Bill Pay Terms & Conditions
Effective September 2023

The following terms and conditions shall apply to the use of online internet bill payment services ("Service") available through an eligible E*TRADE from Morgan Stanley account, held at Morgan Stanley Smith Barney LLC (“MSSB”) (each, a “Brokerage” account), or an eligible Morgan Stanley Private Bank, National Association ("Bank" account) (the term "Account" in this document applies to both Brokerage accounts and Bank accounts). MSSB and Morgan Stanley Private Bank reserve the right to modify these terms and conditions at any time, effective upon publication. Use of the Service constitutes agreement to these terms and conditions and any later modifications. If these terms and conditions conflict with any provisions in our other agreements with you, these terms and conditions will control in connection with your use of the Service.

Please print a copy for your records.

Terminology. The terms "we," "our," or "us" refer to MSSB or Morgan Stanley Private Bank. The terms "you," "your," or "I" refer to each owner of a Brokerage or Bank Account. The term "Service Provider" refers to Fiserv, Inc. and any other entity that we have or may engage to render some or all of the Service to you on our behalf. The term "Site" refers to our online brokerage and banking site or mobile applications. The term "Payment Instruction" refers to the information provided for a payment to be made under the Service. "Eligible Transaction Account" is a Brokerage or Bank account from which your payments will be debited.

To enroll in Bill Pay, the customer must have one of the following accounts:

  • Any Morgan Stanley Private Bank Checking account
  • E*TRADE Complete Investment Account

The customer must have a domestic address listed for the account. International addresses are not eligible for Bill Pay.

Ineligible Bank accounts are as follows:

  • Premium Savings
  • Complete Savings
  • Money Market

For Brokerage customers to enroll in Bill Pay, the customer must have one of the following accounts:

  • Individual
  • Joint (Tenants by Entirety, Tenants in Common, Tenants with Right of Survivorship)
  • Custodial
  • Community Property
  • Corporation
  • Retirement - Customers 59½ or older
  • Sole Proprietorship/Proprietary Account
  • Trust
  • Foreign Accounts with Domestic Legal address only (Individual, Joint/JTWROS, Trust)

For Brokerage accounts, ineligible accounts are as follows:

  • Foreign Individual1
  • Foreign Joint (Tenants by Entirety, Tenants in Common, Tenants with Rights of Survivorship)1
  • Global Trading
  • Broker/Dealer Firm
  • Delivery Vs. Payment
  • Executors/Administrator
  • Educational Savings/Coverdell
  • Foreign Corporation1
  • Foreign Non-Profit1
  • Foreign Partnership, LLC/LLP1
  • Foreign Trust1
  • Guardian/Conservator
  • Individual 401K
  • Investment Club
  • Money Purchase Plan
  • Mutual Fund
  • Non-Profit
  • Investment-Only Retirement Plan2
  • Partnership, LLC, LLP
  • Pension Profit Sharing Plan
  • Retirement Account - Customers younger than 59½

Footnotes:

  1. Foreign accounts for the purposes of eligibility to Bill Pay (Fiserv) are accounts that are domiciled outside of the US, and accounts that do not have a SSN/TAX ID.
  2. The Plan Administrator must submit a notarized letter of authorization ("NLOA") authorizing the account to have check writing ability, as this is a requirement for any distributions from an Investment-Only Retirement Plan.

Online Bill Payments. This Service allows you to make payments to others from your designated Account with us. If you link more than one Account to the Service, you must specify which Account you wish to use in making payments. We may refuse to allow bill payments from an Account that requires more than one signature for withdrawals.

Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under these terms and conditions to delegate to Service Providers all of the rights and performance obligations that we have under these terms and conditions, and that the Service Providers will be third party beneficiaries to these terms and conditions and will be entitled to all the rights and protections that these terms and conditions provide to us.

Amendments. We may amend these terms and conditions and any applicable fees and charges for the Service at any time by posting a revised version on etrade.com, or emailing it to an email address that you have provided us. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of these terms and conditions on etrade.com will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or materials, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate these terms and conditions as to all such prior versions of the Service, and/or related applications and materials and limit access to only the Service's more recent versions, updates, upgrades or enhancements.

Product Use. You agree to follow the bill pay instructions provided on etrade.com.

