on your behalf. The payment is estimated to arrive in 2 Business Days, as defined below, or before. The Bank is not responsible for any delays on the part of the recipient or applicable delivery methods.
Payments made via Paper Check - For a payment(s) that will be sent via a paper check, you authorize the Bank to process a paper check containing your transaction account routing number and transaction account number to the designated payee on your behalf. The funds will remain in your transaction account until the check has cleared. The payment is estimated to arrive in 5 Business Days or before. The Bank is not responsible for any delays on the part of the recipient, postal service, or applicable delivery methods.
The Process Date is defined as the Business Day you request the Bank to process the payment. Although you can enter payment instructions through Online Bill Pay 24 hours a day, 7 days a week (excluding maintenance and other windows of unavailability), payments will be "processed" only on Business Days. If you select a Process Date that is not a Business Day, the payment will be processed on the previous Business Day. If the previous Business Day has already passed, you will be required to enter a Business Day in the future.
A Business Day is defined as Monday through Friday up to 7:00 pm (Central Time) excluding bank holidays.
All authorized payments will be processed on the Business Day you select. The payment will be sent electronically or by mail on the next Business Day.
You agree that, in order to qualify for the Online Bill Pay Guarantee, explained below, each Process Date you select will be at least seven (7) Business Days before the actual "payment due date".
Subject to the limitations in this Agreement, if the Bank fails to send a payment according to the payment instructions received, the Bank will bear responsibility for late charges.
Merchant or Payee Limitations
The Bank reserves the right to refuse to pay any person or entity to whom you may direct a payment. The Bank is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. However, this notification is not required if you attempt one of the following types of payments, which are prohibited under this Agreement.
- Payments to settle securities transactions
- Payments to payoff special or delayed financing for purchases
- Payments to credit counseling agencies who pay creditors on your behalf
- Payments to payees outside of the United States
- Court-ordered payments such as alimony, child support, speeding tickets, etc.
- Payments to taxing entities
- Payments to collection agencies.
Bill payments are limited to $25,000 maximum per payment, $1.00 minimum, and other such limitations may be determined by us from time to time.
Stopping Preauthorized Payments from Your Account
If you have told us to make payments out of your account and you wish to cancel any of these payments, you may do so in the Pending Payments tab in Online Bill Pay for any payments that appear in the list of upcoming payments. Payments can be canceled on or before the Process Date up until the time they are processed. If you properly submit a request for us to stop one of these payments in accordance with the above, and we do not do so, we will be liable for your losses or damages.
For Payments Made Via Paper Check Only - If a payment was processed via a paper check, it can be stopped through the stop payment process by calling the ExpressBank.
In the Event You have Insufficient Funds
In using Online Bill Pay, you are requesting the Bank to make payments for you from one or more of your transaction accounts at the Bank. If your account has insufficient funds on the Process Date, the payment transaction may not be completed.
- For Payments Made Electronically – If there are insufficient funds in your transaction account on the Process Date, we will attempt to process the payment again on the next two Business Days. If there are still insufficient funds, the payment transaction will not be completed.
- For Payments Made Via Paper Check – The payment will be processed even if there are not sufficient funds in the transaction account on the Process Date. Therefore, you need to make sure sufficient funds are in your transaction account at the time the paper check is presented to avoid fees.
In any event, you are responsible for monitoring the status of payments you direct us to make from your account(s).
Liability for Failure to Make Payments
As long as you have selected a Process Date at least seven Business Days prior to the “payment due date,” the Bank will pay your bill timely. If we do not initiate a payment on time or in the correct amount, we will be liable for your late fees, according to our Agreement with you and as provided by law. However, there are some exceptions to this liability. For instance, we will not be liable in the following circumstances:
- If through no fault of ours, you do not have enough funds in your account to make the payment;
- The equipment or software used by the Bank to provide the Online Bill Pay service was not working properly and you knew or were advised by the Bank about the malfunction before you executed the transaction;
- You have not provided the Bank with the correct names or account information for those persons or entities to whom you wish to direct payment:
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction despite the reasonable precautions we have taken;
- You have reported your Password as lost or stolen or we suspect your Password is being used in an unauthorized or fraudulent manner;
- Your Online Bill Pay Service has been cancelled;
- The funds in your account are unavailable because of garnishment, levy, or other hold requirements imposed upon us by law or by a government agency or court orders.
