- Bill Payment Services.
- Bill Payment Services are available through Online Banking Services, and may be made available via the
optional Mobile Banking Services at Bank's sole discretion. Bill Payment Services allow me to
instruct the Bank to transfer funds, either by electronic transfer (such as Automated Clearing House
("ACH")) or by check, to the Payee (each individual transfer being a Bill Payment or Payment).
Unless otherwise required by law, the Bank is responsible only for using ordinary care in processing
and sending Bill Payments I authorize according to this Agreement.
- The Bank is not liable for any of my losses or damages under the following conditions:
- If I do not have sufficient funds in my account to make the Bill Payment on the date a
Payment is scheduled to be sent.
- If I do not allow adequate time between the date a Bill Payment is scheduled to be sent and
the due date, as suggested on the Online Banking Services web page I access for Bill Payment
- For the failure of any Bill Payment Payee to correctly account for or credit the Bill Payment
in a timely manner.
- For any Bill Payment I authorize that contains an error with regard to the identifying
information of the Payee, including the refusal of any such unintended Payee to return any
funds transferred as a result of such error.
- For changes to a third party's account name or number or other identifying information if
funds are being transferred to the account of that third party, unless I have advised the Bank
of the change sufficiently in advance.
- If Bank has placed a "hold" on any funds in my Deposit Account(s) in accordance with
Bank's rights under applicable laws or any other agreements between Bank and me.
- If a court order, such as garnishment or other legal process, prevents Bank from making a
- If Bank has a reasonable basis for believing that I know or should know that unauthorized
use of my User ID, my Password, my AAI or my account(s) has occurred or may be
- If I default under this Agreement, the Deposit Account Agreement, a credit agreement, or
any other agreement with Bank.
- If Bank or I terminate this Agreement.
- For any other circumstances beyond the control of the Bank that prevented the Bill
Payment, despite reasonable precautions that the Bank has taken, including but not limited
to circumstances such as telecommunications outages, power outages, equipment failures,
postal strikes, delays caused by other financial institutions, fires and floods.
- All Bill Payments must be payable in U.S. dollars to a Payee located in U.S. states and territories
and Canadian provinces listed in Online Banking Services. Bank may (i) restrict categories of Payees to
whom Payments may be sent, and (ii) refuse to pay any payee for any reason at the Bank's
- I must allow sufficient time for my Payment to reach the Payee so that it may be processed prior
to the due date, excluding any applicable grace period. Bank strongly recommends that I allow
adequate time between the date a Payment is scheduled to be sent and the due date, as
suggested on the Online Banking Services web page I access for Bill Payment Services. If I schedule my
Payment following all Bank instructions and requirements, including allowing adequate time
between the date a Payment is scheduled to be sent and the due date, as suggested on the Online Banking Services web page, and so long as none of the scenarios or circumstances described in
Section IV.A.(1) occur, if the Payment is not applied or credited by the Payee in a timely manner,
Bank will reasonably work on my behalf to attempt to resolve the matter, and will pay for any late
fees and finance charges that occur due to late credit or application of a Payment.
- If the Deposit Account designated by me to provide funds for a Payment does not have sufficient
funds to cover the Payment, Bank can attempt to advance the necessary funds from my overdraft
protection account. However, if my overdraft protection account does not have sufficient funds to
make the entire Payment, the Bank can reject the Payment without liability. If I have any questions
regarding a rejection, I may contact one of the Bank's Internet Banking Specialists at 1-877-714-
- I understand that Bank reserves the right to delete my list of Payees if I have not used Bill
Payment Services for an extended period of time (as determined by the Bank). If deleted, I must retype
the Payee list to use Bill Payment Services again.
- I must refer to the Online Banking Services web page for information regarding cut-off times for
- Optional Online Statement Delivery; Electronic Mail ("e-mail") Communications from Bank;
Optional E-mail Services
- Optional Online Statement Delivery:
I understand that I can choose to receive online statement delivery instead of paper-based
statement delivery for my account statements ("Online Statement Delivery"). If I select Online
Statement Delivery as an option for my profile in Online Banking Services, I understand and acknowledge
that I will thereafter receive all statements, notices and disclosures in electronic form for any of my
current Bank accounts that I select, or any future Bank accounts I open with the Bank. I understand
that Online Statement Delivery is also governed by the separate E-SIGN Disclosures and Agreement, available on www.frostbank.com. I understand that instead of receiving a
paper statement each month for each of my accounts, I will receive an e-mail notice to be delivered
to my Primary E-mail Address (defined below) when my account statements are available to view
via Online Banking Services. I understand that these e-mail notices will be sent to me and all signors on
each account who have also registered for Online Statement Delivery. I may access my
statements and disclosures by logging into Online Banking Services and selecting the appropriate links to
view my statements or disclosures. Bank will maintain online access to each electronic statement
and disclosure for a period of at least ninety (90) days from the date on which the electronic
statement or disclosure is first made available via Online Banking Services.
I understand that Online Statement Delivery will continue for all of my current and any future
accounts with Bank until such statement delivery options are changed by me or changed at the
Bank's discretion (with Bank providing written notice to me of such change at Bank's discretion).
I understand that Online Statement Delivery will consist of the same information that is contained in
paper statements received in the regular mail, subject to the following conditions:
- If I currently receive imaged copies of my checks with my paper statement, the same imaged
copies will be available electronically via Online Banking Services.
- If I currently do not receive imaged checks with my paper statement, then check images will not
be available with my electronic statement via Online Banking Services.
- If I currently receive a CD-ROM Image Archive, a text version of my statement will be available
via Online Banking Services. I will continue to receive by mail the CD-ROM containing the imaged copies
of my checks.
I understand that any changes I request with respect to starting or cancelling Online Statement Delivery
will become effective within two (2) statement cycles from the time the request is received by the Bank.
Bank will not impose any fees for the cancellation of Online Statement Delivery, however, certain
statement fees may apply subject to the current Bank Schedule. I also understand that I will need to
meet all of the equipment, access and system requirements set forth in Section III.A. to access Online Banking Services and Mobile Banking Services, and to view and print any statements, notices and
disclosures for Online Statement Delivery.
