These terms and conditions constitute the agreement ("Agreement") between you and Colorado State Bank and Trust ("Bank") with respect to the provision of External Transfer Services to you. Your use of the External Transfer Services constitutes your agreement to be bound by the terms of this Agreement. In this Agreement, the words "you" and "yours" mean each person who applied for the External Transfer Services, and the terms "us" and "we" mean the Bank. This Agreement is in addition to other agreements between the parties.
External Transfer Services can be used to transfer funds between an Eligible Account and one or more External Accounts. An Eligible Account is any checking, savings or money market account owned by you and held by us, to which you have access via Online Banking. An External Account is an account you own and hold at a financial institution in the United States, other than with us. An External Transfer is a transfer to an External Account from your Eligible Account, or a transfer to your Eligible Account from an External Account. To activate External Transfer Services you must have at least one Eligible Account.
You agree to pay fees for External Transfers as set forth in our Summary of Fees, as amended from time to time. The fee for any External Transfer will be disclosed to you within Online Banking before you submit any request for an External Transfer. You agree to pay the fee as disclosed. For other fees applicable to your deposit account, please see your Agreements & Disclosures and the Summary of Fees. You authorize us to deduct the amount of each fee from your Eligible Account.
Transfers to or from External Accounts may be made in amounts of up to $25,000 per day in the aggregate.
We will use reasonable efforts to make all your External Transfers properly. However, we shall incur no liability if we are unable to complete any External Transfer initiated by you under any one or more of the following circumstances:
Our liability is explained in any agreements, notices and disclosures that we separately provide to you from time to time regarding your accounts. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your accounts to conduct an External Transfer. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing External Transfers as expressly stated in this Agreement and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing External Transfer Services or as required by law.
Unless otherwise required by law, in no event will we or our affiliates be liable to you for special, indirect, punitive, or consequential damages including, without limitation, lost profits and attorney's fees, even if we are advised in advance of the possibility of such damages.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
Refused Transfers. We reserve the right to refuse any External Transfer. We will notify you promptly if we decide to refuse to transfer funds per a requested External Transfer. This notification is not required if you attempt to make a prohibited transfer under this Agreement.
Returned Transfers. You understand that External Transfers may be returned for various reasons (for example, because the number of the account intended to receive the External Transfer is not valid, or because of insufficient funds in the account from which the External Transfer is to be made). We will use reasonable efforts to research and correct the External Transfer to the intended account or void the External Transfer and credit the account from which the External Transfer was made.
If you tell us within sixty (60) days of the transaction first appearing on your statement, you shall have no liability for unauthorized use. Contact us at once if you discover your password has been lost or stolen or your account is otherwise subject to access. If you do not tell us within sixty (60) days after the statement containing an unauthorized transaction was mailed to you, you may lose any amount transferred without your authorization after sixty (60) days if we can prove that we could have stopped someone from making the unauthorized transfer if you had told us on time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
We will disclose information to third parties about your account or the External Transfers you make only in the following situations:
Our business days are Monday through Friday up to 10:00pm (Central Time), excluding weekends and holidays.
In initiating an outbound External Transfer, you are requesting us to make payments for you from your Eligible Account. If you attempt to transfer an amount larger than your Available Balance, and you have chosen to opt in to ATM and everyday debit card transactions, we, in our discretion, may permit the transfer of the amount over and above the amount of your Available Balance, in which case you will be charged an Overdraft Fee in accordance with the terms of the Agreements & Disclosures governing your deposit account. You are responsible for checking the status of transactions on your account.
You agree not to give or make available your online password to any unauthorized individuals. We will not contact you via email or phone requesting your Online Password. If you are contacted by anyone requesting this information please contact us immediately. You agree to take reasonable and adequate measures to guard against unauthorized access to your Online Password. If you believe that your password has been lost or stolen or that someone may attempt to use External Transfer Services without your consent or has transferred money without your permission, you must notify the Bank at once by calling an ExpressBanker at (877) 205-1710 or writing to us at the address listed below under Errors and Questions. Telephoning is the best way to reduce potential losses. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner. Unless otherwise provided in this Agreement or as required by law, you agree to be fully liable for all losses which may arise from unauthorized transactions.
