True Blue Online® Business Terms and Conditions


1.    TERMS OF AGREEMENT.  These True Blue Online® Business Terms and Conditions ("Agreement") govern the use of True Blue Online® Business (“TBO Business”) available from Capitol Federal® Savings Bank ("Bank," "we," "us" or "our").  Enrollment to TBO Business must be authorized by the individual(s) designated on the Company Resolution authorized to enable Cash Management and Cash Management Services for the entity (“Company”).  The Company will designate an Online Banking Administrator (”Administrator”) authorized by the Company to act on behalf of the Company as the primary point of contact for TBO Business who shall be responsible for the ongoing management of all users.  The Administrator may grant additional access to TBO Business to other individuals in the Company (“Authorized Users”), who shall also be authorized to act on behalf of the Company.  TBO Business includes all online banking services offered through our TBO Business banking website ("Website"), and identified in Section 8 below.  Access to TBO Business by the Administrator and any Authorized User is controlled by a unique company ID (“Company ID”) and individual log-in credentials.  The Administrator shall have a unique ID (Administrator User ID) and password (“Password”) and each Authorized User shall have a user ID (“User ID”) and Password. 

2.    ENROLLMENT IN TBO BUSINESS. To access TBO Business, the Company must complete the Cash Management Enrollment Form, identify accounts for access, and identify an Administrator.  Enrollment may be authorized by the individual(s) identified in the Company Resolution document(s) designated with authority to establish Cash Management and Cash Management Services.  As part of enrollment in TBO Business, we will provide the Administrator a permanent Administrator User ID and Password.  Enrollment in and continued use of TBO Business shall constitute authorization for all transactions made through TBO Business. Any transaction made through TBO Business with a valid User ID and Password shall have the same effect as if the transaction was made with a written signature.

3.    INFORMATION AUTHORIZATION. Enrollment in TBO Business or any Cash Management Services may not be completed if (1) Company fails to provide all of the information required to complete the enrollment process or (2) we cannot verify the Administrator’s or an Authorized User’s identity or other necessary Company information. Company agrees that we may request a review of the Company’s credit rating at our expense through an authorized bureau. The Company further agrees that we may obtain financial information, including transaction history, about the Company from third parties.

4.    SERVICE PROVIDERS. The Cash Management Services may be offered through one or more third parties (collectively, "Service Providers") that we have engaged to render the Cash Management Services on our behalf. We may delegate to Service Providers any performance obligations or rights we have under this Agreement.

5.    SECURE MESSAGES. TBO Business provides a secure messages feature ("TBO Business Contact Us") to correspond with the Bank about Enrolled Accounts and the Cash Management Services. TBO Business Contact Us is accessible after login with a User ID and Password. To ensure the security of Enrolled Account information, we recommend that you use TBO Business Contact Us when asking specific questions about Enrolled Account(s). TBO Business Contact Us may be utilized to request selected actions or services related to Enrolled Accounts. For other transactions, please use the appropriate functions within the applicable Online Service or call 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181.

6.    EMAIL AND MOBILE ALERTS. We may send certain email or mobile alerts regarding TBO Business and the Cash Management Services. The Company expressly authorizes us and Complete Payment Recovery Services, Inc., and its affiliates to contact The Administrator and any Authorized User for non-marketing purposes, via auto-dialer, pre-recorded messages, SMS text messages, or any other method on any of the mobile phone numbers or email addresses provided by the Company.

There are some alerts that cannot be turned off and for which a preference cannot be set.  The Administrator and Authorized Users may also sign up for additional optional alerts related to TBO and the Cash Management Services. We do not charge a fee to send alerts, but message or data charges or rates may be imposed by the wireless carrier for which the Administrator or Authorized User shall be solely responsible.

Alerts may be delayed or prevented by factors beyond our control (such as system failures or misdirected delivery). We do not guarantee the delivery or accuracy of alerts. Further, we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by the recipient or a third party as the result of an alert.

7.    BUSINESS ACCOUNTS.  Upon enrollment, the Company will designate accounts eligible for use in TBO Business and the Cash Management Services (“Enrolled Accounts”).  After enrollment, requests to designate additional Enrolled Accounts can be initiated by the Company in person, via TBO Business Contact Us; or by writing us at 700 S. Kansas Avenue, Topeka, KS 66603.  All Enrolled Accounts will continue to be controlled by the agreements otherwise governing them, unless otherwise provided in this Agreement. Further, Enrolled Accounts and the use of TBO Business and Cash Management Services shall be subject to any terms or instructions appearing on a screen when using TBO Business; the Bank's procedures and policies applicable to any Enrolled Account or Cash Management Service; the rules and regulations of any funds transfer system used in connection with TBO Business and the Cash Management Services; and any applicable state and federal laws and regulations. Company represents and warrants that each Enrolled Accounts is established and maintained for business purposes and shall not be used for personal, household, or family purposes.  Requests by the Company to add Enrolled Accounts with a different name, customer identification number, or tax ID must be approved by the Bank.