- The payee has chosen not to participate in the Online Bill Pay Service.
- A provision in the depository agreement governing your account, or another agreement between you and the Bank, creates an exception to our liability under this section.
Under no circumstances will we have any liability to you for failing to provide you access to your accounts through Online Bill Pay. Furthermore, unless otherwise required by applicable law, we are only responsible for performing services as expressly stated in this Agreement and in no event will we or our affiliates be liable to you for special, indirect, punitive, or consequential damages including, without limitation, lost profits and attorney's fees, even if we are advised in advance of the possibility of such damages.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
- is not in accordance with any term or condition applicable to the Service or any related account;
- would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
- would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; or
- is not in accordance with any other requirement of our applicable policies, procedures or practices.
External Transfer Services can be used to transfer funds between an Eligible Account and one or more External Accounts. An Eligible Account is any checking, savings or money market account owned by you and held by us, to which you have access via Digital Banking. An External Account is an account you own and hold at a financial institution in the United States, other than with us. An External Transfer is a transfer to an External Account from your Eligible Account, or a transfer to your Eligible Account from an External Account. To activate External Transfer Services you must have at least one Eligible Account. Your use of the External Transfer Services constitutes your agreement to be bound by the terms of this Agreement.
Charges For This Service
You agree to pay fees for External Transfers as set forth in our Summary of Fees, as amended from time to time. The fee for each External Transfer will be disclosed to you within Online Banking before you submit a request for an External Transfer. You agree to pay the fee as disclosed. For other fees applicable to your deposit account, please see your depository agreement, Summary of Fees and Simple Guide. You authorize us to deduct the amount of each fee from your Eligible Account.
A transfer to or from an External Account may be made in an amount up to a daily external transfer limit. You can find your daily external transfer limit amount on the Transfer Details screen.
Transfer Authorization and Processing
- As a user of External Transfer Services, you represent and warrant that you are a named owner of each External Account, you have all necessary legal right, power and authority to transfer funds from each External Account, and that each External Account is located in the United States.
- You will use External Transfer Services in accordance with the process set forth in Online Banking. When you request an External Transfer from your Eligible Account, you authorize us to debit your Eligible Account and remit funds on your behalf to the External Account designated by you. You also authorize us to reverse a credit to your External Account if the transaction is returned for any reason, including but not limited to insufficient funds, errors or for security reasons.
- It is your responsibility to ensure the accuracy of all information that you provide through Online Banking when you request an External Transfer, and that you inform 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 transfer made to the wrong account once we receive notice of the error and have a reasonable opportunity to act on it. However, we do not guarantee that we can stop or recover such a transfer, and we will have no responsibility or liability for any damages you may suffer as a result of incorrect information that you provided in connection with External Transfer Services.
- You may not use a P.O. Box as a postal address when making or receiving an External Transfer.
Processing and Delivery Timeframes
All delivery timeframes are estimated and not guaranteed.
Outgoing External Transfers:
Transfers submitted before the 10 p.m. Central Time Business Day cutoff time from a BOKF account to an External Account can take up to three (3) Business Days for the funds to be credited to the External Account, following the date of the External Transfer. Funds availability in the External Account depends upon the external financial institution’s funds availability policy. The funds for the transfer will be debited from your BOKF account on the Transfer Date, which is the date the funds move out of your account.