In case of errors and questions about your External Transfers, you should contact us as soon as possible by:
If you think that your statement is wrong or you need more information about an External Transfer listed on a statement, you must notify us no later than sixty (60) days after the date on the first statement on which the problem or error appeared.
If you tell us your question or complaint about External Transfer Services orally, we may require that you send your question or complaint in writing within ten (10) business days. Except as noted below, we will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we need more than 10 business days to investigate, we will credit your account within (ten) 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
Special Rules for New Customers - If you are a new customer, for transfers occurring within thirty (30) days after the first deposit in your account, we will determine if an error occurred within twenty (20) business days after we hear from you. However, if needed, we may take up to ninety (90) days to investigate your complaint or question. If we need more than 20 business days to investigate, we will credit your account within twenty (20) business days for the amount you think is in error so that you will have the use of the money while we complete our investigation.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
In the event you wish to discontinue External Transfer Services, you must contact the Bank in writing or call ExpressBank at (877) 205-1710. Written notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuation date and must be sent to:
BOK Financial Online Banking Service
P.O. Box 2300
Tulsa, OK 74192
The Bank may terminate use of External Transfer Services by any individual at any time. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
The terms of this Agreement, applicable fees and service charges may be altered or amended by the Bank from time to time. In such event, the Bank will post the amended terms or conditions on the sign-in page on the Bank’s website. Any use of External Transfer Services after the Bank posts a change will constitute your agreement to such change(s). Further, the Bank may from time to time revise or update External Transfer Services, and/or related material which may render all prior versions of External Transfer Services obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of External Transfer Services, and/or related material and limit access to the Bank's more recent revisions and updates of External Transfer Services.
You agree we may provide you with all disclosures, notices and other communications about External Transfer Services and any future amendments, in electronic form. We will provide all future notices by posting them on the sign-in page on the Web Site for a period of at least 90 days.
We will provide you with a paper copy of any of the documents posted electronically without any fee at your request by calling us at (877) 205-1710. The Bank cannot guarantee the receipt of the notices.
In the event of a dispute regarding External Transfer Services, you and the Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank which supersedes any prior agreement, representation or warranty, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement, except to the extent that this Agreement may be subsequently modified by the Bank posting additional terms and conditions on the Web Site as described under the Alterations and Amendments section of this Agreement above. If there is a conflict between what a Bank employee says and the terms of this Agreement, the terms of this Agreement shall control.
Your use of External Transfer Services may also be affected by the agreements between us for your deposit accounts. When you link an account to External Transfer Services, you do not change the agreements you already have with us for that account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account in an External Transfer.
You may not assign this Agreement to any other party. The Bank may assign this Agreement at any time. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflicts of laws provisions. Any cause of action for a breach or enforcement of, or a declaratory judgment respecting, this Agreement shall be commenced and maintained only in the United States District Court for the Northern District of Oklahoma or the applicable Oklahoma state trial court sitting in Tulsa, Oklahoma and having subject matter jurisdiction.
In any action brought by a party hereto to enforce the obligations of any other party hereto, the prevailing party shall be entitled to collect from the opposing party such party's reasonable litigation costs and attorneys fees and expenses (including court costs, reasonable fees of accountants and experts, and other expenses incidental to the litigation). In the event any provisions of this Agreement, or the application of such provisions to any person or set of circumstances, shall be determined to be invalid, unlawful, or unenforceable, to any extent for any reason, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, or unenforceable, shall not be affected and shall continue to be enforceable to the fullest extent permitted by law. This Agreement shall not be interpreted strictly for or against any party, but solely in accordance with the fair meaning of the provisions hereof to effectuate the purposes and intent of this Agreement.