8.    CASH MANAGEMENT SERVICES. The Company may use TBO Business to access information concerning its Enrolled Accounts and to perform certain transactions for which its Administrator and any Authorized Users are authorized. The following services (collectively the “Cash Management Services”) will generally be available to the Company:

•    View balance and transaction information concerning your Enrolled Accounts.
•    View images of checks clearing your Enrolled Accounts.
•    View images of checks deposited to your Enrolled Accounts.
•    Transfer funds between your Enrolled Accounts that are deposit accounts.
•    Make payments on your loans.
•    Schedule future transfers on a one-time or recurring basis.
•    Make payments to payees other than us from any of your Enrolled Accounts that are checking accounts (“Bill Payment Feature”).  Terms and conditions for the Bill Payment Feature are included in this Agreement.
•    Make payments and receive certain payments via the Automated Clearing House network from any of your Enrolled Accounts that are checking accounts (“ACH Origination Feature”). To utilize the ACH Origination Feature, you must agree to the separate ACH Originator Agreement which shall govern any ACH transfers initiated through TBO Business. This Agreement incorporates and supplements the terms and conditions of the ACH Originator Agreement and applicable schedules. The terms of the ACH Originator Agreement and applicable schedules will supersede any conflicting terms in this Agreement
•    Make payments via the wire transfer network of the Federal Reserve System from any of your Enrolled Accounts that are checking accounts (“Wire Transfer Origination Feature”). To utilize the Wire Transfer Origination Feature, you must agree to the separate Wire Transfer Agreement which shall govern any wire transfers initiated through TBO Business. This Agreement incorporates and supplements the terms and conditions of the Wire Transfer Agreement and applicable schedules. The terms of the Wire Transfer Agreement and applicable schedules will supersede any conflicting terms in this Agreement
•    Send a secure message using TBO Business Contact Us.
•    Place stop payment orders for checks written against your Enrolled Accounts.
•    Use Check Positive Pay or ACH Positive Pay to help manage fraud on your Enrolled Accounts that are checking Accounts (Positive Pay Feature). You must agree to the separate Positive Pay Agreement which shall govern the terms and conditions in which the service is used within TBO Business. This Agreement incorporates and supplements the terms and conditions of the Positive Pay Agreement and applicable schedules. The terms of the Positive Pay Agreement and applicable schedules will supersede any conflicting terms in this Agreement
•    Use Account Reconciliation Services for partial, full, or deposit reconciliation. 

9.    EQUIPMENT. To use TBO Business you must have the required hardware and software, including browser software that meets the authorized security level. Your use of TBO Business is dependent on Internet connectivity, and you are responsible for trouble shooting Internet connectivity issues.
You agree that you will not send us any viruses, worms, malware, or similar malicious programs or engage in any activity which may have a harmful effect on Website or TBO Business, such as launching a "denial of service" attack. You are responsible for maintaining and ensuring the security of all computers, systems, networks and Internet access used to access TBO Business. You will: (i) ensure that your Internet connection is secured with a firewall configured to commercially reasonable standards; (ii) ensure that all computers and devices that access TBO Business (and all computers connected to the same Local Area network (LAN) as those computers) are protected against viruses, worms, malware or similar malicious programs; and (iii) immediately notify us if you have knowledge or suspect that your computers that access TBO Business (or computers connected to the same LAN as those computers) have been infected with any virus, worm, malware or similar malicious program.

10.    DISCLAIMER OF WARRANTIES. You assume the entire risk with respect to your use of TBO Business and the Cash Management Services and any device that the Administrator or any Authorized User uses to access TBO Business and the Cash Management Services including, without limitation, the risk that any and all information and transactions exchanged or processed through TBO Business are viewed and/or tampered with by a third party when in transit or accessed through any Company ID, Administrator User ID, or User ID and Password. THE INFORMATION PROVIDED ON TBO BUSINESS IS FOR INFORMATION PURPOSES ONLY. SUCH INFORMATION IS BELIEVED TO BE RELIABLE, BUT WE DO NOT WARRANT ITS COMPLETENESS, TIMELINESS, OR ACCURACY. WE SHALL HAVE NO LIABILITY FOR ERRORS OR OMISSIONS OF SUCH INFORMATION. TBO BUSINESS AND THE CASH MANAGEMENT SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO TBO BUSINESS, EITHER OR BOTH OF WHICH MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF A CASH MANAGEMENT SERVICE OFFERED THROUGH TBO BUSINESS SHALL BE FOR US TO USE COMMERCIALLY REASONABLY EFFORTS TO PERFORM AN ADJUSTMENT TO ANY IMPACTED ENROLLED ACCOUNT, AS DETERMINED APPROPRIATE IN OUR SOLE DISCRETION, OR REPAIR OF THE CASH MANAGEMENT SERVICE.

11.    LIMITATION OF LIABILITY; EXCLUSION OF CERTAIN DAMAGES. Our liability to the Company is explained in the agreements, notices, and disclosures we provide to it from time to time regarding its Enrolled Accounts and TBO Business. This Section explains our liability to the Company only to the extent that our liability has not already been disclosed by any other agreement, notice, or disclosure. Under no circumstances will we have any liability to the Company for failing to provide it access to its Enrolled Accounts or the Cash Management Services through TBO Business or for any delays, interruptions, or disruptions in service under this Agreement or for any losses or damages it may suffer as a result thereof. Further, we shall have no liability for any losses the Company incurs due to its permitting any person who is not the Administrator or an Authorized User (an “Unauthorized Person”) to access TBO Business and the Cash Management Services on the Company’s behalf with any Company ID, Administrator User ID or User ID and Password, or otherwise, or the misuse of TBO or any of the Cash Management Services by the Administrator, any Authorized User, or any Unauthorized Person. Neither shall we have any liability for any losses the Company incurs arising out of or related to any actions we take or omit to take in good faith in reliance upon instructions from the Administrator, any Authorized User, or any Unauthorized Person. Additionally, we shall have no liability arising out of or related to the use of any hardware, third-party software, or wireless or other telecommunications network, the Company may use to access TBO Business or otherwise use in connection with TBO Business. The Company is solely responsible for the installation, maintenance, operation, and any required upgrades to its computers or other devices and any third-party software it uses to access TBO Business or otherwise uses in connection with TBO Business. We will not be liable for any errors or failures arising out of or related to any malfunction of such computer, device, or software, nor will we be liable for any computer virus or other malicious program, communications or network error, or similar problems that may be associated with the Company’s use of such computers, devices, or software or of TBO Business and the Cash Management Services.