Incoming External Transfers:
Transfers submitted before the 10 p.m. Central Time Business Day cutoff time from an External Account to your BOKF account will be available for use at the end of the third Business Day following the transfer date. The funds for the transfer will be credited to your BOKF account on the transfer date with a hold on the funds. The hold will be removed and the funds made available during nightly processing on the third (3rd) Business Day following the transfer date.
Canceling a Transfer
One-time, same-day External Transfers cannot be canceled once the transfer has been submitted. Future-dated External Transfers can be canceled via Online or Mobile Banking prior to the scheduled transfer date.
In the Event You have Insufficient Funds
In initiating an outbound External Transfer, you are requesting us to make a payment for you from your Eligible Account. If you attempt to transfer an amount larger than your Available Balance, and you have chosen to opt in to ATM and everyday debit card transactions, we, in our discretion, may permit the transfer of the amount over and above the amount of your Available Balance, in which case you will be charged an Overdraft Fee in accordance with the terms of the Agreements & Disclosures governing your deposit account. You are responsible for monitoring the status of transactions on your account.
Liability for Failure to Make Transfers
We will use reasonable efforts to make all your External Transfers properly. However, we shall incur no liability if we are unable to complete any External Transfer initiated by you under any one or more of the following circumstances:
- If, through no fault of ours, your account does not contain sufficient funds to complete the External Transfer or the External Transfer would exceed the credit limit of any overdraft line of credit that may be available to you;
- External Transfer Services is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The External Transfer is refused as described below;
- You have not provided us with the correct information, including but not limited to the correct information for the account to which, or from which, the External Transfer was intended to be made; and/or
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s) at which an External Account is held, or interference from an outside force) prevent the proper execution of the External Transfer and we have taken reasonable precautions to avoid those circumstances.
Under no circumstances will we have any liability to you for failing to provide you access to your accounts to conduct an External Transfer. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing External Transfers as expressly stated in this Agreement.
Unless otherwise required by law, in no event will we or our affiliates be liable to you for special, indirect, punitive, or consequential damages including, without limitation, lost profits and attorney's fees, even if we are advised in advance of the possibility of such damages.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
- is not in accordance with any term or condition applicable to External Transfer Services or any related account;
- would result in our exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
- would violate any applicable provision of any risk control program of the Federal Reserve or any applicable law, rule, or regulation of any other federal or state regulatory authority; or
- is not in accordance with any other requirement of our applicable policies, procedures or practices.
We reserve the right to refuse any External Transfer. We will notify you promptly if we decide to refuse to transfer funds per a requested External Transfer. However, this notification is not required if you attempt to make a transfer prohibited under this section of this Agreement.
You understand that External Transfers may be returned for various reasons (for example, because the number of the account intended to receive the External Transfer is not valid, or because of insufficient funds in the account from which the External Transfer is to be made). We will use reasonable efforts to research and correct the External Transfer to the intended account or void the External Transfer and credit the account from which the External Transfer was made. If through reasonable efforts we are not able to correct the External Transfer, we will incur no liability.
Errors and Questions
In case of errors and questions about your Electronic Transfers or payments, you should contact us as soon as possible by:
- Telephoning us at: (800) 234-6181
- Writing us at: BOKF Online Banking Service, P.O. Box 2300, Tulsa, OK 74192
- Sending us a Secure Message: Logon to Online Banking and click “Message Center” to send us a message.
If you think that your statement is wrong or you need more information about a transfer listed on the statement, you must notify us no later than sixty (60) days after the date on the first statement on which the problem or error appeared. You must:
- Tell us your name and account number;
- Describe the error or the transfer you are unsure about, and explain as clearly as you can, why you believe it is an error or why you need more information; and
- Tell us the dollar amount of the suspected error.
If you report anything about this Agreement or Online Bill Pay or the External Transfer Service orally, we may require that you send your report in writing within ten (10) Business Days. You agree to assist us in the discovery and resolution of issues related to errors or unauthorized use.
