This Unifimoney Cash Account Agreement and Disclosures (this “Agreement”) by and between and Unifimoney and you set forth the terms and conditions that will govern your use of an account (the “Program Account”) maintained for deposits and withdrawals in connection with use of various services offered or made available to you by Unifimoney via a web-based platform (the “Services”). Please read this Agreement carefully and retain it for future reference.
As used in this Agreement, “Bank” means First Fidelity Bank, an Oklahoma state bank, Member FDIC; “we,” “us,” “our,” “ours,” and “Unifimoney” refer to Unifimoney, Inc.; “you,” “your,” and “yours” refers to each accountholder and beneficial owner of the funds held in the Program Account. Other key terms are defined throughout this Agreement, which will help you understand its terms.
THIS AGREEMENT AND OTHER TERMS
By completing an application for, opening, and maintaining the Program Account, you agree to be bound by the terms and conditions of this Agreement, which is available to you via the Unifimoney mobile application (the “Mobile App”), our website (the “Website”), or by contacting Unifimoney at email@example.com. It is understood and agreed that this Agreement supplements the Terms of Service, available on our Website at https://www.unifimoney.com/legal-information/terms-of-service, as amended from time to time (the “Terms”). The Terms are incorporated into this Agreement by reference. The use of the Services and the Program Account is subject to all of the terms and conditions contained in the Terms. Furthermore, you acknowledge that, as more fully described below, the Custodial Account is subject to the terms, conditions, disclosures, and policies of the Bank, as amended from time to time (the “Custodial Account Documentation”). If and to the extent there is any conflict or inconsistency among this Agreement, the Custodial Account Documentation, and the Terms, this Agreement will govern and control with respect to the Program Account, the Custodial Account Documentation will govern and control with respect to the Custodial Account, and the Terms will govern and control with respect to the Services.
ELIGIBILITY FOR A PROGRAM ACCOUNT
A Program Account is available only to United States (“U.S.”) citizens and legal resident aliens who are at least eighteen (18) years of age (or older in states where the age of majority is older) with a valid Social Security Number or Taxpayer Identification Number. You may only request and use the Program Account for personal, family, and household purposes, and not for business, commercial, organizational, agricultural, governmental, municipal, or public purposes. Your eligibility to open and maintain a Program Account is also subject to the eligibility, underwriting, and other qualification criteria which are or may be imposed, from time to time, now or in the future, by us, the Bank, or any other provider of any of the Services in which you enroll. Therefore, at any time that you are determined no longer to be eligible to use any one of the Services, you may likewise be determined not to be eligible to maintain the Program Account. In accordance with the Terms, the Program Account may not be available in all jurisdictions.
CUSTOMER DUE DILIGENCE
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
From time to time, we may be required to provide additional information about you to the Bank or any providers of the Services in order to enable them to comply with the Bank Secrecy Act, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, other laws and orders relating to anti-money laundering and sanctions, and the rules, regulations, and guidance issued by the Financial Crimes Enforcement Network, the Office of Foreign Assets Control, and other government agencies with respect to any of the foregoing laws, as each of the foregoing may be amended from time to time (collectively, “AML and Sanctions Laws”), as well as their respective anti-money laundering programs, customer identification programs, and know your customer policies, procedures, and internal controls (collectively, “AML and Sanctions Programs”). You agree to promptly provide to us any additional information about you that we deem necessary or advisable in order to determine or ensure compliance with all AML Sanctions Laws or to respond to requests for information concerning the identity of customers from any governmental authority, self-regulatory organization, or financial institution, including the Bank, in connection with its AML and Sanctions Program.
SHARING INFORMATION ABOUT YOU
You authorize us to obtain and verify credit, employment, income, and other information about you from reporting agencies and other third parties. We may use such information to consider your application for a Program Account and subsequently any future lawful purposes. Such purposes may include, without limitation, verifying the information you provide to us, determining your eligibility and qualifications for the Program Account, fraud prevention, institutional risk controls, and reviewing, auditing, modifying, or collecting the Program Account. Credit reports or consumer reports may be requested from any reporting agencies. Upon request, you will be informed whether or not a credit report or consumer report was requested, and if such report was requested, informed of the name and address of the reporting agency that furnished the report.