Eligible Payees. You can only designate payees with United States addresses. We reserve the right to determine who may be an appropriate payee. (A payee, an entity or person that receives a payment from you, is referred to as a "Biller" on our website and as a Payee or Biller herein).

Enrollment. Use of the Service is optional. At the time of enrollment, all eligible Accounts associated with the same User ID will automatically be enrolled. To enroll in the Service, you must select a default Eligible Transaction Account and accept these terms and conditions.

Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting etrade.com or Service, or interfere or attempt to interfere, with etrade.com or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors.

Restrictions. The following restrictions apply to your use of the Service:

You are restricted to a maximum daily transaction limit of $99,999.00 per payee, per bill payment. Your limit may be adjusted from time-to-time at our discretion.

The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel, and/or reverse such payments:

  • Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States);
  • Payments that violate any law, statute, ordinance or regulation;
  • Payments that violate the Acceptable Use terms in these terms and conditions;
  • Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
  • Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
  • Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
  • Tax payments and court ordered payments, including, but not limited to, alimony and child support.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, misposted or misdirected prohibited payments will be your sole responsibility and not ours.

Program Limitations. First time online bill payments may be disbursed in the form of a paper check. Subsequent payments may be sent electronically if the payee is able to receive electronic payments. If the Service is not used for a period of 90 days, it may be automatically disabled in our sole discretion, without prior notice.

Scheduling Online Bill Payments. You may select any business day as the date on which your payment is to be sent to the payee, the "send on date." You are responsible for scheduling your payments according to the defined lead time for each payee to ensure that payments are made in a timely manner. The Service will provide a calendar that will give you the proper lead time based on each individual payee and the type of payment being sent. The Service will not allow you to select a payment date which is less than the earliest possible payment date designated for each Payee. Payees that accept electronic payments require a lead time of at least three (3) business days prior to the payment due date. Payees that require payments by paper check require a lead time of at least five (5) business days prior to the payment. The Service does not permit you to make specific requests regarding the method of payment and payments may be made electronically or by paper check in the sole discretion of the Service.

You are solely responsible for any and all costs and damages, such as late payment fees, that may be imposed by a payee as a result of a late payment. We will be responsible only for initiating and transmitting your payment, electronically or by check, on the send on date. Payments scheduled to be sent on a non-business day will be processed on the following business day.

Payment Authorization and Payment Remittance. By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through etrade.com. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. 

You also authorize the Service to credit your Eligible Transaction Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in the Amendments Section of these terms and conditions) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

a. If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

b. The 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;

c. You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Payee; and/or,

d. Circumstances beyond control of the Service (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 exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

Payment Methods and Amounts. There are limits on the amount of money (or, as applicable in some cases, gift card value) you can send or receive through our Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to etrade.com to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic or paper check or draft payment.

Initiating Payments. To initiate a payment, you must specify the entity or person you are paying, the payment date, and the amount to be paid. The first time you request a payment to be made to a Payee, you must select the Eligible Transaction Account which the payment is to be made from. You must also specify the Payee's address and/or the account (which may include the account number) for which the payment is to be made. We may modify the Payee address to accommodate special processing requirements. Once you enter your payment request, you must transmit it to us via the Service. By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through etrade.com. Your payment may be made to the Payee either by transferring the funds electronically, or by mailing or otherwise delivering a paper check to the Payee.

It is your responsibility to provide the correct requested Payee information and payment amount.

Automatic Recurring Payments. You may use the Service to arrange for the automatic payment of bills that have a fixed frequency and amount or as payments that are automatically scheduled upon the receipt of an e-Bill. Once your e-Bill or automatic bill payment arrangements are established, your payments will be made automatically by us based on your chosen frequency period. If the send on date for any payment falls on a non-business day, we will initiate payment on the following business day.

Erroneous Payment Orders. You assume sole responsibility for accurately describing Payees, payment amounts, and Payee addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate payment instructions. If you give us a payment instruction that is incorrect in any way, you agree that we may charge your Eligible Transaction Account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in your transfer or payment instructions.

Rejecting Payment Orders. We may reject bill payment orders with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically, or in writing. We may reject a payment order, for example, if we believe there is insufficient time to make the payment to the payee by the payment date you designate. Our system may also reject an order if we believe there is insufficient time to complete the payment or the requested send on falls on a non-business day. If we do not make an electronic payment because you do not have sufficient available funds on the send on date when we are scheduled to charge your Eligible Transaction Account, you will need to re-enter the payment order if you wish to make the payment at a later date.