You agree that the Bank reserves the right to obtain financial information regarding your account from a merchant, another payee or a financial institution to address payment-posting problems.
Except as noted below, 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 to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes 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 are not required to credit your account.
Special Rules for New Customers:
If you are a new customer, for transfers occurring within thirty (30) days after the first deposit in your account, we will determine if an error occurred within twenty (20) Business Days after we hear from you. However, if needed, we may take up to ninety (90) days to investigate your complaint or question. If we decide the additional time is necessary, we will credit your account within twenty (20) Business Days for the amount you think is in error so that you will have the use of the money while we complete our investigation. We will tell you the results within three (3) 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.
Your Liability for Unauthorized Payments and Transfers
If you tell us within sixty (60) days of an unauthorized transaction first appearing on your statement which we verify is unauthorized, you shall have no liability for unauthorized use of Online Bill Pay or the External Transfer Service. Tell us at once if you discover your Password has been lost or stolen or your account is otherwise subject to access. If you do not tell us within sixty (60) days after the statement containing an unauthorized transaction was mailed to you, you may lose any amount transferred without your authorization after sixty (60) days if we can prove that we could have stopped someone from making the unauthorized transfer if you had told us on time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or the transfers you make only in the following situations:
- Where it is necessary for completing transfers.
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant.
- In order to comply with a governmental agency or court order.
- If you give us your written permission.
Documentation of Transfers
You will get a monthly account statement documenting your transfers. However, with respect to a savings account, if there are no electronic funds transfers in a particular month, you may not get a statement monthly but you will get a statement at least quarterly.
Limitations on Transfers
Federal regulations require limitations on the frequency of preauthorized and "Telephone Transfers" from savings accounts and money market deposit accounts. ("Telephone Transfers" as used in this paragraph refers to transfers initiated through Online Banking, Online Bill Pay, ExpressBank and transfers initiated by telephoning the Bank and instructing the Bank personnel to transfer funds from your savings or money market deposit accounts). Additional information regarding limitations on transfers is included in the depository agreement and/or the Simple Guide applicable to your account.
Termination or Discontinuation
In the event you wish to discontinue Online Bill Pay and/or External Transfer Services, you must contact the Bank in writing or call ExpressBank. Written notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuation date and must be sent to:
BOK Financial Online Banking Service
P.O. Box 2300
Tulsa, OK 74192
The Bank may terminate use of Online Bill Pay or External Transfer Services by any individual at any time. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
The mobile remote deposit capture service ("Mobile Deposit Service") is designed to allow depository account customers to make deposits to your checking, savings, money market, or small business account(s) from home or other remote locations by scanning checks and delivering the images and associated deposit information to BOKF or BOKF's designated processor. You can access the Mobile Deposit Service through Mobile Banking, and your use of the Mobile Deposit Service constitutes your agreement to be bound by the terms of this Agreement.
Security of your Mobile Device and Account Information
You are responsible for (i) maintaining the confidentiality and security of your mobile devices, access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used by you to access the Mobile Deposit Service (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Mobile Deposit Service (collectively, "Account Information"). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data entered using the Access Information. Any such communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft, or unauthorized use of any Access Information, including your mobile devices. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft, or unauthorized use of Access Information has occurred.
Limitations of Service
The Mobile Deposit Service might not be available from time to time due to maintenance, technical problems, or other reasons. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in service. We are not responsible if the Mobile Deposit Service is not available, and we do not assume responsibility for any technical or other difficulties or any resulting damages that you may incur.
The Mobile Deposit Service has qualification requirements and limitations on use, and we reserve the right to change the qualifications or limitations at any time without prior notice. We reserve the right to change, suspend, or discontinue the Mobile Deposit Service, in whole or in part, or your use of the Mobile Deposit Service, in whole or in part, immediately and at any time without prior notice to you.
