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layout: policies
title: BBVA Compass Simple Deposit Account Agreement
category: Simple Accounts supported by BBVA Compass
effective_date: Document effective 22 March, 2018
<li>Account Ownership</li>
<li>Dispute Resolution</li>
<li>Account Operations</li>
<li>Account Statements and Notices</li>
<li>Account Transactions</li>
<li>Deposits, Collections, and Payment of Items</li>
<li>Dormant and Abandoned/Unclaimed Accounts</li>
<li>Set Off</li>
<li>Other Services</li>
<li>Interest; Interest Reporting</li>
<li>Changes to Account Status</li>
<li>Applicable Law</li>
<li>Additional Provisions</li>
<li>Electronic Banking Services</li>
<p>Electronic Fund Transfer Disclosure Statement</p>
<p>Funds Availability Disclosure</p>
<p>Taxpayer Identification Numbers (Backup Withholding)</p>
<p>Important Information About Your Account (Check 21)</p>
<p><a href="/policies/bbva-compass-truth-in-savings-disclosure">Link to Schedule of Fees</a></p>
<p><strong>Welcome to Simple! Well, nearly. It’s official as soon as you give a thumbs-up to some account disclosures, including the following account agreement.</strong></p>
<p><strong>Whether you think this stuff is interesting (hello, like-minded person!) or don’t have time to even read this
far (we understand), the important thing is that you have this information if and when you need it. You
can access it anytime on this page. And if you’re curious, you can see any change made in our public
policy repo on GitHub.</strong></p>
<p><strong>If anything here raises a question for you, hit us up. Simple is always game for a lively, plainspoken chat
about the wonderful world of debits, credits, interest, and interchange.</p></strong>
<p>This agreement governs the BBVA Compass deposit account and related services opened with the
assistance of Simple Finance Technology Corp (“Simple”) and contains certain additional disclosures.
Please read this information carefully and keep it with your other financial records. The account is held
by BBVA Compass, a trade name of Compass Bank, Member FDIC. For purposes of
applicable FDIC deposit insurance limitations, please note that deposits in BBVA Compass accounts
opened through Simple may not be separately insured from any other deposit accounts you may have
with BBVA Compass.</p>
<p>This Agreement covers any account opened through Simple that you may have with BBVA Compass now, or in the
future, and that is used primarily for personal, family or household purposes. By opening your account, by
conducting any transaction involving your account, or by maintaining your account after receipt of this
Agreement, you agree to the terms in this Agreement. This Agreement also includes the Schedule of
Fees, any other agreement you enter into with us, and other terms and conditions made available to you
at (the "Simple Website") relating to your account. This Agreement also includes any new or amended
provisions and disclosures we may provide concerning your account. All of these documents together are
a contract between you and us.</p>
<p><strong>Important Information About Procedures for Opening a New Account:</strong> To help the government fight the
funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain,
verify, and record information that identifies each person who opens an account. <strong>What this means for you:</strong>
When you open an account, Simple will ask for your name, address, date of birth, and other information that will
allow us to identify you. Simple may also ask to see your driver's license or other identifying documents.</p>
Unless otherwise expressly agreed in writing, our relationship with you will be that of debtor and creditor. No fiduciary, quasi-fiduciary or other special relationship exists between you and us. Any internal policies or procedures that we may maintain in excess of reasonable commercial standards and general banking usage are solely for our own benefit and shall not impose a higher standard of care than otherwise would apply in their absence. There are no third ­party beneficiaries to this Agreement.
<h3>1. DEFINITIONS</h3>
<p>The following terms and definitions apply when used in this Agreement. Some terms used in this
Agreement but not defined below have the meaning assigned to them in the Uniform Commercial Code in
effect in the state where we maintain your account.</p>
<p><strong>Account or Deposit Account.</strong> Any type of deposit account to which funds may be deposited. As used herein, Account or Deposit Account only includes BBVA Compass accounts opened through Simple.</p>
<p><strong>Account Owner or Owner.</strong> Each person named in our records as an account owner with respect to an
account. </p>
<p><strong>ATMs.</strong> Automated teller machines.</p>
<p><strong>Attorney-in-Fact.</strong> An agent designated under a valid power of attorney. We reserve the right, in our sole
discretion, not to honor any power of attorney. An attorney-in-fact representing an account owner does
not become an owner of an account and will not have rights in an account at the owner’s death as a result
of the agent’s capacity as an attorney-in-fact.</p>
<p><strong>Available Balance.</strong> The balance of funds in your account that is available for immediate withdrawal.
Unlike the posted balance, the available balance reflects any holds placed on your account, including the
restrictions described in the Funds Availability Disclosure included with this Agreement. Your available
balance may be more or less than the amount of your posted balance. </p>
<p><strong>BBVA Compass, Compass, and Compass Bank.</strong> Compass Bank, Member FDIC or any other non-Simple affiliate of BBVA Compass Bancshares, Inc.</p>
<p><strong>Business Days.</strong> Our business days are Monday through Friday, excluding federal holidays.</p>
<p><strong>Dormant Account.</strong> An account will be considered dormant if, for one year or more in the case of
transactional accounts (two years or more for an account maintained in Florida): no customer initiated transaction activity
has been conducted on the account, no correspondence regarding the account has been received by us,
and no account owner has otherwise indicated an interest in the account. Recurring ACH credits (i.e., Direct Deposit) are considered to be automatic and, therefore are not considered to be customer-initiated transactions for this purpose.</p>
<p><strong>Item.</strong> A check, substitute check, draft, withdrawal order, payment order, or other similar instrument, order
or instruction, whether oral, written or electronic, either for the deposit of funds to your account or for the
payment of funds from your account. Items include debits and credits for point-of-sale, ATM, and Simple
Visa® Card (the “Card”) transactions.</p>
<p><strong>Posted Balance.</strong> The balance of funds in your account based solely on items that have been posted as
credits or debits to your account. Unlike the available balance, the posted balance does not reflect any
holds placed on your account. Your posted balance may be more or less than the amount of your
available balance.</p>
<p><strong>Protected Goal Account.</strong> This account is a Deposit Account opened for the sole purpose of storing funds associated with a Protected Goal. A Protected Goal Account does not have the same features as a primary Deposit Account; for example, there is no debit card connected to the account, no bill payment feature, no remote deposit capture, no paper checks, no Simple-initiated ACH transfers, and no Simple instant transfers initiated from the account. There are no limits to the number of transfers you may make to or from a Protected Goal Account, and transfers between your Protected Goal Account to your primary Deposit Account are instantaneous.</p>
<p><strong>Safe-to-Spend®.</strong> Your Safe-to-Spend is your total Available Balance minus your Goals and any payments or transfers that are scheduled to be initiated by Simple’s systems. Transactions are approved based off of your Available Balance, rather than your Safe-to-Spend.</p>
<p><strong>Shared Account</strong> A Shared Account is a Joint Account, as defined below.</p>
<p><strong>Substitute Check.</strong> A paper reproduction of an original check that (1) contains an image of the front and
back of the original check; (2) bears a MICR line containing all the information appearing in the MICR line
of the original check at the time the original check was converted to an electronic image; (3) conforms in
paper stock, dimension and otherwise with industry standards; (4) includes a legend stating, “This is a
legal copy of your check. You can use it the same way you would use the original check.”; and (5) is
suitable for automated processing in the same manner as the original check. </p>
<p><strong>We, Our, Us.</strong> Compass Bank, Member FDIC, Simple
Finance Technology Corp., or any other affiliate of BBVA Compass Bancshares, Inc. For purposes of
Section 3 only, these terms also include the directors, officers, and employees of Compass Bank and its
<p><strong>You, Your, and Yours.</strong> The account owner or if the account is a multiple-party account, any and all account owners.</p>
<p>The type of account you select may determine how property passes on your death. Your Last Will and Testament may not control the disposition of funds depending on the account ownership selection that is made.</p>
<p>Account Types:</p>
<p><strong>Individual Account.</strong> A deposit account owned by one party as indicated on our records, also referred to as a single-party account.</p>
<p><strong>Joint Account.</strong> A deposit account with more than one account owner, also referred to as a multiple-party account, or by Simple as a Shared Account.</p>
<p><strong>P.O.D. Account.</strong> A deposit account payable on request to one or more owners during their lifetime and on the death of the last surviving owner, to one or more surviving beneficiaries and not to any owner’s estate. If two or more beneficiaries survive, the sums on deposits belong to them in equal, undivided shares.</p>
<p>Account Ownership Selection:</p>
<p><strong>Individual Account Without P.O.D. Designation.</strong> The owner of the account owns the account during his/ her lifetime. On the death of the owner, ownership of the account passes as a part of the owner’s estate or in accordance with applicable law.</p>
<p><strong>Individual Account With P.O.D. Designation.</strong> The owner of the account owns the account during his/her lifetime. On the death of the owner, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the owner’s estate.</p>
<p><strong>Joint Account With Right of Survivorship.</strong> The owners of the account own the account in proportion to their net contributions to the account. The bank may pay any sum in the account to an owner at any time. On the death of an owner, the owner’s ownership of the account passes to the surviving owners.</p>
<p><strong>Joint Account With Right of Survivorship and P.O.D. Designation.</strong> The owners of the account own the account in proportion to their net contributions to the account. The bank may pay any sum in the account to an owner at any time. On the death of the last surviving owner, the ownership of the account passes to the P.O.D. beneficiaries.</p>
Either you or we may ask to settle disputes by arbitration. Arbitration is a way of working out disputes
without going to court. If you or we ask for arbitration, we would all meet with a person called an
arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to
say. The arbitrator will decide who is right. The arbitrator’s decision is called an award. The party who
wins the award can take it to any court that could have heard the dispute and get an official judgment.</p>
<p><strong>Please read the rest of this section carefully.</strong> It explains how arbitration works. </p>
<p><strong>Some Legal Rights May Not Be Available in Arbitration: After any party asks for arbitration of a
dispute, neither you nor we can ask a court to hear that dispute. There will be no jury trial of that
dispute. You cannot be part of any class action relating to that dispute. The right to get
information from each other and other procedures may be more limited in arbitration than in
court. With a few limited exceptions, the arbitrator’s award will be final and unchangeable. Other
rights that you or we would have in a court also may not be available in arbitration.</strong></p>
<p><strong>WHAT DISPUTES ARE COVERED</strong>
<u>Any dispute that arises from or relates to this Agreement, your Account and any transaction involving the
Account will be settled by arbitration unless it is described below in “What Disputes Are Not Covered.”</p>
<p>This means that disputes about the following are covered:</p>
<li>This Agreement, your Account or any transaction involving the Account or any service or product related to your Account;</li>
<li>Any advertisement, promotion or oral or written statement related to this Agreement or your Account;<li>
<li>Any relationships that result from this Agreement (including, as far as applicable law will allow, relationships with third parties who are not parties to this Agreement or this arbitration provision);</li>
<li>The validity, interpretation, scope or enforceability of this Agreement (except for any challenge to the enforceability of this Dispute Resolution section or any dispute about the parts of this section about class disputes); and</li>
<li>Whether it is too late to settle a dispute because of any statute of limitations, estoppel, waiver, laches or similar legal rule.</li></ul>
<p>It doesn’t matter whether the dispute is based on contract, fraud, tort, intentional tort, statute, regulation,
constitution, common law, equity or otherwise. It also doesn’t matter when the dispute began (whether
before this Agreement, now or in the future). This arbitration provision will continue to apply after this Agreement ends and/or after you or we close the Account.</u></p>
This arbitration provision does not cover any dispute: (1) that you or we could take to a small claims
court, which usually limits its cases based on the amount of the claim; or (2) about the parts of this
arbitration provision that prohibit class disputes.</p>
You cannot join together in a dispute with anyone other than people who use your Account. Even
if other people have disputes similar to a dispute that you or we ask to arbitrate, those people and
their disputes cannot be part of any arbitration between you and us. You cannot arbitrate any
dispute on a class action, private attorney general or other representative basis. Only a court, and
not an arbitrator, may decide whether this provision prohibiting class disputes can be enforced.</strong></p>
<p><strong>WHO WILL ARBITRATE</strong>
The American Arbitration Association (“AAA”) or JAMS ADR (“JAMS”) may arbitrate any dispute, or you
and we may agree upon a different arbitrator. For more information about arbitration, contact the AAA
( or 1-800-778-7879) or JAMS ( or 1­-800­-352-5267). If for any reason the
AAA or JAMS is unable or unwilling to arbitrate, or you and we cannot agree on an arbitrator, we will use
another national or regional arbitration group. The number of arbitrators will depend on the total dollar
amount of all disputes by both you and us. If the total is $250,000 or less, one arbitrator will hear the
dispute(s). If the total is over $250,000, three arbitrators will hear the dispute(s). Each arbitrator must be
an active member in good standing of the bar for any state in the continental United States, and either: (a)
actively engaged in the practice of law for at least 5 years or (b) a retired judge.</p>
<p><strong>WHAT RULES APPLY</strong>
The arbitration of any dispute will be conducted according to the rules of the arbitrator (“Rules”). If an
arbitrator other than the AAA is chosen, the Rules of the AAA will be applied to any circumstance that is
not addressed by the Rules of the chosen arbitrator. If the total of all disputes is $250,000 or less, we will
use any expedited procedures in the Rules. If this Agreement and the Rules say something different, we
will follow this Agreement and not the Rules. </p>
<p><strong>HOW TO START ARBITRATION</strong>
Either you or we may start an arbitration by giving written notice to the other party. At a minimum, this
<strong>notice must describe the subject of the dispute and the result requested in arbitration by the party giving
the notice.</strong> If you ask us to arbitrate, you can choose the AAA or JAMS, or suggest another national or
regional arbitration group to arbitrate the dispute. If we ask you to arbitrate, we will give you 10 days to
choose the AAA or JAMS, or to suggest another national or regional arbitration group. In either case, if
you suggest an alternative to the AAA and JAMS, we will work with you to determine if you and we can
agree on a different group or arbitrator. If you and we are unable to agree, the arbitration will be
conducted by the AAA or, if the AAA is not available, by a similar arbitration group. The party asking for
