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Clara Vanliere
By opening or continuing to hold an Account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 7 OF THIS AGREEMENT.
We may decline to open an Account or decide to close an Account for any reason at the sole discretion of the Bank or Program Partner. Neither we nor the Service Providers are liable for any damages or liabilities resulting from refusal of an Account relationship or our decision to close your account.
Your Account is subject to security-related transaction limits. You grant to us the right to impose limits on the amount of money sent and received, on a per transaction or a cumulative basis, and to change those limits at any time, without prior notice to you.
When you open an Account, you will be assigned to one of seven (7) tiers: Tier 7, Tier 6, Tier 5, Tier 4, Tier 3, Tier 2, or Tier 1. The tier to which you are assigned determines which transaction limits will apply to your Account. Your assigned tier will affect the transaction limits described in Sections 3.1 and 3.5, as well as funds availability for use of ACH Origination Services as described in Section 5. Your assignment is based on, among other things, various risk-based factors related to your business, your Account, and transaction history. We will inform you of your assigned Account level at the time your Account is opened. We may also reevaluate your Account from time to time, which may result in your Account being assigned to a new tier. We will notify you if your security-related tier assignment changes.
In the event of any inconsistency between this Agreement and the Program Partner Terms of Service and Privacy Notice, this Agreement will govern the relationship between you and the Bank, and the Program Partner Terms of Service will govern the relationship between you and Program Partner.
We reserve the right to refuse to allow you to use an Account if we are unable to obtain or verify information relating to your identity or financial condition. Notwithstanding any steps that we take to verify the information provided to us or our Service Providers, you represent and warrant that all information you provide is complete, truthful, accurate, and up-to-date.
We may also ask for additional information and documents to help us verify your identity or the identity of any Authorized User after an Account has been opened for you. You agree to provide any such information or documents upon request and that we may close your Account if you fail to do so.
You agree that if we receive notification or if we have reason to believe that you or any Authorized User has died or become legally incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identity of your heir, devisee or successor. Until we receive notice and any required proof of death or incapacitation, we may continue to accept deposits and process transactions to your Account. Your estate will be responsible for repaying us for any tax liability resulting from payment of your account balance to your estate. You agree to hold us and our Service Providers harmless for any actions we take based on our belief that you have died or become incapacitated. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice.
By opening an Account, we are establishing an Account relationship with you and committing to act in good faith and to the exercise of ordinary care in our dealings with you as defined by the Uniform Commercial Code as adopted by the Commonwealth of Virginia. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us.
You must notify us immediately if there is a change to your business or trade name, the names of any individual or Authorized User with access to your Account, telephone number, mailing address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account.
You are also responsible for reviewing your Account statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us promptly to avoid losing your money. Please refer to Sections 3.10, 4.4, and 4.5 for information concerning errors and unauthorized activity.
You are solely responsible for maintaining the confidentiality of your login credentials for your Account and Online Banking Services. It is important that you protect your Account information to prevent unauthorized transactions and fraud. Keep your Account number, debit card, ATM card and statements always secure, and be careful about who you share this information with. If Program Partner provides you with access to the Online Banking Services, make sure to also keep your computer or mobile device secure with updated software and avoid accessing the Online Banking Services when others can see your screen.
You acknowledge that if you or anyone authorized to use your Account or Online Banking Services allow a person to gain access to your login credentials, you are authorizing that person to use the Account or Online Banking Services and you will be solely responsible for all actions or transactions that result from such access even if you did not want the transactions performed.
If your Account number, debit card, ATM card, mobile device or Online Banking Services login credentials are lost or stolen, you should notify us or Program Partner immediately to keep your losses to a minimum. Please refer to Section 4.4 for information and applicable deadlines for notifying us of losses or theft.
We do not accept cash deposits in person, by mail, or paper check or foreign currency deposits: We are not liable for deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us.
It is our policy to make deposits made to your Account each business day available for withdrawal according to the table below. The end of the business day is referred to as the "deposit cutoff time". If you make a deposit before our cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cutoff time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.
The availability of funds transferred to your Account from a connected bank account held by another financial institution follow different rules. Please refer to Section 3.7 for more information. In addition, the availability of any funds credited to your Account as a result of transactions initiated via the ACH Origination Service also follow different rules. Please refer to Section 5 for more information.
Credit given by us to you with respect to an ACH credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive final settlement, you acknowledge and agree that we are entitled to a refund from you of the amount credited to you in connection with the ACH credit entry, and the party making payment to you via such entry shall not be deemed to have paid you in the amount of such entry.
Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your Account, we are not required to give next day notice to you of receipt of an ACH item and will not do so. However, we will continue to notify you of the receipt of ACH items through your Account statements.
We may accept on your behalf payments to your Account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the Commonwealth of Virginia, unless otherwise specified in a separate agreement that the law of some other state shall govern.
If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer, or error from your Account without prior notice to you. If there are insufficient funds in your Account at the time, your Account may become overdrawn. Please refer to Section 3.11 concerning overdrafts for more information.
If you have been issued a debit card or ATM card for your Account, there may also be limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any applicable limitations and other terms.
Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request.
For outbound transfers, we will debit your Account with us and credit your Linked Bank Account on the next business day after you initiate the transfer. The financial institution that holds your Linked Bank Account determines when those funds will be made available to you in your Linked Bank Account.
The cut-off time for outbound transfers is 3:00 PM ET. Transfer requests that you make on a business day before the cut-off time will be considered initiated on that day. Transfer requests that you make after the cut-off time, or on a day that is not a business day, will be considered initiated the following business day that we are open.
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