To access
Flushing Bank Online Banking, you need to read and agree to the
Flushing Bank Online Banking Agreement, including important electronic
banking disclosures. If you do not agree to Flushing Bank's Online Banking
Agreement and our separate Privacy Policy, do not consent.
(Please read this
Agreement and retain it for your records)
This Flushing Bank Online Banking
Agreement ("Agreement") between Flushing Bank and you governs
your use of Flushing Bank’s Online Banking Services for accessing your
Accounts, banking and other financial services as described herein and contains
the terms conditions for use of such Services. By consenting to the disclosure
application, you agree, as our customer, to be bound by the terms hereof and
such other terms and conditions as shall be imposed from time to time by
Flushing Bank on notice to you, as provided herein. In addition, by using
the Services, you agree to abide by the terms and conditions of this Agreement.
Any reference to a time in this Agreement (e.g. 10:00 p.m.) shall be to Eastern
Standard Time.
Meaning of Certain
Words.
In this Agreement, the following terms have
the meanings described herein:
Account: A bank account or Deposit Account, you have
or may have at Flushing Bank that you have designated for access under the
Services and which is an Eligible Account. Each of your Accounts at Flushing
Bank is also governed by the applicable Account Disclosure Statement.
Account Disclosure
Statement: Flushing Bank
standard terms and conditions that apply to the applicable Account.
Agreement: This Agreement, all supplements hereto and
all other agreements referred to herein or incorporated by reference herein.
Available Balance: Balance in an Account after crediting only
those deposits that have been collected and made available to you by Flushing
Bank.
Bank, We, Us: Flushing Bank.
Business Day: Any day other than a Saturday, Sunday or a
Federal Holiday.
Credit Account: One of the Accounts described as a
"Credit Account" listed under Eligible Accounts.
Credit Line: Any checking overdraft line of credit you
have or may have at Flushing Bank that you have designated as a credit line to
be accessed under the Flushing Bank Online Banking Services.
Deposit Account: An account that you have designated for
access to Flushing Bank Online Banking Services which is an Eligible Account.
Eligible Account: Any statement savings, checking, certificate
of deposit account or loan account to which we allow access to the Flushing
Bank Online Banking Services.
Flushing Bank Business
Address: The address listed
under Flushing Bank Contact Information or such other address that Flushing
Bank shall designate from time to time.
Flushing Bank Online Banking: Utilization of
the Services under this Agreement to conduct online banking transaction(s)
through the Flushing Bank’s website by means of the use of a computer, Web
Browser, User Name and Password.
Flushing Bank Online
Banking Services: The Services
described herein that are provided to approved Flushing Bank customers under
this Agreement to enable such customers to conduct the online banking
transactions described herein through the Flushing Bank Website.
Flushing Bank Online
Banking Customer Service Solutions Center: The customer service representatives at Flushing Bank
designated to provide Online Banking customer support
Flushing Bank Website: The website www.flushingbank.com established
by Flushing Bank, on the Internet having the URL address indicated under
Flushing Bank Contact Information or such other URL address that Flushing Bank
shall designate from time to time.
Funds Availability
Schedule: The schedule
that sets forth the availability of funds deposited to your Account(s). It
provides information to allow you to determine when funds you deposit or
receive for credit to your Account(s) are available for transfer or withdrawal.
Password: The password that has been selected by you to use in accessing
your Accounts through Flushing Bank Online Banking (and any change to that
password that you have made). You must have the password to conduct Flushing
Bank Online Banking transactions.
Services: The Flushing Bank Online Banking Services
and other services available hereunder.
Statement Account: A Flushing Bank account for which
transaction activity is reported to the account holder on a periodic statement.
Statement Balance: The balance in an Account after crediting
all deposits (including deposits that have not yet been collected by Flushing
Bank) and deducting all withdrawals.
URL: Uniform Resource Locator. The URL is address
used to define the location of a resource on the Internet.
User Name: The User Name that has been selected by you
to use in accessing your Accounts through Flushing Bank Online Banking.