Canceling Online Bill Payments. You may cancel or edit any Scheduled Payment (including recurring payments) by deleting the payment from the online payment screen. To do this, you must act by 9:59 PM/EST the day before the 'Send On' date (i.e., the date we transmit your electronic payment or paper check to the Payee). There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be canceled or edited, therefore a stop payment request must be submitted.

Stop Payment Requests. The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. Only payments made by paper check can be stopped. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service in the manner set forth in the provision entitled "In Case of Errors or Questions About Your Electronic Transfers." Although the Service will attempt to accommodate your request, the Service will have no liability for failing to do so. If you do not make your request in writing, the Service may also require you to present your request in writing within fourteen (14) days. See our current Rate and Fee Schedule for charges related to electronic funds transfer services.

Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Record of Your Transactions. You will get a monthly Account statement unless there are no transactions (including online bill payments) in a particular month. In any case, you will get a statement at least quarterly.

Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

e-Bills.

e-Bills is an optional feature of the Service that enables you to receive bills electronically from participating Payees:

  • e-Bill Availability.

            e-Bills may not be available from all of your Payees.

  • Presentation of e-Bills

You will receive e-Bills from a Payee only if both: (a) you have designated Payee in the Service as one of your Payees, and (b) the Payee has arranged with our Service Provider to deliver e-Bills. The Service may then present you with e-Bills from that Payee if either: (1) you affirmatively elect online within the Service to receive e-Bills from the Payee, or (2) the Payee chooses to send you e-Bills on a temporary "trial basis." In either case, you can elect online within the Service to stop receiving e-Bills from a Payee. Electing to receive e-Bills, automatically receiving trial e-Bills, and declining further elected or trial e-Bills all occur on an individual Payee basis. The Service does not include an option to prevent ever participating in the automatic trial e-Bill feature. When affirmatively electing to receive e-Bills from a particular Payee, you may be presented with terms from that Payee for your acceptance. We are not a party to such terms.

  • e-Bill Payee Approval

Participating Payees establish their own criteria for deciding whether to send bills electronically and have sole discretion to accept or decline your request to receive e-Bills. We do not participate in this decision. Participating Payees generally take up to one to two billing cycles to approve an e-Bill set-up request.

  • Paper Copies of e-Bills

If you start receiving e-Bills from a Payee, the Payee may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. Check with the individual Payee regarding your ability to obtain paper copies of e-Bills on a regular or as-requested basis.

  • Sharing Information with Payees

You authorize us to share identifying personal information about you (such as name, address, telephone number, Payee account number) with companies that you have identified as your Payees and which we have identified as offering e-Bills for purposes of matching your identity on the Service's records and the Payee's records to (a) activate your affirmative request for e-Bills, and/or (b) confirm your eligibility for "trial basis" e-Bills.

  • Information Held by the Payee

We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Payee. Any changes will require you to contact the Payee directly. Additionally it is your responsibility to maintain all user names and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Payee, provide to the Payee your email address, service address, or other data specifically requested by the Payee for purposes of the Payee matching your identity against its records or informing you about the Payee's services and/or bill information.

  • Activation

We will notify the Payee of your request to receive e-Billing information. The presentment of your first e-Bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. While your e-Bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive e-Bills.

  • Accessing e-Bills from a Third Party

You authorize us to obtain bill data from your Payees that you have requested to send you e-Bills, and from your Payees that wish to send you trial e-Bills. For this purpose, in some cases, you will be asked to provide us with any required user name and password for that Payee. When you provide this information, you authorize us to access the third party web site to retrieve the account information on your behalf, and you appoint us your agent for this limited purpose.

  • Privacy

We are committed to safeguarding the privacy and security of your personal information. Your login information for a Payee's website is kept confidential, and is used only to retrieve an electronic version of your bill so that we can present it to you online. For your security, all input fields for setting up your payee-specific login information are encrypted and your password is hidden from view.