Unless otherwise required by applicable law, we will only be responsible for performing the Cash Management Services as expressly stated in this Agreement, and will only be liable for material losses resulting from, arising out of, or incurred in connection with your use of the Cash Management Services to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Cash Management Services.

IN ANY ACTION ARISING OUT OF OR RELATED TO TBO BUSINESS, THE CASH MANAGEMENT SERVICES, OR THIS AGREEMENT, EVEN IF LIABILITY IS ESTABLISHED FOR ACTUAL DAMAGES, IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR ANY INDIRECT LOSS OR DAMAGES, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. THE LIMITATIONS AND EXCLUSIONS DESCRIBED IN THIS PARAGRAPH SHALL APPLY TO ALL CLAIMS OF EVERY KIND, NATURE AND DESCRIPTION WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE OR OTHER TORT, AND WILL SURVIVE THE TERMINATION OF THIS AGREEMENT AND ALL OF THE COMPANY’S BUSINESS WITH US.

12.    INDEMNIFICATION. Except to the extent otherwise required by applicable law, in no event will we be liable for any claim against the Company, the Administrator, or any Authorized User by a third party, and the Company agree to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless of any third party claims for costs, damages, expenses (including reasonable attorney fees and costs), or liabilities arising out of or in connection with its use of TBO Business and the performance of the Cash Management Services, whether alone or in combination with any other product or service. Without limiting the foregoing, the Company acknowledges and agrees to assume the entire risk of and liability for corruption of any other software or malfunction of its computers or other devices used in connection with using the TBO Business and the Cash Management Services and agrees to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless from any loss, cost or expense (including reasonable attorney fees and costs) incurred by us arising out of your failure to comply with the provisions of Sections 9 and 13 of this Agreement. The Company further agrees to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless from any and all losses, liability, claims, demands, judgments and expenses, including reasonable attorney fees and costs, arising out of or in any way connected with the breach of this Agreement or the use, misuse, or inability to use TBO Business by the Company, the Administrator, any Authorized User, or any other person who has been intentionally or negligently permitted to access TBO Business on the Company’s behalf with a Company ID, Administrator User ID, or User ID and Password, or otherwise. The Company further agrees that we shall not be liable for and to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless from any and all losses, liability, claims, demands, judgments and expenses, including reasonable attorney fees and costs, arising out of or in any way connected with any actions we take or omit to take in good faith in reliance upon instructions from the Company, the Administrator, any Authorized User, or any other person has been intentionally or negligently permitted to access TBO Business on the Company’s behalf with a Company ID, Administrator User ID, or User ID and Password, or otherwise. The Company also agrees to hold us, our directors, officers, employees, agents, and Service Providers harmless for failing to act on your instructions as permitted under this Agreement or when we reasonably believe such instructions would cause us to be exposed to civil or criminal liability.

13.    COMPANY ID, USER IDS, AND PASSWORDS. The Bank will assign the Company a unique number (“Company ID”) to identify the Company.  The Administrator and each Authorized User must provide the Company ID each time they log into TBO Business. Company will designate an Administrator who shall be authorized to act on behalf of the Company.  The Bank will assign the Administrator, a unique Administrator ID (“Administrator User ID”) and a Password to enable the Administrator to be identified when using TBO Business. The Administrator User ID and Password is to be used solely for the designation and management of Authorized Users and their access to TBO Business.  The Administrator shall not use the Administrator User ID to transact business on any Enrolled Account.  If the Administrator is authorized to perform transactions on the Company’s behalf through TBO Business, the Administrator must designate itself as an Authorized User and create a separate User ID and Password for it to transact business in TBO Business.  The Bank shall in no way be responsible or liable for any business transacted in TBO by the Administrator using the Administrator User ID and Password.

a.    Advanced Login Authentication. The first time the Administrator logs in with the Administrator User ID, the Administrator will be required to change his/her Password to a new Password of his/her choice and use Advanced Login Authentication.  Advanced Login Authentication is a security feature used in TBO Business to help prevent fraudulent use of online banking credentials.  We will perform complex device profiling during log in to TBO Business to help detect indications of potentially fraudulent behavior.  If possible fraudulent behavior is detected, Out-of-Band Authentication may be required.  Out-of-Band Authentication allows a user to authenticate his/her identity through the use of a one-time security code we will send via either an automated voice call or a text message. The Company is responsible for providing a current phone number(s) to the Bank to use Out-of-Band Authentication and by so providing the Company expressly consents to our contacting its Administrator and any Authorized User via automated voice call or text message for this purpose.  We shall have no obligation to audit, check or verify any phone number before attempting to use this method of authentication. We do not charge a fee to send Out-of-Band Authentication messages, but message or data charges or rates may be imposed by the wireless carrier, for which the Company (or Administrator or Authorized User, as the case may be) shall be solely responsible. Failed Advanced Login Authentication may result in access to TBO Business being denied.  We reserve the right to discontinue use of Advance Login Authentication at any time. 