- E-mail Communications From Bank:
As part of my registration for Online Banking Services, I am providing Bank with my Internet e-mail address
that Bank anticipates using for delivery of Online Banking Services ("Primary E-mail Address"), to provide
notification of updates and changes to Online Banking Services, and to provide statements, notices and
disclosures via Online Statement Delivery (if I select that option). In addition, by accepting this
Agreement, I agree to receive all disclosures, notices and other communications about Online Banking
Services, including amendments to this Agreement, in electronic form as further set forth and
described in Section VII below. If I do not wish to receive such notices and communications about
Online Banking Services via electronic delivery, I must follow the requirements for cancellation as set forth
in Section VII.A. below. I understand that it is my responsibility to update my Primary E-mail Address
(and any Secondary E-mail Address, as defined below) to ensure proper delivery of e-mails. Should
I change my Primary E-mail Address for any reason, I will notify Bank immediately to ensure that Online Banking Services and communication between myself and Bank are not interrupted. I can change my
Primary E-mail Address by accessing Online Banking Services. If I cannot enter the change through Online Banking Services, I may e-mail Bank at email@example.com, call a Bank representative at 1-877-
714-4932, or write to Bank at Internet Banking Service Center, P.O. Box 1600, San Antonio, TX
I understand that Bank strongly encourages me to provide Bank with a second e-mail address,
different from my Primary E-mail Address, as a back-up address ("Secondary E-mail Address"). In
the event that an e-mail delivery regarding my statement to my Primary E-mail address fails, Bank
will attempt to send such e-mail regarding my statement to my Secondary E-mail Address. If the
attempt to send such e-mail regarding my statement to my Secondary E-mail Address fails, or if I do
not have a Secondary E-mail Address on file, the e-mail regarding my statement will be deemed
delivered to me when it is e-mailed or otherwise made available to me. It is my responsibility to keep
my Primary E-mail Address and any Secondary E-mail Address on file with Bank accurate at all
times. I understand that by selecting the Online Statement Disclosure option via Online Banking Services, I
am also verifying that as of the date of such selection that I have provided Bank with my most
current physical address information, and that I agree to promptly provide Bank notice of any
changes or updates to my physical address. I understand that any undeliverable e-mail notifications
will be sent to my physical address if either (a) an attempt to send the same e-mail notice to any
Secondary E-mail Address fails, or (b) I do not have a Secondary E-mail Address listed. If I choose
to pick up my statements at a Frost financial center, I understand that any physical notice will be
kept for me in the event that attempts to deliver notices to the Primary or Secondary E-mail
I understand that I will need to meet all of the equipment, access and system requirements set forth
in Section III.A. to access Online Banking Services and Mobile Banking Services, and to view and print any
e-mail statements, notices and disclosures for Online Banking Services.
I acknowledge and agree that because e-mail is not secure, and due to the inability to verify identity
via e-mail, Bank will not use e-mail to perform transactions on my account(s) unless Bank is able to
validate the request by other means of communication with Bank. I understand that the Bank is only
required to attempt re-delivery of failed e-mails originally sent to my Primary E-mail Address in the
manner stated above. I further understand and agree that Bank will not be liable for any loss or
damage incurred by me when an unauthorized person gains access to any such e-mail (see security
procedures and warnings in Section III.B.). I AGREE TO INDEMNIFY THE BANK AND HOLD THE
BANK HARMLESS IF THE BANK ACTS WITH ORDINARY DUE CARE AND IN GOOD FAITH IN
RESPONDING TO ANY E-MAIL PURPORTED TO BE SENT BY ME. I can send secure messages
to Bank over the Internet by logging into Online Banking Services with my User ID, Password and AAI and
selecting the "Request Assistance" link. Bank's use of its normal security procedures for
maintaining confidentiality and security of information shall constitute fulfillment of Bank's
obligations to exercise due care.
- Activation of Optional E-mail Services through Online Banking Services:
E-mail Services are available through Online Banking Services. Bank may make additional E-Mail
Services available in the future. I understand that I may activate any of the E-Mail Services, and that
my selected E-Mail Services will be effective after activation by my making selections in Online Banking Services. I accept and acknowledge that each E-Mail Service may not be encrypted, and because
such E-Mail Services are not encrypted, Bank will never include my User ID, Password, or full
account number. However, E-Mail Services may include my name and information about my
account(s), such as the last four digits of my account number, or specific account transaction
information. I acknowledge that transmission of the masked account number and specific
information including but not limited to dollar amounts, or individual Payees and payers,
does not constitute transmission of personal or private information, and I hereby authorize
Bank to send such information via e-mail to my Primary E-mail Address provided to Bank.
BANK SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING FROM NONDELIVERY,
DELAYED DELIVERY, OR WRONG DELIVERY OF AN E-MAIL SERVICE; INACCURATE
CONTENT IN ANY E-MAIL SERVICE; ANY ACTIONS RESULTING FROM THE INTENTIONAL
OR UNINTENTIONAL DISCLOSURE OF ANY E-MAIL SERVICE OR ITS CONTENTS BY ME TO
ANY UNAUTHORIZED PERSON; OR MY USE OR RELIANCE ON THE CONTENTS OF ANY EMAIL
SERVICE FOR ANY PURPOSE. I also acknowledge that all of the terms and conditions
regarding e-mail communications stated in Section IV.B.(1) also apply to optional E-Mail Services.
