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Terms & Conditions for True Blue Online®

  1. Introduction
  2. Eligible Accounts
  3. Access to Eligible Accounts
  4. Secure Messages
  5. Online Financial Services
  6. Bill Pay Service
  7. Linked Eligible Accounts
  8. Electronic Fund Transfer Provisions for Consumers
  9. Security
  10. Liability
  11. General Provisions
  12. Fees

I. Introduction

This True Blue Online® Service Agreement ("Agreement") governs your use of True Blue Online® services available through Capitol Federal Savings Bank ("Bank"). In this Agreement, "TBO" will refer to all online banking services to include Bill Payment except as otherwise noted.

You may use TBO to access your Eligible Accounts (defined in section II of this Agreement) through the Internet and via touchtone telephone for certain bill payment transactions. You also may use TBO to access other Online Financial Services (defined in section V of this Agreement) through the Internet.

By enrolling in and using TBO to access an Eligible Account or Online Financial Service you are agreeing to the terms of this Agreement in addition to the terms and conditions for the Eligible Account(s). You further agree that the Agreements and any amendments thereto may be delivered to you electronically.


II. Eligible Accounts

To enroll in and access TBO, you must use your Social Security number and Personal Identification Number (PIN). Each personal, non-business Capitol Federal deposit or loan account you have with the Bank that is identified with the same taxpayer identification number (social security number) as the number used to enroll and on which you are authorized to receive information and/or authorize transactions, is an "Eligible Account". Examples of accounts that you may elect to enroll as Eligible Accounts include checking, savings or money market (deposit) accounts; certificates of deposit; IRA and other retirement accounts; home equity lines of credit; other consumer loans and mortgage loans.

Your Eligible Accounts will continue to be subject to the agreements otherwise governing them, except where it is noted in this Agreement. Additionally, each Eligible Account and Online Financial Service will be subject to the following:

·  the terms or instructions appearing on a screen when using a Service;

·  Capitol Federals procedures and policies applicable to each Eligible Account and each Online Financial Service;

·  the rules and regulations of any funds transfer system used in connection with an Online Financial Service; and

·  applicable state and federal laws and regulations.

These procedures, policies, laws and regulations may change from time to time without notice to you unless required by law. Your continued use of the service following receipt of the agreement or notice of change constitutes acceptance of the agreement or change.

 


III. Access to Eligible Accounts

A. ACCESS. You may access an Eligible Account to:

·  view account balances, transaction history, paid checks and other information;

·  transfer funds between accounts held at Capitol Federal;

·  perform self-service transactions to include check reorders, add a stop payment, change your online password, change your email address and manage account preferences;

·  send and receive secured messages to inquire about your accounts and other Bank services;

·  report a lost, stolen or damaged Passcard;

·  request a copy of a paid check and to request a copy of a previous statement.

·  pay bills using True Blue Bill Payment (features described below).

To use TBO you must have a password and the required hardware and software, to include browser software that meets the authorized security level. The Bank also employs additional security measures that map your computer access signature and may result in a "challenge" that requires an answer to one or more questions that should be known only to you. An incorrect response to a challenge question may result in denied access to TBO. Generally you are able to access your Eligible Accounts through the Internet seven days a week, 24 hours a day. At certain times, TBO may not be available due to system maintenance or circumstances beyond our control.

B. JOINT ACCOUNTS. If two or more individuals hold a joint account, each account holder shall enroll separately and will have his/her own User ID and password. The Bank will not knowingly accept or act upon any authority received from or through any party other than the owner of the User ID. Each joint account holder using TBO - to include True Blue Bill Payment - will be subject to this Agreement with his/her own list of payees and payment history. The joint account holders will have access to and share account history for their jointly held accounts, but will not share access to any accounts which are separately held. Each joint account holder may perform transactions, obtain information, stop or change his/her payments or transfers, terminate his/her TBO Agreement or otherwise transact business, take actions or perform transactions permitted under this Agreement.