b.    The Administrator may create and configure Authorized Users with separate unique User IDs and Passwords who shall be authorized to transact business on behalf of the Company through TBO Business. The Administrator will be required to provide a current phone number for each Authorized User to use Out-of-Band Authentication.  The Administrator will create a User ID and temporary Password for each Authorized User.  Each Authorized User can be assigned different levels of access, by Account, and different levels of authority to utilize particular Cash Management Services. The Administrator shall be solely responsible for setting up Authorized Users and for granting appropriate access rights and authority.

c.    Each Password is unique to the Administrator User ID or User ID, as applicable, and is an identification code that is personal and confidential and is used to authenticate and validate directions to us. User IDs and Passwords should be confidentially maintained and provided only to Company's employees and representatives with a need to know the information, who should be trained to keep the information secure. The Company acknowledges and agrees that the use of any Administrator User ID or User ID and Password with TBO Business is a security method intended to identify Authorized Users and provide a commercially reasonable degree of protection in light of the Company’s particular needs and circumstances (“Security Procedure”).  The Administrator and each Authorized User are responsible for the safekeeping of all their own Administrator User IDs, User IDs, and Passwords. The Administrator and each Authorized User must not disclose any Password to any unauthorized person and must take all reasonable precautions to prevent all others from learning their Passwords.

d.    Any access to Company's Enrolled Accounts and all transactions made through TBO Business using an Administrator User ID or User ID and Password will be deemed authorized by Company. The Company is solely responsible for providing accurate transaction instructions. We are not responsible for confirming any transaction instructions or for monitoring or refusing to process any transactions based on such instructions. If an Authorized User gives us transaction instructions or information for a transaction that will result in the debiting of one of the Company’s Enrolled Accounts that is incorrect in any way, the Company agrees that we may charge the Enrolled Account whether or not the error could have been detected by us. We are not obligated to detect errors in any instructions. We shall not be liable for any action we take in good faith in reliance on the transaction instructions of any Authorized User. If we accept a request for a transfer of funds in good faith and execute it using the Administrator’s User ID and Password or the User ID and Password of an Authorized User, the Company will be obligated to pay us the amount of such funds transfer whether or not it was sent or authorized by the Administrator or an Authorized User.

e.    We will require the Administrator and Authorized Users to change their Passwords from time to time to enhance security. We strongly recommend any Password be changed if there is reason to believe the Password may have been compromised, including, without limitation, each time a previously Authorized User changes job functions or leaves employment. The Company, however, acknowledges and agrees that the security, integrity, and privacy of any and all information and transactions exchanged or processed through TBO Business cannot be guaranteed. The Company further acknowledges that we are not responsible for the failure of the Administrator or any Authorized User to safeguard the privacy of his/her Password. At a minimum, the Administrator and Authorized Users will be required to change their Passwords the first time they use TBO Business and when it has been 90 days or more since they last changed their Passwords. Passwords may not be reused.

f.    You will immediately report any loss or theft of a Password, Company ID, Administrator User ID, or User ID to us.

14.    ACCESS, TRANSFER, AND PAYMENT LIMITATIONS. The Administrator and any Authorized User will be denied access to TBO Business if they do not provide a valid Administrator User ID or User ID, as applicable, and Password. Access will be denied if the number of invalid attempts allowed is exceeded. Access may also be denied if the Administrator or any Authorized User fails Advanced Login Authentication.
Transfers and payments, including payments made through the Bill Payment Feature, ACH Origination Feature, and Wire Transfer Feature, are limited to the lesser of: (a) the amount of funds available for withdrawal in the applicable Enrolled Account(s) or for draws under established lines of credit, if any; or (b) the limits that you have requested, or we have imposed, for individual transactions, batches, and daily totals. The availability of funds in any Enrolled Account is subject to the availability schedule in the related account agreement. Transfers from any Enrolled Account that is an insured money market account cannot exceed six per month (including checks).

Internal transfers performed during any Business Day (as defined below) will process immediately. Transfers scheduled for a future date will be processed at 1:00 a.m. on the requested date if it is a Business Day, or at 1:00 a.m. on the next Business Day if the requested date falls on a Saturday, Sunday or Bank holiday. Our “Business Days” are Monday through Friday, excluding Bank holidays.

15.    CONTACTING US THROUGH E-MAIL. We may not immediately receive your e-mail communications, including without limitation, stop payment requests or communications regarding unauthorized transactions, and we will not take action based on e-mail communications until we actually receive your message and have a reasonable opportunity to act. If you need to contact us immediately regarding an unauthorized transaction or stop payment request, you may call us during regular business hours at 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181. See Sections 16 and 17 for additional information regarding unauthorized transactions.

