The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
All financial companies need to share clients' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their clients' personal information; the reasons BB Americas chooses to share; and whether you can limit this sharing.
|Reasons we can share your personal information||Does BB Americas share?||Can you limit this sharing|
For our everyday business purposes -
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
For our marketing purposes -
to offer our products and services to you
|For joint marketing with other financial companies||No||We don't share|
For our affiliates' everyday business purposes -
information about your transactions and experiences
For our affiliates' everyday business purposes -
information about your creditworthiness
|For our affiliates to market to you||Yes||Yes|
|For nonaffiliates to market to you||No||We don't share|
|What We Do|
How does BB Americas collect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
We also maintain physical, electronic and procedural safeguards that comply with federal standards to protect your nonpublic personal information.
How does BB Americas protect my personal information?
We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing?
Federal law gives you the right to limit only
What happens when I limit sharing for an account
I hold jointly with
||Your choices will apply to everyone on your account.|
Companies related by common ownership or control. They can be financial and non-financial companies.Our affiliates include:
Companies not related by common ownership or control. They can be financial and non-financial companies.
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
|Other Important Information|
For Alaska, Illinois, Maryland and North Dakota Clients.
For California Clients.
For Massachusetts, Mississippi and New Jersey Clients.
For Vermont Clients.
This website has been established by BB Americas for the sole purpose of conveying information about the BB Americas products and services and to allow communication between BB Americas and its clients or visitors to the website. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site takes the place of the BB Americas agreements and disclosures that govern its products and services. If any information on the site conflicts with that in BB Americas agreements and disclosures, the agreements and disclosures will take precedence.
BB Americas, at any time may place links to other websites on this page and you assume all responsibility when you go to other sites via the links on our pages. BB Americas has no control over any other websites and is not responsible for the content on any other site other than this one.
The information and materials contained in this website are owned by BB Americas or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law.
BB Americas makes no warranties of any kind regarding the products and services advertised on this site. BB Americas will use reasonable efforts to ensure that all information displayed is accurate; however, BB Americas expressly disclaims any representation and warranty, whether expressed or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability and the ability to use the site without contracting a computer virus. BB Americas is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site.
This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if BB Americas has been informed of the possibility of such loss or damage.
This agreement may be changed from time to time by posting the new Terms and Conditions on the website. All clients and visitors of this website agree to be subject to this agreement as it changes from time to time. This agreement and the use of this website are governed by the laws of the State of Florida, and the United States of America.
In consideration for being granted access to the System (as herein described and defined) and access to and use of BB Americas Online Banking and Electronic Services (as hereinafter described and defined) (the “Services”), you hereby agree as follows:
What This Agreement Covers
This Agreement (“Agreement”) between you or authorized user(s) and BB AMERICAS (the “Bank” and/or “BB Americas” governs the use of the Bank’s Online Banking and Electronic Banking Services (“Services”) operating system through www.bbamericas.com (“System”). This Agreement also contains disclosures for electronic funds transfers. These services permit Bank’s customers to perform a number of banking functions on accounts linked to Online Banking, including, but not limited, to access information on your accounts, order electronic funds transfers between accounts and order electronic funds transfers to other financial institutions. Specific types of Services may have supplemental agreements that apply to such Services.
Accepting the Agreement
By enrolling and using the BB Americas Online Banking and Electronic Services or allowing any other person or user to use BB Americas Online Banking and Electronic Services, you agree to the terms and conditions of the Online Banking and Electronic Banking Services Agreement and Disclosure.
Relation to Other Agreements
This Agreement is in addition to, and does not supersede such other agreements that govern your account and/or services at the Bank and does not alter the terms and conditions of such other agreements. Your accounts will continue to be subject to all agreements with the Bank governing such accounts. You should review those BB Americas agreements for liability rules for electronic fund transfers, fee schedules for any applicable fees, transaction limitations on the number of transactions you can make, and other restrictions that may impact your use of an account with Online Banking or Electronic Banking Services. Unless otherwise provided in another agreement or disclosure, if there is a conflict between the terms and conditions of this Agreement and one contained in the other agreements, this Agreement will control.
D. What are BB Americas Electronic Services?
The System allows you to access financial data and to complete banking transactions directly from your remote location. Information may be accessed and instructions transmitted using your personal computer, data terminal or other equipment capable of accessing the System in a safe and sound manner and the System software licensed by the Bank to you pursuant to the terms hereof. Bank reserves the right, from time to time, and at its sole discretion, to modify and terminate the Services without any prior notice to you.
In this Agreement, the following terms will have the meanings set forth below:
ACCOUNT(S) - Refers to any and all loan, time deposit, demand deposit, money market, NOW or savings account(s) that you have with the Bank.
ACCOUNT AGREEMENT AND DISCLOSURE - RRefers to this “Agreement” between you and the Bank which you acknowledge and agree governs the use of your account(s) and any transactions or activities through your Online Banking and Electronic services at the Bank.