- Optional Mobile Banking Services
- Mobile Banking Services Via Mobile Device's Web Browser and SMS Text Messaging:
This section of the Agreement governs my election to use the optional Mobile Banking Services that
are offered by Bank as part of Online Banking Services. While the Mobile Banking Services are currently
offered at no charge by Bank, I understand that if I decide to activate the Mobile Banking Services, I
am responsible for meeting all Mobile Device system requirements set forth in Section III.A.(2)
above, and for all associated costs and expenses, including, without limitation, all fees I incur for
data transfers and as a result of sending and receiving text messages through my Mobile Device
service. I understand that Mobile Banking Services are also governed by the agreement provisions contained in Section VII.A. of this Agreement and the separate E-SIGN Disclosures and Agreement. In addition, I understand that
transactions I conduct via Mobile Banking Services may also be subject to (a) applicable Bank imposed
fees (as set forth in other agreements I have with Frost), and (b) fees imposed by third
parties with whom I have entered into other agreements. I understand that Bank reserves the right
to assess fees or otherwise charge for Mobile Banking Services in the future upon prior written
notice of such fees or charges, with such prior written notice being sent in accordance with Section
I understand and acknowledge that the Mobile Banking Services allows me to conduct certain Online Banking Services via my Mobile Device. Bank, in its sole discretion, shall determine which Online Banking Services shall be included in the Mobile Banking Services. I understand that to obtain further details
regarding the scope of available optional Mobile Banking Services, I must visit
and access the information regarding Mobile Banking Services. From time to time, Bank may
develop additional Mobile Banking Services, and I understand that I will have the opportunity to
subscribe to them, provided that I have the necessary Mobile Device and related hardware and
By deciding to enroll in the optional Mobile Banking Services, I understand that I am providing
my express consent to Bank to permit Bank to contact me for account alerts, servicing, marketing and
fraud prevention purposes, and any other purposes as provided in this Agreement or under other applicable
Bank agreements, including the Bank’s Customer Privacy Statement. I understand that by selecting the optional Mobile Banking Services, I am agreeing that
Bank may transmit e-mail communications that I access via the web browser on my specified Mobile Device
and/or SMS text messages directly to my specified Mobile Device that contain certain information and
alerts about the accounts I select. SMS text messages may be sent in response to SMS text messages
Bank receives from my specified Mobile Device or, in some cases, upon the occurrence of a pre-defined
condition related to my account (for example, a low balance, overdraft or receipt of deposit). Bank will not provide offers, advertisements, or other marketing content through text messages or auto-dialed or prerecorded telephone calls unless I complete a separate consent form authorizing Bank to send such messages. I also
agree and acknowledge that account alerts sent via e-mail communications accessed via the web browser
on Mobile Device and/or via SMS text messages will be sent to any and all signors on the account who
have registered for the Mobile Banking Service, provided they have given Bank a valid telephone number
for a Mobile Device, and have subscribed to the applicable alert. I understand that I am solely responsible
for all costs assessed by my Mobile Device service provider for receiving SMS messages or other data on my
I understand that I must complete the entire registration process as outlined at
including an affirmative statement that my Mobile Device meets the Bank's minimum system
requirements. I also understand that I will need to meet all of the equipment, access and system
requirements set forth in Section III.A. to access Mobile Banking Services, and to view and print any
e-mail statements, notices and disclosures for Mobile Banking Services.
All communications and text messages transmitted to Bank using the Mobile Banking Services are
not confidential and are deemed to be the Bank's property. Bank may provide me information,
offers, advertisements, links or other materials maintained or offered by third parties in accordance
with the terms of this Agreement, applicable law and Bank's Customer Privacy Statement. Bank will not provide offers, advertisements, or other marketing content through text messages or auto-dialed or prerecorded telephone calls unless I complete a separate consent form authorizing Bank to send such messages. Bank does not
control or endorse in any respect any information, products or services maintained or offered by
such third parties. I understand that my use of third party content or the purchase of third party
products or services is at my own risk. I also acknowledge that the privacy policies of other third
party businesses providing any information, services or products in relation to or through the Mobile
Banking Services may be different than those of Bank and I should review those policies before
engaging in a transaction or providing any personally identifiable information to such business.
As part of my registration for the Mobile Banking Services, I understand that I must certify that I am a
customer of Bank, and I agree to provide a valid U.S. telephone number, including the area code, for
my Mobile Device that will be used for the Mobile Banking Services.
I understand that it is my responsibility to provide true, accurate, current and complete information
about myself when registering for the Mobile Banking Services and to maintain and promptly update
the registration data to keep it true, accurate, current and complete. Without limiting the foregoing, I
understand it is my responsibility to update my telephone number if and when it changes in order to
ensure proper delivery of Mobile Banking Services, including SMS text messages. If I change my
telephone number for any reason, I will notify Bank immediately to ensure that my Mobile Banking
Services and Bank's communications are not interrupted or inadvertently delivered to another
recipient who may be assigned my prior telephone number. I may change my phone number by
following the steps outlined at www.frostbank.com
- Additional Information Regarding SMS Text Messages.
The Mobile Banking Services includes the SMS text message feature which allows me to conduct
certain Online Banking Services using only the SMS text message feature on my Mobile Device. I
understand that I will need a SMS text message enabled Mobile Device to use the SMS text
message feature. I also understand that I do not need Internet access on my Mobile Device to use
the SMS text messaging feature.
- Non-Sufficient Funds Notification Service ("NSF Notification Service") and Non-Sufficient
Funds Display ("Display Service")
The NSF Notification Service is an optional E-Mail Service that is only available for Deposit Accounts
on which I am a signer. Bank, in its sole discretion, may decide to offer the NSF Notification Service as
part of its Mobile Banking Services. I understand that I can log into Online Banking Services and can use the
Display Service to view any NSFs, whether or not I have subscribed to the NSF Notification Service.
I understand that the NSF Notification Service and the Display Service are provided for my information
only. Bank makes no warranties or guarantees regarding the payment or non-payment of transactions,
checks or ACH transfers, reported through these services. Bank may choose, in its sole discretion to
pay some transactions rejected for NSF regardless of my account balance; I understand this does not
guarantee or imply that Bank will pay any further transactions rejected for NSF. The NSF Notifications
via e-mail (and via Mobile Banking Services, if applicable), and the Display Service, may not reflect a
complete list of all NSFs and may include NSF items that the Bank has already paid. Furthermore,
NSF transactions that Bank has already decided to pay may not be displayed in the Display Service,
and NSF items displayed may subsequently be paid by Bank.