You also authorize us, the Bank, and any of our or its respective service providers to disclose, share, exchange, or sell information and records about you with your employer, reporting agencies, government agencies, card associations and payment networks, payment processors, other financial institutions, any person or entity to which we may transfer an account, debt collection agencies, professional advisors, other businesses or service providers, persons who are or may become associated with existing or potential products or services we may provide you (such as any fiduciaries, agents, or representatives), and your spouse if and to the extent required or permitted by applicable law. This authorization applies to information or records about your application, transaction authorizations, payment instructions and histories, or other information or records about the Program Account. Our privacy notice describes how we collect, protect and use non-public personal and financial information about you and the circumstances in which we might share information about you with our affiliated and unaffiliated third parties.
Without limiting the generality of the foregoing, when you open a Program Account, you authorize the Social Security Administration to verify your Social Security Number by matching the name, date of birth, and Social Security Number that you submitted in your Program Account application with information in the Social Security Administration’s records, and to share a match or no-match response concerning the results of the Social Security Number verification with us.
Because Unifimoney is not an FDIC-insured depository institution and accordingly does not maintain deposit accounts for the users of the Services, all funds attributable to a Program Account will be deposited in one or more account(s) maintained with the Bank that is or are titled in the name of Unifimoney, as custodian for its customers (each a “Custodial Account”). Although you may be entitled to deposit insurance on your Program Account balances held in the Custodial Account at the Bank, you and the Bank do not have any contractual obligations to each other, the Bank does not have a fiduciary relationship you, and you are not a customer of the Bank. You acknowledge that the Custodial Account will be subject to the Custodial Account Documentation. The Custodial Account Documentation sets forth various terms that will govern how deposits, withdrawals, adjustments, and other transactions will occur in the Custodial Account, including how deposits are taken and collected, legal process and adverse claims with respect to the underlying balances, overdrafts and non-sufficient funds activity, posting orders, stop payments, statement errors and unauthorized transactions, electronic funds transfers, and funds availability. Except to the extent expressly set forth in this Agreement or as established pursuant to our Program Account policies and procedures from time to time, transactions reflected on the records for the Program Account will be processed in accordance with the Custodial Account Documentation. Unifimoney may from time to time provide transaction information related to your Program Account to the Bank for regulatory, auditing, and regulatory purposes.
We are under no obligation to structure the Custodial Account or transactions involving your Program Account in any manner, including but not limited to establishing one or more Custodial Account(s); commingling funds among multiple users of the Services within one or more Custodial Account(s); generating income from amounts funding the Custodial Account, whether interest earned on Custodial Account balances, investment of Custodial Account funding, or otherwise; maximizing the amount by which the funds in the Custodial Account are expected to be insured by the Federal Deposit Insurance Corporation; or seeking protection from your or our creditors or other claimants.
You hereby appoint us as your limited agent and custodian with full power and authority, for you and on your behalf and in your name, place, and stead, to receive, hold, execute, process, and settle deposits, withdrawals, adjustments, or other transactions of all amounts attributable to your Program Account within the Custodial Account and complete, execute, and deliver any documentation necessary or appropriate in furtherance of such transactions. This appointment is coupled with an interest; shall survive your death, incompetency, incapacity, or disability (regardless of whether we have notice thereof); and shall be irrevocable until such time as this Agreement has terminated. You agree to execute such other documents as we may reasonably request in order to effect the intent and purposes of this appointment. To the fullest extent permitted by applicable law, you acknowledge and agree that our duties will be determined only with reference to this Agreement, the Terms, and the Custodial Account Documentation, and we are not charged with any other duties or responsibilities in connection with such agency.
ESTABLISHING A PROGRAM ACCOUNT
If we approve your application to enroll in and use the Services, we will establish the Program Account in our books and records and the Program Account will become active. The Program Account will reflect the records we maintain, in good faith and in the regular course of business, of the beneficial interests in the balances within the Custodial Account attributable to the Program Account, in a manner that will permit your beneficial interest to be insured by the FDIC to the same extent as if you held an account directly with the Bank, subject to applicable FDIC insurance limits.
NO MONEY TRANSMISSION
It is the intent of the parties that the Program Accounts are being established as electronic accounting tools only and that all transactions relating to the Program Account are processed pursuant to your instructions provided to us for execution by the Bank. Accordingly, you acknowledge that your use of the Program Account, our delivery of your instructions to the Bank, and our performance of our obligations or exercise of our rights, privileges, or remedies hereunder, do not establish us as a payment processor, payment facilitator, money transmitter, seller of checks, or other money service business accepting payment from you for transmittal to others, and we are not acting in any capacity as an agent of the Bank or any of the foregoing providers.