ADMINISTRATOR(S) – Should you be a legal entity, this refers to the User(s) designated by you at the time of enrollment to activate, control and administer Users and to install the Digital Certificate, if applicable, for the authorization of such Users. The Administrator(s) will promptly advise the Bank through the Enrollment Form (or through the System) of the identity of all Users and of the restrictions/limitations (if any) to which each User is subject.
AUTHORIZED SOFTWARE - Refers to the financial and/or communications software licensed, sublicensed or authorized by the Bank to you for use in connection with the Services.
BANK-TO-BANK TRANSFERS - Refers to an electronic transfer of funds from an account at the Bank to an account at another bank. This service is available to Social Security holders with a U.S. mailing address.
BUSINESS DAYS – means Monday through Friday, except for U.S. Federal Holidays.
BUSINESS HOURS – System access is available 24 hours a day, seven days a week although some or all services may not be available occasionally due to an emergency or scheduled system maintenance. To the extent practicable, we agree to post notice of any anticipated, extended periods of non-availability on the System website, but we do not guarantee that such notice will be provided. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of such unavailability or interruption in service.
CUT-OFF TIME - For internal funds transfers initiated through the System before 4:00 p.m. (Eastern Standard Time) on a Business Day are posted to your account the same day. Domestic wire transfers completed after 4:00 p.m. (Eastern Standard Time) on a Business Day. Transfers or wires performed after the cut off times, on Saturday, Sunday or U.S. Federal Holiday will be posted on the next Business Day.
ELECTRONIC SIGNATURE - Refers to use of the Access Id and Password to authenticate and authorize transfers on your accounts.
ENROLLMENT - Refers to the Enrollment for the Services submitted by you to, and approved by, the Bank. The Enrollment is completed online by individual Customers and in person by business Customers.
MULTI-LAYERED AUTHENTICATION PROCESS (MLAP) – his refers to the distinct authentication procedures used by the System, in addition to the Access Id and Password, to verify identity of each User every time that a User logs-on to the System.
PASSWORD - Refers to a string of characters used to verify the identity of a user during the authentication process to access the system. The Password is known exclusively by you or authorized user(s) and must be used along with the Access Id and the Digital MLAP in the case of a Business to authenticate transactions performed. The Bank does not have access to the Password, nor will anyone at the Bank ever ask you for your Password. You accept responsibility for the safekeeping of the Password. In the event, you forget, lose or misplace your Password, please contact the Bank through the System and your Password or a reminder will be emailed to you. You may use the “Forgot Password” option on the System to obtain a new password.
TRANSFER - Refers to an outgoing wire transfer ordered by you from one of your accounts.
U.S. or USA – Refers to United States or the United States of America.
ACCESS ID - Refers to a string of characters that is used to verify the identity of a user during the authentication process to access the system. The Access Id is known by you/authorized user(s) and the Bank. It will be used to identify you as the owner of the account(s).
USER(S) - Refers to you and/or to any person(s) whom you have authorized, through the enrollment process to have access to the System and to use of the Services. In case you are an individual, user(s) must be approved by the Bank and such user(s) must be either an account holder and/or signer on the account(s). In case you are a legal entity, the entity’s Administrator will activate user(s) directly through the Services.
WE, US, OUR, or BANK – Refers to BB AMERICAS as defined herein and its successors and assigns at which the Customer holds an account.
YOU, YOUR or CUSTOMER - Refers to the customer(s) of BB AMERICAS that is (are) the account holder(s) of the account(s).
3. HARDWARE AND SOFTWARE REQUIREMENTS
The Service requires you to have certain computer capabilities, which may change from time to time without prior notice to you. If we revise hardware and software requirements, and if there is a material chance that impact your ability to access the Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures without imposing a fee.
The following equipment and system are required to access the Services:
A. Personal computer or compatible equipment (capable of connecting to the Internet);
B. Internet access account with an Internet service provider or similar company providing Internet access; and
C. Internet browser program with 128-bit encryption support. See below for more details on Internet browser requirements.
Any equipment and system needed to access the Internet and use System are to be obtained and provided exclusively by you and the maintenance of such equipment or system shall be your sole responsibility. Furthermore, you will bear the liability or the risk of any errors or loss of data, information, transactions or other losses that may be due to the failure of such equipment or system or any third party communications provider. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your equipment, system or third-party communications provider.
Supported Browser List
Your browser is an important part of the overall security measures designed to protect your Internet banking transactions. Please consult the information below to make sure you are using supported browser/system requirements.
• Screen Resolution set to 800 X 600 or higher
• Cookies enabled.