The Bank can rely on the instructions of any joint account holder who has his or her own TBO password and access to such joint account and the Bank is not required to obtain the consent of or give notice to the other joint account holder. However, each joint account holder only will be permitted to access accounts for which he/she is an owner. Terms of this Agreement will apply to all owners of the account, jointly and severally.


IV. Secure Messages

TBO provides secure message forms for you to ask questions about your account(s) or give comments on the Service. These secure message forms are accessible after you sign on with your password. To ensure the security of your Eligible Account information, we recommend that you use only these secure message forms when asking specific questions about your Eligible Account(s). You also may use secure messages to request selected actions or services related to your Eligible Accounts. For other transactions, please use the appropriate functions within the Service or call 1-888-8CAPFED.


V. Online Financial Services

You may use TBO to access your accounts and services as are then available as disclosed at the Website (the "Online Financial Services"). With respect to your Eligible Accounts, this includes obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day.

Capitol Federal may, from time to time, introduce new Online Financial Services. When this happens we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time.

All transfers completed after the transfer cutoff time of 11:00 p.m. Central time on a business day, or on a day that is not a business day, will be posted on the next day. Every day is a business day except Saturdays, Sundays and federal holidays.


VI. Bill Payment Service

A. DESCRIPTION OF THE BILL PAYMENT SERVICE. The True Blue Bill Payment Service allows you to make one-time or recurring payments from your enrolled checking account(s) to any person, business, organization or other entity within the United States and its territories except as noted below.

You may enroll for True Blue Bill Payments though True Blue Online or by using a separate approved application form. To utilize bill payment through the Automated Information Line, upon receipt from you of a properly completed application, Capitol Federal will mail you an approved payee list, assigning a unique identifying number to each requested payee authorized to receive payment through the Automated Information Line or TBO. You should not disclose the approved payee list to any third party. The Bank will accept written authorization forms only for the purpose of initially establishing or modifying payee information. Requests for payments must be received through True Blue Online or the Automated Information Line.

Payees may be added or changed through True Blue Online or by contacting Capitol Federals Customer Support line with proper identification.

You may arrange, at your option, for the payment of your current, future and recurring bills from one or more of your Capitol Federal checking accounts (called the "Bill Payment Account"), up to a maximum of $9,999.99 per payee each business day. Eligible Accounts that require two or more signatures or authorizations to withdraw or transfer funds may not be used as a Bill Payment Account. Money Market accounts and Execuline accounts also are not eligible bill payment accounts.

There is no limit to the number of payments that may be authorized. You may pay anyone approved by Capitol Federal through the Bill Payment Service. However, we are unable to process any payments to federal, state, or local tax agencies. By furnishing us with the names of your payees and their addresses, you authorize us to follow the payment instructions to these payees that you provide us via TBO or by Automated Information Line.

The "Process Date", which you enter for each payment, is the date funds will be withdrawn from your account and sent to the payee. When we receive a valid payment instruction, we will transfer funds to the payee on your behalf from the funds in your Bill Payment Account on the Process Date.

Every day is a business day except Saturdays, Sundays and Federal Holidays. If a payment is requested for a day on which the Bank does not remit payment the payment will be processed on the prior business day.

We will not be obligated to make a payment unless your Bill Payment Account has sufficient available funds to pay the bill on the close of business on the day prior to the process date for which payments are requested, except the Bank reserves the right at its sole discretion and without establishing an agreement to so treat future situations, to create an overdraft on the account, remit the payment and charge an overdraft fee. Payment requests that are not paid due to insufficient withdrawable funds shall be subject to an NSF notice fee.

The payment request(s) will be posted to Payment History with a status of NSF (Not Sufficient Funds). If you have insufficient funds to process payment requests, Capitol Federal will mail you a notice listing only the unpaid requests for that day. NSF payment(s) will not process and you are responsible for scheduling the new payment. If the payment was a Recurring payment, it will be scheduled to continue processing at the next interval (monthly, quarterly, etc.)