Each NSF Notification Service e-mail (and notification via Mobile Banking Services, if applicable) is
subject to the terms and conditions listed in Section IV.B. and C. (if applicable) of this Agreement. I
agree and acknowledge that Bank is providing NSF Notification Service and Display Service for my
information and convenience only. I agree that Bank is not responsible if NSF information is not
available due to technical difficulties or circumstances beyond Bank's control. I also agree that
Bank is not liable for any Transactions appropriately rejected for NSF or for any service charges
or fees resulting from those Transactions or from NSF transactions paid by the Bank.
Optional Personal Finance Management Service
This section of the Agreement governs my election to use the optional Personal Finance Management Service that is offered by Bank as part of Online Banking Services. I understand that my use of the Personal Finance Management Service is subject to the terms and conditions of this Section IV(E). Proceeding with using the Personal Finance Management Service constitutes your assent to and acceptance of the terms and conditions contained herein.
The Personal Finance Management Service may include, but will not be limited to, the ability to aggregate and monitor your Frost account information and the ability to aggregate and monitor your non-Frost accounts upon you adding them to the Personal Finance Management Service. Frost, in its sole discretion, may change the scope of the Personal Finance Management Service from time to time. Please visit www.frostbank.com for a current list of features.
Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other financial institutions and you agree to not misrepresent your identity or your account information.
Proprietary Rights. You are permitted to use content delivered to you through the Personal Finance Management Service only on the Personal Finance Management Service. You may not copy, reproduce, distribute, or create derivative works from this content. You agree not to reverse engineer or reverse compile any of the Personal Finance Management Service technology, including but not limited to, any Java applets associated with the Personal Finance Management Service.
Content You Provide. You are licensing to Frost Bank and its service providers (“Service Provider”) any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Personal Finance Management Service. Bank and Service Provider may use, modify, display, distribute and create new material using such Content to provide the Personal Finance Management Service to you. By submitting Content, you expressly agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Bank and Service Provider may use the Content for the purposes set out herein.
Communications. By deciding to enroll in the optional Personal Finance Management Service, I understand that I am granting Frost and its affiliates permission to use data collected through the use of the Personal Finance Management Service and related data analytics to contact me for marketing purposes.
Third-Party Accounts. By using the Personal Finance Management Service, you authorize Bank and Service Provider to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Bank and Service Provider each a limited power of attorney, and you hereby appoint Bank and Service Provider each as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be clone in connection with such activities, as fully to all intents and purposes as you might or could do in person. Information you provide Frost for the Personal Finance Management Service, such as necessary account login information, passwords, or IDs to access third-party accounts, is not stored on your mobile device and is not stored by Frost. Such information will, however, be stored by Service Provider in order to periodically provide account updates for the Personal Finance Management Service. YOU ACKNOWLEDGE AND AGREE THAT WHEN BANK OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, BANK AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Personal Finance Management Service is not endorsed or sponsored by any third-party account providers accessible through the Personal Finance Management Service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PERSONAL FINANCE MANAGEMENT SERVICE IS AT YOUR SOLE RISK. THE PERSONAL FINANCE MANAGEMENT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AS BETWEEN YOU AND BANK AND SERVICE PROVIDER, COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
BANK AND SERVICE PROVIDER MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PERSONAL FINANCE MANAGEMENT SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE PERSONAL FINANCE MANAGEMENT SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER BANK NOR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BANK OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE UTILIZING OR ACCESSING THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE PERSONAL FINANCE MANAGEMENT SERVICE.
Indemnification. In addition to the other indemnification provisions contained in the Agreement or other applicable Bank agreements, you agree to indemnify and hold harmless Bank and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Personal Finance Management Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You agree that Service Provider is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this Agreement.
Apple Pay Service
This section of the Agreement governs my election to use eligible debit or credit cards issued by Frost Bank (“each, a “Payment Card”) when I add, attempt to add, or keep a Payment Card in the Apple Pay™ wallet (“Wallet”) on any iPhone®, iPad®, or other mobile device that supports the Wallet (the “Apple Pay Service”), in the event that the Apple Pay Service is offered by Bank as part of Online Banking Services. I understand that my use of the Apple Pay Service is subject to the terms and conditions of this Section IV(F). Proceeding with using the Apple Pay Service constitutes your assent to and acceptance of the terms and conditions contained herein.
Relationship to Apple and Other Third Parties. The Apple Pay Service is a service offered exclusively by Apple using eligible Apple devices. Apple and Apple Pay are registered trademarks of Apple Inc. Frost does not own, operate, or control Apple Pay (including the Wallet), and is not responsible for any service provided to you by Apple or by any third party engaged by Apple. We likewise are not responsible for any information or other services provided to you by Apple or any other third parties associated with the Apple Pay Service. We are not liable for any failure or performance of the Apple Pay Service or any third party’s products or services.
Apple, your wireless carrier, and other third party websites or services integrated in the Apple Pay Service have their own third-party agreements and you are subject to those third-party agreements when you give them your personal information, use their services, or visit their respective sites. It is your responsibility to read and understand the third-party agreements before creating, activating, or using a Mobile Card in Apple Pay.
We are not responsible for, and do not provide, any support or assistance for any third-party hardware, software, or other products or services (including any Apple Pay Service or your Supported iOS Device). If you have any questions or issues with a third-party product or service, including issues pertaining to the operation of your Supported iOS Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to Apple Pay (other than questions or issues specific to the use of a Mobile Card), please contact Apple.
Eligibility. Frost reserves the right to restrict the use of certain Payment Card types within the Apple Pay Service. For the most current list of Payment Card types that are eligible for the Apple Pay Service, please visit www.frostbank.com. In order for us to authorize your use of your Frost-issued Payment Card within the Apple Pay Service, your Payment Card must be an eligible Payment Card type, your Payment Card and the underlying account must be in good standing, and you must not be restricted from using Apple Pay based upon any limitations imposed by Apple, your wireless service provider, and/or any third party associated with Apple Pay.