• Active X enabled.
|Minimum Operating System / Browser Requirements with
the most recent browser download links.
| Windows XP, Vista, 7, 8 (32 bit and 64 bit) |
Microsoft Edge Version
Google Chrome (latest version)
Firefox (latest version)
Safari, version 7.0+
Safari for iOS, version 7+
To have initial access to the Services, you must be the account holder of an account at the Bank. If you have more than one account, we will link all of your accounts to the Services. You may expressly request in writing that certain accounts not be linked to the Services. Non-linked accounts will not be accessible through the Services.If your account is a limited transaction account (i.e. money market or savings account), each payment or transfer you make through the Services will count towards the number of transfers you are permitted in each statement and annual period. If you close your accounts, your access to the Services will terminate and any unprocessed transactions will be canceled.
4. ONLINE BANKING
The following services are available on Online Banking (restrictions may apply when accessing Online Banking through a Mobile Banking Apps or a Mobile device):
Account Information View the current balance on an account as well as view account summary, monthly bank statements, and account transaction history for up to eighteen (18) months on an account. You can use the Service to obtain balance and transaction information about your accounts. In addition, information about deposits for which processing is pending will appear. Balance and transaction information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or not taking, any action.
Communications and Account Maintenance
(1) Send us online messages and questions regarding your accounts and the Services, (2) receive online messages and notices from the Bank, (3) perform self-service account maintenance such as re-ordering checks, ordering copies of checks and requesting hard copies of monthly account statements, (4) changing email addresses, and (5) changing the Services provided to you. A current, valid email address is critical to our successful delivery of the Services to you. You agree to maintain an active email account at all times and record such email address within your System profile. You further agree to promptly notify us of a change of email address by changing the address at the My Profile link within the System.
Funds Transfers from an Account Make electronic transfers of funds (“funds transfer(s)”) as follows: (1) funds transfers from one of your accounts to another account at BB AMERICAS; and (2) funds transfers from one of your accounts to an account at another financial institution. These transactions will be subject to the conditions, restrictions and limitations set forth in Paragraphs 8, 9, 10, 11, 12 and 13 of this agreement, as applicable.
Stop Payments Placing a temporary stop payment order on a check drawn on an account. You are responsible, however, for verifying that the check on which a stop payment is placed has not yet been cleared. Regular fees apply for every stop payment order. A stop payment order must specify the date, number and amount of the check. Stop payments placed through the System will be in force and effect solely for a period of forty-eight (48) hours from the time of receipt, and need to be ratified in a signed and dated writing by you to the Bank within such period in accordance with the terms and provisions of the Terms and Conditions of Your account. If the stop payment order is not ratified to the Bank in writing within such forty-eight (48) hours, it will be automatically canceled.
E-Statements Retrieve monthly account statements online. Electronic statements contain the same information as a paper statement, in addition you have access to the front and back images of paid checks and deposit slips. If you choose to receive statements online, we will notify you electronically when a statement is available for viewing within the Service. Each such electronic “statement ready” notice shall be deemed sent to, and received by, all account owners on the day we send it. You agree to contact us promptly if you do not receive your online statement for any reason. All customers will have 18 months banks statements available for viewing online within the System. You agree that, if you choose to receive your statements online, you will receive any and all disclosures required to be given by us to you online as well.
5. ELECTRONIC BANKING SERVICES
In order to enroll in the Electronic Banking Service:
• You must have an eligible account(s) with BB Americas;
• Your account with us must be in good standing;
• You must enroll in Online Banking and received a confirmation from the Bank; and
• You must be at least 18 years of age.
Accounts Linked to the Services
All of your accounts at the Bank will be linked to the Services. If you want to exclude an existing account that is linked to the Services, please advise us at the time you open the account(s). We will exclude such existing linked account from the Services after we have a reasonable opportunity to act on your request. If you open an additional account at the Bank at a later date, we will automatically link your new account to the Services unless you instruct us not to do so at the time you open the new account.
No Contact by Bank Personnel Staff
No Bank employee, nor any company affiliated with BB AMERICAS will contact you via mail, email or phone requesting a Password, Access Id and MLAP. If you or any User is contacted by anyone requesting this information, please contact our customer service line.
For general questions, inquiries or to report unauthorized transactions, you may contact us by visiting a branch or calling the customer service numbers found under Contact Us link at bbamericas.com. You may also write us at:
1221 Brickell Ave #2200
Miami, FL 33131
Contact us immediately if you think:
• Your statement or transaction record is wrong.
• You need more information about a transaction listed on your statement.
• An unauthorized person has discovered your Online Banking passcode.
• Someone has transferred or may transfer money from your account without your permission.
• Bill payment transactions have been made without your authorization.
We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared (or 90 days if the problem or error relates to a bill payment from an account maintained at another financial institution).
If you tell us verbally, we may require you to send us your complaint or question in writing or via email within ten (10) bank business days (Online Banking customers may use secure online mail). When you contact us, please provide the following information:
• Your name and account number
• The date and dollar amount of the transaction in question
• The name of the Payee if the transaction in question is a payment
• The transaction number assigned by Online Banking, if available
• A description of the transaction about which you are unsure
Please explain as clearly as you can why you believe there is an error or why you need more information.