Overdraft protection transfers for True Blue Bill Payments are limited to $2000.00 per day.

Funds for ALL Bill Payments (whether we make these payments electronically or by check) will be withdrawn from your Bill Payment Account on the scheduled Process Date prior to remittance to your payee(s).

B. NO DUTY TO MONITOR PAYMENTS. We have no duty to monitor the payments that are made through the Bill Payment Service. You agree to indemnify, pay and hold the Bank harmless from any and all liability, loss, damages or costs as a result of any claim, demand or judgment arising from any payment made pursuant to this Agreement.

C. STOP OR CHANGE INSTRUCTIONS. You have the right to stop or change any scheduled bill payment. However, you must cancel a payment by no later than 10:59 p.m. (Central Time), on the business day prior to the Process Date (including any adjustment as noted above for the Process Date falling on a non-business day), by using the "Delete" function on the TBO Pending Payment Detail screen or the "Delete payment" function on the Automated Information Line.

D. SCHEDULING PAYMENTS. There will be a delay between the Process Date (the date your payment is sent) and the date the payee receives that payment. Any payments made through the Bill Payment Service require sufficient time for your payee to receive your payment and credit your account properly. YOU SHOULD ENTER A PROCESS DATE ON THE PAYMENT SCREEN WHICH IS FIVE FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE TO ALLOW ADEQUATE PROCESSING TIME.

E. BANK ERRORS. Should the Bank fail through error or negligence on its part, to make a payment to a designated payee, the liability of the Bank shall be limited solely to payment of any late charge or interest expense that directly results from such failure to make payment. We will not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. Further, the Bank shall assume no liability for nonpayment due to errors, omissions or delays on the part of the US Postal Service or any other transmitting party, or the payee. In the event of refusal of payment by a designated payee, the Bank will notify the Owner of such refusal. Upon such notification, the Bank shall have no further responsibility of payment and shall not be liable for any damages, actions or causes of action by virtue of such payment refusal.

We also will not be liable if there are insufficient available funds or credit availability in your Bill Payment Account; if a legal order directs us to prohibit withdrawals from the Bill Payment Account; if the Bill Payment Account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special, or consequential damages arising out of the use of the Bill Payment Service.

The Owner agrees to indemnify, pay and hold the Bank harmless from any and all liability, loss, damages or costs result of any claim, demand or judgment arising from any payment made pursuant to the True Blue Bill Payment agreement.

Capitol Federal reserves the right to delete dormant payees that have not been active for at least six months, or to change payee addresses or account number structure at the request of the payee or its agent.


VII. Linked Eligible Accounts

All Eligible Accounts will be linked by means of the tax identification number provided upon enrollment. Eligible Accounts that are linked together will appear together without regard to the ownership of those accounts. This means, for example, that when an owner of an Eligible Account accesses TBO that owner will be able to view and access at a single time all accounts that are identified with the tax identification number. There is only one Password per taxpayer ID which will serve to control access to the information. Any joint account holders whose social security number is not being used on the account must provide the Bank with a properly completed and signed W-9 Form prior to accessing TBO. W-9 Forms are available at any Capitol Federal office.


VIII. Electronic Fund Transfer Provisions For Consumers

These terms and conditions apply to all classifications of Passcard and Money Market accounts, including Statement Savings, Personal Checking and Money Market Select, except as noted. Use of TBO requires special consideration for security and privacy of account information to fully protect you from fraudulent access to your accounts.

There are serious criminal liabilities for fraudulent use of your TBO access. If your statement shows transfers that you did not make, notify us at once. If you do not notify us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we will extend the time periods.

Call or write us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. Call us at 1-888-8CAPFED, or write: Capitol Federal Savings, 700 S Kansas Ave., Topeka, KS 66603. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. Be sure to:

·  tell us your name and account number;

·  describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and

·  tell us the dollar ($) amount of the suspected error.

