In order to apply for e*branch access, you must agree to the terms and conditions in this disclosure. Click "agree" to continue to the e*branch application. If you disagree with these terms and conditions, simply close this window.
- Introduction. This agreement and Disclosure specifically governs the e*branch Service (University Credit Union’s online bankers website), and informs you of your rights and responsibilities and the terms and conditions associated with the service you have requested. Please read this Agreement and Disclosure carefully. In this Agreement and Disclosure, the words "you", "your", and "yours" mean each and every one who utilizes e*branch. The words "we", "us", "our", " University Credit Union", and "Credit Union" mean University Credit Union. The words "the Service" refers to e*branch Service.
By accessing your account online, or permitting another to access your account online, you acknowledge receipt of the Agreement and Disclosure and agree to be bound by all terms and conditions contained herein. You further agree to follow all instructions provided by the Service and reflected on your computer screen. The terms and conditions of this Agreement and Disclosure are in addition to the terms and conditions of any and all other deposit account and credit agreements you have with the Credit Union, including all such disclosures made pursuant to such agreements. University Credit Union reserves the right to terminate, alter or change this service at any time. You further agree to abide by any additional terms or conditions, which may be added because of future enhancements to e*branch. For additional security reasons, members must access e*branch at least once every 90 days or your account online will be deemed inactive and disabled. Electronic statements will not be accessible and a paper statement may be mailed until the service is reactivated.
- Services. Using your personal computer (PC) and your designated User ID and password, you can access your University Credit Union account 24 hours a day, seven days a week (as long as the service is available).
- Business Days. e*branch will be available 24 hours a day, seven days a week, except when down for maintenance, as indicated in the paragraph titled "System Availability."
- Agreement for receiving electronic disclosures: Under regulations set by the Federal Reserve Board, you are entitled to receive certain disclosures. Regulations provide that if you agree, the required disclosures may be delivered to you electronically. These disclosures may be delivered via e-mail. You should print a copy of each disclosure delivered, read it carefully, and retain it for your reference. Under the terms of the agreement you are not committed to any disclosure unless you use the service which it covers. By signing this agreement, you agree to receive any University Credit Union disclosures and your periodic account statement electronically.
- E-Statement Access: You agree to receive your periodic account statement electronically in place of a paper statement sent via US mail to your address of record. You further agree to provide an accurate e-mail address to University Credit Union for notification of electronic statements. If the e-mail address provided is not accurate due to negligence on your part, you agree not to hold University Credit Union liable for sending your notification to such e-mail address. If the e-mail address provided is not deliverable, University Credit Union will provide your periodic statement via US mail to your address of record.
You may also request a printed copy of your statement at any time. Applicable fees, as outlined in the Fee Schedule, may apply.
The Credit Union must receive notification of any change in physical or e-mail address three business days prior to the 28th day of the month to give us time to affect the change. Failure to do so may result in a delay or lack of delivery of your statement for the given period. Contact University Credit Union in writing or visit one of our branches to change your physical address. You can also change your e-mail address by updating the information on e*branch. Your statements will be available from the e*branch for 12 months from the date of the statement. At any time you can log into e*branch and navigate to the “Your Preferences” and choose “eStatement Selection” to select to continue to receive e-statements. You also have the choice to “opt-out” of electronic statement delivery back to paper at any time following these same steps. Applicable fees, as outlined in the fee schedule, may apply.
- Applicability, effective date: this Agreement governs your use of the Service and becomes effective upon your first use of the Service.
- In case of errors or questions about your electronic statement: Contact us IMMEDIATELY if you think your statement is wrong, or if you need more information. You may notify us at 786.425.5000 or send an e-mail through secure messaging in e*branch or visit your closest branch or write a letter. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. Tell us your name and account number, the dollar amount of the suspected error, and the date it occurred. Describe the error or the transaction you are unsure about, and explain as clearly as you can, why you believe it is an error or why you need more information.
If you notify us verbally, we will require you to send us your complaint or questions in writing within ten (10) business days. We will tell you, in writing, the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we need to use the forty-five (45) days to investigate, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or request in writing and we do not receive it within ten (10) business days, the credit union is not required to credit your account. If we determine there was no error, we will send you written explanation within three (3) business days after we complete our investigation. You may ask for copies of the documents that we used in our investigation and upon which we relied to conclude that the error did not occur. (We will make these available to you to the extent possible without violating any other member's right to privacy.)