16.    THE COMPANY’S LIABILITY FOR UNAUTHORIZED TRANSFERS. Tell us AT ONCE if you believe any Passwords have been lost, stolen, or used without the Company’s permission. Generally, telephoning is the best way of keeping your possible losses down. The Company could lose all the money in its Enrolled Accounts (plus the maximum amount available under established lines of credit, if any, accessible through any Enrolled Account that is a checking account). The Company is responsible for all transactions made through TBO Business regardless of whether the person initiating the transaction was authorized to do so. The Company agrees to cooperate with us in the investigation of any claim or dispute and provide us with the necessary information to assist us in resolving the claim or dispute.

17.    WHAT TO DO IN CASE OF ERRORS OR QUESTIONS. The Company must telephone us or write us at the number and address shown in Section 18 as soon as it can if it thinks its statement is wrong or if it needs more information about a transaction listed on the statement. We must hear from the Company no later than 10 days after we sent the FIRST statement on which the problem or error appeared.

•    Tell us the Company’s name and account number (if any).
•    Describe the error or the transaction the Company is unsure about, and clearly explain why the Company believes there is an error or why more information is needed.
•    Tell us the dollar amount of the suspected error.

In the case of an error or otherwise irregular transfer of funds, we may, but will not be obligated to, on our own initiative, request the transferee to return the funds previously transferred on the Company’s behalf.

Requests by the Company to cancel or revoke prior instructions must be timely given and we make no representation as to our ability to revoke or cancel a transfer once made.
The Company will supply us with any information that we may reasonably request, including but not limited to, money amounts, accounts affected, date of transfer, supplemental instructions, and further evidence of any person's authority to transfer funds or to do any other act contemplated under this Agreement.

We may elect not to act upon a transfer request for any reason, including for your protection, if we are unable to obtain proper verification of such request satisfactory to us, or if there is any inconsistency between a transfer request and information previously supplied to us, or if such request is not initiated in accordance with our security procedures. We will notify you of our election not to transfer funds.

18.    HOW TO NOTIFY US. If the Company believes there has been an unauthorized transaction or transfer on any Enrolled Account or that any Password has been lost, misused, or stolen, or that someone has transferred or may transfer money from any Enrolled Account without permission, call us during regular business hours at 1-888-8CAPFED (1-888-822-7333), visit any of branch locations, or write us at 700 S. Kansas Avenue, Topeka, KS 66603.

19.    DAYS AND HOURS OF OPERATION FOR TBO BUSINESS. Generally you can access Enrolled Accounts and Cash Management Services through TBO Business 7 days a week, 24 hours a day.  We process transactions and update information only on Business Days, with the exception of payments through the ACH Origination Feature or the Wire Transfer Origination Feature, which are processed and updated only on Business Days that the relevant third parties are also open for business (“ACH Business Days” or “Funds Transfer Business Days,” respectively). Any transaction(s), including scheduled payments, to be made on a day that is not a Business Day, Bill Payment Business Day, ACH Business Day, or Funds Transfer Business Day as applicable, will be credited, completed, or made on the next Business Day, Bill Payment Business Day, ACH Business Day, or Funds Transfer Business Day, as applicable. We will use commercially reasonable efforts to act upon transfers on the Business Day, ACH Business Day, or Funds Transfer Business Day that such transfer is received by us, provided that the request is received prior to the deadlines that may be established by us from time to time in our sole discretion.  At certain times TBO Business may not be available due to nightly processing, during system maintenance, or circumstances beyond our control.  You understand that use of TBO Business and the Cash Management Services is dependent of Internet connectivity, and that you are responsible for trouble shooting Internet connectivity issues.  You agree that we are in no way liable for the unavailability of TBO Business or any of the Cash Management Services for any reason and that you are solely responsible for establishing alternative methods of accessing Enrolled Accounts in the event TBO Business is not available.

20.    FEES RELATED TO CASH MANAGEMENT SERVICES. There is a $10 monthly minimum fee for using TBO Business.  Additionally, there are service and transaction fees associated with certain Cash Management Services, which are set forth on the Service Charge Schedule or applicable Cash Management Agreement.  Other fees may be disclosed to you at the time you initiate certain transactions through TBO Business.  All fees associated with a particular transaction or Cash Management Service will be deducted from the Enrolled Accounts unless other arrangements are made in advance. 

21.    a. OTHER CHARGES. The Company is solely responsible for any and all telephone and mobile charges and Internet service fees that may be assessed by its telephone, mobile, and Internet service providers when the Company uses TBO Business and the Cash Management Services.     

b. ELIGIBLE ACCOUNT FEE CHARGES.  The fees that have been disclosed to you in connection with any Enrolled Account will continue to apply.

22.    SETOFF.  If the Company ever owes us money for any reason under this Agreement, we have the right under the law (called “setoff”) to use the money from any of your Enrolled Accounts to pay the debt as well as any cost or expense, including, without limitation and to the extent permitted by law, our attorney fees and court costs, incurred by us in enforcing our rights. We may exercise this right of setoff at any time, without prior notice to the Company. We will not be liable to the Company if our setoff from an Enrolled Account leaves insufficient funds to cover outstanding items. The Company agrees to hold us, our directors, officers, employees, and agents, harmless from any claim arising as a result of the exercise of our right of setoff.

23.    TERMINATION, SUSPENSION, AND CANCELLATION. Unless otherwise required by law, we may terminate or suspend your access to TBO Business and the Cash Management Services at any time without notice. We may reinstate such access in our sole discretion. The Company may cancel its access to TBO Business and the Cash Management Services at any time by sending us a message through TBO Business Contact Us; calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181; or writing Capitol Federal Savings Bank, 700 S. Kansas Avenue, Topeka, KS 66603. We shall have a reasonable time to process any cancellation request. The date we terminate, suspend, or cancel the Company’s access to TBO Business or any Cash Management Service shall be considered the “Termination Date.”  The termination, suspension, or cancellation of your access to TBO Business and the Cash Management Services will not close any of your Enrolled Accounts.