If you notify us verbally, we will require that you send us your complaint or question in writing within 10 business days. The use of Secure Messaging does not preserve your rights under the Electronic Funds Transfer Act.

We will tell you the results of our investigation within 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 45 days to investigate your complaints or questions - 90 days in the case of an ATM transaction outside of the United States or a Visa purchase. If we decide to do this, we will recredit your account within 10 business days - 5 business days for a Visa purchase - for the amount you think is in error, so that you will have 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 10 business days, we may not recredit your account.

If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.


IX. Security

As part of completing the online enrollment, you will be required to select a password that will give you access to your Eligible Accounts through TBO. You agree to not disclose your password or otherwise make it available to anyone else. Your new password must be at least 8 characters in length and must contain at least one number. All passwords will expire annually; however we recommend that you change your password more frequently, and certainly any time that you suspect that someone may know your password. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize the password and do not write it down. Notify us immediately of any loss or theft of your password. You also should not instruct your web browser to "remember" the password. You are responsible for keeping your password and Eligible Account information confidential. If you permit any other person to use the service or your password, you will have authorized that person to access your accounts and you are responsible for any transactions that person initiates or authorizes from your accounts. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify Capitol Federal using the TBO messaging anytime, 24 hours a day, 7 days a week, or contact Customer Service, Monday - Friday from 7 a.m. to 11 p.m. (varied weekend hours) at 1-888-8CAPFED or write to Capitol Federal Savings, 700 S. Kansas Avenue, Topeka, KS 66603 or send a fax to 1-785-231-6364.


X. Liability

A. OUR LIABILITY. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Eligible Accounts and Online Financial Services. 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 Eligible Accounts or Online Financial Services through the Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Financial Services 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 the Online Financial Services.

IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:

·  is not in accordance with any term or condition applicable to the relevant Online Financial Service or Eligible Account;

·  we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;

·  would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;

·  would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;

·  is not in accordance with any other requirement of our applicable policies, procedures or practices; or

·  we have reasonable cause not to honor for our or your protection.

You are responsible for the installation, maintenance, operation, and any required upgrades to your computer and the software. We are not responsible for any errors or failures from any malfunction of your computer or the software, nor are we responsible for any computer virus, communications errors, or related problems that may be associated with the use of TBO.

Below are additions to the Bank's disclosure and agreement for the terms, conditions, liabilities, rights and responsibilities for the use of Personal Financial Management (PFM) or other third party software to access information from True Blue Online. Capitol Federal currently is certified with Intuit's Quicken software for PC (Windows). Customers utilizing PFM software to download transactions, setup bills for payment through the True Blue Bill Payment function, and transfer funds between checking and savings accounts may do so now, using PFM software installed on their home computer. The same True Blue Online features that you have used on the website, including Bill Payment, will continue to be available and do not require the use of PFM software. However, customers not currently using Bill Payment, must use the True Blue Online website to enroll in the Bill Payment function to pay bills through the PFM software.

In no event will the Bank have liability for any consequential, special, punitive, or indirect loss or damage whether or not any claim for such damages is based on tort or contract or the Bank knew or the Bank should have known the likelihood of such damages in any circumstances, regarding the customers use of PFM software. The Bank will provide transactions and process transactions authorized by your PIN, but will not be liable for the use, distribution or storage of these transactions within your PFM software. The Bank will only assist with inquiries about transactions that have posted to your account at the Bank. The Bank does not provide support for the use of PFM software. All PFM software inquires will be handled by customers contacting the appropriate PFM software support line or website. In no event will the Bank have liability for the use of, or actions taken by our customers using PFM software or other arrangements made between the customer and the PFM software vendor. Please be aware that there are significant differences between versions of PFM software and there could be issues regarding the synchronization of files between the PFM software and True Blue Online. Issues and questions regarding versions of the PFM software should be directed to the PFM software provider.