- Fees and Charges. There is currently no fee for the Service or termination thereof. However, University Credit Union reserves the right to impose fees or to subsequently change any fee structure. Please refer to the most recent fee schedule.
- System Availability. Access to the Service may be unavailable at certain times for the following reasons: (1) Scheduled maintenance. There will be periods when systems require maintenance or upgrades; (2) Unscheduled maintenance. Service may be unavailable when unforeseen maintenance is necessary; or, (3) System Outages. Major unforeseen events, including, but not limited to: earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages that may cause system unavailability. University Credit Union will make all reasonable efforts to ensure the availability of the Service. However, University Credit Union is in no way liable for the unavailability of the e*branch or any consequential damages that may result.
- Test your ability to retrieve and read a PDF or Text image file. By accepting this disclosure you are acknowledging that you are able to successfully retrieve and read this test statement and confirm there are no issues viewing this sample statement. Click here to verify you can view this test statement at Sample Statement.
- Minimum Requirements:
The minimum and recommended hardware requirements to run e*branch are listed below.
Minimum: Requirements listed will enable e*branch to run on your Personal Computer (PC) or Apple Mac computer.
Recommended: Requirements listed will deliver enhanced system performance for Virtuoso Home Banking.
Computer and processor
Minimum:1 GHz CPU
Recommended:2 GHz CPU
For Windows XP Versions
Minimum: 512 MB
Recommended: 1 G
For Windows Vista
Minimum: 1 G
Recommended: 2 G
For Windows 7
Minimum: 3 G
Recommended: 4 G
Minimum: 500 MB
Recommended: 1 GHz processor or higher/1 G RAM or greater
Minimum 300 MB
· Minimum: VGA Monitor resolution of 800X600, configured to display 256 colors.
· Recommended: Resolution of 1024X768 or higher (if available) to enhance the visual aspect of Virtuoso Home Banking.
· Minimum (For Dial-up Customers ONLY): Modem/Speed: 28.8K bps (28,800 baud/second) or higher; V.34 modem protocol is minimally required; V.90 modem protocol is recommended.
· Recommended: High Speed Internet or Broadband Connection.
Hardware and Software Requirements
You are responsible for the installation, maintenance, and operation of your Computer (in this Agreement, your computer and the related equipment are referred to together as your "Computer") and all software. Please refer to our “Browser and Operating System Requirements” for specific system requirements. We will inform you of any change in hardware or software requirements that may affect your access to or use of Online Banking. The Credit Union is not responsible for any errors or failures from any malfunction of your Computer or any software, and the Credit Union is not responsible for any computer viruses (including, without limitation, programs commonly referred to as "malware", "keystroke loggers", and/or "spyware"), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained is obtained at your own discretion and risk, and Credit Union is not responsible for any damage to your computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. You are solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your operating systems, and for protecting, securing, and backing up any data and information stored in or on your operating systems. The Credit Union is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your operating systems.
- Termination of agreement and service. Your Password should be kept strictly confidential. You will be required to change the password you are assigned upon first access to e*branch. You may cancel this Agreement and terminate your Service with University Credit Union at any time by notifying University Credit Union in writing via email,or sending a secure message, or visit your closest branch or write a letter, and discontinue use of the service. The credit union may terminate its Service and this agreement and Disclosure at any time by giving you advance notification, in writing. Whether you or the Credit Union terminates this Agreement and Disclosure, the termination shall not affect your obligations under this agreement and Disclosure.
- Amendments: This Agreement may be amended by the Credit Union at any time at its discretion. You will receive notice of amendments as required by applicable law without restatement of terms herein.
UNIVERSITY CREDIT UNION
13241 SW 136th Street, Miami, FL 33186
Business Days: Monday through Friday Excluding Holidays 8am-5pm
Phone: (786) 425-5000
Every calendar day is a processing day, except Saturday, Sunday, and Monday which are treated as a single processing day.