  • Notification

We will attempt to present all of your e-Bills promptly. In addition to notification within the Service, we may send an email notification to the email address listed for your Account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new e-Bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

  • Timely Delivery of e-Bills

We take no responsibility if a Payee does not send you an e-Bill in a timely manner. If you do not receive an e-Bill, it is your responsibility to contact the Payee directly to otherwise obtain a copy of your bill. We are not responsible for any late charges or other adverse consequences resulting from your failure to receive an e-Bill. Any questions regarding your bill details should be directed to your Payee.

  • Accuracy and dispute of e-Bills

We are not responsible for the accuracy of your e-Bill(s). We are only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your e-Bill summary or detail must be directly addressed and resolved with the Payee by you.

  • Stop e-Bills

All parties have the ability to opt out of e-Bills at any time. You can cancel by clicking the 'e-Bills' hyperlink under the Payee record within the Payment Center and subsequently selecting to cancel your e-Bill. We will notify you if MSSB, Morgan Stanley Private Bank, or a Payee discontinues/stops e-Bills. The timeframe for cancellation of your e-Bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. We will notify your electronic Payee(s) as to the change in status of your account. You are responsible to make sure that thereafter you are able to receive a copy of your bill by other means (e.g., by mail or on the Payee's website) and that your payment is made in a timely manner. We will not be responsible for presenting any e-Bills that are already in process at the time of cancellation.

  • Non-Delivery of e-Bills

You agree to hold us harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.

These terms and conditions do not alter your liability or obligations that currently exist between you and your Payees.

Our Liability for Failing to Make Electronic Payments. If we do not complete an electronic payment made from your Eligible Transaction Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. There are some exceptions, however. We will not be liable, for instance, if:

  1. Through no fault of ours, you do not have enough available funds in your Eligible Transaction Account to make the electronic payment;
  2. The payment amount would exceed any permitted overdraft line you have with us;
  3. Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, a natural disaster or a rolling blackout) prevent or delay the transfer despite reasonable precautions taken by us;
  4. The Service or its systems were not working properly and you knew about the problem when you started the transaction;
  5. The funds in your Eligible Transaction Account are subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal;
  6. The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely;
  7. We have reason to believe the transaction may not be authorized by you or is otherwise fraudulent or illegal;
  8. The transaction cannot be completed because due to systems or transmission errors occurring on your end or those which are outside of our control;
  9.  We process your payment processing instruction in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; or
  10. You fail to follow the Service instructions on how to make a transfer or bill payment.

There may be other exceptions stated in our other agreements with you.

Returned Payments. In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Payee, or void the payment and credit your Eligible Transaction Account enrolled in the Service.

Failed or Returned Payment Instructions. In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the Payment Instruction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, we will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us. In each such case, you agree that:

a. You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;

b. For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed by us or our Service Provider;

c. You may be assessed a fee by our Service Provider and by us if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us (including as disclosed on etrade.com) or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, including by ACH debit;

d. You will reimburse us and our Service Provider for any fees or costs we incur in attempting to collect any amounts from you; and

e. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

Your Liability for Unauthorized Electronic Fund Transfers. Tell us AT ONCE if you believe your Account password has been lost or stolen, there has been unauthorized access to your Account, or if you believe that an online bill payment has been made without your permission. Telephoning is the best way of keeping your possible losses down. The customer service number is 800-387-2331. You could lose all the money in your Account. If you tell us within two (2) business days after you learn of the loss or theft, or unauthorized access or payment, you can lose no more than $50 if someone used your password or made a payment without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft, or unauthorized access or payment, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows bill payments that you did not make, including those made electronically which require your PIN, password, or other means of secured access, tell us at once. If you do not tell us within 60 days after the statement was sent 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 told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the above time periods.

If, notwithstanding the foregoing, the law requires MSSB to return additional amounts to your E*TRADE from Morgan Stanley Complete IRA Account, you agree personally to indemnify and hold MSSB harmless for such additional amounts.

Business and Other Non-personal Accounts. The provisions dealing with "Our Liability for Failing to Make Transfers," "Your Liability for Unauthorized Electronic Fund Transfers," and "In Case of Errors or Questions About Your Electronic Fund Transfers" (and related provisions detailed your E*TRADE from Morgan Stanley Client Agreement for Self-Directed Accounts or Morgan Stanley Private Bank Deposit Account Agreement) do not apply to business or other non-personal Accounts. The owners of non-personal Accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such Accounts.