Hardware and Software
The Mobile Deposit Service requires you to use an Apple iPhone, Android device, or BlackBerry smartphone (“mobile device”) in order to make a deposit and transmit the image(s). You also must obtain and maintain, at your expense, compatible hardware and software as specified by BOKF from time to time. BOKF is not responsible for any third party software 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. You agree to be solely responsible for the operation and maintenance of all equipment used as part of this Agreement.
Although the Bank does not charge a fee for use of the Mobile Deposit Service, you understand and agree that you may incur expenses related to the use of the Mobile Deposit Service including, but not limited to, account fees, service fees and/or data charges or rates imposed by your internet service provider and/or your wireless carrier.
Eligible Items and Endorsements
You agree to scan (capture) and remotely deposit only items which are acceptable to the Bank for deposit into your deposit account (“Eligible Items”). You agree to deposit only checks, as that term is defined in Federal Reserve Board Regulation CC, 12 CFR § 229.2 ("Reg. CC"), that are payable to you. When the image of the Check is transmitted to BOKF, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that the Check or Item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J or Federal Reserve Bank operating circulars.
Please endorse the back of your paper Check as follows prior to remotely depositing:
For Deposit Only
BOKF Account # ----
You agree that you will not use the Mobile Deposit Service to scan (capture) and deposit any Checks or other Items as shown below, which shall be considered ineligible items (“Ineligible Items”):
- Checks or Items 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, 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 or Items previously converted to a substitute check, as defined in Reg. CC. (In order to be the legal equivalent of an original check, a substitute check must (1) accurately represent all of the information from the front and back of the original check at the time it was truncated; and (2) bear the legend, “This is a legal copy of your check. You can use it the same way you would use the original check.”).
- Checks or Items drawn on a financial institution located outside the United States.
- Checks that are authorized over the telephone and created remotely (i.e. remotely created checks). Reg. CC defines remotely created check as a check that is not created by the paying bank and that does not bear a signature applied, or purportedly to be applied, by the person on whose account the check is drawn.
- Checks or Items not payable in United States currency.
- Checks or Items dated more than six (6) months prior to the date of deposit.
- Checks or Items prohibited by the Bank's current procedures relating to the Mobile Deposit Service or which are otherwise not acceptable under the terms and conditions of your account.
- Checks or Items “payable through” a bank identified in the Item or “payable at” a bank identified in the Item, as described in Reg. CC.
- Checks or Items with any endorsement on the back other than as specified above.
- Checks or Items that have previously been submitted through the Mobile Deposit Service or through a remote deposit capture service offered at any other financial institution.
- Checks or Items that are drawn or otherwise issued by the U.S. Treasury Department.
- Traveler’s checks.
- Money orders.
- Savings bonds.
- Checks or Items attempted to be submitted when you are outside the United States.
Nothing in this Agreement shall be construed as requiring BOKF to accept any Check or Item for deposit, even if BOKF has accepted that type of Check or Item previously. Nor shall BOKF be required to identify or reject any Checks or Items that you may capture and deposit that fail to meet the requirements of this Agreement.
Receipt of Items
We reserve the right to reject any item transmitted through the Mobile Deposit Service, at our discretion, without liability to you. We are not responsible for Items 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 BOKF 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. We further reserve the right to charge back to your account at any time, any Item that we subsequently determine was not an Eligible Item. You agree that the Bank is not liable for any loss, costs or fees you may incur as a result of our charge back of an Ineligible Item.
Provisional Credit and Availability of Funds
Upon acceptance of the image, the Bank shall grant your account provisional credit. The provisional credit means that the credit is made to your account subject to final payment of the items and subject to the terms of the depository agreement governing your account.
You agree to follow any and all procedures and instructions for use of the Mobile Deposit Service as the Bank may establish from time to time.
The image of a Check or an Item transmitted to BOKF using the Mobile Deposit Service must be legible, as determined in the sole discretion of BOKF. Without limiting the foregoing, the image quality of the Items must comply with the requirements established from time to time by BOKF, the American National Standards Institute, the Board of Governors of the Federal Reserve Board, any other regulatory agency, clearing house or association or any higher standard set by us.