24.    ALTERATIONS AND AMENDMENTS. Unless otherwise required by law, we may, from time to time, change, update, or discontinue the Cash Management Services or introduce new Cash Management Services without advance notice to you. We may also amend this Agreement and any related fees and charges from time to time and at any time without advance notice to you unless required by law. Your continued use of TBO Business and any of the Cash Management Services following any such change shall constitute your consent to such alterations and amendments.

25.    ASSIGNMENT. The Company may not assign this Agreement or any of its rights and obligations under it to any other person. We may assign this Agreement and our interest in it to any third party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to Service Providers or other third parties. This Agreement is binding upon, and inures to the benefit of, the parties and any permitted successors or assigns.

26.    GOVERNING LAW AND VENUE. Except to the extent federal law controls, this Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of law provisions. If any terms of this Agreement are found to be in violation of, or restricted by, applicable laws, those terms will be construed to conform to such law, but the rest of this Agreement will not be affected by such laws, and will remain in full force and effect. The Company agrees that any claim or dispute arising out of or related to this Agreement must be brought in a court of competent jurisdiction located in Topeka, Shawnee County, Kansas. The Company further agrees to submit to the personal jurisdiction of such a court for the purpose of litigating all such claims or disputes.

27.    JURY TRIAL WAIVER. YOU AND WE ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY, AND EXPRESSLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, TBO BUSINESS, OR THE CASH MANAGEMENT SERVICES.

28.    LIMITATION ON TIME TO SUE. Any action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to the Company’s access of and use of TBO Business or the Cash Management Services must be commenced within one year after the cause of action accrues, to the extent permitted by applicable law.

29.    ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreement. If there is a conflict between this Agreement and a statement made by us or a Service Provider, the terms of this Agreement shall prevail.

30.    NO WAIVER. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No course of dealing, delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver by us of such rights or remedies or any other right or remedy. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

31.    CONTACT AND ACCOUNT INFORMATION. It is the Company’s sole responsibility to ensure that its contact information for TBO Business and the Cash Management Services, including without limitation name, address, phone numbers, and email addresses, is current and accurate. The Company is also responsible for providing us with any changes regarding its Enrolled Accounts. Such information can be updated on TBO Business or by contacting us by (1) sending us a TBO Business Contact Us message; (2) calling us at 1-888-8CAPFED (1-888-822-7333); or (3) writing us at 700 S. Kansas Ave., Topeka, KS 66603. We are not responsible for any payment, transaction, processing, or other errors that occur as a result of the Company’s failure to provide current and accurate contact or account information.

32.    HEADINGS. Provision headings are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

33.    SURVIVAL. The provisions of this Agreement regarding indemnification, limitations on liability, disclaimers, and governing law shall survive the termination of this Agreement.

34.    LINKS AND FRAMES. Links to other websites may be provided on the Website for convenience. By providing these links, we are not endorsing, sponsoring or recommending such websites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other website, and make no representations concerning the content of these websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites listed in any search results or otherwise linked to the Website. For example, if a user "clicks" on a banner advertisement or a search result, the "click" may take you off the Website. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Website may send cookies to users that we do not control. The Company may link to the home page of the Website. However, it may not link to other pages of our Website without our express written permission. It also may not "frame" material on our Website without our express written permission. We reserve the right to disable links from any third-party websites to the Website.

35.    INTELLECTUAL PROPERTY. All marks and logos related to TBO Business and the Cash Management Services are the sole property of us or our Service Providers. Unless otherwise required by law, the Company, Administrator, or any Authorized User may not use any such intellectual property without our or our Service Providers’ express written consent.

36.    True Blue Online® Bill Payments Service

a.    Introduction. The terms and conditions set forth in this Section 36 of the Agreement apply only to the TBO Business Bill Payments Feature (“Bill Payments”). The Company can enroll in Bill Payments by selecting Bill Payments on the Cash Management Enrollment Form.  If the Company has not enrolled in Bill Payments, this Section does not apply.

b.    Bill Payments Definitions. Any definitions set forth in this Section 36 of the Agreement, including those in this Section 36.b apply only to Bill Payments.

i.    "Biller" is the person or entity to which the Company wishes a bill payment to be directed or the person or entity from which the Company receives electronic bills, as the case may be.
ii.    “Deliver By Date” is the approximate date the scheduled payment is due to deliver to the Biller and is defined by the method of payment, electronic or electronic check.
iii.    "Due Date" is the date reflected on the Company’s Biller statement for which the payment is due; it is not the late date or grace period.
iv.    "Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including without limitation stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
v.    "Payment Account" is the Enrolled Account, which must be a checking account, from which bill payments will be debited.
vi.    "Payment Instruction" is the information provided by the Company for a payment to be made to the Biller, including without limitation, Biller name, Biller account number, Scheduled Payment Date, and amount.
vii.    "Scheduled Payment" is a payment that has been scheduled through Bill Payments but has not begun processing.
viii.    "Scheduled Payment Date" is the date the Company designates for the Biller to receive a payment, unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the most recent Business Day preceding such date.
ix.    “Send On Date” is the date the payment will be debited from your Payment Account.