We will tell you the results of our investigation within 10 bank business days after we hear from you, and we will promptly correct any error we have made. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we will provisionally credit your account within 10 bank business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive your letter in 10 bank business days, we reserve the right not to provisionally credit your account.
If we conclude there was no error, we will send you a written explanation within three (3) bank business days after we complete our investigation. You may request copies of the documents that we used in our investigation.
When access to the Services is linked to one or more joint accounts, we may act on the written or electronic instructions of any account holder of the account regarding the Services. The use of the same Password for a joint account will be identified as one service.
6. SECURITY GUIDELINES AND LIMITATION OF LIABILITIES
To provide restricted and protected access to the System and use of the Services, upon enrollment each User will be required to complete the Multi-Layered Authentication Process (MLAP), which will include an Access Id, Password, text phrases chosen by the User to identify the identity of the Users’ computer and the User’s identity. A Password should not be associated with any commonly known personal identifier, such as a date of birth, CPF or social security number, etc. The Access Id, Password, and MLAP must be kept confidential and secure. By using the Service, you are authorizing the Bank to rely on the Access Ids, Passwords and MLAP to identify you or your Users when providing the Services. It is your responsibility to secure, protect and maintain in strict confidence the Access Id, Password and MLAP. The Access Id, Password, and MLAP should never be disclosed to unauthorized persons and should not be written down.
Each User will be required to enter an Access Id, click on an icon to proceed and complete a Multi-Layered Authentication Process (MLAP). To the extent the System does not recognize the User’s computer, the User will be required to answer certain security questions previously chosen by the User during the registration process.
Upon gaining access to the System, your account will be subject to certain conditions, restrictions and limitations relating to funds transfers (including Bank-to-Bank Transfers) set forth in paragraphs 7, 8, 9, 10, 11 and 12 of this agreement, as applicable.
When you give or disclose to someone Access Ids and Passwords and the MLAP you are authorizing that person to use the Services, and you are responsible for all transactions that such person performs while using the Services. All transactions that person performs, even those transactions you did not intend or want to be performed, are authorized transactions. If you notify us that a person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
You should never leave your account information displayed in an area accessible by others and should never leave a logged on terminal unattended while using the Services. To prevent unauthorized access, Users must sign-off the system as soon as their task is finished and close their browser to ensure confidentiality.
The Services has a feature that automatically disables the Access Ids after three (3) consecutive unsuccessful log-on attempts have been made by failing to successfully complete the MLAP or using an incorrect Password. You must contact the Bank to be restored access. You will be solely responsible for actions resulting from the use or misuse of the Access Id, Password and/or MLAP.
We reserve the right to block access to the Services to maintain or restore security to our site and systems, if we reasonably believe the Access Id, Password and/or MLAP have been or may be obtained or are being used or may be used by unauthorized person(s). Furthermore, if there is no log-in on to the Services or there has not been any transactions processed through such system over a period of ninety (90) days, access to the Services may be suspended or canceled by the Bank at its sole discretion, but Bank shall not be liable to you for its failure to do so.
Protecting Your Password.
You agree that we may send notices and other communications, including password confirmations, to the email address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place.
You agree to: (1) keep your Password and the MLAP secure and strictly confidential, providing it only to authorized signers on your account(s); (2) instruct each person to whom you give your Password and the MLAP that he or she is not to disclose it to any unauthorized person; and (3) immediately notify us and select a new Password and/or the MLAP if you believe your Password and/or the MLAP may have become known to an unauthorized person.
THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER OR TRANSACTIONS MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
We may suspend or cancel your Password even without receiving such notice from you, if we suspect your Password is being used in an unauthorized or fraudulent manner.
Acknowledgment of Reasonable Security Procedures
By using the Services, you acknowledge and agree that this agreement sets forth security procedures for the transactions contemplated herein that are commercially reasonable. You agree to be bound by those instructions, which we receive through the Services, whether authorized or unauthorized, which we execute in compliance with those security procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
7. DISCLAIMER OF WARRANTIES
Neither we, nor any of our affiliates or service providers, make any warranty or conditions whatsoever, express or implied, to you regarding the System, the Services, including without limitation, any warranties or conditions of merchantability or fitness for a particular purpose, course of dealing , usage or trade.
8. GENERAL PROVISIONS APPLICABLE TO FUNDS TRANSFER
Transfers can be made in two (2) ways, (i) on a one-time basis or (ii) on a recurring basis (only available for consumers). The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $200 transfer from one account to another account which occurs every month.
One-time transfers or recurring transfers can be made from a checking, NOW, savings or money market account.
Recurring transfers that fall on a weekend or a non-Business Day will be processed on the prior Business Day. Recurring transfers will be processed from the designated account on the Business Day requested.