Web Browser: The versions of the commercially available
application programs that have been approved by Flushing Bank for use with
Flushing Bank Online Banking to look at and interact with all the information
on the Internet and the World Wide Web, including the information contained on
the Flushing Bank website.
You and Your: Each person who is authorized to have access
to your Account(s) through Flushing Bank Online Banking in accordance with the
terms of this Agreement.
Types of Available
Transfers and Services. You
may use Flushing Bank Online Banking Services to do the following:
- Balance
Inquiries - Inquire as to
the balance, including the Available Balance, in your Account and obtain
Account activity information for your Accounts. You can obtain balance and
certain transaction history on all Accounts that are enrolled in Flushing Bank
Online Banking.
- Transfer
Funds - Transfer funds
between your qualifying Flushing Bank Accounts on either a one-time or a
recurring basis (subject to the legal restrictions described herein). Where a
transfer is made from a Deposit Account, the Deposit Account must be a
Statement Account.
- Electronic
Bill Payment - Use funds in
your Electronic Bill Payment Account to pay a bill or to make any other payment
to a merchant, institution or individual with a U.S. address.
- E-Statements - You must be an Online Banking User in
order to receive eStatements. You will receive a monthly statement for your
account showing all account activity. The statement will be mailed to the
designated address unless you select our convenient eStatement electronic
statement option. Once you accept the electronic eStatement option, you will be
able to view your statement online. You will receive an email notification when
your statement is available for viewing through our Online Banking system.
Access to these statements will be password protected via your Online Banking
Sign On for your security and protection.
- New
Services - Flushing Bank
may, from time to time, introduce new Online Banking Services and notify you of
the existence of these new Services as they become available. Such Services
generally will be made available to you, at your election, upon your specific
acknowledgment that the terms contained herein shall apply to those Services
and further subject to your agreement to be bound by any new conditions
required by Flushing Bank with respect to those Services.
Requirements. To access your Account(s) through
Flushing Bank Online Banking, you must have an Eligible Account and an
online Password. In addition, you must have the required software.
Certain Account
Transfer Restrictions. Transfers
of funds from Accounts are subject to the restrictions contained in the
applicable Account Disclosure Statement. If a hold has been placed on deposits
made to an Account from which you wish to transfer funds, you cannot transfer
the portion of the funds held until the hold expires.
Electronic Bill
Payment Services. The Services
allow you to schedule Electronic Bill Payments through Flushing Bank
Online Banking.
TERMS AND CONDITIONS OF ELECTRONIC PAYMENT
SERVICES
GENERAL TERMS
FOR EACH SERVICE
- Introduction. This Terms of Service
document (hereinafter "Agreement") is a contract between you and
Flushing Bank (hereinafter "we" or "us") in connection with
each service that is described in the rest of this Agreement that applies to
services you use from us, as applicable (each, a "Service") offered
through our online banking site or mobile applications (the "Site").
The Agreement consists of these General Terms for Each Service (referred to as
"General Terms"), and each set of Terms that follows after the
General Terms that applies to the specific Service you are using from us. This
Agreement applies to your use of the Service and the portion of the Site
through which the Service is offered.
- Service
Providers.
We are offering you the Service through one or more Service Providers that we
have engaged to render some or all of the Service to you on our behalf.
However, notwithstanding that we have engaged such a Service Provider to render
some or all of the Service to you, we are the sole party liable to you for any
payments or transfers conducted using the Service and we are solely responsible
to you and any third party to the extent any liability attaches in connection
with the Service. You agree that we have the right under 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 capitalized terms are defined in a "Definitions"
Section at the end of the General Terms of this Agreement. Other defined terms
are also present at the end of each set of Terms that follows after the General
Terms, as applicable.
- 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 or after the
posting of a revised version of this Agreement on the Site will constitute your
agreement to such changes and revised versions. Further, we may, from time to
time, revise, update, upgrade or enhance the Service and/or related
applications or 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, updates, upgrades or
enhancements.
- 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 recipients 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:
Flushing Bank
P.O. Box 9000
East Meadow, NY 11554
Att: Customer Service.