The order and manner in which Checks and Items are cleared, presented for payment, and collected shall be in BOKF’s sole discretion as set forth in the Agreements and Disclosures (depository agreement) governing your account.
Availability of Funds
You agree that Items transmitted using the Mobile Deposit Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Mobile Deposit Service will be available after the Bank receives payment for the funds submitted. The Bank may make such funds available sooner based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as the Bank, in its sole discretion, deems relevant. An Item shall be deemed accepted when your online deposit history shows that your item has been accepted for deposit. If your deposit was accepted prior to 10:00 p.m. central time, your deposit will generally be available to you the next Business Day. Deposits made after 10:00 p.m. central time, or on weekends or holidays, will generally be processed the following Business Day with availability the day following processing. All deposits are subject to review and funds from you deposit may take up to 5 days to be available.
Disposal of Transmitted Items
Once your online deposit history shows that your Check or Item has been accepted, you agree to retain the Check or Item for at least seven (7) calendar days from the date of the image transmission. After seven (7) days, you agree to destroy the Check that you transmitted as an Image, mark it "VOID" or otherwise render it incapable of further transmission, deposit or presentment. During the time the retained Check is available, you agree to promptly provide it to the Bank upon request to aid in the clearing and collection process, to resolve claims by third parties with respect to any Item or for the Bank’s audit purposes.
You agree never to re-present to us or any other party a Check or Item that has been deposited through Mobile Deposit unless we previously notified you that the Check or Item cannot be deposited via Mobile Deposit. In such an instance, the Check may be deposited in-person, by mail, or in an eligible ATM machine.
We may establish limits on the dollar amount and/or number of items or deposits that you transmit using the Mobile Deposit Service and to modify such limits at any time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. Any deposit which exceeds the Mobile Deposit Service's eligible deposit limit will be rejected and must be deposited by means other than the Mobile Deposit Service.
You agree to notify BOKF of any suspected errors regarding items deposited through the Mobile Deposit Service right away, and in no event later than 30 days after the applicable BOKF account statement is sent. Unless you notify BOKF within 60 days, such statement regarding all deposits made through the Mobile Deposit Service shall be deemed correct, and you are prohibited from bringing a claim against BOKF for such alleged error.
Errors in Transmission
By using the Mobile Deposit Service, you accept the risk that an Item may be intercepted or misdirected during transmission. BOKF bears no liability to you or others for any such intercepted or misdirected Items or information disclosed through such errors.
User Warranties and Indemnification
You warrant to BOKF that:
- You will only transmit Eligible Checks and Items that you are entitled to enforce. All Checks and Items will include all signatures required for their negotiation. The signatures shall be genuine and authorized.
- Images will meet BOKF’s image quality standards in effect from time to time.
- You will not transmit an image or images of the same Check or Item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such Check or Item with any other party.
- All information you provide to BOKF is accurate and true, including all images transmitted to us accurately reflect the front and back of the Check or Item at the time the image was captured.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You are not aware of any factor which may impair the collectability of the item.
- You will use the Mobile Deposit Service only for your own deposits and will not allow the use of the Service by or for the benefit of any third party.
You agree to indemnify and hold harmless BOKF from any claim or loss related to a breach of this warranty provision or any of the other terms of this Agreement.
Any breach of the above warranties may result in cancellation of the Mobile Deposit Service or closure of your account(s).
Any “memo” field completed on a Check will be only for your use and future reference. We will not review or be obligated by anything you enter into this field. Do not include sensitive or confidential information like social security or account numbers in the “memo” field.
Changes in Service
We reserve the right to terminate, modify, add, and remove features from the Digital Banking Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes.
Maintenance to the Service
Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors.
Cooperation with Investigations
You agree to cooperate with us 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 the Mobile Deposit Service in your possession and your records relating to such items and transmissions.