Device Eligibility. Apple Pay enables you to create virtual representations of your Payment Cards (collectively, “Mobile Cards”) on an eligible Apple device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a virtual representation of your Payment Card (in lieu of you presenting your physical Payment Card) and (ii) in-app or other digital commerce payments at merchants participating in Apple Pay. You are required to have an eligible Apple device (a “Supported iOS Device”) in order to use this service. Apple, in its sole discretion, determines which Apple devices are eligible to be used with the Apple Pay Service. Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified are not eligible to use Apple Pay.
You acknowledge that use of an ineligible mobile device with the Apple Pay Service is expressly prohibited, constitutes a breach of these terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Payment Card in the Apple Pay Service. We are not liable to you for the effects (third party or otherwise) of such termination or suspension. For a complete list of eligible devices that support Apple Pay, please see: https://www.apple.com/apple-pay/.
Use of Your Mobile Cards. When you select a Payment Card to use with Apple Pay, certain account information for the Payment Card will be transmitted to and stored according to the Apple Pay and payment card network procedures and systems for the Supported iOS Device to facilitate your participation in the Apple Pay Service. Once the account information for a Payment Card has been stored in accordance with the Apple Pay procedures, it is represented by a Mobile Card within the Apple Pay function. By selecting a Mobile Card and placing your Supported iOS Device near a merchant's contactless-enabled point-of-sale terminal or reader or using that Mobile Card for an in-app purchase, you are authorizing the payment for the merchant's products or services with that Mobile Card through the Apple Pay Service. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection to authenticate your identity. Once created, a Mobile Card may work even if you do not have wireless service.
Apple Pay also provides you access to information related to the Payment Cards that have been added to your Supported iOS Device. This may include information about card cancellation or suspension due to issues such as an expired card, detection of fraud or past due payments.
For each Payment Card added to Apple Pay, you may also view the last 10 purchase transactions made by you on that Payment Card, whether or not made using the Supported iOS Device, but not the transactions made by any additional card member on your card account. The information will include the date, purchase amount and merchant name. Please note that some of the listed transactions may be pending charges, which are temporary and are subject to change (for instance, pre-authorizations at restaurants and hotels). Apple Pay provides you with the option and ability to turn off this purchase transaction reporting for each Mobile Card. For additional card account information, please log into your Online Banking Account, or call the number on the back of your Payment Card.
Purchases or other transactions you make with any of your Payment Card are governed by the card member agreement for the Payment Card you used to create your Mobile Card. If a problem arises with the product or service you purchased through use of the Mobile Card, you first should try to resolve the problem directly with the merchant, but you may also have rights under your card member agreement or otherwise under applicable law.
Fees. We do not currently charge any fees for using the Apple Pay Service. Please review your Frost Deposit Account Agreement and applicable Schedules for any applicable fees, interests, or other charges associated with your Account. You understand, however that you third-party agreements may contemplate fees, limitations, and restrictions which might affect your use of any of your Mobile Card(s) (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree you are solely responsible for all such fees and agree to comply with such limitations and restrictions.
We reserve the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you at least 30 days in advance of the date such charges will take effect.
Suspension; Cancellation. We reserve the right for any reason to discontinue offering or supporting any Mobile Card or to not participate in the Apple Pay Service. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Mobile Card at any time without notice and for any reason, including if you violate the terms of this Agreement or any of your card member agreements, if we suspect fraudulent activity or as a result of the cancellation or suspension of your Payment Card account. You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any Mobile Card.
Frost may disqualify a Mobile Card or discontinue providing any services to any individual suspected of violating the terms of this Agreement or the third-party agreements related to the Apple Pay Service in its sole and absolute discretion. We also caution you that ANY ATTEMPT BY AN INDIVIDUAL OR ENTITY TO DELIBERATELY INTERFERE, INTERRUPT, MODIFY, AUDIT, ASSESS, RE-ENGINEER, OR DAMAGE ANY ASPECT OF A MOBILE CARD OR THE APPLE PAY SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF A MOBILE CARD OR THE APPLE PAY SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND FROST RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY INDIVIDUAL OR ENTITY RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
You may remove one or more of your Mobile Cards from Apple Pay at any time by pressing the “Delete” button in Apple Pay or by calling the number on the back of your Eligible Card.
Electronic Contact. You agree to receive electronic communications from us, including emails to the email address you have provided in connection with your Payment Card account. These electronic communications will relate to your use of the Apple Pay Service. You agree to update your email address when it changes by contacting us.
Data Privacy. When creating your Mobile Card, we collect certain information from Apple to verify your identity, to enable you to use a Mobile Card and facilitate your participation in the Apple Pay Service. You authorize Frost to collect, use and share your information in accordance with the applicable Frost privacy policies, as they may be amended from time to time. To facilitate your participation, also note that we will make certain account information relating to each Payment Card you have selected to use with Apple Pay available for display, including your most recent transaction data, but not your full Payment Card account number. You may decline to have the transaction data made available for display and still use Apple Pay, but you must turn off this feature manually with Apple through Apple Pay. You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Supported iOS Device gathered periodically to facilitate the updates to our services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
You understand and acknowledge that third parties, such as Apple, Visa, and/or MasterCard will have access to certain details regarding eligible Payment Card transactions made using the Apple Pay Service. You understand that information that is provided to or held by Apple or other third parties in relation to the Apple Pay Service is outside the control of Frost. As stated earlier, Frost is not responsible for the Apple Pay Service or any other services offered by your wireless carrier or any third party. Accordingly, any information you provide to Apple or another third party through Apple Pay, or that is collected or accessed by Apple in the course of your use of a Mobile Card or Apple Pay, is subject to third party agreements, and is not governed by Frost’s Customer Privacy Statement or this Agreement.
Changes to Apple Pay Service Terms. We reserve the right to revise these Apple Pay Service terms at any time and you are deemed to be aware of and bound by any changes to these terms by your continued access to or use of any Mobile Card. We will indicate that changes to these terms have been made by updating the date indicated after "Last Modified:" at the beginning of this Agreement. You will also be able to view the revised Apple Pay Service terms on your Supported iOS Device by accessing any of your Mobile Cards. If you do not accept any revisions made to these terms, your sole and exclusive remedy is to cancel your use of and delete all Mobile Card(s).
