PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR THIS SERVICE.
This Common Sense Pay Disclosure and Addendum (the “Addendum”) supplements and constitutes as part of NBH Bank, (“the Bank”) Online Banking Agreement (the “Agreement”), and sets forth additional terms and conditions for use of the Bank’s Common Sense Pay service (“Common Sense Pay”). The Agreement remains in full force and effect and is supplemented by this Addendum. To the extent there is a conflict between the terms of the Agreement and this Addendum, the terms of the Addendum will govern your use of Common Sense Pay. Further, by enrolling in Common Sense Pay, you agree that the terms of this Addendum apply only to your use of Common Sense Pay and do not apply to other products, services, or transactions under the Online Banking Agreement or any other Agreements you have entered into with the Bank.

INTRODUCTION
Common Sense Pay is a fast and easy electronic person-to-person payment service that facilitates transfers between your account and any person or entity with an eligible financial institution account or PayPal® account. Additionally, you may receive funds through Common Sense Pay from a payment generated by another user of Common Sense Pay. In order to utilize Common Sense Pay, you must maintain an eligible funding account (“Account”) and enroll in the Bank’s Online Banking Service. To be considered an eligible funding account, an Account must have check-writing privileges that are linked and accessible via Online Banking. You can facilitate a transfer (“Payment”) to a person or entity (“Recipient”) utilizing their financial institution information, mailing address, email address, or mobile telephone number.

COMMON SENSE PAY AUTHORIZATION
You (the “Sender”) authorize the Bank to follow Payment instructions we receive from you through the Common Sense Pay when you provide us with the names, mailing addresses, telephone numbers, email addresses, or bank account information for Recipients to whom you wish to direct Payments. When we initiate processing of such Payments you have authorized through Common Sense Pay, you also authorize us to debit the Account for the amount of the Payment, plus any service fees in effect at the time the Payment instructions are received, and to remit funds to the Recipient as indicated in the Payment instructions.

The Bank is relying on information you provide when you enter Payment instructions. Any errors, including incorrect Recipient names, mailing addresses, email addresses, mobile telephone numbers, or bank or account number information, are your responsibility as the Sender, and the Bank does not confirm or verify the information you enter prior to sending the Payment.

PAYMENT CRITERIA AND LIMITATIONS
Limits for Common Sense Pay will vary based on the relationship the Sender has with The Bank. Payments made through Common Sense Pay are subject to the following criteria and limitations:

Payment Methodology

Account to Account ACH

Recipient Information Needed

Recipient’s bank routing/transit and account numbers.

Debit to Sender's Account

Real-time, when Payment is authorized.

Payment Methodology

PayPal

Recipient Information Needed

Recipient’s email address or mobile telephone number.

Debit to Sender's Account

Real-time, when Payment is authorized.

Payment Methodology

PayNet Instant

Recipient Information Needed

Recipient’s email address or mobile telephone number.

Debit to Sender's Account

Real-time, when Payment is authorized.

Payment Methodology

Recipient Choice

Recipient Information Needed

Recipient’s email address or mobile telephone number.

Debit to Sender's Account

Real-time, when Payment is authorized.

PAYMENT EDITS OR CANCELLATION
Payment processing begins immediately after the Sender submits the Payment on the preview page. If the sender has chosen the account-to-account, direct check, or PayPal delivery method, the payment cannot be edited or canceled.

However, if the Sender selected the “Contact Chooses” delivery option, the Sender may be able to cancel the payment as long as it has not been claimed by the Recipient. The Sender can cancel the payment by clicking the “Cancel payment” link on the Outgoing Payments tab.

CLAIMED PAYMENTS You will not receive a notification when a Payment has been claimed. However, Payment status can be confirmed by viewing the Outgoing Payments tab on the Personal Finance Service dashboard.

DECLINED AND EXPIRED PAYMENTS If a Payment is declined by the Recipient, you will receive an email or text message notification from the Personal Finance Service. Text messaging data rates set by your wireless carrier may apply.

LIMITATION ON LIABILITY The Bank will not be liable to you for Payments that are not properly completed in the following instances:

  • If there is a hold on your Account, or if access to your Account is blocked, in accordance with the Bank’s policy. Please note that funds in the Account must be available in order to facilitate the transfer of Payment. Recent deposits made to your Account may not be available immediately. Please refer to the Funds Availability Policy Disclosure included with the Deposit Account Agreement and Disclosure provided to you when you opened the Account.
  • If your funds are subject to legal process or other encumbrance restricting the transfer.
  • If you have insufficient funds in your Account to complete the Payment.
  • If your Payment authorization terminates by operation of law.
  • If you believe someone has accessed your account(s) without your permission and you fail to notify the Bank as detailed in the section titled “SECURITY” in the Online Banking Agreement.
  • If we received incomplete or inaccurate information from you or a third party involving the Account or Payment instruction.
  • If the Bank has a reasonable basis for believing that unauthorized use of your Online Banking credentials or Account(s) has occurred or may be occurring.
  • If you are in default of this Addendum and its terms and conditions or any other agreement you have with the Bank.
  • If Recipient refuses to accept a Payment.
  • If the Bank, or you, terminate Online Banking or suspend or terminate Common Sense Pay.

INSUFFICIENT FUNDS
You must reimburse the Bank immediately upon demand for any Payment completed for which your Account does not contain sufficient funds. Further, you must reimburse the Bank for any fees, including Overdraft fees, resulting from the Payment. Pursuant to the Deposit Account Agreement and Disclosure provided to you when you opened the Account, we may report information about your Account, including Account mismanagement and defaults, to credit bureaus.

COMMON SENSE PAY USAGE FEES
The Bank will charge fees on Common Sense Pay ranging from $0.00 to $0.50 depending on the payment method chosen and reserves the right to modify the terms of this Addendum and the applicable fees and service charges at any time, effective upon 30 days’ notice to you as described in the Deposit Account Agreement and Disclosure and the Online Banking Agreement. You understand and acknowledge that the use of the PayPal Service may result in a fee being applied to the Payment by PayPal. Such fees are governed by any agreements and disclosures provided by PayPal, and the Bank is not liable or responsible for such fees. Further, the Bank is not liable or responsible for any fees incurred by the Recipient or any other third-party in the Payment.

COMMON SENSE PAY TERMINATION
Access to Common Sense Pay may be suspended or terminated by the Bank at any time. Your termination of your enrollment in the Bank’s Online Banking Service will also cancel your access to the Common Sense Pay.

By enrolling in Common Sense Pay, you agree to the terms and conditions described in this Addendum, the Online Banking Agreement, and the Deposit Account Agreement and Disclosure. Please print a copy of this Addendum for your records and retain with your Online Banking Agreement and Deposit Account Agreement and Disclosure.