The Bank will not have the obligation to honor, in whole or in part, any transaction or instruction which is not in accordance with any terms or conditions applicable to the TBO Terms and Conditions agreement and this addendum.

The Bank reserves the right at any time to modify the features or cancel its agreement with PFM software vendors without prior notice to the customer. This could result in the service being temporarily or permanently disabled, modified, or enhanced with additional features. In the event of any action which the Bank, in its sole judgment, determines would be considered to have negative consequential effects on the customer, the Bank will post notice on its website for a period of 30 days prior to executing such action, provided that such notice period may be offered without impairment of the service.

B. INDEMNIFICATION. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, if you are an owner of an Eligible Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Eligible Account or the performance of an Online Financial Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your authorized representative.

C. THIRD PARTIES. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an Account Aggregator (sometimes known as "screen scrapers," referring to the technique utilized to obtain the data), by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services through the Service.


XI. General Provisions

A. TERMINATION. Unless otherwise required by applicable law, Capitol Federal may terminate this Agreement and/or your access to any Online Financial Service through the Service, in whole or in part, at any time. Access to the Online Financial Services through the Service, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of an Online Financial Service by calling Capitol Federal Savings Customer Service at 1-888-8CAPFED.

If you have the Bill Payment Service and do not schedule or process a payment in your Payment Account via the Service for any three (3) month period, Capitol Federal may terminate your Bill Payment Service. If it does, your online bill payment information will be lost. If you decide to terminate the Service, we strongly suggest that you cancel all future bill payments at the same time that you cancel your Bill Payment Service, by deleting those payments yourself using the Service. This will ensure that future payments made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment Service has been terminated. Termination of the Bill Payment Service will not automatically close your Eligible Accounts.

If you do not access your Eligible Accounts via the Service for any three (3) month period, we may terminate your Service.

If you wish to cancel any of your Online Financial Services, contact Capitol Federal Online Customer Service at 1-888-8CAPFED or send us cancellation instructions in writing to Capitol Federal Savings Bank, 700 S. Kansas Avenue, Topeka, KS 66603.

B. CHANGES. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement on the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it can't be disclosed without jeopardizing the security of the system, this Agreement will be updated within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing use of the Service. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.

C. ASSIGNMENT. We may assign our interest in this Agreement to Capitol Federal or to any now-existing or future direct or indirect subsidiary of Capitol Federal. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

D. NOTICES. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.

E. DISCLOSURE OF INFORMATION. The circumstances under which we will disclose information about you, your Eligible Accounts, or your Online Financial Services is set forth in the information that has been separately disclosed to you in the contracts, notices, and disclosures that have been separately provided to you and in accordance with our policy disclosed on our Website.

We may disclose information to Third Parties about your account or the transactions you make, when necessary for completing transactions, in order to verify the existence and condition of your account for a Third Party, such as a credit bureau, payee or holder of a check issued through the service, or in order to comply with government agency or court orders, or give information to any governmental entity having legal authority to request such information, or if you give your permission.


XII. Fees

A. THE SERVICE. There are no monthly or transaction fees for accessing the Online Financial Services - to include True Blue Bill Payment - through TBO. If you close all your Eligible Accounts, your access to True Blue Bill Payment or Online Financial Services automatically is terminated as of the date and time of the account closing.

B. TELEPHONE CHARGES. You will be responsible for any telephone charges which you incur by using the Service.

C. MISCELLANEOUS FEES AND CHARGES. The fees that have been separately disclosed to you in connection with your Eligible Account(s) will continue to apply to those account(s) and to your Online Financial Services, except as noted below. Other fees may be assessed and billed separately by your online service provider.

True Blue Bill Payment fees for stop payments, or payment returned by payee as undeliverable or account number not found, personal checks, and ACH Electronic debits will be assessed against your account: $28.00 each.

Any charges listed above will be deducted automatically from your account and will appear on your account statement.

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