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY MOBILE CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY MOBILE CARD IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND FROST, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY MOBILE CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MOBILE CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A MOBILE CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A MOBILE CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A MOBILE CARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FROST, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.
ACCESS, USE AND MAINTENANCE OF A MOBILE CARD DEPEND ON THE APPLE PAY SERVICE AND THE NETWORKS OF WIRELESS CARRIERS. FROST DOES NOT OPERATE THE APPLE PAY SERVICE OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF THE APPLE PAY SERVICE OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. FROST DISCLAIMS ANY RESPONSIBILITY FOR THE APPLE PAY SERVICE OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A MOBILE CARD.
USE OF A MOBILE CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED iOS DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH APPLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM FROST OVER THE INTERNET FROM YOUR SUPPORTED iOS DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT.
WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE APPLE PAY SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
This section shall survive any termination of this Agreement for any reason.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Mobile Card on your Supported iOS Device solely in accordance with these Apple Pay Service terms. The license is limited to use on any Supported iOS Device that you own or control and as permitted by any applicable third-party agreements. Such license does not allow you to use the Mobile Card(s) on any device that you do not own or control (or for which you do not have authorization to install or run Apple Pay or the Mobile Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any Mobile Card available over a network where it could be used by multiple devices at the same time.
Certain software that Frost uses to provide the Mobile Card(s) has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with Frost. This limited right to use such software is revocable at the discretion of Frost. Frost and its third-party licensors retain all right, title and interest in and to the software used by Frost to provide the Mobile Card(s) and any modifications and updates thereto. You agree that you will not use any third-party materials associated with the Mobile Card(s) or the Apple Pay Service in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third-party intellectual property marks, including the logos of merchants, are the property of their respective owners.
You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Card or the Apple Pay Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Mobile Card or the Apple Pay Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with a Mobile Card or the Apple Pay Service). Any attempt to do so is a violation of the rights of Frost and its Third Party Licensors. If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages. The terms of the license will govern any upgrades provided by Frost that replace or supplement any Mobile Card, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
You agree that a Mobile Card may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Mobile Card or change the enrollment process.
Indemnification. In addition to the indemnification provisions contained elsewhere in this Agreement, you shall indemnify and hold Frost, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of any Mobile Card and the Apple Pay Service or (ii) any breach of the terms and conditions set forth in the Terms of this Agreement by you or other users of the Apple Pay Service using your Mobile Card or credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim. We have to employ counsel of our choice to defend and control of any such matter subject to indemnification by you. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis. You agree that this paragraph shall survive the termination of this Agreement for any reason.
Limitation of Liability. IN ADDITION TO LIMITATION OF LIABILITY PROVISIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL FROST, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY MOBILE CARD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON.
A. Payment Card Enrollment in the Wallet
If you want to add a Payment Card to the Wallet, you agree to follow the procedures adopted by Apple and any further procedures we adopt. We may not add a Payment Card to the Wallet if we cannot authenticate the Payment Card or if we otherwise suspect that there may be fraud associated with the Payment Card. The Wallet allows you to make purchases using an added Payment Card wherever the Wallet is accepted. The Wallet may not be accepted at all places where your Payment Card is accepted.
B. Report Lost or Stolen Devices or Payment Cards
If you enroll in Apple Pay and your Supported iOS Device is lost or stolen, or you have reason to believe that your Supported iOS Device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your Payment Card for use within the Apple Pay Service. Note, however, that you are also responsible for notifying Apple if your Supported iOS Device is lost or stolen. Frost is not responsible for and is unable to disable your Supported iOS Device; Frost can only disable your Payment Card.
Given that your Supported iOS Device can be used like a Payment Card to make purchases, you must notify us in the event your Supported iOS Device is lost or stolen with the same urgency as if your actual Payment Card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Payment Card whether that use was through the Apple Pay Service or not. If you get a new Supported iOS Device, please be sure to delete all your Mobile Cards and other personal information from your prior Supported iOS Device.
You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
In addition to the security procedures described elsewhere in this Agreement, you are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords, device passwords and any other means that you may use to securely access Apple Pay on your device. If you share these credentials with anyone, that person may be able to use your Wallet to make purchase or obtain access to your personal and payment information available through the Apple Pay Service. You agree to safeguard your device at all times and not leave it unattended.
Apple Pay and your Supported iOS Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s). These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Mobile Cards.
D. Account Ownership/Accurate Information
You represent that you are the legal owner of the account(s) and other financial information which may be accessed via the Apple Pay Service. You represent and agree that all information you provide to us in connection with the Apple Pay
Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Apple Pay Service. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up to date and accurate. You represent that you are an authorized user of the Device you will use to access the Apple Pay Service.
Optional Send Money Service
This section of the Agreement governs my election to use the Frost Send Money Service. When you use or access, or permit any other person(s) or entity(ies) to use or access the Frost Send Money Service, you agree to these terms and conditions. If you find these terms and conditions unacceptable to you at any time, please discontinue your use of the Frost Send Money Service.
We grant to you, for your personal use, a nonexclusive, limited and revocable right to access and use the Frost Send Money Service. You agree not to use the Frost Send Money Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Frost Send Money Service without our prior written consent.
(1) General Terms Applicable to the Frost Send Money Service:
In order to use the Frost Send Money Service to send or receive money, you must have one or more eligible accounts to designate an account from which funds will be transferred (“Pay From Account”) and an account to which funds will be transferred (“Pay to Account”), as applicable. We have the right to determine eligibility of accounts in our sole discretion. To use the Frost Send Money Service to make a transfer between (i) two Frost Accounts or (ii) a Frost Account and a Participating Financial Institution Account, at least one of those accounts must be your Frost Account. A “Participating Financial Institution Account” means an account registered with the Send Money Service or a similarly-named service of a Participating Financial Institution. A “Participating Financial Institution” means a financial institution participating from time to time in the clearXchange network, other than Frost.