EVIDENCE OF OWNERSHIP
All of your funds with respect to the Program Account are held by us in the Custodial Account solely as agent and custodian and are not our property. Subject to our security interest as more fully described herein, you are and will remain the owner of all of your funds attributable to your Program Account and any interest in those funds held in the Custodial Account.
PROGRAM ACCOUNT TITLING
The Program Account may be titled only in the name of one individual who may deposit, transfer, or withdraw funds. Without limiting the generality of the foregoing, we do not provide functionality that, and will not accept any document or instrument that purports to, create a joint or multiple-party account or designate any other beneficiary of the funds attributable to the Program Account, whether a payable on death, transfer on death, Uniform Transfers to Minors Act, Uniform Gifts to Minors Act, or other beneficiary designation. We also do not maintain any Program Account for trusts, whether revocable or irrevocable. You also acknowledge and agree that the Program Account is not structured as any tax-deferred or tax-advantaged account, whether under the Internal Revenue Code of 1986, as amended, or any state laws, including, without limitation, any individual retirement account, health savings account, Archer medical savings account, educational savings plan, or Keogh plan. As set forth in this Agreement, we may from time to time provide limited services regarding the Program Account to certain of your fiduciaries or representatives, such as agents under a power of attorney or following your death or incapacitation.
To secure the payment and performance of your obligations set forth herein, you grant us a security interest in and pledge and assign to us all of your right, title, and interest in and to the following described property, whether now owned or hereafter existing or acquired and wherever located: your Program Account and all of your monies that are now or in the future attributable to the Program Account on deposit within the Custodial Account; any other collateral described in any security instrument securing your obligations to us under this Agreement or, to the fullest extent permitted under applicable law, any other of your past, present, or future obligation of you to us; and all proceeds and products of the foregoing property as well as any replacements, accessions, substitutions, and additions to any of the above. You agree to execute any further security agreements, documents, or instruments, including, without limitation, any tri-party deposit account control agreement among you, us, and the Bank that is reasonably acceptable to us, as necessary to perfect and enforce the foregoing security interest. The security interest granted by this Agreement is consensual and is in addition to our right to set-off.
If you ever owe us money and it becomes due and payable, we can use the funds attributable to the Program Account to repay the amount owed. Furthermore, if your Program Account balance is negative, we can use the funds in any of your accounts with us to repay the amount owed on the negative balance with respect to the Program Account. This means we have the right to set off any liability, direct or contingent, past or present, that you owe us. We will notify you if we have exercised our right to set off.
When you enrolled to use the Services, you agreed and consented to accept all communications and records, including statements, in electronic format only (collectively, “Electronic Records”) rather than paper communications and records. We exclusively offer the Services through the Mobile App and our Website. Accordingly, if you revoke your consent to Electronic Records, we may close your Program Account.
As described in the Terms, in order to use the Services, you must provide us with an accurate and complete e-mail address. If your e-mail address to which we will be sending you notifications or any other information should change in the future, you must provide your new e-mail address. If you do not update your e-mail address, we will continue to send any notifications to your e-mail address of record with us for a period of time. For example, we may notify you by e-mail that your periodic statement is available to be viewed in your profile. If you otherwise do not receive this e-mail notification, whether the notification is returned as undeliverable or otherwise, you will still be deemed to have received any documents transmitted to your profile. We might not monitor our systems for e-mails that are returned to us as undeliverable and might not attempt to resend any returned e-mail to you. The date on which you will be deemed to have a document made available to you is the date such document is posted in to your profile, whether or not you receive or access the above-mentioned e-mail notification or the applicable document.
Through your access to the Services, we may make certain information about the Program Account available to you to view. Balances and transaction histories that you obtain through your profile generally will be current as of the close of business on the preceding Business Day. As used herein, “Business Day” means each day that the Bank is open for business. You understand that information in your profile regarding the Program Account may not reflect all transactions, may reflect temporary authorizations or provisional credit prior to final settlement and posting, or otherwise may prove to be inaccurate. Subject to your right to report unauthorized transactions or errors with respect to your Program Account as set forth in this Agreement, only your Program Account statements will be the official record of transactions attributable to your Program Account.