c.    Description of Bill Payments. Bill Payments enables the Company to receive electronic bills from and schedule payments to Billers. By using Bill Payments, the Company authorize us to process payments and other transactions it requests from time to time through Bill Payments. The Company further authorize us to debit its Payment Account in accordance with this Agreement.

d.    Payment Method and Transaction Limits. We may, in our sole discretion, select the method by which to remit funds on the Company’s behalf to a Biller and the method to return funds to the Payment Account in the event that a payment cannot be completed. These payment methods may include, without limitation, an electronic payment or an electronic to check payment. You may not schedule a single bill payment that exceeds $10,000.00 or payments totaling $100,000.00 daily.

e.    Cut-Off Time. The cut-off time for processing payment requests each Business Day is 9:00 p.m. Central Time. Payment requests received after the cut-off time will be processed the next Business Day.

f.    eBill Delivery and Presentment.

i.    eBill is for the presentment of electronic bills for payment only and it is the Company’s sole responsibility to contact a Biller directly if the Company does not receive a bill through eBills. This Agreement does not alter the Company’s liability or obligations that currently exist between it and its Billers.
ii.    The Company is solely responsible for providing contact information, including without limitation its name, address, phone number, and email address, directly to its Billers and for maintaining all user IDs and passwords for those Billers’ websites. We may also provide such contact information specifically requested from us by a Biller.
iii.    We may notify a Biller of the Company’s request to receive electronic bills. The Biller shall have the right to accept or deny such request. The Company’s ability to continue to receive paper copies of bills shall be solely at the discretion of the Biller. The presentment of the Company’s first electronic bill may vary from Biller to Biller and may take 1-2 billing cycles, subject to the billing cycle of the Biller. It is the Company’s sole responsibility to keep its accounts current while its electronic bills are being activated and we shall not be liable in any way for the Company’s failure to do so.
iv.    By requesting to receive electronic bills from a Biller through eBills, the Company authorizes us to obtain bill data from the Biller on its behalf. If the Company is asked to provide us with a user ID and password for a Biller and the Company provides us with such information, the Company authorizes us to use the information to obtain its bill data.
v.    We will use our best efforts to present electronic bills on time and in the correct amount. The Company is solely responsible for timely payment of all bills. We may send alerts or other notifications regarding the status of electronic bills, but the Company’s Authorized Users should periodically log into TBO Business to check the status.
vi.    The Company or the Biller may cancel the presentment of an electronic bill at any time. The timeframe for cancelling the presentment of an electronic bill varies from Biller to Biller, and may take 1-2 billing cycles, subject to the billing cycle of the Biller. If the Company cancels the presentment of an electronic bill, we will notify the Biller that the status has changed, but it is the Company’s sole responsibility to arrange an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
vii.    We shall not be liable for any Biller’s failure to deliver an electronic bill to the Company or for any Biller’s failure to provide sufficient information for us to deliver any payment to it.
viii.    The Company is solely responsible for the accuracy of its electronic bills. The Company must address any discrepancies or disputes regarding the accuracy of any electronic bill directly with the Biller.
ix.    We may delete any dormant Billers that the Company has not sent a payment to for a least six months.

g.    Payment Scheduling. When the Company schedules a payment, the earliest possible Send On Date for each Biller with a Deliver By Date will be displayed within Bill Payments. Bill Payments will not permit the Company to select a Send On Date before the earliest possible Send On Date designated for each Biller. When scheduling a payment, the Company must select a Send On Date and corresponding Deliver By Date that are no later than the actual Due Date reflected on the bill. If the Due Date falls on a non-Business Day, then the Company must select a Send On Date and corresponding Deliver By Date that are no later than the last Business Day preceding the Due Date reflected on the bill. Send On Dates must precede any late date or grace period reflected on the electronic bill.

h.    Communications with Biller. The Company agrees that we may obtain financial information regarding its account from a Biller or another financial institution to, for example, resolve payment posting problems or verify payment information. The Company further agrees that we may discuss any payment with a Biller and provide the Biller information necessary to resolve payment posting problems, verify payment information, or otherwise ensure your payment is applied as directed. The Company agrees to provide information necessary upon request to assist in resolving payment posting problems or verifying payment information.

i.    Late Payment Fees and Charges. We will bear responsibility for any late payment fees or charges up to $50.00 if a payment posts after its Due Date only if we fail to send the payment as scheduled or provide incorrect information required to complete the payment to the Biller. In no event will we be liable for any late payment fees or charges for Exception Payments or payments that are prohibited under this Agreement or for any late payment fees or charges assessed due to insufficient funds in your Payment Account. The Company shall be solely responsible for any late payment fees or charges related to US mail or overnight carrier delays, delays by the Biller, or errors in its Payment Instructions, including without limitation providing incorrect information to complete the payment or failing to schedule the payment in time for the Biller to receive it by the Due Date.

j.    Prohibited Payments. Bill Payments prohibits payments to Billers outside of the United States or its territories. Bill Payments further prohibits payments that violate any law, statute, ordinance or regulation, payments to unlawful internet gambling sites, payments to or at the direction of government agencies, organizations and institutions, and payments made in response to a court-directed payment plan. We may, but are not obligated to, block or reverse any payment prohibited under this Agreement, and we will not be liable for any losses associated with blocking or reversing such payments. In no event shall we be liable for any claims or damages resulting from or in connection with the Company’s scheduling any prohibited payment. We have no obligation to research or resolve any claim resulting from or in connection with a prohibited payment. The Company shall be solely responsible for resolving any claims or issues arising out of or related to any misapplied, misposted, or misdirected prohibited payment.