TERMS AND CONDITIONS OF REMOTE DEPOSIT CAPTURE DISCLOSURE AND AGREEMENT
The Remote Deposit Capture Disclosure and Agreement (this “Agreement”) is incorporated by this reference and becomes a part of University Credit Union's (the “Credit Union,” “we,” “us,” or “our”) Remote Deposit Capture Disclosure and Agreement effective April 30, 2015. All other terms and conditions of your Remote Deposit Capture Disclosure and Agreement, as amended, remain in force.
REMOTE DEPOSIT CAPTURE SERVICES
The Remote Deposit Capture Service (this “Service”) allows you to remotely deposit paper checks from your mobile device to your Credit Union account by electronically transmitting a digital image of the paper check to the Credit Union.
The following are requirements that must be met for initial approval to use this Service.
- Membership account must be open for a minimum of 90 days.
- At least 18 years old.
- Account must be positive.
- No delinquent loans.
- No history of excessive or repeated returned items.
- Other factors may also be considered.
This Agreement contains the terms and conditions for the use of this Service that the Credit Union provides to consumer accounts for personal, family, and household purposes. In this Agreement, the plural form of a word also means the singular, and vice versa. “You,” “your,” or “yours” means everyone who signs any application or agreement for an account or an account service with us, or who is authorized to make transactions regarding your Account as provided in other agreements and disclosure governing your Account or by applicable. “Account” means any one or more checking accounts you have with the Credit Union.
Your acceptance of this Agreement and your use of this Service means that you agree to all terms and conditions in this Agreement in addition to the [Account Agreement and Disclosures] provided to you at account opening. Please read this Agreement carefully and keep a copy for your records. You may use this Service for personal, family, and household purposes only.
To use this Service, you must meet the following criteria:
- You must have a smart phone with an enabled camera and service plan that includes data and Internet access. Third party fees may apply for data and Internet access and are your responsibility. Contact your smart phone device carrier for additional information.
- You must have the TouchBanking Mobile Application installed on your smart phone device. The TouchBanking Mobile Application can be downloaded from your device's application store. The Operating System version must be compatible with the latest version of the application as determined by your device's application store.
- You must be enrolled in the E*branch Internet Account Access Service.
Neither we nor our service providers can always foresee or anticipate technical difficulties related to this Service. These difficulties may result in loss of data, personalized settings, or other Remote Deposit Capture Service interruptions. Neither we nor any of our service providers assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalized setting in connection with your use of Remote Deposit Capture Service. You understand and agree that the Remote Deposit Capture Service may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet service provider, cellular service provider, and Internet software. Neither we nor any our service providers assume responsibility for the operation, security, functionality or availability of any Mobile Device, or network which you utilize to access this Service.
Please refer to the Credit Union’s current fee schedule for any fees related to this Service.
HOW TO NOTIFY US IN CASE OF ERRORS
If you believe there has been an error with respect to any original check or image transmitted to the Credit Union for deposit, call us at (786) 425-5050 or (800) 919-5582 or write us at 13241 SW 136th Street, Miami, FL 33186.
CUT-OFF TIME AND CREDIT TO YOUR ACCOUNT
Deposits received prior to 2:00 p.m., Eastern Time, on a business day the Credit Union is open will be credited to your account on the same business day. Deposits received after 2:00 p.m., Eastern Time, or on any day the Credit Union is not open, including holidays, will be credited on the next business day. Business days are defined as Mondays through Fridays with the exception of federal holidays.
Any credit to your account for checks deposited through this Service is provisional. If a check deposited through this Service is dishonored, rejected, or otherwise returned unpaid by the drawee bank for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that the Credit Union may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check, or a substitute check. You will reimburse the Credit Union for all loss, cost, damage or expense caused by or relating to the processing of the returned check. Without the Credit Union’s approval, you will not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
The Credit Union may debit any of your accounts to obtain payment for any item that has been rejected or returned for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
The Credit Union’s policy is to make the first $200 in funds from an image of an item you submit through this Service available to you on the first (1st) business day after the day we receive your deposit. The remainder of your funds will be available on the second (2nd) business day after we receive your deposit. If we are not going to make all of the funds from your deposit available on the second (2nd) business day, we will notify you after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.