arbitration must file a notice with the arbitration group following the Rules in effect at that time. </p>
You or we may ask for arbitration before or after a lawsuit has been filed. You or we must ask for
arbitration within the statute of limitations that would apply to the same dispute in court. If it is too late to
resolve the dispute in court, it is also too late to resolve it in arbitration. </p>
<p><strong>WHAT THE ARBITRATOR(S) MUST AND MAY NOT DO</strong></p>
<p>Each arbitrator must:</p>
<li>Limit discovery to information that is directly relevant to the dispute and is not considered
confidential or otherwise protected from being made public. Discovery is the process by which
you and we ask each other for information about the dispute;</li>
<li>Make decisions and awards based on the evidence and applicable substantive law and the rules
of evidence used in federal courts; </li>
<li>Make decisions and awards only with respect to claims made by or against you individually; </li>
<li>Give a brief written explanation of the basis for the award upon request of either party; and</li>
<li>Make specific findings of fact and conclusions of law to support any award greater than $25,000.</li>
<li>Not make any award that would require you and us to continue any relationship we may have
under this Agreement or otherwise.</li>
<p><strong>WHO PAYS FOR ARBITRATION</strong>
There will be costs for arbitration. Contact the AAA or other arbitration group to find out what the
arbitration charges will be. You may have to pay some of the arbitration charges unless this Agreement,
an applicable law or the Rules say we must pay. If the total dollar amount of all disputes is $50,000 or
less, we will pay that portion of the arbitration filing fee that is more than the cost of filing a lawsuit in the
federal court where you live. You can ask us to pay some or all of the other arbitration charges you have
to pay, but we don’t promise to do as you ask. At the end of the arbitration, the arbitrator(s) will decide
who has to pay for any arbitration charges that are greater than those we agreed to pay. The arbitrator(s)
also may order us to pay some or all of your attorneys, expert and witness fees. Unless ordered
otherwise by the arbitrator(s), each of us must pay for its own attorneys, expert and witness fees, no
matter who wins.</p>
Any arbitration will take place in the federal judicial district near your home. Or, you and we could agree
that arbitration will take place somewhere else.</p>
<p><strong>WHAT LAW APPLIES</strong>
This arbitration provision is made pursuant to a transaction involving interstate commerce. The Federal
Arbitration Act will apply to the construction, interpretation and enforceability of this arbitration provision
despite any other choice of law provision in this Agreement. </p>
<p><strong>OTHER RIGHTS AND REMEDIES</strong>
Nothing in this arbitration provision will limit certain other rights you or we may have. This means that you
or we could, for example:</p>
<li>Get an injunction, which is a court order to stop someone from doing something; or;</li>
<li>File an interpleader action, which is a type of lawsuit used to decide who owns property that more
than one person claims to own. </li>
<p>If you or we do any of these things or take part in any other court case, it does not affect your or our rights
under this arbitration provision.</p>
Only a court and not an arbitrator can determine if any part of this arbitration provision cannot be
enforced. If a court with proper jurisdiction says that any part of the “No Class Disputes” subsection above
(which prohibits arbitration of class disputes) cannot be enforced, then none of the arbitration section in
this Agreement will apply, and this section will be considered deleted from the Agreement. If a court with
proper jurisdiction says that any other part of this arbitration provision cannot be enforced, then the rest of
this arbitration subsection still will apply, including the “No Class Disputes” subsection above. </p>
<p><strong>Waiver Of Jury Trial: This provision limits your rights to a jury trial. You should review this
section carefully. If you and we have any dispute related to this Agreement, your Account, or any
transactions involving your Account and (i) neither you nor we seek to compel arbitration of the
dispute, or (ii) some or all of the arbitration section is unenforceable and the dispute will be
resolved in court, then you and we agree voluntarily and knowingly to waive any right each may
have to a jury trial to the fullest extent permitted by law.</strong></p>
<p><strong>ATTORNEYS’ FEES</strong>
In any action between you and us in court, the prevailing party will be entitled to receive from the other
party an amount equal to the reasonable attorneys’ fees the prevailing party incurred in bringing or
defending the court action.</p>
<p><strong>Age Requirement.</strong> You agree that you are at least 18 years of age as of the date you applied for any account.</p>
<p><strong>New Account Verification and Other Inquiries.</strong> We may make inquiries that we consider appropriate
and use third party services to help us verify your identity, obtain information regarding your previous
banking relationships and determine if we should open, maintain, collect or close your account. We may
also report the status, history and/or closure of your account to third-party services.</p>
<p><strong>Identification.</strong> To help the government fight the funding of terrorism and money laundering activities,
federal law requires us to obtain, verify, and record information that identifies each person who opens an
account. For these reasons and for internal purposes, when you apply for an account, Simple will ask for
information that will allow us to identify you. Simple may also ask for your driver’s license or other identifying
documents (or for an image or copy thereof).</p>
<p><strong>Owners.</strong> You appoint all other account owners as your authorized agents for all purposes relating to your account including, but not limited to, endorsing checks, stopping payment, making deposits, making withdrawals, obtaining account information, making transfers from the account, closing the account, or pledging or assigning the account. A withdrawal from your account by any account owner or authorized signer will discharge our obligation to you with respect to the amount withdrawn, regardless of the source or ownership of the funds in the account. BBVA Compass may, but is not required to, honor a request by you to prevent a withdrawal or transfer by any other account owner or to remove another account owner from the account. You agree to indemnify us and hold us harmless from any loss or damage to you or anyone else that results from BBVA Compass honoring the request. You may be asked to execute additional documents or agreements in connection with the request. </p>
<p><strong>International Use.</strong> If you have moved outside of the United States or have frequent international transactions, you may be contacted about the international activity in your account and for further verification of your address. If you are moving or will be temporarily residing overseas, you should notify Simple via telephone or support message to prevent any disruption in your account activity. Your account may also be closed, depending on the location.
<p><strong>Assignment of Account.</strong> No pledge, assignment, or other transfer of any account, whether by gift or
otherwise, shall be binding on us unless acknowledged by us in writing. Unless we agree otherwise in
writing, the account will remain subject to our rights of set off even after BBVA Compass receives notice of the transfer.
We are not required to accept or recognize an attempted assignment of your account or any interest in it,
including a notice of security interest or deposit account control agreement, except as required by law.</p>
<p><strong>Accounts are Transferable Only on Our Records.</strong> We reserve the right not to acknowledge or accept
any attempted transfer of an account.</p>
<p><strong>Authorization to Pay and Debit the Account.</strong> You authorize BBVA Compass to pay or withdraw funds from the
account, without any notice to you, on the order of any account owner, or on the order of any personal representative, guardian, conservator or
custodian of any account owner (even if appointed in a state or country other than the one in which we
maintain your account). You authorize BBVA Compass to honor orders to pay or withdraw funds received by it from
any of these persons in writing, orally, or electronically (including by telephone).</p>
<p><strong>Powers of Attorney/Agents.</strong> We may, but are not required to, honor orders and instructions concerning
your account by an attorney-­in-­fact for any account owner, or by a personal representative, guardian, conservator, or custodian of an account owner. You should notify us in advance if you plan to use a power of
attorney involving your account. We may require that a power of attorney be executed on a form
acceptable to us, that the power of attorney contain language satisfactory to us and/or that the attorney­-in-fact present the original power of attorney before we honor the orders or instructions of the attorney-in-fact.
We may restrict the types and dollar amount of transactions an attorney-in-fact may conduct. We
may terminate acceptance of a power of attorney at any time and for any reason and without notice to
any account owner or any other person. If we honor the orders and instructions of the attorney-in-fact, account
transactions conducted by the attorney-in-fact and the instructions and orders of the attorney-in-fact are
binding on all account owners. If we accept a power of attorney, we may continue to recognize and honor the authority of
the attorney-in-fact until we receive written notice of revocation or termination of authority and have had a
reasonable time to act on it. We assume no duty to monitor the actions of your attorney-in-fact to ensure
that (s)he acts for your benefit.</p>
<p>If you make your account number, your Card, or personal identification numbers and/or security codes
available to any third person for the purpose of transacting business on your account, you agree to
assume full responsibility for any errors or wrongdoing performed or caused by such third person. You
are responsible to us for any actions of such third person, regardless of whether those actions exceed the
authority given.</p>
<p><strong>Processing and Posting Order.</strong> You authorize and agree that BBVA Compass may, in its sole discretion, determine
the order that it processes and posts credits, debits and holds to your account. You also authorize and
agree that the order and/or manner in which BBVA Compass processes and posts credits, debits and holds may vary by
the product, service, account type or type of transaction. You also authorize and agree that BBVA Compass is
allowed to pay or authorize some credits, debits, and holds, and decline or return others, in any order it
deems appropriate. The order in which BBVA Compass posts credits, debits and holds to your account may not be the
same as the order in which you make the withdrawals from or deposits to your account. You agree that
any order in which BBVA Compass processes and posts credits, debits and holds to your account will not be an abuse of
discretion. If two or more items are presented for payment from your account on the same day, BBVA Compass may
pay or charge the items to your account in any order without regard to any contrary instructions from you,
even if paying a particular item or items causes the available balance for your account to be insufficient to
pay one or more other items that otherwise could have been paid. BBVA Compass may pay items drawn on it and
other amounts that you owe us under this Agreement or otherwise, and BBVA Compass may exercise any rights of set
off we may have against the account before it pays any other item.</p>
<p>If an item was initiated at a point-of-sale terminal or is a Visa transaction or ATM transaction, you agree
that BBVA Compass may charge the amount of the item to your account or place a hold on your account in the amount
requested by the merchant immediately upon authorization of such transaction, even though it has not
then actually received the item for payment. BBVA Compass will make payment for a transaction only after the actual
transaction is presented to it physically or electronically. Each such hold will reduce the available
balance in your account by the amount of the hold.</p>
<p>Without limiting BBVA Compass' options to process and post credits, debits and holds to your account in a different order and without limiting your authorization for us to do so, BBVA Compass generally processes and posts transactions to your account as follows: BBVA Compass posts transactions to your account throughout the day, unlike many banks that post transactions at the end of the day. BBVA Compass’ system allows it to more closely match the posting of transactions to your account with the timing of your actual transaction activity. This will enhance your banking experience by providing you more timely information concerning your account, but it is important to remember that because transactions post throughout the day, deposits made later in the day may not be available to cover withdrawals that post earlier in the day. Because transactions will post to your account throughout the day, it is important to keep an accurate account record and to be sure your available balance is always sufficient to cover your purchases, withdrawals and payments.
<p><strong>Telephone Calls: Calling, Monitoring and Recording.</strong> By providing us with your home telephone or cellular telephone number, you authorize
us to contact you using any Automatic Telephone Dailing System, Pre-recorded Voice, Voicemail or Messaging Service. You agree that all numbers provided will be US numbers. In addition, you agree that we may also contact you at any telephone number that is obtained for you in the future using any Automatic Telephone Dailing System, Pre-recorded Voice, Voicemail or Messaging Service. You understand that a “telephone number” includes, but is not limited to, a cell phone or other wireless device number and “calls” include, but are not limited to, telephone calls, prerecorded or artificial voice message
calls, text messages, and calls made by an Automatic Telephone Dialing System from us or our affiliates
and agents. As examples, we may place calls to you about fraud alerts, deposit holds, and amounts you
owe us (collection calls) on your accounts or text you an authorization code to verify you at sign-in. This express consent applies to each telephone number that you provide to us now or in the future. You agree to notify Simple promptly if any of your contact information changes. Failure to provide Simple a current US cellular number could result in an inability to sign into your account due to two-factor authentification. Calls and messages may incur charges from your communications provider.</p>
<p>You consent and authorize us to monitor, and to record, telephone conversations and other electronic
communications you have with us and with our representatives for reasonable business purposes,
including security and quality assurance. We will not remind you that we may be monitoring or recording a
call at the outset of the call unless required by law to do so.</p>
<p><strong>Electronic Communications.</strong> To the fullest extent permitted by law, this Agreement, account
statements, notices and other communications (collectively, “communications”) from us to you regarding
your account(s) and related services with us may be provided to you electronically, and you consent and
agree to receive those communications in an electronic form. Electronic communications may be posted
on the pages within the Simple Website and/or delivered to your email address. You may print a paper
copy of or download any electronic communication and retain it for your records. All communications in
electronic format will be considered to be "in writing," and to have been received on the day of posting, whether or not you have received or retrieved the
communication. We reserve the right to provide communications in paper format.</p>
<p>Your consent to receive communications electronically is valid until you revoke your consent by notifying
us of your decision to do so. If you revoke your consent to receive communications electronically, Simple will
terminate your right to use the Simple Website or to obtain or maintain Simple account(s) and related
services, and you accept sole liability for resulting from an involuntary termination of your Simple
account(s) and related services, to the extent permitted by law.</p>
<p><strong>Delivery of Account Statements and Other Communications.</strong> Except as expressly provided otherwise
in this Agreement, we will mail, send electronically, or otherwise make communications available to you.