Notwithstanding anything to the contrary within the Custodial Account Documentation, we only offer limited types of transactions that may be conducted through the Program Account. Transactions may be made to or from the Program Account via (1) an internal electronic fund transfer, in the event that you have another deposit account at the Bank, (2) an external electronic fund transfer to or from a linked account at another financial institution, or (3) transfers that you authorized a Merchant (defined below) to initiate. You must register and we and the Bank must approve, in accordance with then-current verification procedures, each account to or from which transfers may be initiated. Subject to our and the Bank’s approval, you may link an external account to your Program Account so long as you own or co-own the external account; we can verify ownership of the external account; you have full power, legal right, and authority to transfer funds to and from the external account; and the external account is held at a U.S. financial institution.
AUTOMATED CLEARING HOUSE RULES
Transfers of funds will generally be processed using the automated clearing house (“ACH”) network. You shall comply with the Operating Rules of the National Automated Clearing House Association (“NACHA”) in existence as of the date of this Agreement and as amended from time to time (the “NACHA Rules”). You acknowledge and agree that, as part of provision our Services and the provision of the Program Account, we only provide an electronic interface through which transfer instructions may be originated by us, as your agent and custodian, through the Custodial Account at the Bank. Accordingly, under no circumstances will we be considered or obligated to perform the duties of an “originating depository financial institution,” “third party sender,” or “third party service provider” or otherwise act in any other capacity under the NACHA Rules, other than as the “originator” with respect to the Custodial Account and the funds therein that are attributable to the Program Account, or, in the case of transfers you authorize a Merchant to initiate, the “receiver.” The Bank will act as the “originating depository financial institution” under the NACHA Rules.
You authorize us to take such actions with respect to the Program Account as are necessary to deliver the Services. By registering your external account for transfers to and from your Program Account, you authorize us cause ACH debit and credit entries to be initiated to the Custodial Account, with corresponding debit and credit entries to the Program Account. In the case of any transfer that has been rejected due to non-sufficient funds (“NSF”), you authorize us to, at our option, attempt to process the transfer again. As you may determine in your instructions, you will either authorize us to debit an account and send funds on your behalf to the other account designated by you or to credit your account when we receive funds from the other account designated by you. You also authorize us to reverse a debit if the debit is returned for any reason or a credit if the remittance is not honored for any reason. Through your profile, you may receive more specific instructions and authorizations for particular transfers.
In order for us to process transfers, you must first give us transfer instructions consistent with the content, transmission, and formatting requirements that we or the Bank may require from time to time. We are not under any obligation to complete a request for a transfer until such time as we obtain all information required to process the instruction. You are solely responsible for ensuring the accuracy of any information that you provide in your transfer instructions, identifying any errors contained in your instructions, and informing us as soon as possible if you become aware of any such errors. We are not responsible for confirming such information, or for identifying or rejecting errors or duplicate instructions. If you give us a transfer instruction that contains errors, you agree that we may charge the Program Account and initiate corresponding transactions in the Custodial Account, whether or not the error could have been detected by us. You acknowledge that erroneous information can (and often does) result in nonpayment or delay of funds and could potentially have significant monetary impact on you.
Without limiting the generality of the foregoing, you acknowledge and agree that any receiving depository financial institution, whether the Bank or another institution, may rely on the account and routing numbers which appears in any transfer request issued by you or on your behalf without any obligation to look at the name of the receiving person, financial institution, or account which may also appear on the transfer request, even if that number identifies a person, financial institution or account different from the person, financial institution or account identified by name. Unless otherwise provided by applicable law or regulation, if you request a transfer containing an inconsistent name and account and routing numbers, you acknowledge and agree that you may be obligated to pay the amount of the transfer requested originated on the basis of that transfer request.
At the time you wish to initiate a transfer, we will provide you with the amount of funds that may be transferred and available options to send the funds through the Mobile App. While we may from time to time provide times for processing your transfer requests, you acknowledge and agree that any such times are estimates and subject to change. Due to circumstances beyond our control or as otherwise set forth in this Agreement, transfers may be processed after the estimated times. For example, such estimates may assume that transfer requests are initiated and processed by us and the Bank within applicable cut-off times that may be communicated to you from time to time. Transfer requests processed after any applicable cut-off times may not be processed until the next succeeding Business Day. We will only be liable for late transfers to the extent set forth in this Agreement and under applicable law. If and to the extent the transfer will result in a debit or credit to an external account, such transactions will be subject to the receiving depository institution’s funds availability and transaction processing schedule. There may be transaction limits applicable to the Program Account, as more fully described in “Electronic Funds Transfer Disclosure” in this Agreement.