You agree to image and deposit only “checks” as that term is defined in Federal Reserve Regulation CC, Availability of Funds and Collection of Checks (“Regulation CC”) (i.e. drafts drawn on a credit union, savings and loan or bank and payable on demand). When the image of the check transmitted to the Credit Union is converted to an “image replacement document” for subsequent presentment and collection, it will thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
REQUIREMENTS OF CHECKS TRANSMITTED
Prior to scanning the check, you must add our required endorsement of “For Mobile Deposit Only”, your signature endorsement, deposit date, and your Credit Union account number to the back of the check. You agree to follow any and all other procedures and instructions for use of this Service as the Credit Union may establish from time to time.
- You must provide the Credit Union a complete, legible and accurate image of the front of the check showing the name of the drawer/payor and signature(s), the paying bank's pre-printed information, MICR encoded information, the name of the payee and the payment amount information.
- You must also provide the Credit Union a complete, legible and accurate image of the back of the check showing your signature endorsement.
All deposits are subject to later verification by us. We may return or refuse to accept all or any part of a deposit to your Account using this Service at any time and will not be liable for doing so even if such action causes checks or other debits to your Account to be dishonored and returned. The current individual item dollar limit is $1,500.00 and the current daily dollar aggregate item limit is $1,500.00. There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded. The following are examples of items not accepted for deposit through this Service (this list is not exhaustive):
- Items made payable to a third party (i.e., any person or entity not a party to the account).
- Items drawn on your account or your affiliate’s account.
- Items displaying a "non-negotiable," "void" or similar notation or watermark.
- Items containing evidence of alteration or other indicators that call into question either the authenticity of the item or your authority to negotiate it.
- Items dated more than six (6) months prior to the date of deposit.
- Items previously converted to a substitute check or items that are remotely created checks as defined by Regulation CC.
- Items issued by or through a financial institution in a foreign country.
- Items not payable in United States currency.
- Items with incomplete or illegible information.
- Items that are savings bonds.
Based on the Check 21 standards, check image quality is required to meet certain specifications. As a member using Remote Deposit Service, there are certain quality controls that need to be in place, including:
- Checks should be written in blue or black ink.
- Handwriting must be legible.
- Checks should be uniform in shape.
- The MICR line must appear to be fully intact.
- Checks should be signed and endorsed as requested by the Credit Union.
- Image must be taken under sufficient lighting.
You are solely responsible for:
- Transmitting to the Credit Union a complete, accurate and legible image of the front and back of the original check without any alteration.
- Paying any overdraft or NSF fee charged by the Credit Union or any third party as a result of the Credit Union's rejection of any item(s), or for any item(s) returned unpaid.
- Ensuring the safekeeping or destruction of the original item after the item has been scanned, transmitted and deposited electronically.
RETENTION AND DISPOSAL OF ITEMS
Upon your receipt of confirmation that the Credit Union has received the image of an item, you agree to mark the item prominently as “Void” and to dispose of the item in a way that prevents it from being presenting again for payment. You agree to retain each item for a period of 60 days and agree to secure each item until such proper disposal is performed. You agree to promptly provide any retained item to us as requested to aid in the clearing and collection process or to resolve claims with respect to any item.
COOPERATION WITH INVESTIGATIONS
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through this Service in your possession and your records relating to such items and transmissions.
By using this Service, you represent and warrant that:
- The item transmitted is a complete, accurate and unaltered item payable to you, that it originated as a paper item, and that you are legally entitled to negotiate it.
- The original check has not and will not be: (i) deposited; (ii) endorsed to a third party; or (iii) otherwise negotiated or submitted for payment, either before or after transmitting the digital image through this Service.
- No other duplicate images of the original check have been made.
- The electronic image of the check, or any substitute check as defined by federal law, will become the representation of the check for all purposes (except funds availability) including return item processing.
- Any files and images transmitted to the Credit Union will not contain any viruses or any other disabling features that may have an adverse impact on the Credit Union's network, data, or related system.
- You will comply with this Disclosure and Agreement and all applicable rules, laws and regulations.
- You are not aware of any factor which may impair the collectability of the item.
- You agree to indemnify and hold harmless the Credit Union from any loss, due in whole or in part, to the breach of this warranty provision.