Please review promptly all communications we deliver or make available to you. If communications are
mailed to you, they will be delivered to you at the postal address shown in our records. If
communications are sent to you electronically, they will be delivered to you at the email address shown in
our records or otherwise made available to you on the Simple Website. However, we retain printable
versions of your account statements for seven (7) years, or longer periods as may be required by
applicable law. You agree to give Simple notice of any change of your postal or email address. Any account owner or authorized signer of a Joint Account may change the mailing address for your account. Notice to any one account owner shall constitute notice to all Joint Account owners in a Joint Account. </p>
<p><strong>Periodic Statements.</strong> BBVA Compass will deliver or make available to you with Simple's assistance, periodic statements for your deposit
account at approximately monthly intervals unless we specify to you another interval period when you
open your account or thereafter. The account statement will describe each item by item number (where
appropriate), amount, and date of debit or credit. You agree to notify Simple promptly if you do not receive
your statement by the date you normally would expect to receive it. For certain types of accounts, the
periodic statement may be accompanied by the items or a facsimile of those items listed on the
statement, unless the item or an image of the item is unavailable for any reason, for example, when an
item is electronically presented (or re-presented) for payment against your account. If we comply with the
foregoing provisions of this Section, you agree that the statement and items all have been delivered or
made available to you in a reasonable manner. We will not be responsible for any indirect, special or
consequential damages under any circumstances for our inability to provide copies. Our liability, if any,
will not exceed the face amount in question.</p>
<p><strong>Errors; Unauthorized Transactions and Forgeries.</strong> Our records regarding your accounts will be
deemed correct unless you timely establish with us that we made an error. It is essential that any account
errors (including missing deposits or deposits that do not apply to your account), unauthorized transactions, alterations, unauthorized signatures,
unauthorized or forged endorsements, forgeries, encoding errors, posting errors (such as debits or credits
posted twice, debits posted as credits or credits posted as debits), unauthorized or disputed fees (of any
kind) or any other improper transactions on your account (collectively referred to as “exceptions”) be
reported to Simple as soon as reasonably possible. Otherwise, we may not be liable for the exceptions. You
agree that you will carefully examine each account statement or other communication you receive and
report any exceptions to Simple promptly after you receive the statement or other communication. You agree
to act in a prompt and reasonable manner in reviewing your statement or other communication and
reporting any exceptions to Simple. If you do not report an exception to Simple within thirty (30) days after BBVA Compass sends
or makes the statement or other communication available to you, you agree that we will not be liable to you
for any loss you suffer related to that exception and that you cannot later dispute the transaction amounts
and information contained in the statement. This means that, if you do not report exceptions to Simple within
thirty (30) days after BBVA Compass sends or makes the statement or other communication available to you, we will not
reimburse you for any such disputed amounts or any loss you suffer, including, but not limited to, any
amounts lost as a result of: paying any unauthorized, forged, or altered item, or paying any other item
altered or forged by the same wrongdoer if we paid the other item before we received notice of any of
these exceptions from you. Except as provided by applicable law, you also agree that we will not be
required to reimburse you for any exceptions caused by your own negligence. Different rules may apply
to items that are electronic fund transfers. In any case, you agree to repay us promptly any amount
credited to your account in error, and you authorize us to debit your account to obtain payment of any
erroneous credit.</p>
<p><strong>Record Retention.</strong> BBVA Compass will retain any item paid on your account for a period of fifteen (15) business days
from the date the item posts to your account. BBVA Compass will retain copies of those items for seven (7) years.</p>
<p><strong>Signatures; Mobile and Facsimile Signatures.</strong> Before using any form of facsimile or mobile signature in
connection with a Deposit Account, you agree to submit a sample to Simple and to execute and deliver
agreements in a form we require. When you use a facsimile or mobile signature, you agree that you shall
have the sole responsibility for ensuring the security of the facsimile or mobile signature, and you bear the
entire risk for unauthorized use thereof, whether or not you are negligent, except where it may be
required by law. We will not reimburse you or any other person for items drawn in this fashion by any
unauthorized person or by any person who exceeds his or her authority to do so, and we may honor all
of these type items presented to us. You agree to indemnify and hold us harmless from all losses
resulting from our honoring an item in any instance in which the item bears or purports to bear a facsimile
signature resembling a signature on file with us, regardless of by whom or by what means the actual or
purported signature was affixed to the item. You agree that signatures by your authorized agents (e.g.,
persons acting under a power of attorney) are valid, even if the principal-agent relationship is not
indicated on the instruction. You agree that no facsimile or mobile signature we have been authorized to
honor may be considered a forgery or an unauthorized signature, and that such facsimile shall be
effective as your signature or endorsement, whether or not you have been negligent. We may rely on
each signature on prior authorized items in all transactions connected with the account. We are not
required to act upon instructions received by fax transmission, voice mail, support message, or e­mail
unless you are reporting a Regulation E dispute to us.</p>
<p><strong>Check Signature Verification.</strong> We may process certain checks mechanically, based on the information
encoded on the items. Although we may review checks from time to time, you understand that reasonable
commercial standards do not require us to do so.</p>
<p><strong>Items Not Bearing Your Signature.</strong> If you give information about your account to a third-party who
represents to you that, in the ordinary course of its business, it will present unsigned items or demand
drafts, (i.e., items which do not bear your actual signature, but purport to be drawn with your
authorization) for payment or initiate transfers from your accounts, then any item initiated by that person
will be deemed authorized by you, even though they do not contain your signature and may exceed the
amount you authorized to be charged, and may be charged to your account. This provision shall not
obligate us to honor such items. We may refuse to honor such items without cause or prior notice, even if
we have honored similar items in the past. You assume the entire risk that the information you furnished
may be used improperly or by an unauthorized person. We will not reimburse you or any other person for
items drawn in this fashion by any unauthorized person or by any person who exceeds his or her
authority to do so, and we may honor all items of this type presented to us.</p>
<p><strong>Wire Transfers.</strong> When BBVA Compass accepts a wire transfer payment order instructing payment to you or to your
account, BBVA Compass will notify you of its receipt of payment by indicating the amount in your account statement.
If the payment order does not specify an account, BBVA Compass may deposit the payment into any account that you
maintain with it (including Joint Accounts). Your account statement will be the only notice of receipt which
BBVA Compass will provide you, and no interest will be paid on wire transfer payments deposited into your account
unless the account otherwise pays interest. If there is ever any inconsistency or conflict between the
account number and the name of a recipient on an instruction or payment order, BBVA Compass may rely exclusively
on the account number and bank identification number contained in a payment order rather than the
name. </p>
<p><strong>Insufficient Available Balance and Overdrafts.</strong> If your available balance is insufficient to pay the total
amount of items presented against your account, BBVA Compass may, at its option, return any of the items unpaid or
pay any or all of the items, even though payment will cause an overdraft of your account. BBVA Compass may return
any item at any time if your available balance is insufficient to pay that item, even if it previously has
permitted overdrafts. You are not entitled to rely on any prior act by us with respect to your account. BBVA Compass'
election to pay overdrafts does not establish a course of dealing between you and it or modify the terms
of this Agreement. You agree that, if your available balance is insufficient to pay any item presented
against your account, you will pay promptly the amount of any overdraft without further notice or demand.
Your failure to pay this amount promptly may result in charges to your account. BBVA Compass may use subsequent
deposits and other credits to the account to cover any overdraft and any charges existing in your account. Each account owner will be jointly and severally liable for the charges regardless of which account owner is responsible for their occurrence.
In the event you fail to pay amounts that you owe us relating to the account, including, but not limited to any overdrafts, you agree to pay all reasonable costs and expenses, incurred by us in collecting such accounts, including without limitation, attorney’s
fees, collection agency fees, and court costs, incurred by us. These charges are
imposed on any items, regardless of how they are created.</p>
<p><strong>Stop Payment Orders.</strong> You may request us to stop payment on any draft or similar written order or
instruction drawn on your account by giving Simple the information requested, including the account
number, the item number, the date of the item, the payee of the item, and the exact amount of the item.
We will search for your item by computer, so it is essential that all information you give us be accurate. To
be effective, any stop payment order must be received in time to afford BBVA Compass a reasonable opportunity to act.
Your oral stop payment order will be confirmed in writing, and the information included in the written
confirmation will be conclusively presumed to be correct unless you notify Simple within fourteen (14) days of
the date of the confirmation. Confirmed stop payment orders will be continued in effect for a period of two
(2) years from the date the initial oral stop payment order was placed or such other period of time as
required or under applicable law, regulation or rule (including, but not limited to, the UCC as enacted
under any applicable law, regulations issued by the Federal Reserve Board and rules issued by the
National Clearinghouse Association). A confirmed stop payment order will expire at the end of the two-year
period unless you revoke it at an earlier date or renew it in writing for an additional two-year period.
You may not stop payment on an item if BBVA Compass has verified to the payee that the available balance in your
account is sufficient to pay such item, or if BBVA Compass has accepted that item by payment or otherwise. Any
account owner may place a stop payment order, and BBVA Compass is not required to release a stop payment order
unless requested to do so by the account owner who requested it. You agree to indemnify us and hold us harmless from
and against any loss, damages, and expenses (including attorney’s fee) we may incur by reason of our
refusal to pay any item upon which you have stopped payment. For stop payment orders on preauthorized
electronic funds transfers, please refer to the Electronic Fund Transfer Disclosure Statement
in this Agreement. </p>
<p><strong>Illegal Transactions.</strong> You agree that you will not use your account for any transaction that is illegal in the
jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other
jurisdiction affected by the transaction. You agree that it is your responsibility to determine the legality of
each of your transactions in all applicable jurisdictions before entering into the transaction. You
acknowledge and agree that we have no obligation to monitor, to review or to evaluate the legality of
transactions on your account. You also agree that you will not use your account in connection with any
Internet or online gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We
reserve the right to refuse or return any item that we believe is related to an illegal transaction, an Internet
or online gambling transaction or a high-risk transaction. To the fullest extent permitted by law, you agree
to pay for any item that you authorized, even if the transaction related to that item is determined to be
<p><strong>Deposits.</strong> We may refuse to accept for deposit or collection any item you offer for deposit, accept all or
any part of a deposit for collection only, or limit the amount of the deposit. BBVA Compass may without prior notice to
you (except where prior notice is required by law) place a hold on the account for the amount of deposited
items for the approximate period of time it takes us to verify that the items will be paid. During the hold
period, interest-bearing accounts will earn interest in accordance with the interest schedule. We may
accept an item for deposit to your account from anyone and without questioning or verifying the authority
of the person making the deposit. Any item that we cash or accept for deposit may be subject to post
verification and final payment. BBVA Compass may deduct funds from your account if an item is lost (unless such item
was lost due to BBVA Compass’ negligence), stolen or destroyed in the collection process, if it is returned
to BBVA Compass unpaid, or if it was improperly paid, even if you have already used the funds. Cash deposits are also subject to post-verification. Credit for any item we accept for deposit to your account, including funds that are deposited by electronic transfer, is provisional
and may be revoked if the item is not finally paid, for any reason, in cash or its equivalent. If you make a
deposit or payment that is not accompanied by instructions indicating how or where it is to be credited, BBVA Compass
may apply it at its discretion to any loan or deposit account any of you maintain with BBVA Compass. BBVA Compass may endorse
and/or collect items deposited to your account without your endorsement, but may require your personal
endorsement prior to accepting an item for deposit. If you deposit an item that bears the endorsements of
more than one person or persons who are not known to us, we may refuse the item, require all endorsers
to be present, or require that the endorsement be guaranteed by another financial institution acceptable
to us before we accept the item.</p>
<p>Our policy on the availability of deposits for withdrawal is described in the Funds Availability Disclosure.