You agree that you will not use the Frost Send Money Service for international transfers, which are prohibited under this Agreement. You further agree not to use the Frost Send Money Service to send or receive money from anyone to whom you are obligated for tax payments, payments made pursuant to court orders, fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law.
Note: If you use the Frost Send Money Service to make a transfer from a Frost account that is a savings account or money market account, it may be a restricted transfer subject to limitations on the number of transactions. Please refer to your Frost Deposit Account Agreement for more information.
If you are a sender of any transfer using the Frost Send Money Service, you represent and warrant that you are authorized by and have obtained permission from the recipient to provide the recipient’s email address and/or phone number to Frost so that Frost may transfer money to that recipient using the Frost Send Money Service.
Your use of the Frost Send Money Service is subject to the terms of clearXchange’s User Service Agreement, available at https://www.clearxchange.com/payments/service-agreement, and clearXchange’s Privacy and Information Security Notice, available at https://www.clearxchange.com/payments/privacy-and-security.
All of your transfers made through the Frost Send Money Service to or from a Frost Account will appear on the Frost statement for such account. You should check the statement from the other financial institution for transfers made to or from one of your external accounts.
(3) Disclosure of Account Information to Third Parties:
We may disclose information to third parties about your account or the funds you send or receive:
a. as necessary to complete transactions;
b. as necessary in connection with offering the Frost Send Money Service;
c. in connection with the investigation of any claim related to your account or the funds you send or receive;
d. to comply with government agency or court orders;
e. in accordance with your written permission; and
f. as otherwise permitted by the terms of our Customer Privacy Statement.
Our Customer Privacy Statement, which includes details about our information sharing practices and your right to opt-out of certain information sharing, was provided to you when you opened your Frost Account. It can be viewed on www.frostbank.com.
(4) Mobile Banking Services:
Your use of the Frost Send Money Service may include access to the optional Mobile Banking Services, as described in Section IV(C) of this Agreement. By using the Mobile Banking Services, you agree to the terms set forth in Section IV(C) of this Agreement.
(5) Text Services:
Your enrollment in the Frost Send Money Service includes access to mobile text messaging related services (collectively, "Text Services"). By receiving or otherwise using these services, you agree to the following terms for these services. You agree that we may send messages through your communication service provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. We may use a telephone number, e-mail address or other delivery location we have in our records for you or other such contact information as you may provide to us for these services so that we may send you certain information about your applicable account. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or the status of your account. Messages may be delayed or impacted by factor(s) pertaining to your phone carriers or other parties. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through the Text Services. There is no service fee for the Text Services but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Such charges include those from your communications service provider. Message frequency depends on user preferences. Reply STOP to the text message to stop receiving text notifications for this service. To cancel the Text Service, you must stop using the Frost Send Money Service. For help or information on the Text Services, reply HELP to the text message.
(6) Cessation of Your Service:
You may cease using the Frost Send Money Service at any time.
(7) Scheduling Transfers:
For instructions regarding scheduling transfers, please refer to Section V(C), below, of this Agreement.
(8) Receiving Money:
To use the Frost Send Money Service to receive money, the recipient must (i) be registered with the Frost Send Money Service, (ii) have an eligible Pay To Account and (iii) accept transfers to the Pay To Account if the Pay From Account is an account with another financial institution and that financial institution requires the recipient to accept person-to-person transfers. (Recipients with Pay To Accounts at Frost are not required to accept transfers). The sender, who must be registered with the Frost Send Money Service with an eligible Pay From Account or the person-to-person service of a Participating Financial Institution and provide a valid e-mail address or mobile phone number for the recipient, must initiate a transfer of funds to the recipient. The recipient may be required by the recipient’s financial institution to accept a transfer before it will be processed, in which case, funds will not be withdrawn from the Pay From Account until the recipient accepts the transfer. If the recipient declines a transfer, the transfer request will be cancelled. Notwithstanding anything set forth in this Agreement, processing times vary depending on registration and information provided by the sender and recipient. We will automatically begin the delivery process and send notice of a transfer on the date of the transfer request. The recipient will have fourteen (14) calendar days to 1) register the email address or mobile phone number to which a transfer request has been sent for the Frost Send Money Service or a similarly-named service of a Participating Financial Institution, if the recipient is not already registered, and 2) accept the transfer, if the recipient is required by the recipient’s financial institution to accept the transfer. If the recipient does not register and/or accept the transfer, if required, within fourteen (14) calendar days, the transfer request will be cancelled. The recipient may not initiate a transfer of funds from a third party's Pay From Account to the recipient's Pay To Account.
As a recipient or sender of any transfer using the Frost Send Money Service, you acknowledge and agree that, we may delay or cancel a request to transfer money and/or charge back the amount of such transfer to the Pay From Account or other account as we determine in our discretion or claim a refund from you for such amount for various reasons including fraud, duplicate payment, incorrect amount or incorrect recipient.
(9) Sending Money Between Frost Accounts:
To use the Frost Send Money Service to send money between two Frost Accounts, the sender and the recipient must each maintain at least one eligible checking, savings, or money market account held by us.
Transfers between Frost Accounts: If you use the Frost Send Money Service to send money, you authorize us to withdraw funds from your designated Pay From Account for all transfers of funds that you initiate through the Frost Send Money Service and you agree to have sufficient funds or available credit in your Pay From Account on the date of the transfer request for each such transfer you schedule until the transfer is completed or cancelled. We will not be obligated to make any transfer you may request unless there are sufficient available funds or available credit in the Pay From Account to cover the transfer. The recipient is not required to accept the payment for transfers between Frost accounts; the transfer will occur immediately and will be funded from your Pay From Account on the day of the transfer.
(10) Sending Money Between Frost Accounts and External accounts:
To use the Frost Send Money Service to send and receive money between a Frost Account and an external account, the parties must use at least one eligible Frost Account with us and at least one external account.