We may also be
reached at 800.581.2889 for questions and other purposes concerning the
Service. We will act on your telephone calls as described below in Section 22
of the General Terms (Errors, Questions, and Complaints), but otherwise, such
telephone calls will not constitute legal notices under this Agreement.
- 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 message to any mobile phone number that
you have provided us, including but not limited to the mobile phone number that
you have listed in your Service setup or customer profile. For example, users
of the Service may receive certain notices (such as notices of processed
Payment Instructions, alerts for validation and notices of receipt of payments)
as text messages on their mobile phones. 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 of the General Terms
above. We reserve the right to charge you a reasonable fee not to exceed twenty
dollars ($20.00) to respond to each such request. We reserve the right to
terminate your use of the Service if you withdraw your consent to receive
electronic communications.
- Text
Messages, Calls and/or Emails to You. By providing us with a telephone number
(including a wireless/cellular, mobile telephone number and/or email address),
you consent to receiving calls from us and our Service Providers at that number
INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM
("ATDS"), and/or emails from us for our everyday business purposes
(including identify verification). You acknowledge and agree that such telephone
calls include, but are not limited to, live telephone calls, prerecorded or
artificial voice message calls, text messages, and calls made by an ATDS from
us or our affiliates and agents. Please review our Privacy Policy for more
information
- Receipts
and Transaction History. You may view your transaction history by
logging into the Service and looking at your transaction history. You agree to
review your transactions by this method instead of receiving receipts by mail.
- Your Privacy. Protecting your privacy
is very important to us. Please review our Privacy Policy in order to better
understand our commitment to maintaining your privacy, as well as our use and
disclosure of your information.
- 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 unless the minor is using an Eligible Transaction Account
in the name of the minor with a parent or guardian as a co-signor or guarantor.
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, cancel and/or reverse such payments:
- Payments to or
from persons or entities located in prohibited territories (including any
territory outside of the United States); and
- Payments that
violate any law, statute, ordinance or regulation; and
- Payments that
violate the Acceptable Use terms in Section 14 of the General Terms below;
and
- Payments related
to: (1) tobacco products, (2) prescription drugs and devices; (3)
narcotics, steroids, controlled substances or other products that present
a risk to consumer safety; (4) drug paraphernalia; (5) ammunition,
firearms, or firearm parts or related accessories; (6) weapons or knives
regulated under applicable law; (7) goods or services that encourage,
promote, facilitate or instruct others to engage in illegal activity; (8)
goods or services that are sexually oriented; (9) goods or services that
promote hate, violence, racial intolerance, or the financial exploitation
of a crime; (10) goods or services that defame, abuse, harass or threaten
others; (11) goods or services that include any language or images that
are bigoted, hateful, racially offensive, vulgar, obscene, indecent or
discourteous; (12) goods or services that advertise, sell to, or solicit
others; or (13) goods or services that infringe or violate any copyright,
trademark, right of publicity or privacy, or any other proprietary right
under the laws of any jurisdiction; and
- Payments related
to gambling, gaming and/or any other activity with an entry fee and a
prize, including, but not limited to, casino games, sports betting, horse
or dog racing, lottery tickets, other ventures that facilitate gambling,
games of skill (whether or not it is legally defined as a lottery) and
sweepstakes; and
- Payments relating
to transactions that (1) support pyramid or ponzi schemes, matrix
programs, other "get rich quick" schemes or multi-level
marketing programs, (2) are associated with purchases of real property,
annuities or lottery contracts, lay-away systems, off-shore banking or
transactions to finance or refinance debts funded by a credit card, (3)
are for the sale of items before the seller has control or possession of
the item, (4) constitute money-laundering or terrorist financing, (5) are
associated with the following "money service business"
activities: the sale of traveler’s checks or money orders, currency
dealers or exchanges, or check cashing, or (6) provide credit repair or
debt settlement services; and
- Tax payments and
court ordered payments.