Please see the Mobile Deposit Agreement section below for information about the availability of funds
from deposits made using Simple Mobile Deposit.</p>
<p><strong>Collection as Agent.</strong> Items delivered to us for deposit or collection are received by us as your agent for
collection and at your risk. We may accept an item for collection only (such as a returned deposited item
or an item drawn on a non-U.S. institution). In situations where we accept an item for collection only, BBVA Compass
will not give you cash or an official check for the items until the items have been paid. We are obligated
only to exercise ordinary care in handling and collecting items delivered to us for deposit or collection. We
shall not be liable for the misconduct, neglect, insolvency, mistake, or fault of other persons or entities, or
for loss or destruction of any item in transit or in the possession of others or for loss of use as a result of
theft, fire, or other event beyond our reasonable control. If any item deposited to your account is payable
by a payor that is not a bank, BBVA Compass may send the item directly to that payor. Items payable through another
bank may be sent directly to that bank or to collecting agents who likewise shall have the right to send the
items directly to the bank on which they are drawn or at which they are payable. Payment of these items
may be accepted in cash or drafts and neither we nor any collecting agents shall be liable for failure to
collect such drafts. Each collecting agent is deemed to be your agent. No collecting agent shall be liable
for loss arising from any act or omission of another agent.</p>
<p><strong>ACH Credits.</strong> Credit for an automated clearinghouse (“ACH”) transfer is provisional until final payment is
received by the payee’s financial institution. Until that happens, the party originating the transfer is not
deemed to have made payment to the beneficiary, and the payee’s bank is entitled to a refund of the
provisional credit. If BBVA Compass gives you provisional credit for an ACH transfer, but do not receive final payment,
you become obligated to us for the full amount without prior notice or demand. BBVA Compass is not required to
give you a separate notice of its receipt of an ACH transfer. If BBVA Compass accepts ACH credits to your account,
you will receive notice of the credit on your next regular periodic statement. Although we may send notice
of a non-ACH incoming funds transfer (e.g., a wire), we assume no obligation to do so. You also can
contact Simple to determine if a transfer has been credited to your account.</p>
<p><strong>Joint Deposits.</strong> If an account is a Joint Account, our rights and liabilities for payment of any sums on deposit shall be governed by the laws of the state in which we maintain your account. </p>
<p><strong>Deposits by Agents or Trustees.</strong> Where a deposit is accepted from an agent, trustee, or other
representative, we do not have to inquire as to the authority of the representative, and the deposit may be
paid to the account owner or to the representative without inquiring as to the disposition of the deposit.</p>
<p><strong>Check Endorsement Standards.</strong> If you deposit checks into your account, you are responsible for the condition of the back of the check when it is deposited. The back of the check is used during the check collection process to record the identification of banks processing the check. Most of the back of the check is reserved for bank use. You agree that the endorsement of the check must be contained in the payee endorsement area, which is limited to 1-1/2 inches from the trailing edge of the check on the back. The trailing edge of the check is defined as the left side of the check looking at it from the front. Any writing, stamp, or marking outside of the payee endorsement area may delay the proper return of any unpaid check you have deposited. You agree to indemnify us from any loss or liability, including attorney’s fees, that may be caused by your failure to adhere to the endorsement standards of the Federal Reserve System. </p>
<p><strong>Direct Deposit and Deposits by Mail.</strong> BBVA Compass' direct deposit service and deposit by mail service are for your
convenience. We are not accountable for deposits made in this manner until the deposit is actually
accepted and processed by our authorized employees. Deposits made in this manner will be posted to
your account after acceptance by our authorized employees and the expiration of any applicable hold.
BBVA Compass' records are conclusive proof of what deposits BBVA Compass has received from you through the mail service. If any
direct deposit is recalled, BBVA Compass is authorized to reverse the deposit without prior notice to you, except as
otherwise required by law. Your claim that an item was deposited, which is now missing, will not create a
presumption that there is a missing item or that we failed to act with ordinary care.</p>
<p><strong>Chargebacks.</strong> In the event a deposited item drawn on BBVA Compass (an “on us” item) is determined by BBVA Compass not to be
payable for any reason or a deposited item drawn on any other payor is returned to BBVA Compass for any reason,
without regard to whether the other payor returned the item to BBVA Compass before its deadline to do so, BBVA Compass may
charge the item (a “chargeback item”) to your account or to any account of which you are an owner
(including any Joint Account) or an authorized signer. BBVA Compass may debit all or part of a chargeback item to
your account even if doing so results in or causes an overdraft of your account and regardless of whether
the item can be physically returned to you. You waive notice of dishonor in connection with any item that
is not finally paid in full and that BBVA Compass charges back to your account. We may recover from you any amount
withdrawn by you against a chargeback item. In the event that BBVA Compass' debit of all or part of a chargeback item
results in or causes an overdraft of your account, BBVA Compass may obtain and retain possession of the item, if it is
available, until it recovers from you the amount of any overdraft of your account and for a reasonable
time thereafter. If BBVA Compass' debit of all or part of a chargeback item that is an “on us” item does not result in or
cause an overdraft of your account, our deadline for return to you of the item, if it is available, shall be six (6)
business days after it makes such determination. If we are notified that any item for which you received
payment or credit to your account is not properly payable, you agree that, without notice to you, BBVA Compass may
authorize the drawee bank to hold the item and try to obtain payment. BBVA Compass will not initially decide whether
a deposited item has been improperly returned; if you believe that a deposited item has been improperly
returned, you should contact Simple immediately. We will not be responsible for failing to pay any item
presented against your account before a deposit becomes available for withdrawal, as set forth above, if
the available balance in your account, without regard to such deposit, is insufficient to pay the item, as
provided in Section 6.</p>
<p><strong>Error Correction.</strong> Errors in posting, addition, subtraction and calculation, whether by you or us, are
subject to correction by us at any time; provided that we may not be obligated to correct certain errors if
you fail to notify Simple of the exceptions in a timely manner as described in Section 5. You agree to repay us
promptly any amount credited to your account in error, and you authorize BBVA Compass to charge your account or
any other account of which you are an account owner, to obtain payment of any erroneous payment or
<p><strong>Miscellaneous.</strong> BBVA Compass may, in its discretion and without notice to you, either pay or return any check that is presented to us for payment more than six (6) months after the date of that check (a “stale-dated” check), even if the presentation occurs after the expiration of a stop payment order. We normally do not examine the date on checks presented for payment. You agree that we are not required to identify stale-dated checks or to seek your permission to pay them. BBVA Compass also may, in its discretion and without notice to you, either pay or return any check we receive before the date on that check unless you have complied with any applicable statute regarding postdated checks and you have provided us with notice of the postdating in time for us to have a reasonable opportunity to act on it before the check is presented to us for payment. Your notice about any postdated check must be given in the same manner as a stop payment order and must provide the same information required for stop payment orders. BBVA Compass may disregard any information on an item drawn on your account other than the
signature, the amount of the item, the date of the item, the account number, and the endorsements.
Although we are not obligated to, we may pay or accept checks and other items bearing restrictions or
notations (e.g., “void after 6 months,” “two signatures required,” “payee’s endorsement required,” “not
good for more than $(amount),” “void if not paid in (number) days,” “payment in full,” and the like),
whether on the front or back, in any form or format. If you cash or deposit an item or create an item with
such a notation, you agree that it applies only between you and the payee or maker. The notation will
have no effect on us, and you agree to accept responsibility for payment of the item. BBVA Compass shall have the
right, but not the obligation, to process any item that is materially incomplete or has been altered.</p>
<h3>8. WITHDRAWALS</h3>
<p>You may withdraw part or all of your account’s available balance. Any account owner or any agent of any owner of a Joint Account may withdraw all or part of the available balance in the account, regardless of who deposited the funds
into the account. We accept no responsibility or obligation, except as required by law, to supervise or
review the use of your account.</p>
<p><strong>Multiple Signatures</strong> Although your signature card, or your checks may indicate that more than one signature is required on checks and for the withdrawal or transfer of funds, that notation is principally for your own purpose. We expressly disclaim a duty to enforce multiple signature requirements. As such, we expressly disclaim a duty to confirm that two or more (or any combination) of authorized users have approved any transaction. We may act upon the instructions or order of any one owner or authorized signer. However, at our discretion, we may require all of your signatures for the withdrawal of funds and/or the closing of any account.</p>
<p><strong>Restrictions on Withdrawals.</strong> All payments from your account must be drawn in U.S. dollars. We may (but are not obligated to) require
suitable identification and/or presentation of account ownership records for any withdrawal or account
<p>Without prior written notice to you, BBVA Compass may place a hold on your account to cover a claim against your
account, or BBVA Compass may pay the source of the claim when it receives any notice, claim, or court order which
it believes may affect your account (such as liens, garnishments, attachments, levies, injunctions, or
other orders of a court or other governmental agency), regardless of the form or manner in which it
receives the notice, claim, or court order and regardless of whether it is a named party to the notice,
claim, or court order. We will not be responsible for refusing to let you withdraw funds from the account or
refusing to pay items presented against your account while the hold is in effect or after BBVA Compass has paid
funds to the source of the claim.</p>
<p><strong>Conflicting Demands/Disputes.</strong> If there is any controversy, dispute or uncertainty regarding the
ownership of an account or its funds, there are conflicting demands over its ownership or control, we are
unable to determine any person’s authority to give us instructions, or we believe a transaction may be
fraudulent or may violate any law, we may, in our sole discretion, refuse to pay any funds to anyone until
we are satisfied that the controversy, dispute or uncertainty is resolved, or we may continue to honor the
authority of account owners and authorized signers as reflected on our records. Specifically, we may, in our sole discretion: (1) freeze the account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person’s right and authority over the account and its funds; (2) refuse transactions and return checks, marked “Refer to Maker” (or similar language); (3) require the signatures of all owners and/or authorized signers for the withdrawal of funds, the closing of an account, or any change in the account regardless of the number of owners and/or authorized signers on the account; (4) pay or offer to pay the account balance to a court of appropriate jurisdiction, naming all of the claimants to the account as defendants in an interpleader action (you agree to reimburse us for all expenses we incur in an interpleader action, including attorney’s fees and costs, and we may obtain reimbursement of those expenses from your account without notice to you); and/or (5) continue to honor checks and other instructions given to us by persons who appear as owners or authorized signers according to our records. The existence of the
rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction.
We will not be responsible for any damages you may suffer as a result of our refusal to allow you or
anyone else to withdraw funds due to the controversy, dispute or uncertainty or our allowing any existing
owner or authorized signer to continue to conduct transactions on the account during the controversy,
dispute or uncertainty.</p>
<p><strong>Legal Process</strong> We may comply with any writ of attachment, execution, garnishment, tax levy, restraining
order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid. We
may not pay interest on any funds we hold or set aside in response to legal process. You agree that we
may honor legal process that is served personally, by mail, or by facsimile transmission at any of our
offices (including locations other than where the funds, records or property sought is held), even if the law
requires personal delivery at the office where your account or records are maintained. You acknowledge
that accounts opened with trust or fiduciary designations (e.g., “XYZ, Inc. ­ Client Trust Account”) may be
subject to levies and other legal process against your property unless our records clearly reflect the
existence of an express written trust or court order.</p>
<h3>9. SUB-ACCOUNTS</h3>
<p>BBVA Compass may establish two “sub-accounts” on its books for certain deposit accounts. If BBVA Compass elects to establish
the sub-accounts, it will not affect the other terms and conditions of your account or this Agreement, the
Federal Deposit Insurance protection afforded on your account, the interest (if any) paid on your account,
the service charges imposed in connection with your account, or the Truth in Savings disclosure given to
you. Both of the sub-accounts will remain your accounts, but will be used by BBVA Compass internally to manage your
funds. The first sub-account will qualify as and be treated as a “savings deposit account” for the purposes
of Federal Reserve Board regulations. You authorize BBVA Compass to transfer funds between the two sub-accounts
consistent with Federal Reserve Board regulations. As such, BBVA Compass must advise you that the regulations
require that BBVA Compass reserves the right to require at least seven (7) days’ written notice prior to the withdrawal or
transfer of funds from the savings sub-account.</p>
<p>BBVA Compass does not currently exercise that right with respect to these savings sub-accounts. In the event BBVA Compass
determines to exercise that right, BBVA Compass will close the savings sub-account and transfer all funds back to your
current account and cease the sub-account agreement. Your deposit and withdrawal capabilities are not
affected by BBVA Compass election to establish the sub-account.</p>
<p> BBVA Compass may be required to transfer the balance in any account that remains dormant, or that is otherwise
considered “abandoned” or “unclaimed” for the period of time described by the laws of the state where BBVA Compass
maintains your account (or, if applicable, the laws of the state of your last residence as shown on our
records) to that state as “abandoned” or “unclaimed” property. If funds are remitted to the state, you may
file a claim with the state to recover the funds. For security reasons, BBVA Compass may refuse a withdrawal or
transfer from accounts it internally classifies as dormant if we cannot reach you in a timely fashion to
confirm the transaction’s authorization. In the case of interest-bearing accounts that become dormant, BBVA Compass
also may reduce the rate of interest or cease paying interest as disclosed on the applicable schedule and
in accordance with applicable state law. Once an account is classified as being in dormant status, you
should contact Simple at 1-888-248-0632 or send a support message via or Simple’s Mobile
Applications to request that the account be reclassified as “active.” Simply conducting a transaction on an
account classified as dormant will not necessarily cause the account to be reclassified as “active”.</p>
<h3>11. SET OFF</h3>
<p>You acknowledge that, except as otherwise prohibited by law, BBVA Compass have the right to charge or set off
against your account any indebtedness or other obligations which you or any owner owe us, at any time, without any
further notice to or demand on you, whether the indebtedness or other obligations exist at the time the
account is opened or arise later. The indebtedness includes, without limitation, all charges and overdrafts
incurred on any account you hold with BBVA Compass. You agree that BBVA Compass may set off against the account any claim
which we have against you without regard to the source or ownership of the funds on deposit in the
account and without requirement that the claim be owed to us by all of the account owners. You also agree that, to the extent allowed by law, BBVA Compass may set off any indebtedness or other obligations which you owe us under this Agreement against any other account or property in which you
have an ownership interest that is in BBVA Compass' possession or control.</p>
<h3>12. WAIVERS</h3>
<p>You waive and agree that we may waive certain legal requirements called presentment, demand for
payment, protest, notice of protest, and notice of dishonor with respect to any and all items for which you
received payment or credit from us. No departure by us from the provisions of this Agreement or any
waiver of any fees and charges with respect to your Account shall constitute a waiver by us of any further
right to impose any charges or enforce the provisions of this Agreement or a course of dealing different
from the terms of this Agreement.</p>
<h3>13. OTHER SERVICES</h3>
<p>If you have chosen to receive any of the other banking services offered in connection with your account,
such as online banking and mobile banking, we may provide certain terms and conditions of the
additional service to you in a separate agreement or disclosure.</p>
<p>Interest will be paid on interest-bearing accounts at the times and at the rates adopted from time to time
by BBVA Compass. On each interest payment date, interest will be paid only if, on that date, the ledger balance for the
account is equal to or more than the minimum amount required by BBVA Compass in order for you to receive interest
on that account. At any time and without prior notice to you (except where prior notice is required by law),
we may change these rates and minimum ledger balance amounts or discontinue the payment of interest.