AMENDING OR CANCELLING TRANSFERS
You may cancel or modify a transfer before we have started processing the transfer. Once we have started processing a transfer, it cannot be cancelled or modified. Before such time, we may make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied transfer to your Program Account or to stop or recover a transfer that was initiated,
processed, or settled erroneously, but we do not guarantee such recovery and will bear no
responsibility or liability resulting from our failure to do so or incorrect information entered by you in your instructions, to the extent permitted by applicable law.
REFUSED AND RETURNED TRANSFERS
Subject to applicable law, we reserve the right to refuse any transfer for any reason, including instances where there are not sufficient available funds attributable to your Program Account to cover the transfer or we suspect, in good faith, that the transfer may be fraudulent, erroneous, illegal, or in violation or breach of this Agreement, the Terms, the Custodial Account Documentation, or any agreements with providers of the Services. Without limiting the generality of the foregoing, we and the Bank shall be excused from failing to transmit or delaying the transmittal of any transfer if such transfer would result in exceeding the Bank’s limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in our reasonable judgment otherwise would violate any provision of any present or future risk control program of the Federal Reserve. To the extent required by applicable law, we will notify you promptly if we refuse a transfer. You also understand and agree that transfers may be returned for a number of reasons, including non-sufficient funds in the account to be debited or errors in transfer instructions.
When providing account and routing numbers to parties providing any of the Services, merchants, Internet service or other utility service providers (collectively, “Merchants”) to make a payment (whether in person, electronically or over the phone) you must ensure that the Merchant is using the ACH network to process the transaction as an electronic debit, as ACH is an accepted form of payment for your Program Account. If the Merchant processes a payment as a check, the check will be rejected and not paid. You may be charged a fee by the Merchant if this happens. Your Program Account can be used for preauthorized direct ACH debits from Merchants, for the purpose of initiating debits to the funds attributable to your Program Account, and for the purpose of initiating direct deposits and/or ACH credits to be reflected in your Program Account.
Because the Services are only offered electronically and transactions are only handled through ACH transfers, we do not accept deposits of cash, foreign currency, personal checks, cashier’s checks, money orders, other physical payment instruments, or wire transfers. If you send us a deposit that consists of any of the foregoing, the deposit may be returned back to your most recent address reflected in our records or the sender. We are not responsible and shall have no liability to you if any of the foregoing deposits are misdirected, lost, stolen, destroyed, or mishandled. The Program Account does not offer a check writing feature. You may not write checks on your Program Account, or order checks for your Program Account from us or any other source. Any transactions to your Program Account that involve a check drawn on your Account, including written checks, remotely created checks, check by phone, electronically created items, substitute checks, image replacement documents, or third-party authorizations that come through as a check, will not be honored. You may not use your Program Account in connection with the creation or negotiation of any financial instruments, such as checks, that we have not permitted for use with your Program Account. Our refusal to process any transactions prohibited under this Agreement shall not constitute a wrongful dishonor, and you agree to indemnify and hold us harmless for refusing to honor any of the foregoing.
NON-SUFFICIENT FUNDS AND OVERDRAFTS
If the balance of your Program Account is not sufficient to cover any withdrawal or payment, we may either (i) pay the transaction and create an overdraft, or negative balance, in your Program Account or (ii) return the transaction.
We use an actual ledger balance method to determine if there are sufficient funds attributable to your Program Account. The actual ledger balance method calculates your Program Account balance only based on transactions that have settled, and it does not reflect pending transactions that have not posted to your Program Account.
Honoring withdrawals or payments that result in overdrafts are solely at our discretion. The fact that we may honor a withdrawal or payment results in a negative balance does not obligate us to do so in any other future instance. Therefore, you cannot rely on us to pay overdrafts on your Program Account, regardless of how frequently or under what circumstances we have paid overdrafts on your Program Account in the past. We can change our practice of paying, or not paying, discretionary overdrafts on your Program Account without notice to you. Any applicable overdraft fees, and the conditions under which such fees may be charged, are disclosed in our then-current fee schedule. Any negative balance in your Program Account is immediately due and payable. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees.