In addition to the above-referenced prohibited payments, we
may also block and/or reverse payments that involve donations or payments to an
unauthorized charity or non-profit organization, unless we have performed
appropriate due diligence on and investigation of such charity or non-profit
organization and have determined its legitimacy, in our sole discretion. Except
as required by applicable law, in no event shall we or our Service Providers be
liable for any claims or damages resulting from your scheduling of prohibited
payments. We encourage you to provide notice to us by the methods described in
Section 6 of the General Terms above of any violations of the General Terms or
the Agreement generally.
- Acceptable Use. You agree that you are
independently responsible for complying with all applicable laws in all of your
activities related to your use of the Service, regardless of the purpose of the
use, and for all communications you send through the Service. We and our
Service Providers have the right but not the obligation to monitor and remove
communications content that we find in our sole discretion to be objectionable
in any way. In addition, you are prohibited from using the Service for
communications or activities that: (a) violate any law, statute, ordinance or
regulation; (b) promote hate, violence, racial intolerance, or the financial
exploitation of a crime; (c) defame, abuse, harass or threaten others; (d)
include any language or images that are bigoted, hateful, racially offensive,
vulgar, obscene, indecent or discourteous; (e) infringe or violate any
copyright, trademark, right of publicity or privacy or any other proprietary
right under the laws of any jurisdiction; (f) impose an unreasonable or
disproportionately large load on our infrastructure; (g) facilitate any
viruses, trojan horses, worms or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information; (h) constitute use of any robot, spider, other
automatic device, or manual process to monitor or copy the Service or the
portion of the Site through which the Service is offered without our prior
written permission; (i) constitute use of any device, software or routine to
bypass technology protecting the Site or Service, or interfere or attempt to
interfere, with the Site or the Service; or (j) may cause us or our Service
Providers to lose any of the services from our internet service providers,
payment processors, or other vendors. We encourage you to provide notice to us
by the methods described in Section 6 of the General Terms above of any
violations of the General Terms or the Agreement generally.
- Payment Methods and Amounts. There are limits on
the amount of money you can send or receive through our Service. Your limits
may be adjusted from time-to-time at our sole discretion. You may log in to the
Site to view your individual transaction limits. We or our Service Provider
also reserve the right to select the method in which to remit funds on your
behalf though the Service, and in the event that your Eligible Transaction
Account is closed or otherwise unavailable to us the method to return funds to
you. These payment methods may include, but may not be limited to, an
electronic debit, a paper check drawn on the account of our Service Provider,
or draftdrawn against your account.
- Your Liability for Unauthorized
Transfers.
Immediately following your discovery of an unauthorized Payment Instruction,
you shall communicate with customer care for the Service in the manner set
forth in Section 6 of the General Terms above. You acknowledge and agree that
time is of the essence in such situations. If you tell us within two (2)
Business Days after you discover your password or other means to access your
account through which you access the Service 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 payments 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.
- Taxes. It is your
responsibility to determine what, if any, taxes apply to the transactions you
make or receive, and it is your responsibility to collect, report and remit the
correct tax to the appropriate tax authority. We are not responsible for
determining whether taxes apply to your transaction, or for collecting,
reporting or remitting any taxes arising from any transaction.
- Failed or Returned Payment Instructions. In using the Service,
you are requesting that we or our Service Provider attempt to make payments for
you from your Eligible Transaction Account. If the Payment Instruction cannot
be completed for any reason associated with your Eligible Transaction Account
(for example, there are insufficient funds in your Eligible Transaction
Account, or the Payment Instruction would exceed the credit or overdraft
protection limit of your Eligible Transaction Account, to cover the payment),
the Payment Instruction may or may not be completed. In certain circumstances,
our Service Provider may either advance funds drawn on their corporate account
or via an electronic debit, and in such circumstances will attempt to debit the
Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a
return notice from us or our Service Provider. In each such case, you agree
that:
- You will reimburse our Service Provider
immediately upon demand the amount of the Payment Instruction if the
payment has been delivered but there are insufficient funds in, or
insufficient overdraft credits associated with, your Eligible Transaction
Account to allow the debit processing to be completed;
- You may be assessed a late fee equal to
one and a half percent (1.5%) of any unpaid amounts plus costs of
collection by our Service Provider or their third-party contractor if the
Payment Instruction cannot be debited because you have insufficient funds
in your Eligible Transaction Account, or the transaction would exceed the
credit or overdraft protection limit of your Eligible Transaction Account,
to cover the payment, or if the funds cannot otherwise be collected from
you. The aforesaid amounts will be charged in addition to any NSF charges
that may be assessed by us, as set forth in your fee schedule from us
(including as disclosed on the Site) or your account agreement with us.