The originally effective interest rates and required minimum ledger balance amounts are shown on the
interest schedule provided to you at the time you opened your account, and a schedule containing current
interest rates and required minimum ledger balance amounts is available to you upon request. Interest
paid to you is reportable to the Internal Revenue Service as having been received by the first account owner shown on our records maintained for the account. BBVA Compass may be required to withhold a portion of
your interest payment and remit it to the Internal Revenue Service.</p>
<p><strong>No Business Usage.</strong> We reserve the right to close your consumer account if we determine that it is used
for business purposes (meaning that the account is not used primarily for personal, family, or household
purposes). Your account may be considered a business account if, among other reasons, it fits into one
or more of the following examples: your account has a business name; deposits include credit card drafts;
your account has over 100 withdrawals per month; deposits regularly contain over $2,500 in cash; or your
account has over 10 deposits per month.
If BBVA Compass discontinues your type of account, BBVA Compass may convert your account to another type of account. BBVA Compass may
also convert your account to another type of account based on its evaluation of how you use the
account. If BBVA Compass converts your account, BBVA Compass will provide you with information containing the terms and
conditions of your new account.
<p><strong>Changing Account Type.</strong> If you should change from one product/account type to another during the
statement period, your account will be subject to the periodic charges and fees and requirements of the
new product/account type for the entire period.</p>
<h3>16. APPLICABLE LAW</h3>
<p>This Agreement and all accounts are governed by the laws of the State of Alabama and applicable
federal laws and regulations in effect from time to time and are subject to any applicable automated or
other clearinghouse rules and regulations. A determination that any provision of this Agreement is
unenforceable or invalid shall not affect the enforceability or validity of any other provision of this
Agreement. You acknowledge that any cause of action arising under this Agreement will be a cause of action arising from a transaction occurring in Alabama. You hereby submit to jurisdiction in Alabama for any action arising out of or in connection with this Agreement and waive any and all rights under the laws of any state to object to jurisdiction within Alabama. Nothing contained in this paragraph shall prevent us from bringing any action or exercising any rights against you in any other county, state, or jurisdiction. Initiating such action or proceeding or taking any such action in any other county, state, or jurisdiction shall in no event constitute a waiver by us of any of the foregoing.</p>
<p><strong>No Checks.</strong> Checks cannot be ordered or written on your accounts. Any payments from your account
that involve a check, including written checks, check by phone or third party authorizations that come
through as a check, will not be honored. </p>
<p>Checks should not be ordered from any source for your account. When providing account and routing
numbers to merchants to make a payment, (whether in person, electronically or over-the-phone) you
need to ensure that the merchant is using the ACH (Automated Clearing House) system to process the
transaction as an electronic debit, as ACH is an accepted form of payment for these account types. If the
merchant processes a payment as a check, the check will be rejected and not paid, this includes e-checks. You may be charged
a fee by the merchant if this happens.</p>
<p>Notwithstanding the above or any other provision in this Agreement, we may, in our discretion, accept a
check drawn on the account. Accepting any such check(s) does not constitute a course of dealing
between you and us, nor will you hold us liable for accepting any duly authorized check(s) drawn on the
account. </p>
<p><strong>Closing Your Account.</strong> We reserve the right to close your account at any time, for any reason or for no
reason, without the necessity of prior written notice. If we close your account, we will notify you by mail,
electronically or by telephone that we have closed your account unless your account has had a zero
balance for thirty (30) days or more. BBVA Compass may (but does not have to) mail you a check for the available
balance in your account. Written notice that the account has been closed and a check, if any, will be sent
to any address shown on our records for you, or if the account is a Joint Account, to any account owner to whom we elect to send it. Once we have closed your account, you agree that we can:</p>
<li>Refuse to honor any checks you have written or any other items which are presented to us for
payment after we have closed your account.</li>
<li>Refuse to collect any check you have deposited in your account, to collect any check you have
deposited to your closed account, or to accept any automated deposit to your account.</li>
<li>Assess any service charge otherwise applicable against any remaining balance in your account.</li>
<p>We are not responsible to you for any damages you may suffer as a result of your account being closed.
If you attempt to make a deposit to an account we closed due to non-payment of an overdraft or
otherwise, BBVA Compass may collect the deposit and set off your indebtedness to us. Any funds in excess of $1.00
will be returned to you.</p>
<p>We reserve the right to refuse your request to close your account, if your account is not in good standing.
If you intend to close your account, you should notify us. Simply reducing your account balance to $0.00
is insufficient notice. If you close your account you are responsible for transactions you initiated or
authorized, including those that we receive after the account is closed.</p>
<p><strong>Indemnification.</strong> Except as otherwise set forth in this Agreement, you agree to indemnify, defend and
hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without
limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with
your accounts or our services, and (b) our actions and omissions, provided that they are taken/omitted in
accordance with this Agreement or your instructions. This provision shall survive the termination of this
<p><strong>Survival of this Agreement.</strong> All provisions of this Agreement, including, but not limited to the dispute
resolution provisions contained in Section 3, shall survive the termination of this Agreement or closure of
your account(s) by either party for actions arising in connection with this Agreement or your account(s).</p>
<p><strong>Amendments/Changes to this Agreement.</strong> From time to time, we may amend or change (add to, delete
or alter) the terms of this Agreement and make modifications and additions to the Simple Website and
other services we provide. Amendments of this Agreement may include modifying and deleting existing
provisions and adding new provisions. We agree to provide you notice of any amendment to the terms of
the Agreement (except an amendment benefiting you) at least thirty (30) days, or a longer period if
required by law, before that amendment becomes effective by mailing you notice of the amendment to the
last postal address shown on our records, electronically if you have agreed to receive such notices
electronically, by making the notice available with the periodic statement of your account (as applicable),
or by posting notice of the amendment on the Simple Website. We may, but are not required to, give you
notice if the amendment will be to your benefit. If there is more than one account owner, we will send the notice of amendment to only one of you. By continuing to maintain your account, conducting a
transaction or obtaining services or products relating to this Agreement or your account after the
amendment becomes effective, you agree to the amendment of this Agreement. We also may, in our sole
discretion, substitute services or discontinue certain kinds of services, products and accounts, and place
restrictions on certain types of accounts. If BBVA Compass discontinues the kind of account you have, BBVA Compass can transfer
your account balance to another type of account. In that case, we will send you a notice at least thirty (30)
days before the transfer takes effect. By continuing to maintain your account, conduct a transaction, or
obtain services or products from us after the transfer takes effect, you expressly agree to the change in
the kind of account you have.</p>
<p><strong>Severability.</strong> If any one or more of the provisions contained in this Agreement shall for any reason be
held invalid, illegal, or unenforceable for any reason, such holding shall not invalidate or render
unenforceable any other provisions of this Agreement. To the extent permitted by applicable law, the
parties hereto waive any provision of law which prohibits or renders unenforceable any provision hereof,
and to the extent that such waiver is not permitted by applicable law, the parties intend that such
provision be interpreted as modified to the minimum extent necessary to render such provision
<p>BBVA Compass may provide you with a Card and PIN to access your account electronically or you may be required to
create a PIN to access your account electronically. Please review the agreement that governs the use of
and that comes with the card carefully.</p>
<p>You agree to use the card and PIN only in the manner and for the purposes described in the applicable
agreement. If you attempt to use the card and PIN in any other manner or for any other purpose, BBVA Compass may
reject the transaction, or at its discretion, BBVA Compass may complete it without incurring any obligation to honor
the same type of transaction in the future. We may terminate a card or PIN at any time without notice to
<p>In order to prevent unauthorized access to your account, you agree to maintain the confidentiality and
security of the card and PIN. You agree to notify Simple immediately if you believe your card or PIN may have
become subject to unauthorized use. We may suspend or cancel your card or PIN even without receiving
such notice from you if we suspect your card or PIN is being used in an unauthorized or fraudulent
manner. You agree that the use of the PIN constitutes a commercially reasonable security procedure for
<p>You understand that anyone who obtains your card and PIN or card number may access your accounts
and may initiate transactions on your accounts. If you permit any other person to use your card and your
PIN or any other means to access your accounts, you are responsible for all transactions initiated by such
<p><strong>ATM Safety and Security.</strong> The following are some tips on exercising care when using an ATM:</p>
<li>If there are any suspicious circumstances, do not use the ATM.</li>
<li>Inspect the ATM before use for possible tampering or unauthorized attachments that could capture
your Card or PIN information.</li>
<li>If you notice anything suspicious while transacting business at the ATM, cancel the transaction,
pocket your Card and leave.</li>
<li>Be careful when using the ATM and be aware of the surroundings, especially at night or in an isolated
<li>Park near the ATM in a well­-lighted area.</li>
<li>At night, have someone accompany you when possible.</li>
<li>Do not approach a dark ATM.</li>
<li>Do not accept assistance from anyone while using the ATM.</li>
<li>Do not display your cash; pocket it and then count it later in the safety of your home or office.</li>
<li>Be sure to save your transaction receipts and check them against your statements regularly.</li>
<li>Prepare deposits at home to minimize your time at the ATM.</li>
<li>Make sure you safeguard your PIN. Do not write your PIN on your Card or carry it in your wallet or
<li>Always secure your Card just as you would cash, check and credit cards.</li>
<li>If your Card has an embedded chip, keep your Card in a safety envelope to avoid unauthorized
<li>When making online purchases with your Card, you should end transactions by logging out of
websites instead of just closing the web browser.</li>
<li>Do not to disclose or otherwise make your Card or PIN available to others.</li>
<li>Immediately report all crimes to local law enforcement and to the ATM operator.</li>
<li>If your Card or PIN is lost or stolen, notify us immediately by calling 1-888-248-0632.</li>
<p><strong>INTERNET BANKING</strong></p>
<p>You may perform certain banking, transfer and electronic payment functions using the Simple Website or
mobile application (collectively, “Internet Services”). From time to time, without prior notice, Simple may add
or eliminate Internet Services or otherwise modify the terms or features of any Internet Service. When Simple
makes any such change, Simple will modify the terms of this Agreement as provided herein.
You may access Internet Services by entering your Access Information (as defined below). The mobile
application will require you to create a mobile unlock code to secure future access through the mobile
application. Your username, passphrase and/or mobile unlock code act as your signature to authorize
any requested transactions through the Internet Services.</p>
<p>You can use Simple's Internet Services to, among other things:</p>
<li>Obtain current account balances</li>
<li>Obtain transaction information</li>
<li>Obtain statements</li>
<li>Pay bills using our optional bill pay service: <a href="">CheckFreePay Terms and Conditions</a></li>
<li>Transfer funds to other like-titled accounts at other financial institutions </li>
<li>Transfer funds between Simple accounts</li>
<li>Deposit a check by taking a photo</li>
<p>For transfer transactions, your request will be completed only if you have sufficient funds in the account
from which you wish to transfer funds and the accounts are linked for transfer capabilities. Dollar
limitations may be set according to the account type and/or the type of online transfer service you are
utilizing to transfer funds. These limitations are set for security reasons and may not be disclosed for that
reason. Transfers may be delayed based on the time of transaction and the type of transfer service you
are utilizing to process the transfer. </p>
<p><strong>Security Features</strong></p>
<p>To access Internet Services, Simple requires that you use a web browser with 128-bit encryption. Regardless
of whether you use a web browser with security features, Simple is unable to ensure that the data
transmitted by you to Simple, or from Simple to you, will not be intercepted by third parties. To further ensure the
security of your account, we encourage you to avoid transmitting confidential information through email or
other electronic communications.</p>
<p>You agree not to supply your Access Information to anyone. You will not disclose your username(s), passphrase(s) to access the Simple Website, or any PIN(s) or mobile unlock code(s) assigned to your account(s) (collectively, your “Access Information”), to any other person. You understand that anyone who obtains your Access Information can access your
accounts and may initiate transactions on those accounts. You will be responsible for all transactions,
electronic communications, including image transmissions, email and other data entered using the
Access Information. Any communications received through the use of the Access Information will be
deemed to be sent or authorized by you. You agree to immediately notify Simple if you become aware of any
loss, theft or unauthorized use of any Access Information, including your Mobile Devices. Simple reserves the
right to deny you access to the Internet Services (or any part thereof) if Simple believes that any loss, theft or
unauthorized use of Access Information has occurred.</p>
<p>You agree that use of your Access Information and any other required security techniques will
authenticate your identity and verify the instructions you provide to us. You also agree that we may send
notices and other communications about our security techniques and your Access Information, including
designations and confirmations of specific Access Information, to your current address and/or email
address and/or via a support message shown on our records. We may act upon instructions and
information received from any person that enters your Access Information. You will notify Simple immediately
if your Access Information is compromised or lost.</p>
<p><strong>Illegal, Fraudulent or Improper Activity</strong></p>
<p>You will not use the Simple Website or any Internet Services for any illegal, fraudulent or improper
activity, including Internet gambling. If we suspect that you may be engaging in or have engaged in a
fraudulent, illegal or improper activity, including a violation of this Agreement, or any terms and conditions
relating to the Simple Website or any Internet Service, your access to the Simple Website and any
Internet Services may be suspended or terminated. You understand that transactions in your accounts
may be suspended or terminated if any username, passphrase, Card, Personal Identification Number
("PIN") or mobile unlock code (individually and collectively, an "Access Device") associated with your account(s) has been reported lost or
stolen or when we reasonably believe that there is unusual or suspicious activity on any of your accounts.