BY ENROLLING IN THE REMOTE DEPOSIT CAPTURE SERVICE YOU ARE AGREEING TO THE TERMS AND CONDITIONS IN THE REMOTE DEPOSIT CAPTURE DISCLOSURE AND AGREEMENT. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. PLEASE READ THE DISCLOSURE CAREFULLY AND PRINT IT FOR YOUR RECORD. A COPY OF THIS AGREEMENT CAN BE PRINTED BY USING YOUR BROWSER’S PRINT COMMAND AND A PRINTER.
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
- If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- 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;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
- 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.
- Telephone us at 800-877-8021 during Customer Service hours;
- Contact us by using the application's e-messaging feature; and/or,
- Write us at:
- Tell us your name and Service account number;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
- You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
- For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
- You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
- The Service is authorized to report the facts concerning the return to any credit reporting agency.
- Telephone us at 800-877-8021 during Customer Service hours; or,
- Write us at:
- 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. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. "Service Provider" and certain other terms are defined in a "Definitions" section at the bottom of this Agreement.
- Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. 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 will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material and limit access to only the Service's more recent revisions and updates.
- Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Receivers to whom you send payments).
- Assignment. You may not transfer or assign any rights or obligations you have under this Agreement 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.
- Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to:
- Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text messages to any cellphone number that you have provided us, including but not limited to the cellphone number that you have listed in your Service Setup. For example, users of the Service may receive certain notices (such as notices of payment, alerts for validation and receipt of transfers) as text messages on their cellphones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in section 6 above. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to close your account if you withdraw your consent to receive electronic communications.
- Calls to You. By providing us with a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes.
- Receipts and Transaction History. You may view at least six months of your transaction history by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.
- Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
- Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
- Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block and/or reverse such payments:
- Payment Authorization and Payment Remittance.
- Payment Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can send or receive through our Service. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment or an electronic to check payment.
- Payment Cancellation Requests and Refused Payments. Sender may cancel a payment at any time until it begins processing (as shown in the application). Payments not claimed will be automatically cancelled twelve (12) days after the payment is generated. When a Sender sends money, the Receiver is not required to accept it. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a payment made through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after sixty (60) days that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
- Stop Payment Requests. Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. Payments made electronically may not be stopped once they begin processing. We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you as a Sender desire to stop any payment that has already been processed, you must contact customer care for the Service. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
- Your Liability For Unauthorized Transfers. If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
- Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service may receive SMS (short message service) messages relating to their payment such as invitations to register and other notices that they may request. In an invitation to register via SMS text message, we will send you a verification code which you will need to enter to direct your payment to your designated bank account. You will receive SMS messages related to your transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 699274. To stop receiving text messages on your mobile phone, text "STOP" to this number: 699274 .
- Taxes. It is your responsibility to determine what, if any, taxes apply to the payments 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.
- Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
- Failed Or Returned Transactions. In using the Service, you are requesting us to make payments for you from your Transaction Account. If we are unable to complete the transaction for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
- Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting customer care for the Service. Any changes in your Transaction Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Transaction Account or contact information.
- Refused Payments. We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if it decides to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
- Returned Payments. In using the Service, you understand that Receivers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, forwarding address expired; account number is not valid. We will use reasonable efforts to research and correct the returned payment and return it to the Receiver to whom you intended to make a payment, or void the payment and credit your Transaction Account. You may receive notification from us.
- Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Receiver to whom you sent a payment.
- Service Termination, Cancellation, or Suspension. In the event you wish to cancel the Service, you may telephone us at 800-877-8021 during customer care hours; and/or write us at
- Errors, Questions, and Complaints.
- Intellectual Property. "ZashPay" is a trademark of Fiserv, Inc. 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 the Site through which the Service is offered, the technology related to the Site 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 the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our 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 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 rights.
- Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
- Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site 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 the Site or Service without your consent, you must inform us at once at the telephone number provided in section 6 above. See also section 19 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
- Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited 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 the Site 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 the Site, and/or use of the Service for any reason and at any time.
- Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.
- Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and the judgment there may be entered in any court of competent jurisdiction. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration.
- Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated under section 35 above) must be resolved by a court located in Gwinnett County, Georgia. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
- Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.
- Release. If you have a dispute with one or more other users of the Site or the Service, 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 such disputes. In addition, 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 of our 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.
- Exclusions of Warranties. THE SITE 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 THE SITE 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 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, 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 THE SITE 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 THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE 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 DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-8, 11, 21, 23, 30 and 33-41, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.
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