Alternatively, instead of honoring a withdrawal or payment that results in an overdraft, we may return the transaction and charge you an NSF fee, as set forth in the fee schedule, if the balance in your Program Account is not sufficient to cover the transaction presented for payment. A withdrawal or payment may be presented multiple times. We may charge a fee each time a debit transaction is presented for payment if the balance in your Program Account is not sufficient to cover the transaction, regardless of the number of times the transaction is presented for payment. Accordingly, you may be assessed multiple NSF and/or overdraft fees for a given transaction.
Electronic statements are available to view and print through your profile. Program Account statements will be made available monthly. You should review your transaction history daily to protect your rights, including your right to dispute transactions that you believe are unauthorized. You have a duty to carefully review your statements for each statement period and notify us of any errors within sixty (60) days after your statement becoming available. We will not be liable to you for any damages as a result of: (i) your failure to promptly notify us of a change in your e-mail address; (ii) your failure to promptly notify us if you are unable to access the Mobile App or your statement; or (iii) your failure to make arrangements to access the Mobile App and obtain your statement. If you do not notify us within sixty (60) days after your statement becomes available of any unauthorized transactions or errors, the statement shall be deemed final and correct. For information on errors relating to electronic fund transfers (e.g., ACH transactions) refer to your Electronic Fund Transfers Disclosure and the sections on consumer liability and error resolution.
DEATH OR INCAPACITATION
Your appointed party or designee must notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from your Program Account until we: (i) are notified of your death or adjudication of incompetency and (ii) have had a reasonable opportunity to act upon such notice. You agree that, even if we have knowledge of your death, to the extent permissible by applicable law, we may pay or process pending transactions on your Program Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Program Account. We may require additional documentation to confirm any claims made on the Program Account.
POWER OF ATTORNEY
You may give another person authority to make transactions on your Program Account by giving power of attorney to that person. The beneficial owner of the funds attributable to the Program Account and person executing power of attorney over the Program Account is known as the “Principal.” The person granted power of attorney for the Principal is known as the “Agent.” To the fullest extent permitted by applicable law, we may refuse to accept a power of attorney for reasonable cause, and we may require the Agent to sign a certificate confirming certain facts or an opinion of legal counsel relating to the Agent’s authority under any power of attorney. Unless we have actual knowledge that the contents of any certificate or opinion of counsel is inaccurate or misleading, we shall be protected in relying upon any such certificate or opinion of counsel to the fullest extent permitted by applicable law. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until we receive written revocation from the Principal, we receive written notification of the Principal’s death, or we receive written notification of the death or incapacity of the Agent, and, with respect to each of the foregoing clauses, we have reasonable time to act upon such notice.
LEGAL PROCESS AND DISPUTES
If legal action such as a garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court, or other state or federal legal process (“Legal Process”) is brought against you relating to the Program Account, we may refuse to permit or limit withdrawals or transfers from your Program Account until the Legal Process is satisfied or dismissed. We have first claim to any and all funds in your Account to the extent permitted by applicable law and Legal Process. Unless otherwise required by applicable law, we will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves non-sufficient funds to pay a transaction that you have authorized. You agree to reimburse us for any cost or expense, including attorney fees, which we incur in responding to Legal Process related to your account, unless otherwise prohibited by law. In addition to Legal Process, in the event of any conflicting claims to the funds attributable to the Program Account, we may place a freeze or hold on the Program Account unless we receive confirmation that such claims or disputes have been resolved or adjudicated, in accordance with such documentation as we may reasonably request (such as a settlement agreement or court order).
DIRECT DEPOSIT RECLAMATION
If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
PROGRAM ACCOUNT DORMANCY AND ESCHEATMENT
A Program Account that is inactive for a period of time may be considered dormant and is subject to escheatment. Each state has varying laws as to when an account is subject to escheatment, and we may be required to send the balance in your Program Account to the state of your last known address. We will make all reasonable efforts to contact you before transferring the remaining balance of your Program Account to the applicable state. Unless prohibited by applicable state law, we may charge you dormancy fees in connection with Program Account inactivity, as may be set forth in our fee schedule from time to time.