You will cooperate fully with us to investigate any suspected illegal, fraudulent or improper activity.</p>
<p><strong>Limit on Liability</strong></p>
<p>To the fullest extent permitted by law, we will not have any liability in connection with any unauthorized
interception or use of data relating to you or the Internet Services; any inability to use or access the
Simple Website for any reason; any actions or transactions by an individual who uses your username
and passphrase; or any cause over which we do not have direct control, including problems attributable to
computer hardware or software (including computer viruses), telephone or other communications, or
Internet service providers. We will not have liability for any adverse effects to your account caused by any
Spam Block programs or Fire Walls that may prohibit electronic communications, and/or account
information access through the Internet.</p>
<p>The Internet Services accessible through the Simple Website are provided "as is" and with all faults, and
Simple hereby disclaims, for themselves, BBVA Compass, and for each other entity involved in the provision of the Internet
Services, all warranties, either express or implied or statutory, including, but not limited to, any implied
warranties of merchantability, fitness for a particular purpose and lack of viruses. In no event shall we, our
service providers, or their respective affiliates, be liable for (a) damages caused other than by our own
gross negligence or intentional misconduct or (b) indirect, special, incidental, consequential or punitive
damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential
information, or loss of privacy) arising out of or in any way related to the use of or inability to use the
Simple Website or any Internet Service, even if we have been advised of the possibility of such
damages. In no event shall we be liable for any act or omission of any third party (such as, for example,
any provider of telecommunications services, Internet access or computer equipment or software) or any
circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, act of God,
war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption
of electrical, telecommunications or other utility services). The foregoing disclaimer may not be effective
under applicable state law.</p>
<p><strong>Simple Instant Transfers – Between Simple Accounts</strong></p>
<p>A. Transfers</p>
<p>Transfers can be made on a one-time basis. One-time transfers are immediate transfers from a linked
Simple checking account to an active linked Simple checking account(s).</p>
<p>B. Simple Instant Transfer Service</p>
<p>Simple Instant Transfers allows you to send money from your Simple account to another Simple customer
by using a recipient's email address and cellular phone number. In order to send or receive Simple Instant
transfers; you must register through the Simple Website from your personal computer or mobile device.
You may send a Simple Instant Transfer by entering the email address and cellular phone number of the
recipient. Similarly, Simple Instant transfers sent to you will be received by the account associated with
the email and cellular phone number of your account. By participating in this Service, you represent and
warrant that you have all necessary authority for any transfers you make to Simple accounts that you do
not own. By participating in the Simple Instant Transfer Service, you are representing to us that you are
the owner or you have the authority to act on behalf of the owner of the cellular phone number or email
address you are using to send or receive messages regarding money transfers. In addition, you are
consenting to the receipt of emails, automated text messages, and/or support messages from Simple,
regarding the transfers and represent to us that you have obtained the consent of the recipients of your
intended transfers to the receipt of such emails, automated text messages, and/or support messages.
You will indemnify, defend, and hold harmless and release Simple and its affiliates, service providers, and
their employees from and against any claims, actions and other proceedings arising out of or relating to a
recipient's receipt of a text message pursuant to your transfer request. By agreeing to receive text
messages through the Simple Instant Transfers Service, you are also consenting to receive a final
confirmation text message if and when you choose to opt out of receiving text messages through the
Simple Instant Transfers Service.</p>
<p>Once registered, you may make one-time transfers at any time to other registered users whom you have
verified and who have verified you. Transfers will automatically be debited from the sender's account and
deposited in the recipient's account. You acknowledge and agree that payment transfers will be
completed using only the email address and cellular phone number you enter even if it identifies a person
different from your intended recipient. The name you enter will help you identify your intended recipient
for reference in the drop down menu and your transaction history but will not be used to process
payments. Please make sure you accurately enter the recipient's email address and cellular phone
number since your obligation to pay for the transfer will not be excused by an error in the information you
<p>3. FEES</p>
<p>There is no fee for sending or receiving a transfer under the Simple Instant Transfer Service. Please note
that your cellular carrier may charge you for text messaging. Please check your mobile service agreement
for details on applicable fees.
You may also make payments without a transaction fee by using Bill Pay. Bill Pay allows you to transfer
money to individuals, regardless of whether they are Simple customers, usually within 5 business days.
For additional details, see <a href="/policies/checkfree-terms">CheckFreePay Terms and Conditions.</a></p>
<p>By registering a US cellular phone number through the enrollment process, you are certifying that you are the
account holder for the cellular phone account or have the account holder's permission to register the
Message &amp; data rates may apply. In case of questions, please call customer service at 1-888-248-0632
or send a support message via the Web or Mobile Applications. </p>
<p>Simple Instant Transfers are subject to the following limitations:</p>
<li>Customers within 30 days from opening their Simple account may send an aggregate dollar limit of
<li>Simple Customers participating in the Simple Instant Transfer Service may send up to $2,000 during
any 24-hour period or $10,000 during any 30 day period. In addition, we may limit the total amount of
money that any Simple customer can receive through these transfers.</li>
<li>All transfer limits are subject to temporary reductions to protect the security of customer accounts
and/or the Simple Instant Transfer system.</li>
<li>At our discretion, we may refuse to process any transaction that exceeds any of the above limits. In
this case, you are responsible for making alternate arrangements or rescheduling the payment or
transfer within Internet Banking.</li>
<li>Simple Instant Transfer limits between your individual account and your Shared account may be higher.</li>
<p>Canceling Simple Instant Transfers</p>
<p>A one-time immediate transfer to another Simple customer cannot be canceled after it has been
<p>By utilizing this service to debit your other bank account(s) and submitting your bank
account information, you certify that the account being debited is a US based bank account
and has a legal name on file which matches the name specified on your Simple account. </p>
<p>Upon submission of this bank information, BBVA Compass may send two small trial deposits to your
external account. You'll see them deposited and then automatically withdrawn in 2–3
business days. When you see these two small deposits in your other account, you must
confirm the link by entering the amount of the trial deposits to initiate the service. You agree
that this service constitutes an authenticated authorization of the account link as an access
device between these two accounts, owned by you. You agree not to share this access
device with other people, and to notify Simple immediately if this access device is compromised
or no longer valid.</p>
<p>By utilizing this service, you agree to allow BBVA Compass to initiate ACH debits and credits on your
behalf, for your convenience, in any amount you authorize. We may impose limits on the
amounts for risk management purposes which restrict these amounts on a daily, weekly,
monthly or other periodic basis. We may terminate this service or the access device at
any time for any reason. </p>
<p>To revoke this authorization, you may do so by following the instructions in <a href="/help/articles/payments-and-transfers/facts-about-external-accounts">this help article</a>. Your revocation has no impact or applicability to the
incidental handling of ACH debits and credits already in process, or network adjustments to
ACH debits or credits initiated prior to your revocation of authorization.</p>
<p>You can use Goals to visually set money aside (so it's not included in your Safe-to-Spend) for budgeting purposes. Allocating funds to a Goal removes the funds from your Safe-to-Spend, but the funds remain in your primary Deposit Account and are reflected in your Available Balance. You will still be able to access the funds for debit card purchases and other transactions. For example, if your Safe-to-Spend is at $0, but there are sufficient funds in your Available Balance, funds will be taken from your Goal(s) to pay the item. You may pause a Goal at any time. When a Goal is paused, funds will no longer be removed from the Safe-to-Spend. When a Goal becomes unpaused, the Goal contribution will continue, but the Goal will recalculate how much you need to contribute per day to reach the goal date, helping you catch up. If your Safe-to-Spend goes to zero, the Goal will pause until you add more money to the account at which time the Goal will unpause.</p>
<p><strong>PROTECTED GOALS</strong></p>
<p>A Protected Goal is a special kind of Goal where the funds in the Protected Goal are removed from the associated primary Deposit Account and placed in a Protected Goal Account. When your first Protected Goal is established, a Protected Goal Account is created for the sole purpose of storing funds associated with that Protected Goal and any future Protected Goal(s), and any funds transferred to a Protected Goal will be transferred to the Protected Goal Account. A Protected Goal Account cannot be used for overdraft protection on your primary Deposit Account; money will not be transferred automatically from your Protected Goal Account to your primary Deposit Account to cover a transaction, should there be insufficient funds in your primary Deposit Account.</p>
<p>There are no limits to the number of transfers you may make to or from a Protected Goal Account, and transfers between your Protected Goal Account to your primary Deposit Account are instantaneous. You may pause a Protected Goal at any time. When a Protected Goal is paused, funds will no longer be transferred into the Protected Goal Account. When a Protected Goal becomes unpaused, the Protected Goal contribution will continue, but the Protected Goal will recalculate how much you need to contribute per day to reach the goal date, helping you catch up. If your Safe-to-Spend goes to zero, the Protected Goal will pause until you add more money to the account at which time the Protected Goal will unpause. Funds in a Protected Goal Account may be subject to levy and/or garnishment, along with any other account you have with us, and your Protected Goal Account is subject to the right of set-off provided for in this agreement.</p>
<p>This Simple Mobile Deposit Agreement will govern your use of the Simple Mobile Deposit service. Mobile
deposit allows you to make deposits to your account remotely by taking a picture of your check(s) and
transmitting images of such checks to Simple in compliance with our requirements. If we accept the image for
collection, we will then attempt to collect the item by presenting the image or converting the image to a
substitute check. Unlike traditional check deposits discussed above, you retain the original paper check
when you use mobile deposit. The manner in which these substitute checks or images are cleared,
presented for payment and collected will be determined by us in our sole discretion. We may change,
modify, add or remove functionality from mobile deposit at any time, with or without notice to you.</p>
<p>We will determine whether you are eligible for the mobile deposit feature in our sole discretion. If you
violate the terms of the mobile deposit feature, then we also may use such actions as a basis to terminate
your account relationship with us.</p>
<p>For any check deposited as an image through mobile deposit, you must endorse the check by signing or
stamping the back and writing "For deposit only via mobile deposit, Bank Account #____" or as otherwise
instructed by us before you scan the check.</p>
<p>We may impose limits on the dollar amount or number of deposits you make through mobile deposit, and
we may change such limits at any time at our discretion. You can view your limits within the Mobile
Application. You can also visit the <a href="/policies/bbva-compass-photo-check-deposit-limits">photo check deposit limits and funds availability page</a> for more
information. Limits may be changed based on the length of time the account is opened and account
activity. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we
permit you to make a deposit in excess of these limits, that deposit will still be subject to the terms of this
section, and we will not be obligated to allow such a deposit at other times.</p>
<p>We may decline to accept any image of a check you submit through mobile deposit or that you mail in for deposit at our sole discretion.
