Business Solutions

Web Site Terms And Conditions


Web Site Terms and Conditions
The following Terms and Conditions govern the use of this web site, an electronic service that permits you to apply for credit and obtain information about credit offered by Capital One, N.A. In the following Terms and Conditions, "Capital One" refers to Capital One, N.A.

Copyright and Other Intellectual Property: Capital One, or its affiliated companies or subsidiaries (collectively "Capital One and/or its Affiliates") maintains this web site and certain other web sites that are linked to this site, and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within these web sites. The materials contained within these web sites, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Capital One and/or its Affiliates also own a copyright in the selection, coordination and arrangement of the material contained within these web sites. The material contained within these web sites is provided by Capital One and/or its Affiliates only for lawful uses by customers, employees, and members of the general public. The material may not be copied, republished, incorporated into another web site or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Capital One.

Limited Liability: NEITHER CAPITAL ONE, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE INFORMATION AT THIS SITE, NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF ANY OF THE FOREGOING, ARE LIABLE IN ANY WAY FOR ANY DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE USE OF THIS SITE OR A LINKED SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR A LINKED SITE, WHETHER OR NOT CAPITAL ONE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, TROJAN HORSES OR HARMFUL CODE THAT MAY AFFECT A USER'S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THIS SITE'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. CAPITAL ONE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR A LINKED SITE. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THE LINKED SITES ARE NOT INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY CAPITAL ONE. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CAPITAL ONE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. CAPITAL ONE MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

NO WARRANTIES: NO WARRANTIES: ALL PRODUCTS, SERVICES AND CONTENT ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. NEITHER CAPITAL ONE NOR ITS PARENT, AFFILIATES OR SUBSIDIARIES ENDORSES AND NONE ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THIS SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THIS SITE. CAPITAL ONE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.

USER AGREES TO INDEMNIFY, DEFEND, AND HOLD CAPITAL ONE HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO A USER'S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS SITE.

Links: Clicking on certain links within this web site or certain other web sites that are linked to this web site may take you to other web sites, or may display information on your computer screen from other web sites, which are not maintained by Capital One. Such web sites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to this web site. Links to other Internet services and web sites are provided solely for the convenience of users. A link to any service or web site is not an endorsement of any kind of the service or web site, its content, or its sponsoring organization.

CAPITAL ONE AND ITS CORPORATE PARENTS, AFFILIATES, AND SUBSIDIARIES ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE CONTENT, ACCURACY, RELIABILITY OR OPINIONS EXPRESSED IN A WEB SITE, TO WHICH THIS SITE IS LINKED (A "LINKED SITE") AND SUCH LINKED SITES ARE NOT MONITORED, INVESTIGATED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY CAPITAL ONE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON A LINKED SITE. ALL PRODUCTS, SERVICES AND CONTENT OBTAINED FROM A LINKED SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

Children: Capital One does not knowingly market to, or solicit, or collect personal information from children under age 18.

Confidentiality of Information:Capital One has taken reasonable steps to ensure the confidentiality of information taken at this web site and transmitted via the Internet. Capital One uses Secure Socket Layer (SSL) technology. During an SSL session, data passed back and forth between your computer and the Capital One online card server is secured by using public key cryptography. Your computer exchanges key information with Capital One computers to create a private conversation that only your computer and Capital One's system can understand. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

Information and Cookies: Capital One may collect and receive the URL you came from, the pages of Capital One's web site that were viewed during a visit, the advertisements you clicked, any search terms that you entered to reach our site, and certain other information regarding your Internet use. See Capital One's Privacy Statement for how this information may be used. Some of Capital One's web sites may also make use of "cookie" technology to measure site activity, determine how you arrived at our site and maintain your identity as you navigate through the web site. Capital One's web sites require cookies to allow you to view your statements and transactions online. A cookie is an element of data that a web site can send to your browser, which may then store the cookie on your hard drive. Cookies make visiting a web site easier for you by saving your preferences while you are at the site. The use of cookies is an industry standard and you will find them at many web sites. Capital One may use the information from cookies to provide services that are customized to your needs.

Choice of Law: All web site activity or use and these Terms and Conditions are governed by the laws of the United States of America and the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

Web Site Content and Material: The information and materials contained in this web site, including but not limited to these Terms and Conditions and any product information, are subject to change without notice. Users are deemed to be apprised of and bound by any such changes. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by Capital One.

Waiver and Severability: Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Access to Secured Areas: Access to and use of password protected and/or secure areas of this web site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the web site may be subject to prosecution.

Updates: These Terms and Conditions were last updated April 2, 2012. Please check periodically for changes.

Terms and Conditions
NOTE: All references to the Service reflect the Online Payment Service offered by Business Solutions.