In the event the Account is cancelled, closed or terminated, we will send you notice in accordance with applicable law. In the event we suspect fraud or have identified suspicious activity involving the Program Account, any notice we provide may be given after Program Account closure. Either you or we may close your Account at any time for any reason or no reason. You may cancel this Agreement by contacting Customer Service and requesting to close your Account. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. We are not required to close your Account at your request if you have pending transactions, the account is overdrawn or your account is subject to Legal Process.
If your Account is canceled, closed or terminated for any reason, we will attempt to return the unused balance to your linked external account via ACH. If you do not have a linked external account to receive your balance via ACH, we will mail you a check to your most recent mailing address in our records. For security purposes, you may be required to supply identification and address verification documentation before we issue a refund check. Allow approximately ten (10) Business Days for processing and mailing of the refund check after we close the Program Account. Specific information and instructions, including how to receive any remaining Program Account balance, will be included in the notice. After a Program Account is closed, we have no obligation to accept deposits or pay any outstanding items. You agree to indemnify and hold us harmless for refusing to honor any item on a closed Program Account.
COMPLIANCE WITH LAWS
You agree to not violate applicable law, including without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the Program Account or the amount in question while we investigate the matter. Without limiting the generality of the foregoing, restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through the Custodial Account or through the use of any funds therein that are attributable to the Program Account. Restricted transactions include, but are not limited to, those in which credit, electronic fund transfers, checks or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
This Agreement, your Program Account, and any claim, dispute, or controversy arising from or relating to this Agreement, or your Program Account are governed, by U.S. federal law and, to the extent state law applies, the laws of the state of Arizona (without regard to conflicts of laws principles). If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.
We may amend or change the terms of this Agreement with you at any time. We may add new terms or delete or amend existing terms, add new services, substitute similar services and discontinue existing services, or convert existing services into new services. Unless otherwise required by law, we may amend this Agreement without prior notice (e.g., by posting the information on the Mobile App, Website or otherwise making it available to you). Otherwise, we will provide you reasonable prior notice in writing or by any method permitted by law of an adverse change to this Agreement. Reasonable notice may include emailing a notice, a statement message, or a copy of the amended agreement or the amended provisions to the last email address we have on file for you. We may substitute similar services or discontinue the currently offered services for certain accounts by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction of any fees or the addition of services) or if the change is required for security reasons.
When we change this Agreement, the then-current version of this Agreement supersedes all prior versions and governs your Program Account. If you continue to use your Program Account or keep it open, you are deemed to have accepted and agreed to any changes as of the effective date of any such change. If you do not wish to be bound to the changes, you may close your Program Account as provided in this Agreement. You can obtain a copy of our current Agreement contacting Customer Service.
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ADDITIONAL DISCLOSURES FOLLOW.
ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
TYPES OF TRANSFERS AND LIMITATIONS
Electronic Fund Transfers Initiated by Third Parties. You may authorize a third party to initiate electronic fund transfers. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the ACH network. Your authorization to the third party to make these transfers can occur in a number of ways. In all cases, these third party transfers will require you to provide the third party with your account number and bank information. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
Digital Transfers – types of transfers and charges – You may access your account(s) via the Mobile App or the Website, as the case may be. By entering your credentials, you can transfer funds between your accounts, get information about account balances and transaction histories, and receive account statements.
Limitations on Transfers - These are the itemized cash access and spending limits for your Program Account:
Our Liability for Failure to Complete Transactions
If we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
We will disclose information to third parties about your account or the transfers you make:
Consumer Liability. Tell us AT ONCE if you believe your access credentials for your account have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 Business Days after you learn of the loss or theft of your access credentials, you can lose no more than $50 if someone used your access credentials without your permission.
If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your access credentials, and we can prove we could have stopped someone from using your access credentials without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had 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 time periods.
If you believe your access credentials have been lost or stolen, email us at firstname.lastname@example.org.
You should also email us at the address listed above if you believe that a transfer has been made without your permission.
In Case of Errors or Questions About Your Electronic Transfers, email us at email@example.com as soon as you can, you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
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 it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, 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 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.
We do not accept cash and checks for deposits to be credited to Program Accounts. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them.
For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and federal holidays. If you make a deposit before the close of business on a Business Day that the Bank is open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business or on a day the Bank is not open, we will consider that the deposit was made on the next business day the Bank is open.
All fee amounts will be automatically withdrawn from your Program Account, except where prohibited by law. Any time your remaining balance is less than the fee amount being assessed, the balance of your Program Account will be applied to the fee amount resulting in a negative balance on your Program Account.