We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Service in a manner inconsistent with the terms of your depository agreement or any other agreement with us.
We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Ownership & License
You agree that BOKF retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to BOKF’s business interest, or (iii) to BOKF’s actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
DISCLAIMER OF WARRANTIES
YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BOKF HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
Termination or Refusal By Us
We reserve the right to refuse to honor an instruction or suspend or terminate the Service, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if: (a) we have reason to believe that your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your access information; or (b) we believe the Service is not being used for its intended, bona fide and lawful purposes under this Agreement or any other agreement you have with BOKF; (c) we have reason to believe the Service is being used in an anti-competitive manner or contrary to BOKF’s business interests; or (d) your account is closed or access to your account is restricted for any reason. Termination will not affect your liability or obligations under this Agreement or any other agreements you have with us.
No Third Party Beneficiary
This is not a third party beneficiary contract. No person or entity other than you and BOKF shall have any rights under this Agreement.
You agree that you will not use the Service in locations that are prohibited under U.S. law or regulations, including laws and regulations issued by the Office of Foreign Assets Control.
Governing Law and Other Terms
You may not assign this Agreement. This Agreement shall be governed by federal law and, where applicable, by the laws of the state governing your account whether or not you live in that state or use the Service in that state. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
In the event of a dispute regarding the Service, you and the Bank agree to resolve the dispute pursuant to the applicable provisions in the depository agreement governing your account. You agree that this Agreement supersedes any prior agreement, representation or warranty, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement except to the extent that this Agreement may be subsequently modified by the Bank under the Alterations and Amendments section of this Agreement. If there is a conflict between what a Bank employee says and the terms of this Agreement, the terms of this Agreement shall control.
Alterations and Amendments
You agree we may provide you with all disclosures, notices and other communications about the Service and any future amendments, in electronic form. The terms of this Agreement, applicable fees and service charges may be altered or amended by the Bank from time to time. In such event, the Bank will post the amended terms or conditions in Online Banking and Mobile Banking and they will be accessible to you after log in. Any use of the Service after the Bank posts a change will constitute your agreement to such change(s).
A printable copy of this Agreement is available on the Bank’s Web Site. We encourage you to print and save a copy of this Agreement for your records.
You may not assign this Agreement to any other party. The Bank may assign this Agreement at any time. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank 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 right or remedies on future occasions.
The captions of Sections are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
In the event any provisions of this Agreement, or the application of such provisions to any person or set of circumstances, shall be determined to be invalid, unlawful, or unenforceable, to any extent for any reason, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, or unenforceable, shall not be affected and shall continue to be enforceable to the fullest extent permitted by law. This Agreement shall not be interpreted strictly for or against any party, but solely in accordance with the fair meaning of the provisions hereof to effectuate the purposes and intent of this Agreement.
Please note that this Glossary is only for reference purposes and does not include all defined terms contained in this Agreement. Please see the body of this Agreement for additional defined terms and for more information regarding the terms contained below.
|Access Information||Any access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used by you to access the Mobile Deposit Service.|
|Account Information||Information, files or data that you store, transmit or use in or with the Mobile Deposit Service.|
|Business Day||Monday through Friday, excluding bank holidays.|
|Eligible Account||Any checking, savings or money market account owned by you and held by us, to which you have access via Digital Banking.|
|External Account||An account you own and hold at a financial institution in the United States, other than with us.|
|External Transfer||A transfer to an External Account from your Eligible Account, or a transfer to your Eligible Account from an External Account.|
|Process Date||The Business Day you request the Bank to process a payment via Online Banking.|
|Telephone Transfers||Transfers initiated through Online Banking, Online Bill Pay, ExpressBank and transfers initiated by telephoning the Bank and instructing the Bank personnel to transfer funds from your savings or money market deposit accounts.|
|Transfer Date||The date funds move out of your account as a result of an External Transfer.|