ELECTRONIC PAYMENT SERVICE

As used in these Terms and Conditions (the "Agreement"), the term "Payee" means Business Solutions to whom you wish an electronic payment to be directed; "Payment Instruction" means the information provided by you to the Service for an electronic payment to be applied to the Payee (such as, but not limited to, Payee Name, Payee account number, and payment date); "Payment Account" means your checking or money market account from which all electronic payments will be made; "Business Day" means Monday through Friday, excluding Federal Reserve Holidays; "Scheduled Payment Date" means the Business Day of your choice upon which your electronic payment will be applied and your Payment Account will be debited (a Scheduled Payment Date of a non-Business Day will be considered to be the previous Business Day); and, "Cutoff Time" means 1:00 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.

By providing the Service with the account information of the Payee to whom you wish to direct payment, you authorize the Service to follow the Payment Instructions that it receives through the payment system. When the Service receives a Payment Instruction, you authorize the Service to debit you Payment Account and remit funds on your behalf so that the funds arrive as close to the Business Day designated by you as reasonably as possible.

While it is anticipated that most transactions will be processed on (1) Business Day before your selected Scheduled Payment Date, it is understood that due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by the Payee or Payee's agent, some transactions may take a day or even a few days longer to be credited by your Payee to your Payee account. For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than two (2) Business Days before the actual due date, not the late date and/or a date in the grace period. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day. If you properly follow the procedures described herein, and the Service fails to send a payment according to the Payment Instructions received, the Service will bear responsibility for late charges ($50.00 maximum). In any other event, including, but not limited to, choosing a Scheduled Payment Date less than two (2) Business Days before the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

The Service will use its best efforts to apply all your payments properly. However, the Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
1. The financial institution holding your Payment Account refuses or is otherwise unable to honor a debit that has been originated by you through the Service and returns that transaction to Business Solutions unpaid, regardless of return reason;
2. The electronic payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. The Payee mishandles or delays a payment sent by the Service;
4. You have not provided the Service with the correct account information for the Payee; or,
5. Circumstances beyond the Service's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing five (5) exceptions are applicable, if the Service caused an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to the Payee in a manner not consistent with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account and for directing to the Payee any previously misdirected transactions.

EXCLUSIONS OF WARRANTIES
THE SERVICE AND REALTED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY
You agree not to give or make available your electronic payment password or other means to access your account to any unauthorized individuals. You are responsible for all electronic payments you authorize using the Service. If you permit other persons to use the Service or your electronic payment password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your electronic payment password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling the Customer Service number provided within the application during normal customer service hours.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your electronic payment password or other means to access your account has been lost or stolen, any electronic payment sent without your authorization will be refunded to your Payment Account by the Payee and related credits to you Payee account will be reversed by the Payee. If your monthly Payment Account statement contains Electronic Payment transfers that you did not make, tell at once. If you do not tell us within sixty (60) days after the statement was mailed to you, we may not be required to reverse any amount transferred without your authorization.

ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible:

Write to:
Business Solutions
P.O. Box 17698
Baltimore, MD 21297-1698

If you think that your statement is wrong or you need more information about a transaction listed on the statement, we must hear from you no later that sixty (60) days after you received the FIRST statement on which the problem or error appeared. You must:
1. Tell us your name and Service account number:
2. Describe the error or the transaction 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,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. 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 forty-five (45) days to investigate the complaint or question. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If we decide there was no error, we will mail you a written explanation within three (3) Business Days after we finish the investigation. You may ask for copies of documents that we used in our investigation. The Service may revoke any provisional credit provided to you if we find that an error did not occur.

CHARGES
You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider when accessing the Online Payment Service. You are also responsible for any fees associated with your payment account.

IN THE EVENT A SERVICE TRANSACTION IS RETURNED
In using the Service, you are requesting the system to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are not sufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In such case, you agree that:
1. The Payee may, at its discretion, assess a returned item fee to you either directly or via an adjustment to your account with the Payee.
2. The Service is authorized to report the facts concerning the return to a credit reporting agency.

ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any user of the Service after the Service provides notice of change will constitute your agreement to such change(s). Further, the Service may from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to the Service's more recent revisions and updates.

ADDRESS OR BANKING CHANGES
You agree to promptly notify in writing or via Online Customer Care the Customer Service Department of any address change. Additionally, you agree to notify the Customer Service Department in writing or via Online Customer Care at least ten (10) Business Days in advance of any change in your Payment Account.

TERMINATION OR DISCONTIUATION
In the event you wish to discontinue the Service, you contact the Customer Service Department in writing or via Online Customer Care. Such notice of service discontinuation must be supplied ten (10) days prior to the actual discontinuation date and must be sent to the Customer Service address provided within the application. You are responsible for canceling any and all pending payments within the Service. Failure to do so will constitute acceptance of these Terms and Conditions for those payments. The Service may terminate service to you at any time. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from the Payee or financial institution to resolve payment-posting problems.

DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under the Agreement to independent contractors or other third parties.

NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Website TNC-09 (05/01/12)