You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC
("Reg. CC"). You agree that the image of the check transmitted to Simple shall be deemed an "item"
within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan
and attempt to deposit any of the following:</p>
<li>Checks payable to any person or entity other than you (i.e., third party checks);</li>
<li>Checks containing alterations, illegible items, fraudulent checks, or checks that you should have
known or have reason to believe were fraudulent;</li>
<li>Checks that have been previously deposited at another institution via physical item, image or
electronic funds transfer;</li>
<li>Checks from financial institutions located outside of the United States;</li>
<li>Checks that are not payable in U.S. dollars;</li>
<li>Checks that are more than six (6) months old;</li>
<li>Substitute checks (a digital reproduction of the front and back of an original check);</li>
<li>Remotely created checks (a check created by a merchant with a buyer's checking account number on
it, but without the buyer's original signature);</li>
<li>Travelers checks and savings bonds;</li>
<li>Non-negotiable instruments, such as promissory notes; </li>
<li>Checks drawn on any of your account(s) at BBVA Compass</li>
<li>Starter checks or counter checks (checks from a teller window);</li>
<li>Checks payable to you jointly with one or more other persons, unless deposited into an account in the
name of all payees;</li>
<li>Checks payable on sight or payable through Drafts, as defined in Reg. CC;</li>
<li>Checks with any endorsement on the back other than that specified in this agreement;</li>
<li>Checks that are drawn or otherwise issued by the U.S. Treasury Department;</li>
<li>Credit card checks and convenience checks;</li>
<li>Checks or items prohibited by BBVA Compass' current procedures relating to the Service or which are
otherwise not acceptable under the terms of your BBVA Compass account.</li>
<p>You will comply with all applicable rules, laws and regulations. Each time you scan and submit check
images for deposit through the mobile deposit feature, you also make all the warranties set forth in and
subject to the terms of the Uniform Commercial Code ("UCC") of the state of Alabama for the image as if it were an item subject to
the terms of the UCC. You also make the following warranties and representations with respect to each
image of an original check you transmit to us using the Services:</p>
<li>Each image of a check transmitted to us is a true and accurate rendition of the front and back of the
original check at the time that it was scanned, without any alteration, and the drawer of the check has
no defense against payment of the check.</li>
<li>The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine,
and accurate.</li>
<li>You will not deposit, re-present, negotiate, seek to negotiate or otherwise endorse to a third party the
original check and no person will receive a transfer, presentment, or return of, or otherwise be
charged for, the item (either the original item, or a paper or electronic representation of the original
item) such that the person will be asked to make payment based on an item it has already paid.</li>
<li>You will only transmit eligible checks and items that you are entitled to enforce.</li>
<li>All checks and items will include all signatures required for their negotiation.</li>
<li>You will use Mobile Deposit only for your own deposits and will not allow the use of Mobile Deposit for
the benefit of any third party.</li>
<li>Other than the digital image of an original check that you remotely deposit through Mobile Deposit,
there are no other duplicate images of the original check.</li>
<li>You have possession of each original check deposited using Mobile Deposit, and no party will submit
the original check for payment.</li>
<li>You have ensured that each original check was authorized by the drawer in the amount stated on the
original check and to the payee stated on the original check.</li>
<li>You are authorized to enforce each item transmitted or are authorized to obtain payment of each item
on behalf of a person entitled to enforce such transmitted item.</li>
<li>The information you provided for your Simple account remains true and accurate; and in the event any
such information changes, you will immediately notify us of the change.</li>
<li>You have not failed to communicate any material information to us.</li>
<li>Files and images transmitted to you will contain no viruses or any other disabling features that may
have an adverse impact on your network, data, or related systems.</li>
<p>We are not responsible for check images we do not receive or for checks that are dropped during transmission. A
check image will be deemed received by us only when Simple provides an online confirmation receipt to you
that we have received your check image. When Simple confirms receipt of your check image, the image will
still be subject to review before it is submitted for collection and may still be rejected for any reason in our
sole discretion. A confirmation is not a representation, warranty or other indication that the check image
will be presented for collection or will be honored by any collecting or paying bank. If we reject a check
image received through the mobile deposit feature, then you may submit the original check by mail to BBVA Compass
for processing unless you are instructed otherwise, or you may want to contact the drawer and have them
reissue the check. If you do submit the original check for processing, BBVA Compass reserves the right to refuse to
process it and may instead require you to have the check reissued. By using Mobile Deposit you accept
the risk that an item may be intercepted or misdirected during transmission. We bear no liability to you or
others for any such intercepted or misdirected items or information disclosed through such errors.</p>
<p>Once your check image has been credited to your account you must mark the original check as "VOID"
and retain the check for 60 days. You may not present the original check or any image or substitute check
created from the original check for payment at any other financial institution. During this 60-day period,
you must store the original paper check securely using precautions at least as secure as those you would
use to protect a blank check, and you must make the original paper check available to us for review at
any time and as necessary for us to facilitate the clearing and collection process, to address third-party
claims or for our own audit purposes. Should you fail to produce the original paper check, you authorize
us to deduct the amount of the check in question from your account, regardless of whether such action
may cause your account to not have sufficient funds. Immediately after this 60-day period, you must
destroy the original paper check.</p>
<p>Maintenance to the Mobile Deposit 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. Attempts to provide prior notice of scheduled maintenance will be made, but we do not guarantee
that such notice will be provided.
You agree to notify Simple right away of any suspected errors regarding items deposited, and in no event
later than 30 days after the applicable account statement is sent or made available to you. Unless you
notify Simple within 30 days, such statement regarding all mobile deposits made shall be deemed correct,
and you are prohibited from bringing a claim against Simple for such alleged error.</p>
<p>In addition to the other indemnification provisions set forth in this Agreement, you agree to indemnify,
defend and hold us harmless from and against any and all claims, demands, damages, liabilities,
expenses (including reasonable attorneys' fees) or other loss that arises from or relates to your use of
Mobile Deposit or your breach of the representations, warranties or covenants set forth in these Terms,
including, without limitation, your attempt to duplicate the presentation of a check image via presentation
of the original check or an image or substitute check derived from the original check and any liability that
we may incur for processing an image or substitute check rather than the original paper check.</p>
<a name="electronic-fund-transfer-disclosure-statement"></a>
<p>The following disclosures are made in accordance with the federal law regarding electronic payments,
deposits, transfers of funds and other electronic transfers to and from your account(s). There may be
limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits
are disclosed in the appropriate agreements governing your account. The separate agreement and
disclosure statement governing your use of the Card initially will be provided to you either at the time you
open an account or by mail after you open an account, and it will control if there is any conflict between
that particular agreement and disclosure statement and this Disclosure Statement. If you use an ATM that
is not operated by BBVA Compass or our fee-free ATM network, you may be charged a fee by the operator and/or the
automated transfer network.</p>
<p><strong>A. Definitions: Electronic Fund Transfer: </strong>Any transfer of funds, other than a transaction originated by
check, draft or similar paper instrument, that is initiated through an electronic terminal, telephone,
computer or magnetic tape to instruct us to debit or credit an account. Electronic Fund Transfers include
such electronic transactions as direct deposits or withdrawals of funds, automated teller machine
transfers, transfers initiated by telephone, transfers initiated through the Simple Website or Mobile
applications, and Card transactions. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer
that you have authorized in advance to recur at substantially regular intervals; for example, direct
deposits into or withdrawal of funds out of your account.</p>
<p><strong>B. Your Liability: Authorized Transfers:</strong> You are liable for all Electronic Fund Transfers that you
authorize, whether directly or indirectly. Unauthorized Transfers: Tell Simple at once if you believe your
account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject
to unauthorized Electronic Fund Transfers. Telephone or support message Simple immediately to keep your
possible losses to a minimum. You could lose all the money in your account(s). If you tell Simple within two
(2) business days after learning of the loss or theft of your Card, ATM card, or other account access
device, or after learning of any other unauthorized transfers from your account involving your Card, ATM
card, or other account access device, you can lose no more than $50 if Electronic Fund Transfers are
made without your permission. For these transactions, if you DO NOT tell Simple within two (2) business days
after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented
the unauthorized transfer(s) if you had told Simple in time, you could lose as much as $500. If you are a
California resident, you will not be liable for the $500 amount described in the prior sentence for
unauthorized Card or ATM transactions; however, if you fail to report an unauthorized use that appears
on a periodic statement within 60 days of our transmittal of your periodic statement, then you may be
liable for the amount of each unauthorized transfer that occurs after the close of the 60 days and before
you provide notice to Simple, unless the delay in notifying Simple was due to extenuating circumstances beyond
your reasonable control.</p>
<p>Your liability limits for Electronic Fund Transfers involving unauthorized Simple Visa® Card purchases are
different from your liability limits noted here. Please refer to your agreement and disclosure statement for
your Simple Visa® Card for these limits.</p>
<p>Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell Simple within sixty
(60) days after the statement was delivered to you, you may not get back any money you lose after the
sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had
told Simple in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you
from promptly notifying us of a suspected lost or stolen card or other access device or of any other
suspected unauthorized transfer(s), the time periods specified in this section may be extended for a
reasonable period.</p>
<p><strong>C. Simple's Telephone Number and Address:</strong> If you believe your account(s) has been or will be subject to
unauthorized Electronic Fund Transfers, call Simple at 1­-888­-248-0632 or send a support message via the
Web or Mobile Applications.</p>
<p><strong>D. Business Days:</strong> Monday through Friday, excluding holidays.</p>
<p><strong>E. Account Access:</strong> The types of Electronic Fund Transfers that you may make depend upon specific
account type(s) and the services which you obtain, as well as the specific types of Electronic Fund
Transfers you have authorized.</p>
<p><strong>F. Charges:</strong> Except as may be provided by a specific agreement with us, there is no additional charge for
making Preauthorized Electronic Fund Transfers. However, each Preauthorized Electronic Fund Transfer
will be subject to the regular account service charges, if any, in accordance with the terms of the related
account(s) in effect from time to time.</p>
<p><strong>G. Your Documentation of Transfers:</strong>
<p>a. Receipts: Each time you make a transaction at a BBVA Compass automated teller machine, you will have the option
to obtain a receipt.</p>
<p>b. Preauthorized Transfers: If you have arranged to have direct deposits made to your account, you may
call Simple to determine if the deposit has been made. If you have arranged for regular payments of varying
amounts to be made from your account, the person you agree to pay should tell you ten (10) days before
each payment the amount of the payment and when it will be made.</p>
<p>c. Periodic Statements: You will receive a statement of your account each month you make an Electronic
Fund Transfer. Otherwise, you will receive a statement at least quarterly. Your periodic statement will
show the details of any Electronic Fund Transfer you made and the details of any Preauthorized
Transfers to or from your account that you instructed us to make.</p>
<p><strong>H. Your Right to Stop Payment:</strong> If you have authorized BBVA Compass to make regular Preauthorized Electronic
Fund Transfer payments out of your account, you may stop any payment by calling Simple at 1‐888‐248‐0632
or sending a support message via the Web or Mobile Applications. You must notify Simple in time for Simple to
receive your request at least three (3) business days before the payment is scheduled to be made. You
must provide Simple with sufficient information to identify the payment, as well as other information we may
request. If you deliver your stop payment request by telephone, you must confirm your stop payment
order to Simple in writing within twenty-one (21) days of your oral stop payment order. An oral stop payment
request will not be binding on us after twenty-one (21) days if you fail to provide the required written
confirmation. We also require that you provide Simple within twenty-one (21) days of its receipt of your oral or
written stop payment order a copy of your written notice to the payee revoking the payee’s authority to
electronically obtain payments from your account. If Simple does not receive a copy of that notice from you
within twenty-one (21) days of its receipt of your oral or written stop payment request, your stop payment
request will no longer be binding on us. In order to fulfill your stop payment request on any Preauthorized
Electronic Fund Transfer, BBVA Compass may, in its discretion, but is not required to, stop all payments to the
particular payee, or BBVA Compass may, in its discretion, notify you that your stop payment request cannot be
fulfilled other than by closing your account. If you properly request Simple to stop a payment and BBVA Compass fails to do
so, we will reimburse you for losses or damages you suffer, if any, caused by BBVA Compass' failure to stop payment
as requested. Please see your agreement and disclosure statement for your Card for different
requirements that may apply to stop payment of any Preauthorized Electronic Fund Transfer involving
use of those cards or the account numbers on those cards.</p>
<p><strong>I. Our Failure to Make Transfers:</strong> If BBVA Compass does not complete a transfer to or from your account on time or in
the correct amount according to our agreement with you, we will reimburse you for any losses or
damages that you suffer as a result of our failure to act according to our agreement with you. However,
there are some exceptions where we will not be liable, such as, but not limited to, the following: if, through
no fault of ours, other than exercise of our right of set off, you do not have money in your account to cover
the transfer; if the money in your account is being held subject to legal process or other encumbrance
restricting transfers to or from your account; if we have received notice of a dispute as to the rights of
parties to the accounts or their creditors or representatives and BBVA Compass has placed a hold on the account
until resolution of the dispute; if you have not complied with our instructions on how to make a transfer or
bill payment; if we have not received complete, correct, and current instructions so that we can make the
requested transfer or bill payment; if you do not authorize a transfer or bill payment soon enough for your
payment to be received by the payee by the time it is due or you schedule a payment to be made after its
due date; if your computer hardware, software or the Simple Website was not working properly and you
knew about this problem when you attempted to authorize a transfer or bill payment; if we stop the
transfer or bill payment because we have reason to believe that a transaction has not been properly
authenticated or is fraudulent; if our failure was not intentional and resulted from a bona fide error,
notwithstanding our procedures to avoid such an error, except for actual damages, which, to the extent
permitted by applicable law, do not include indirect, incidental, consequential, special, exemplary or
punitive damages, including attorneys’ fees and lost profits, even if advised of the possibility of such
damages; or if circumstances beyond our control prevent the transfer despite our reasonable precautions.</p>
<p><strong>J. Disclosure of Information to Third Parties: </strong>We may disclose information to third parties about your
account and the transfers you make as described in our privacy policies as amended or modified from
time to time.</p>
<p><strong>K. In Case of Errors or Questions About Your Electronic Transfers:</strong> Call Simple at 1-888-­248­-0632 or
send a support message via the Web or Mobile Applications if you think your statement or receipt is
wrong or if you need more information about a transfer on the statement or receipt. Failure to notify Simple of an error later than sixty (60) days after we sent you the FIRST statement on which the error or problem
appeared could affect the success of your dispute. Your inquiry must include: Your name and account number; AND a description of the error or
the transfer you are unsure about, and as clearly as you can, an explanation of why you believe there is
an error or why you need more information; AND the dollar amount of the suspected error. If you tell Simple
orally, Simple may require that you send it your inquiry in writing within ten (10) business days. Simple will
investigate your inquiry and will correct any error promptly. Simple will tell you the results of its investigation
within ten (10) business days [twenty (20) business days for claims on accounts open less than thirty (30)
calendar days] after it hears from you; however, Simple may take up to forty-five (45) calendar days [ninety
(90) calendar days for claims on accounts open less than thirty (30) calendar days, foreign-initiated
transaction claims, and point-of-sale transaction claims] to investigate your questions. If Simple needs
additional time to investigate, we will provisionally re-credit your account within ten (10) business days
[twenty (20) business days for claims on accounts open less than thirty (30) calendar days] for the
amount you think is in error so that you will have the use of the money during the time it takes Simple to
complete its investigation. If Simple asks you to put your inquiry in writing, and does not receive your written
inquiry within ten (10) business days, we may choose not to provisionally re-credit your account. If Simple finds
that there was no error, it will send you a written explanation within three (3) business days after it
finish its investigation. You may ask for copies of the documents Simple used.</p>
<p>Our policy is to make funds from your deposits of cash and checks presented through normal check
collection channels (e.g., not via the Simple Mobile Deposit service) available to you on the same business day as the day BBVA Compass receives your deposit.