Internal transfers from an account are immediately reflected in the account’s available balance if made prior to 4:00 p.m. (Eastern Standard Time) on a Business Day.
Transfers to Credit Accounts
Funds transferred as a payment to a credit card, line of credit, or installment loan Account held/opened at the Bank before the 4:00 p.m. (Eastern Standard Time) on a Business Day will be credited on the date the payment is submitted. Transfer payments submitted after 4:00 p.m. (Eastern Standard Time) on a Business Day will be credited on the next Business Day date. Updates to account balances, funds availability, and transaction posting may take up to one (1) Business Day.
Transfers to Accounts
Funds transferred to a deposit account at Bank (such as demand deposit, money market) prior to 4:00 p.m. (Eastern Standard Time) on a Business Day will appear with the same day’s date in the account transaction history, and are available to cover payments withdrawn from the account overnight (such as checks and direct debits). Transfers submitted after 4:00 p.m. (Eastern Standard Time) on a Business Day will appear with the following Business Day’s date in the account transaction history and are available to cover payments withdrawn from the account on the following Business Day.
All transfers submitted to a deposit account are immediately reflected in the account’s available balance.
9. MONETARY AND OTHER LIMITATIONS FOR FUNDS TRANSFERS
Funds Transfers made through the Services are subject to such monetary limitations as the Bank may set at its sole discretion from time to time. Monetary limits may be found at the System. You may request a change in such monetary limits for transfers by requesting a limit increase in writing. You agree that your account executive or bank representative may request additional data from you in connection with the written request for a change in limits and that there is no guarantee that Bank will approve such increase, which may be approved or declined in Bank’s sole discretion.
All funds transfer monetary limits are subject to such temporary or permanent increases/reductions as may be set by the Bank, at its sole discretion from time to time, to protect the security of accounts and/or the transfer system.
At our discretion, we may refuse to process any transaction that exceeds any monetary limits. In such instances, you are responsible for making alternate arrangements for the transfer or payment and we are not responsible for such refusal.
10. OTHER PROVISIONS APPLICABLE TO FUNDS TRANSFERS.
Sufficient Available Funds
• You agree that you will instruct us to make a funds transfer only when a sufficient balance is or will be available in an account at the time of the funds transfer.
• You irrevocably authorize the Bank to withdraw, debit or charge the necessary funds from the designated account from which the funds transfer is to be made on the date you designate.
• The completion of a funds transfer is subject to the availability of sufficient funds in the designated account from which the transaction is to be made. If enough funds to complete the funds transfer are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge a non-sufficient funds (NSF), returned item, overdraft, or similar fee. Please refer to the applicable Terms and Conditions of Your account and/or Fee Schedule for details.
• At our sole discretion, we may make a further attempt to process the funds transfer request.
• The Bank is under no obligation to inform you if it does not complete a funds transfer because there are non-sufficient funds or credit in your account to process the transaction. In such cases, you are responsible for making alternate arrangements or rescheduling the funds transfer within the Services.
Canceling Funds Transfers
Scheduled or recurring funds transfers can only be canceled prior to 4:00 p.m. (Eastern Standard Time) on the Business Day prior to the date the transaction is scheduled to be made. Once a scheduled or recurring funds transfer is cancelled, no further payment or transfer will be made unless you renew the recurring funds transfer with the Bank.
Payments/Transfers from Money Market and Savings Accounts
Certain regulations applicable to the Bank in the United States limit the number of preauthorized electronic fund transfers and telephone transfers - including the Services transactions from money market and savings accounts. You are limited to six (6) preauthorized electronic fund transfers, telephone transfers, checks and point- of-sale transactions per statement cycle. Each transfer or payment through the Services from a money market or savings account is counted as part of the number of transfers that you are permitted on each statement period according to the terms and conditions of your account. We charge a fee for each transaction in excess of this limit, as described in the Bank’s Schedule of Fees. We recommend that you do not use a money market account as your account for scheduled/recurring funds transfers because of these restrictions.
Other Provisions Applicable To Funds Transfers from an Account
Notwithstanding any provisions of this agreement to the contrary, all fund transfers from an account initiated by you through a payment order through the Services shall continue to be governed by the Terms and Conditions of Your account entered into between you and Bank. If there is a conflict, between this agreement and one contained in the Terms and Conditions of Your Account, this agreement will control.
11. MOBILE BANKING FOR CONSUMERS
Your enrollment in the Service enables you to access certain features and functionality of the Service by use of an electronic wireless device, such as a cellular or mobile telephone (“Mobile Banking”). Mobile Banking requires you to have a mobile device with Internet capability.
The following types of account transactions may be completed by using Mobile Banking: 1) view account balance; 2) view transaction history; 3) perform a funds transfer between BB AMERICAS accounts owned by you; and 4) view pending transfers. Additional Mobile Banking services may be available for mobile devices with certain technical capabilities.