We may process transactions that are initiated by means of a PIN or password for non-personal Accounts, even if the transactions are not initiated or authorized by the owners, unless we are notified in advance that the PIN or password has been lost or stolen. The owners of non-personal Accounts assume sole responsibility for any unauthorized use of the account's PIN or password, and shall indemnify, defend and hold MSSB and/or Morgan Stanley Private Bank, National Association (including its affiliates, agents, subsidiaries, employees, and representatives) harmless from all claims, actions, proceedings, losses and damages related to or arising out of any unauthorized transactions.

Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of etrade.com through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access etrade.com or Service without your consent, you must inform us at once at the telephone number provided in the Your Liability for Unauthorized Electronic Funds Transfers Section of the Bill Pay Terms & Conditions.

Lost or Stolen PIN/Password. You agree that we may confirm your identity and authorization for bill payment transactions by means of a PIN, User ID, and/or password assigned to you for your Account or the Service. If you believe your PIN or Password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, call us at the number or write us at the address described in the next section.

In Case of Errors or Questions About Your Electronic Transfers. Call us at 800-387-2331, write to us at E*TRADE from Morgan Stanley/Morgan Stanley Private Bank, Attn: Payment Services Department, PO Box 484, Jersey City, NJ 07303-0484, or fax us at 1-866-289-1404 as soon as you can if you think there has been an error in your Account, your statement is wrong, or if you need more information about a bill payment transaction listed on the statement. We must hear from you no later than 60 days after you learn of the error or we sent the FIRST statement on which the problem or error appeared (whichever occurs first).

  1. Tell us your name and Account number.
  2. Describe the error or the bill payment 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.
  3. Tell us the dollar amount of the suspected error and approximately when the error took place.

In addition, it would be helpful if you provided us with any supporting documentation related to the error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred 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 complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. In certain instances, we may provide credit sooner. 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 credit your account.

For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.

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

Fees. There is no fee for using the Service. There may be a fee for processing stop payments. See "Stop Payment Requests" and our current Rate and Fee Schedule for charges related to electronic funds transfer service.

Business Days. Our business days are Monday through Friday, excluding federal holidays.

Use of Account Information. We use and disclose information regarding your Account and bill payment transactions as necessary to provide you with the Service and consistent with our U.S. Privacy Policy and Notice.

Change in Terms/Termination of Service. We may change (add to, delete or amend) the terms of or terminate your use of our Service at any time, with or without cause and without affecting your outstanding obligations under these terms and conditions. We may terminate or suspend your use of the Service immediately if: you breach these or any other terms and conditions, or agreements with us; we have reason to believe that there has been or may be an unauthorized use of your Account, PIN or password; there are conflicting claims to the funds in your Account; or if you request that we do so. If you ask us to terminate your Account or the Service, you will remain liable for any subsequent transactions performed by you or any authorized user.

Service Cancellation. If you wish to cancel the Service, you may contact us at 800-387-2331. Please be advised that cancelling the Service will cancel the Service for ALL Eligible Transaction Accounts associated with the User ID. Any payment(s) that have begun processing before the requested cancelation date will be processed by us.

Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of etrade.com or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to etrade.com and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

Intellectual Property. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of etrade.com through which the Service is offered, the technology related to etrade.com and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding etrade.com or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors' exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of right.

Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of etrade.com or the applicable Service.

Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of etrade.com or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part 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.

Assignment. You may not transfer or assign any rights or obligations you have under these terms and conditions without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Exclusions of Warranties. etrade.com and service and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. In particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability. The foregoing shall constitute your exclusive remedies and the entire liability of us and our affiliates and service providers and the employees and contractors of each of these, for the Service and the portion of etrade.com through which the Service is offered. You acknowledge and agree that from time to time, the Service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption or failure in the provision of the Service, whether caused by strikes, power failures, equipment malfunctions internet disruption or other reasons. In no event shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any claim arising from or related to the service caused by or arising out of any such delay, interruption, disruption or similar failure. In no event shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, including loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the Service or the portion of etrade.com through which the Service is offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall we or our affiliates or Service providers or the employees or contractors of any of these be liable for any claim arising from or related to the Service or the portion of etrade.com through which the service is offered that you do not state in writing in a complaint filed in a court or arbitration proceeding within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Our aggregate liability, and the aggregate liability of our affiliates and service providers and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars). Some states not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
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