k.    Exception Payments. Exception Payments may be scheduled through Bill Payments. However Exception Payments are discouraged and the Company assumes all risk for scheduling such payments. In no event shall we be liable for any claims or damages resulting from or in connection with your scheduling any Exception Payment. We have no obligation to research or resolve any claim resulting from or in connection with an Exception Payment. The Company shall be solely responsible for resolving any claims or issues arising out of or related to any misapplied, misposted, or misdirected Exception Payment.

l.    Payment Authorization and Payment Remittance. By providing us with names and account information of Billers to whom the Company wishes to direct payments, the Company authorize us to follow the Payment Instructions that we receive from it through Bill Payments. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller directives. Payment Instructions that (1) are not in compliance with this Agreement; (2) contain erroneous or incomplete information regarding the payment; (3) are not accepted by the Biller; or (4) are suspected of being fraudulent or otherwise illegal will not be processed. When we receive a Payment Instruction, the Company authorizes us to remit funds on its behalf on the Send On Date so that the funds arrive as close as reasonably possible to the Deliver By Date. Funds will be debited from the Company’s Payment Account on the Send On Date regardless of payment method we select to remit funds to the Biller. The Company also authorizes us to credit its Payment Account for payments returned to us by the United States Postal Service or Biller, or payments remitted to the Company on behalf of another authorized user of Bill Payments.

m.    Accuracy of Payment Instructions. The Company is solely responsible for providing timely and accurate Payment Instructions. If the Company gives us a Payment Instruction that is incorrect in any way, the Company agrees that we may debit its account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in any Payment Instructions. If the Company notifies us that a Payment Instruction is inaccurate, we will make a reasonable effort to correct it, but we do not guarantee such correction and will bear no responsibility for losses resulting from an incorrect Payment Instruction. We shall not be liable for any action we take in reliance on Payment Instructions from the Company.

n.    Payment Cancellation Requests. The Company may cancel or edit any Scheduled Payment, including recurring payments, by following the directions within Bill Payments. There is no charge for cancelling or editing a Scheduled Payment. Once we have begun processing a payment it cannot be cancelled or edited, but the Company may submit a stop payment order.

o.    Stop Payment Orders. Our ability to process a stop payment order will depend on the payment method and whether or not an electronic check has cleared. We may not have a reasonable opportunity to act on any stop payment order after a payment begins processing. If the Company desires to stop any payment that has already begun processing, an Authorized User must contact us by sending us a message through TBO Business Contact Us or calling 1-888-8CAPFED (1-888-822-7333) or, for hearing disabled customers, TTY service 785-270-6181. An oral stop payment order is binding on us only for 14 days unless confirmed in writing within this period. A written stop payment will remain in effect in accordance with the stop payment provisions in the Uniform Commercial Code or NACHA Rules, as applicable to the transaction. The charge for each stop payment order will be the current charge for such service as set out in the Service Charge Schedule for the Company’s Payment Account.

p.    Insufficient Funds in Payment Account. We will not be obligated to make a payment through Bill Payments unless the Payment Account has sufficient available funds to debit the Payment Account at the close of business on the Send On Date.

q.    Failed Payments. In using Bill Payments, the Company is requesting that we make payments for it from its Payment Account. If we are unable to complete a payment for any reason associated with the Company’s Payment Account, the payment will not be made. In the event we are unable to complete a payment for any reason, the Company shall be solely responsible for making alternate payment arrangements or resubmitting the payment through TBO. We will not be liable if a payment cannot be completed because there are insufficient available funds or credit availability in the Payment Account; a legal order directs us to prohibit withdrawals from the Payment Account; the Payment Account is closed or frozen; or any part of the electronic funds transfer system is not working properly.

r.    Returned Payments. The Company understands that Billers, the United States Postal Service or other courier service may return payments to us for various reasons. We will use reasonable efforts to research and correct any returned payment and either return it to the Biller or void the payment and credit the Company’s Payment Account. When required, we will notify the Company of any returned payment. The Company shall be solely responsible for any stop payment fees incurred as a result of a returned payment.

s.    Refused Payments. We reserve the right to refuse to pay any Biller to whom the Company may direct a payment. We will notify the Company promptly if we exercise our right to refuse to pay a designated Biller; however, no such notification shall be provided if the Company attempts to make an Exception Payment of other payment prohibited by this Agreement.

t.    Reimbursement. The Company agrees that if we or any of our Service Providers properly execute a payment but are unable to retrieve funds from the payee or the Company receives the benefit of such payment, we may seek reimbursement from the Company. In such a case, the Company authorizes us to debit the amount of the payment and any related fees from its Payment Account.

u.    Termination, Suspension, or Cancellation of Bill Payments. If the Company’s access to TBO Business or Bill Payments is terminated, suspended, or cancelled, any payment we have already begun processing on or before the Termination Date will be completed by us. All scheduled payments including recurring payments will not be processed beginning on the Termination Date. If the Company cancels its access to TBO Business or Bill Payments, we recommend that the Company cancel any scheduled payments before cancelling the service.