No fees are assessed to enroll in Mobile Banking, to access Mobile Banking, or to complete the types of transactions described immediately above. You may, however, incur charges from your telecommunications carrier when sending or receiving messages to your wireless device. You may also incur charges to receive Internet service on your mobile device. BB AMERICAS will not be responsible for any such charges that you may incur.
You acknowledge and agree that the Mobile Banking service is dependent upon the functionality of the telecommunications or Internet service provider that supports your mobile device. BB AMERICAS is not responsible for the unavailability or temporary interruption of Mobile Banking due to service interruptions or failure of the device or telecommunications service provider.
You should avoid conducting any Mobile Banking transaction in view of others and should never abandon your device before your transaction is completed.
12. ALERTS AND NOTIFICATIONS
Your enrollment in the Service allows you to elect to receive transaction alerts and notifications (“alerts”). Alerts are electronic notices from us that contain transactional information about the account(s) you have designated (“designated account”). For example, alerts may include information about the receipt of wire transfers or other credits to an account, or about withdrawals that exceed a certain dollar amount.
By subscribing to the alerts feature, you acknowledge and agree that: 1) alerts are provided solely as a convenience; 2) alerts are not a substitute for the periodic statements for your designated accounts or any other notices we may send you about such designated accounts, without regard to the manner in which you have chosen to receive such periodic statements or other notices; 3) such periodic statements and other notices remain the official records of your designated accounts; and 4) your ongoing obligation promptly to review periodic statements, customer notices, and all other correspondence from us regarding your designated accounts and other services you obtain from us remains in full force and effect.
You agree to provide us a valid email address so that we may send you alerts. Additionally, you agree to indemnify and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising in any manner from your providing us a phone number, email address, or other electronic delivery location that is not your own or that you provide. Your obligations under this paragraph shall survive termination of this agreement.
We may provide alerts through one or more of: 1) online banking inbox; 2) an email account that is accessed via a personal computer; or 3) mobile phone number. You agree that the alerts are subject to the terms and conditions of your agreements with your service providers and that you are solely responsible for any fees imposed for an alert by your service providers. By accessing alerts delivery on a web-enabled mobile or cellular device, you acknowledge message and data rates may be imposed by your service provider. The frequency of alerts delivered to your mobile or cellular device depends upon the frequency of events triggering requested types of alerts.
You acknowledge and agree that: 1) alerts may not be encrypted and may include personal or confidential information about you and your transactions, such as your name and account activity or status; 2) your alerts may be delayed, misdirected, not delivered, or corrupted due to circumstances or conditions affecting your service providers or other parties; and 3) we will not be liable for losses or damages arising from (i) any non-delivery, delayed delivery, misdirected delivery, or corruption of an alert, (ii) inaccurate, untimely or incomplete content in an alert; (iii) your reliance on or use of the information provided in an alert for any purpose, or (iv) any other circumstances beyond our control.
13. TEXT BANKING
Text banking service allows you to use your mobile device to perform certain banking functions by entering an abbreviated code into the messaging application on your mobile device. Such banking functions include, but may not be limited to, checking account balance and recent transactions, locating branch offices or ATMs, and transferring funds between your BB AMERICAS accounts. Text banking capabilities may be modified by us at any time without prior notice to you. Text banking requires you to have a mobile device with certain capabilities.
Upon entering an abbreviated code into your mobile device, you will receive a response from us by text message to the same device. By activating and using Text banking, you agree to receive text messages on your mobile device. Message and data rates may be imposed by your wireless service provider. The frequency of messages delivered to your mobile device depends upon the frequency of Text Banking requests.
Text Banking responses are provided solely as a convenience. They are not a substitute for the periodic statements or any other notices we may send you about your account. Such periodic statements and other notices remain the official records of your account, and your ongoing obligation promptly to review account statements, customer notices, and all other correspondence from us regarding your account and other services you obtain from us remains in full force and effect.
14. RESPONSIBILITY FOR FAILURE TO COMPLETE TRANSACTIONS
We, or a service party acting as our agent, are responsible for completing fund transfers from your account(s) on time and in the correct amount according to your instructions transmitted through the Services. However, neither the service provider nor the Bank will be liable for any such failure:
• If, through no fault of ours, you do not have adequate funds in your account to complete a transaction from the account, or if the account has been closed or is restricted (your account or the beneficiary).
• If you have not properly followed instructions on how to make the transaction.
• If you have not given complete, correct and current instructions so that a transaction can be made.
• If withdrawals from any account has been prohibited by a court order such as garnishment or other legal process.
• If we or our affiliate or service provider reasonably believe that a transaction may be unauthorized or involve illicit activity, and based thereon, the transaction is not completed.
• If your equipment and/or the Services were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or payment.
• If circumstances beyond the Bank or our service provider’s control, prevent us from making the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.