Electronic direct deposits will be available on the same business day BBVA Compass receives the deposit. Our
availability schedule for deposits made through Mobile Deposit Capture (Photo Check) can be found <a href="/policies/bbva-compass-photo-check-deposit-limits">here</a>.
Once they are available, you can withdraw the funds in cash and BBVA Compass will use the funds to pay any debits
you have authorized. Certain exceptions to our funds availability policy are described below.</p>
<p><strong>Business Day.</strong> For determining the availability of your deposits, every day is a business day except
Saturdays, Sundays, and federal holidays.</p>
<p><strong>Cut-Off Time.</strong> Generally, if you make a deposit on a business day before 5 p.m. ET (2 p.m. PT) BBVA Compass will
consider that day to be the day we receive the deposit (the day of the deposit). Otherwise, BBVA Compass will
consider the deposit to be made on the next business day. </p>
<p><strong>Delayed Funds Availability for Outgoing Wire Transfers and the Purchase of Cashier’s or Other
Official Checks.</strong> Funds from deposited checks processed through the Federal Reserve System will be
available for outgoing wire transfers and the purchase of cashier’s or other official checks no later than
the second business day after the day of deposit.</p>
<p><strong>Longer Delays May Apply.</strong> In some cases, BBVA Compass will not make all of the funds that you deposit by check
available to you on the same business day as the day of deposit. Depending on the type and/or dollar
amount of the check that you deposit, funds may not be available until the second business day after the
day of deposit. However, the first $200 of your deposits may be made available on the same business day
as the day of deposit. If BBVA Compass is not going to make all of the funds from your deposit available to you on
the same business day as the day of deposit, Simple will send you a notice no later than the close of
the business day after the day BBVA Compass receives the deposit or it decides to place the hold.</p>
<p><strong>In addition, funds you deposit by check may be delayed for a longer period of time under the
following circumstances:</strong></p>
<li>We believe a check you deposited will not be paid. All funds held - we do not make the first $200 available.</li>
<li>You deposit one or more checks totaling more than $5,000 on any one day.</li>
<li>You redeposit a check that has been previously returned unpaid. All funds held - we do not make the first $200 available.</li>
<li>You have overdrawn your account repeatedly in the last six months. All funds held - we do not make the first $200 available.</li>
<li>There is an emergency, such as a failure of communications or computer equipment. All funds held - we do not make the first $200 available.</li>
<p>Simple will notify you if we delay your ability to withdraw funds for any of these reasons, and Simple will tell you
when the funds will be available. They will generally be available no later than the seventh business day
after the day of deposit.</p>
<p><strong>Special Rules for New Accounts.</strong> If you are a new customer, the following special rules will apply during the first 30 days your account is open.
<p>Funds from electronic direct deposits to your account will be available on the same business day we receive the deposit.</p>
<p>Funds from deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s and federal, state and local government checks made payable to you will be available on the same business day as the day of deposit. The excess over $5,000 will be available no later than the ninth business day after the day of deposit.</p>
<p>Funds from deposits of checks not listed in the previous paragraph will be available no later than the ninth business day after the day of deposit. All funds will be held – we do not make the first $200 available. If you need funds from a deposit at a specific time, you should ask us when the funds will be available.</p>
<p><strong>TAXPAYER IDENTIFICATION NUMBERS (Backup Withholding)</strong></p>
<p>The Internal Revenue Service (IRS) is responsible for ensuring that all persons pay the correct amount of
federal income tax. In order to accomplish this task, they must match the income reported by businesses
for individuals (salary, interest, dividends, etc.) to the income shown on individual tax returns. Taxpayer
Identification Numbers (for individuals, their Social Security Numbers) are used as the basis for matching
these records. A federal law requires all payers of interest (such as a bank) to report interest paid to
individuals by Taxpayer Identification Number. Therefore, you must provide your correct Taxpayer
Identification Number to us so that we may meet these reporting requirements. This law also stipulates
that should a bank or other payer of interest not have your correct Taxpayer Identification Number on file,
then 28% of interest, dividends and other payments made to you must be withheld and forwarded to the
IRS to insure that taxes on this income are paid. This advance payment is known and referred to by the
IRS as “backup withholding.” Backup withholding is not an additional tax. Rather, the amount of taxes you
normally would owe will be reduced by the amount of tax withheld. If an overpayment of taxes results
from backup withholding, a refund may be obtained from the IRS.</p>
<p>Unless the IRS has instructed us to withhold from your interest and dividend payments, you can avoid this
28% backup withholding by providing us with your correct Taxpayer Identification Number. Additionally,
you must certify that the Taxpayer Identification Number you provide us is correct and that you have not
been advised by the IRS that you are subject to backup withholding. The IRS is empowered to impose
penalties on you and us if your correct Taxpayer Identification Number is not provided. (Please see
“Penalties” later in this section.)</p>
Unless you are an exempt recipient (see Exempt Recipient section) you are subject to backup withholding
if: You fail to furnish us your Taxpayer Identification Number, OR the IRS notifies us that you furnished an
incorrect Taxpayer Identification Number, OR the IRS notifies us that you are subject to backup
withholding (under Section 3406(a)(1)(C) of the Internal Revenue Code),1
OR for an interest or dividend
account opened after December 31, 1983, you fail to certify to us that you are NOT subject to backup
withholding, or fail to certify your Taxpayer Identification Number is correct.</p>
<p><strong>How to Avoid Backup Withholding:</strong> When you open an account with us, we will provide you with the
necessary forms to complete in order to provide and certify your Taxpayer Identification Number. TO
AVOID BACKUP WITHHOLDING, all you have to do is provide us with your correct Taxpayer
Identification Number and sign the certification statement to certify that the number you are providing is
correct and that you are not subject to backup withholding.</p>
<p><strong>Taxpayer Identification Number:</strong> If you are an individual, your Taxpayer Identification Number is your
Social Security Number. If you are not an individual, the number is your Employer Identification Number.
In all instances, the number you give us should be the number of the owner of the account.</p>
<p><strong>Guidelines for Determining the Proper Identification Number to Provide:</strong> Social Security Numbers
have nine digits separated by two hyphens: i.e., 000-00-0000. </p>
<p>Obtaining a Number: If you don’t have a Taxpayer Identification Number or you don’t know your number,
obtain Form SS­5, Application for a Social Security Number Card, or Form SS­4, Application for Employer
Identification Number, at the local office of the Social Security Administration or the Internal Revenue
Service and apply for a number. When you get a number, submit a new form to us.</p>
<p>Exempt Recipients: Payees specifically exempted from backup withholding on ALL payments include the
<li>A corporation.</li>
<li>A financial institution.</li>
<li>An organization exempt from tax under Section 501(a), or an individual retirement plan.</li>
<li>The United States or any agency or instrumentality thereof.</li>
<li>A State, the District of Columbia, a possession of the United States, or any subdivision or
instrumentality thereof.</li>
<li>A foreign government, a political subdivision of a foreign government, or any agency or
instrumentality thereof.</li>
<li>An international organization or any agency or instrumentality thereof.</li>
<li> A dealer in securities or commodities registered in the U.S. or a possession of the U.S.</li>
<li>A real estate investment trust.</li>
<li>A common trust fund operated by a bank under Section 584(a).</li>
<li> An exempt charitable remainder trust, or a nonexempt trust described in Section 4947(a)(1).</li>
<li>An entity registered at all times under the Investment Company Act of 1940.</li>
<li>A foreign central bank of issue.</li>
<li>Payments of dividends and patronage dividends not generally subject to backup withholding
include the following:
<li>Payments to nonresident aliens subject to withholding under Section 1441.</li>
<li>Payments to partnerships not engaged in a trade or business in the U.S. and which have at
least one nonresident partner.</li>
<li>Payments of patronage dividends where the amount received is not paid in money.</li>
<li>Payments made by certain foreign organizations.</li>
<li> Payments of interest not generally subject to backup withholding include the following:</li>
<li> Payments of interest on obligations issued by individuals. Note: You may be subject to
backup withholding if this interest is $600 or more and is paid in the course of the payer’s
trade or business and you have not provided your correct Taxpayer Identification Number to
the payer.</li>
<li>Payments of tax-exempt interest (including exempt-interest dividends under Section 852).</li>
<li>Payments described in Section 6059(b)(05) to nonresident aliens.</li>
<li>Payments on tax-free covenant bonds under Section 1451.</li>
<li>Payments made by certain foreign organizations.</li>
<li>If you are uncertain whether you qualify as an exempt recipient, call your accountant or the
Internal Revenue Service.</li>
<p>To avoid possible withholding, exempt recipients should contact Simple at 1-888-248-0632 or send a support
message via the Web or Mobile Applications. </p>
A. Penalty for Failure to Furnish Taxpayer Identification Number. If you fail to furnish your taxpayer
identification number to a payer, you are subject to a penalty of $50 for each such failure unless your
failure is due to reasonable cause and not to willful neglect.</p>
<p>B. Failure to Report Certain Dividend and Interest Payments. If you fail to include any portion of an
includible payment for interest, dividends, or patronage dividends in gross income, such failure will be
treated as being due to negligence and will be subject to a penalty of 5% on any portion of an
underpayment attributable to that failure unless there is clear and convincing evidence to the contrary.</p>
<p>C. Civil Penalty for False Information With Respect to Withholding. If you make a false statement with no
reasonable basis that results in no imposition of backup withholding, you are subject to a penalty of $500.</p>
<p>D. Criminal Penalty for Falsifying Information. Falsifying certifications or affirmations may subject you to
criminal penalties including fines and/or imprisonment.</p>
Substitute Checks and Your Rights</strong></p>
<p><strong>What is a substitute check?</strong>
To make check processing faster, federal law permits banks to replace original checks with “substitute
checks.” These checks are similar in size to original checks with a slightly reduced image of the front and
back of the original check. The front of a substitute check states: “This is a legal copy of your check. You
can use it the same way you would use the original check.” You may use a substitute check as proof of
payment just like the original check. Some or all of the checks that you receive back from us may be
substitute checks. This notice describes rights you have when you receive substitute checks from us. The
rights in this notice do not apply to original checks or to electronic debits to your account. However, you
have rights under other law with respect to those transactions.</p>
<p><strong>What are my rights regarding substitute checks?</strong>
In certain cases, federal law provides a special procedure that allows you to request a refund for losses
you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the
wrong amount from your account or that we withdrew money from your account more than once for the
same check). The losses you may attempt to recover under this procedure may include the amount that
was withdrawn from your account and fees that were charged as a result of the withdrawal (for example,
NSF fees). The amount of your refund under this procedure is limited to the amount of your loss or the
amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your
refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute
check, you may be able to recover additional amounts under other law. If you use this procedure, you
may receive a refund of up to $2,500 or the amount of the substitute check, whichever is less, (plus
interest if your account earns interest) within 10 business days after we received your claim and the
remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after
we received your claim. We may reverse the refund (including any interest on the refund) if we later are
able to demonstrate that the substitute check was correctly posted to your account.</p>
<p><strong>How do I make a claim for a refund?</strong>
If you believe that you have suffered a loss relating to a substitute check that you received and that was
posted to your account, please contact Simple at 1-888-248-0632 or send a support message via the Web or
Mobile Applications. You must contact Simple within 40 calendar days of the date that we mailed (or
otherwise delivered by a means to which you agreed) the substitute check in question or the account
statement showing that the substitute check was posted to your account, whichever is later. We will
extend this time period if you were not able to make a timely claim because of extraordinary
Your claim must include –
• A description of why you have suffered a loss (for example, you think the amount withdrawn was
• An estimate of the amount of your loss;
• An explanation of why the substitute check you received is insufficient to confirm that you suffered a
loss; and
• A copy of the substitute check or the following information to help us identify the substitute check: the
check number, the
name of the person to whom you wrote the check and the amount of the check.</p>
<p class="anchor" id="w9"><strong>Substitute W‐9 ‐ Taxpayer Identification Number Certification</strong></p>
<p>By agreeing to Simple’s Terms and Conditions, I certify under penalty of perjury that:</p>
<li>The Taxpayer Identification Number or Social Security Number I provided is correct.</li>
<li>I am not subject to backup withholding.</li>
<li>I am a U.S. person.</li>
<li>I authorize BBVA Compass to obtain, exchange and update information on each account owner, including credit reports and information from federal and state agencies (e.g. Internal Revenue Service).</li>
<li>Only one individual is listed below as an owner. If the owner dies, ownership passe as part of the individual owner’s estate.</li>
<li>I authenticate and verify my social security number and agree to the taxpayer identification number certification above.</li>
<li>I have completed an online application to open an account at BBVA Compass. The information I
provided is accurate. I have received and reviewed all agreements and disclosures listed above, and I
understand that the account(s) will be governed by them, as amended from time to time.</li>
<p><strong>By submitting my application, I agree and acknowledge the above certifications.</strong></p>