Transfers between a Frost Account and an External Account: You authorize us to charge your designated Pay From Account with us for all transfers of funds that you initiate through the Frost Send Money Service and you agree to have sufficient funds or available credit in your Pay From Account on the date of the transfer request to cover each such transfer you schedule and any fees that might be associated with such transfer until the transfer is completed or cancelled. We will not be obligated to make any transfer you may request unless there are sufficient available funds or credit (including any available overdraft protection account and any courtesy overdraft amount you may have) in your Pay From Account to cover the transfer on the date of the transfer request until the transfer is completed or cancelled. If there are insufficient available funds to cover a transfer, the transfer request will be cancelled. Instructions for transfers to an external account will be deducted from the Pay From Account held by us once the recipient accepts, if the recipient is required by the recipient’s financial institution to accept the transfer. Transfers from external accounts are subject to the processing times of the financial institution holding the external account. Instructions for transfers from external accounts that we receive by the cutoff time on a Business Day will be sent to the financial institution holding the external account on the same day for processing. For transfers from a Frost Account to an external account, the transfer should typically be completed two to three Business Days after the Business Day that recipient accepts, if the recipient is required to accept the transfer, subject to the processing times of the financial institution holding the External account.
Transfer instructions relating to external accounts and the transmission and issuance of data related to such instructions shall be received pursuant to the terms of this Agreement and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("Regional ACH") (collectively, the "Rules") and you and we agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to the Frost Account or the external account shall be provisional until such credit has been finally settled by us or the third party institution which holds the external account, as the case may be. You acknowledge that you have received notice of this requirement.
(11) Sending Money Between Frost Accounts and Participating Financial Institution Accounts:
To use the Frost Send Money Service to send and receive money between a Frost Account and a Participating Financial Institution Account, the parties must use at least one eligible Frost Account with us and at least one Participating Financial Institution Account. The holder of an account with a Participating Financial Institution may register with the person-to-person transfer service of the Participating Financial Institution holding their account and will not be required to register through the Frost Send Money Service.
Transfers between a Frost Account and a Participating Financial Institution Account: You authorize us to charge your designated Pay From Account with us for all transfers of funds that you initiate through the Frost Send Money Service and you agree to have sufficient funds in your Pay From Account when you initiate such requests to cover each such transfer you schedule and any fees that might be associated with such transfer until the transfer is completed or cancelled. We will not be obligated to make any transfer you may request unless there are sufficient available funds (including any available overdraft protection account and any courtesy overdraft amount you may have) in your Pay From Account to cover the transfer until the transfer is completed or cancelled. If there are insufficient available funds to cover a transfer to a Participating Financial Institution Account, the transfer request will be cancelled. Transfers from Participating Financial Institution Accounts to Frost Accounts are subject to the terms of the person-to-person transfer service of the Participating Financial Institution and may be delayed or canceled as the Participating Financial Institution may determine in its sole discretion.
Funds for transfers to a Participating Financial Institution Account will be deducted from the Pay From Account held by us once the recipient registers the email address or mobile phone number to which the transfer was sent and/or the recipient accepts the transfer, if the recipient’s Participating Financial Institution requires the recipient to accept the transfer. Transfers from Participating Financial Institution Accounts are subject to the processing times of the Participating Financial Institution holding the Participating Financial Institution Account. For transfers between a Frost Account and a Participating Financial Institution Account, the transfer should typically be completed two to three Business Days after the Business Day that recipient or the Participating Financial Institution accepts, subject to the processing times of the Participating Financial Institution.
(12) Transfer Limits:
Transfer limits are as set forth in Section V(B), below, of this Agreement.
Additional limits may apply to transfers to and from external accounts that have not yet undergone verification through the Frost Send Money Service.
Transfer limits, if any, applicable to holder of Participating Financial Institution Accounts for transfers to Frost Accounts or in receiving transfers to their Participating Financial Institution Accounts are governed by the terms of the person-to-person transfer service of the applicable Participating Financial Institution.
(13) Frost Person-to-Person Transfer Fees:
There is no service fee from us to use the Frost Send Money Service. However, if we process a transfer in accordance with your instructions that overdraws your Frost Account with us, we may assess a fee or charge interest for any such overdraft in accordance with the terms of your Deposit Account Agreement. If we process a transfer in accordance with your instructions that overdraws your external account, the financial institution holding that external account may assess fees or charge interest for any such overdraft. We will not be liable for failure to pay any transfer request unless it is drawn against available funds credited to the designated “pay from account.” You will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with the Frost Send Money Service. Fees are subject to change from time to time upon notice to you as may be required by law.
(14) Terms Applicable Only to Consumer Accounts:
The following additional terms apply whenever you use the Frost Send Money Service to send transfers from a consumer deposit account registered via the Frost Send Money Service. A consumer account is one that is used primarily for personal, family or household purposes; all other accounts are business accounts. Participating Financial Institution Accounts are subject to the terms of the agreement of the Participating Financial Institution.
a. Your duty to notify Bank and liability for unauthorized transfers is as set forth in Section V(G), below, of this Agreement.
b. Bank’s liability for failure to complete a transfer for Consumer Accounts is as set forth in Section V(F), below, of this Agreement. In addition to the limitations of liability set forth in Section V(F) and elsewhere in this Agreement, Bank will not be liable for any transfer sent using incorrect information you have provided to Bank, including, but not limited to, incorrect phone numbers or email addresses for recipients.
c. Procedures for errors or questions about transfers from Consumer Accounts are as set forth in Section V(H), below, of this Agreement.
(15) New Features:
We may, from time to time, introduce new features to the Frost Send Money Service or modify or delete existing features in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
(16) No Warranties:
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FROST SEND MONEY SERVICE IS AT YOUR SOLE RISK AND THAT THE FROST SEND MONEY SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE FROST SEND MONEY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE FROST SEND MONEY SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
(17) Risk Of Loss:
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
(18) Frost Account Information:
Any Frost Account information provided to you as part of the Frost Send Money Service is not the official record of your Frost Account or its activity. Your Frost Account statement, furnished to you by us for Frost Accounts in a paper format, or electronically if you are enrolled in paperless statements service, will remain the official record. The Frost Send Money Service information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take, any action.