15. SPECIAL DISCLOSURES ON ELECTRONIC TRANSACTIONS IN CONSUMER ACCOUNTS
Certain types of electronic funds transfers involving debits or credits to accounts of “consumers” (i.e., individuals or natural persons) at a U.S. financial institution (such as the Bank) are subject to the provisions of the Electronic Funds Transfer Act (“EFTA”) and Regulation E. Please see the Terms and Conditions of Your Account for these specific disclosures.
16. LIMITATION OF DAMAGES
Unless otherwise required by the law, in no event will the bank be liable to you for special, indirect or consequential damages including without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages.
17. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
The System may provide links to third-party web sites, which are not under our control. We make no representations about third-party web sites. When you access a non-Bank web site, you do so at your own risk. We are not responsible for the reliability of any data, or Password, advice, or statements made on third-party web sites. We provide these links merely as a convenience. The inclusion of such links does not imply that we endorse, recommend, or accept any responsibility for the content of such web sites. The System may mention third-party products and services for informational purposes. We make no recommendations or endorsements about third-party products and services.
The customer also acknowledges and agrees that the Bank may employ third party service providers, agents and/or independent contractors to perform the Services, and the customer agrees that the Bank shall not be liable for any disclosure of customer’s information made by such third party services, agents and/or independent contractors.
Reference to third-party products and services are provided by the Bank “as is”, without warranty of any kind, either express or implied including any implied warranties of merchantability.
18. PROPRIETARY INFORMATION AND LICENSE
Before beginning to access the System and use the Services you agree to familiarize yourself with the use of the System and review this agreement. The Bank owns and reserves all of its rights in any software provided or made available to you to access the System or use the Services.
19. PRIVACY DISCLOSURE OF INFORMATION:
Once you are an enrolled user of the Services, you may be charged the applicable charges and fees as described in the Bank’s Schedule of Fees. You authorize us to automatically deduct all applicable charges and fees from any of your accounts.
You may incur the Bank’s standard charges/fees for the following (to the same extent as if the transaction were conducted “offline”):
• Funds transfers made through the Services.
• Fees may be assessed for added self-service features available through the Services, such as stop payment, requests, check copy orders and account statement copy orders. Please consult Terms and Conditions of Your Account and the Bank’s Schedule of Fees.
• An NSF-fee, returned item, overdraft or similar fee may also apply if you order a funds transfers and the available balance in your account is not sufficient to process the transaction.
We reserve the right to impose and charge fees and charges for the Services from time to time at our sole discretion. You will be notified of any fees changes as required by applicable laws. By using the Services after a fee/charge became effective you will be subject thereto.
21. LIMITATIONS OF LIABILITY FOR SYSTEM AND MATERIALS FAILURES
The Bank’s sole liability in the event of any problem with the Services, and in particular with the System computer software, shall be limited to the correction, at no additional charge to you, of the problem with the Services. Except for the correction of errors and/or problems as provided in the preceding sentences, the Bank shall not be liable for any claim, loss or damage arising from or under this agreement, from your use of the Services and/or from Bank’s termination of this agreement and the Services, regardless of the form of action. Without limiting the foregoing, in no event shall the Bank be liable for: (a) any failure or delay in providing the Services arising from any cause beyond Bank’s reasonable control, including without limitation, strikes, lockout, riot, war, governmental regulation, communication line failure, equipment malfunction, failure of Bank’s service providers, agents or independent contractors to perform, or acts of God; and/or (b) any indirect, incidental or consequential loss and/or damage whatsoever, even if the Bank has been advised of the possibility of such loss and/or damage.
All notices from you to us under this agreement must be in writing and will be considered to have been given when we receive them at the address specified on the System. All notices from us to you will be considered to have been given when sent to you via the Services at the current email address we have for you in our records. You agree to notify us immediately if your address or email address changes, and you release, indemnify and hold us harmless from and against any losses or other damages that may result from delay or non-receipt of any notice sent by us in accordance with this provision by reason of your failure to notify us of any such change or by reason of technical failure, unauthorized interception or otherwise.
To the extent permitted by applicable laws, you hereby agree to indemnify and hold the Bank and its affiliates and any of their respective officers, directors, employees and agents, harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs and expenses, including without limitation, reasonable attorneys’ fees (and attorneys’ fees incurred on appeal), and any other costs or disbursements of any kind or nature whatsoever, by whomever brought or caused, which may be imposed upon, incurred by, or asserted against the Bank, in any way relating to, arising out of, or in connection with: (a) this agreement; (b) the use of the Services; and/or (c) any unauthorized use of the Services by persons gaining access thereto from or through you.
If any provision of this agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of any other provision of this agreement in that or any other jurisdiction.
25. NO SIGNATURE REQUIRED
When any payment or other online service generates items to be charged to an account, you agree that, based on your the Services request, we may debit any of your designated accounts or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
Neither your signature nor that of the Bank shall be required to give force and effect to this agreement. Your use of the System and the Services constitutes your consent and agreement to be bound by the terms and provisions of this agreement, as amended from time to time.
The customer accepts as of now, without reservations, as full proof of the transactions carried out through the Services each and every one of the magnetic and electronic records containing such data, as well as the amounts recorded, and accepts them as made by him or by his authorized persons.
26. ELECTRONIC DISCLOSURE AND CONSENT
You agree and consent that we may provide you with all disclosures, notices and other communications about the Services, including this agreement and any amendments thereto, in electronic form to your email address on file. You have the right to withdraw this consent by calling us at our contact numbers. You may obtain paper copies of any documents the Bank sends electronically at your request.
You may terminate the Services at any time upon giving us at least ten (10) Business Days prior written notice of termination through email@example.com. If you terminate the Services, you authorize us to continue making fund transfers or other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further fund transfers or other transactions through the Services from your account(s), including any funds transfers that you had previously authorized.
We may terminate this agreement, the Services and any access thereto at our sole discretion for any reason and at any time. We may notify you in advance of such termination, but we are not obligated to do so.
We may change or amend this agreement, including changes in the fees and charges at any time by giving notice to you at least thirty (30) days before the effective date of any such change or amendment. We will notify you of such change by email or postal mail. Your continued use of the System and/or the Services on or after the effective date of any change or amendment will indicate your concurrence with such changes or amendments.
This agreement may not be assigned by you without the Bank’s prior written consent, and any assignment without such consent shall be null and void. The Bank may assign the rights or delegate the duties under this agreement to any of our affiliates or to any other third party.
We may waive any term or provision of this agreement at any time from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
31. BINDING NATURE
This agreement shall be binding upon your heirs, successors in interest and permitted assigns.
32. FORCE AND EFFECT
This agreement shall remain in full force and effect at all times hereafter unless subsequently terminated pursuant to its provisions. Neither your signature nor that of the Bank shall be required on this agreement to give force and/or effect thereto.
The use of captions and/or headings in this agreement is for convenience only and is not part of this agreement. Accordingly, they shall not affect the meaning or interpretation of any of the provisions hereof.
The English version is the authoritative text of this agreement and all related documents and notices, and supersedes any translation to another language that may appear in such documents.
35. GOVERNING LAW AND JURISDICTION
This agreement is governed by applicable federal laws and the laws of the State of Florida, without regard to the conflict of laws provisions of the laws of the State of Florida (except to the extent this agreement can and does vary such rules or laws). The parties hereto irrevocably submit to the exclusive jurisdiction of the state and federal courts within Miami-Dade County, Florida. You hereby (a) waive any right to assert the service of process or submission to jurisdiction, in the manner provided in this agreement, is invalid or ineffective, (b) waive any objection which you may have at any time to the laying of venue of any proceedings brought in any such court, (c) waive any claim that such proceedings have been brought in an inconvenient forum and (d) further waive the right to object, with respect to such proceedings, that such court does not have jurisdiction over such party. Final judgment against you (a certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness of you hereunder or thereunder) in any such proceedings shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment. Nothing herein shall be deemed to preclude or any way limit the right of Bank to sue or take any action against you in any tribunal wherever located having jurisdiction over you or any of your assets or properties.
36. PERSONAL JURISDICTION
With respect to any such action, suits or proceeding, you hereby expressly and irrevocably (a) submit to the non- exclusive jurisdiction of such courts to the fullest extent permitted by law; (b) waive any right to assert that this agreement may not be enforced in or by such courts, and you agree not to seek and hereby expressly waive any review by any court of any other country or jurisdiction which may be called upon to grant an enforcement of the judgment of any such court; (c) waive any objection it may now or hereafter have based upon improper venue or forum non conveniens with respect to such actions, suits or proceedings in such courts; and (d) agree that service of process may be made upon you personally (or if you are an entity, upon any officer of the entity) or upon you at your address. Final judgment against you (a certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness that you have with us hereunder or thereunder) in any such actions, suits or proceedings shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment. Nothing herein shall be deemed to preclude or in any way limit the right of the Bank to sue or take any action against you in any tribunal wherever located having jurisdiction over you or any of your assets or properties.
37. ENTIRE AGREEMENT
Except where otherwise provided herein, this agreement supplements the Terms and Conditions of Your Account and together they contain the complete understanding between you and the Bank on the matters set forth herein. They supersede all prior or contemporaneous agreements or understandings on such matters.
38. WAIVER OF JURY TRIAL
You hereby knowingly, voluntarily and intentionally waive any right you may have to a trial by jury in any suit, action, proceeding or litigation in any court with respect to, in connection with, arising out of or otherwise related to, this agreement and its subject matter, your of the system, the services, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto or relevant to the Services or transaction(s) contemplated hereby. This provision is a material inducement for the Bank to offer you the Services.