You hereby authorize us and our Service Provider to deduct all of these
amounts from your designated Eligible Transaction Account, including by
ACH debit;
- Service Provider is authorized to report
the facts concerning the return to any credit reporting agency.
- 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, physical address, phone numbers and email addresses. Depending on the
Service, changes may be able to be made within the user interface of the
Service or by contacting customer care for the Service as set forth in Section
6 of the General Terms above. We are not responsible for any payment processing
errors or fees incurred if you do not provide accurate Eligible Transaction
Account, Payment Instructions or contact information.
- Information Authorization. Your enrollment in the
applicable Service may not be fulfilled if we cannot verify your identity or
other necessary information. Through your enrollment in or use of each Service,
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, and in accordance
with our Privacy Policy, you agree that we reserve the right to obtain personal
information about you, including without limitation, financial information and
transaction history regarding your Eligible Transaction Account. You further
understand and agree that we reserve the right to use personal information
about you for our and our Service Providers’ everyday business purposes, such
as to maintain your ability to access the Service, to authenticate you when you
log in, to send you information about the Service, to perform fraud screening,
to verify your identity, to determine your transaction limits, to perform
collections, to comply with laws, regulations, court orders and lawful
instructions from government agencies, to protect the personal safety of
subscribers or the public, to defend claims, to resolve disputes, to
troubleshoot problems, to enforce this Agreement, to protect our rights and
property, and to customize, measure, and improve the Service and the content
and layout of the Site. Additionally, we and our Service Providers may use your
information for risk management purposes and may use, store and disclose your
information acquired in connection with this Agreement as permitted by law,
including (without limitation) any use to effect, administer or enforce a
transaction or to protect against or prevent actual or potential fraud, unauthorized
transactions, claims or other liability. We and our Service Providers shall
have the right to retain such data even after termination or expiration of this
Agreement for risk management, regulatory compliance, or audit reasons, and as
permitted by applicable law for everyday business purposes. In addition, we and
our Service Providers may use, store and disclose such information acquired in
connection with the Service in statistical form for pattern recognition,
modeling, enhancement and improvement, system analysis and to analyze the
performance of the Service.
- Service Termination, Cancellation, or
Suspension.
If you wish to cancel the Service, you may contact us as set forth in Section 6
of the General Terms above. Any payment(s) that have begun processing before
the requested cancellation date will be processed by us. You agree that we may
terminate or suspend your use of the Service at any time and for any reason or
no reason. Neither termination, cancellation nor suspension shall affect your
liability or obligations under this Agreement.
- Errors, Questions, and Complaints.
- In case of errors
or questions about your transactions, you should as soon as possible
contact us as set forth in Section 6 of the General Terms above.
- If you think your
periodic statement for your account is incorrect or you need more
information about a transaction listed in the periodic statement for your
account, we must hear from you no later than sixty (60) days after we send
you the applicable periodic statement for your account that identifies the
error. You must:
- Tell us your
name;
- 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.
- If you tell us
orally, we may require that you send your complaint in writing within ten
(10) Business Days after your oral notification. Except as described
below, we will determine whether an error occurred within ten (10)
Business Days after you notify us of the error. We will tell you the
results of our investigation within three (3) Business Days after we
complete our investigation of the error, and will correct any error
promptly. However, if we require more time to confirm the nature of your
complaint or question, we reserve the right to take up to forty-five (45)
days to complete our investigation. If we decide to do this, we will
provisionally credit your Eligible Transaction Account within ten (10)
Business Days for the amount you think is in error. If we ask you to
submit your complaint or question in writing and we do not receive it
within ten (10) Business Days, we may not provisionally credit your
Eligible Transaction Account. If it is determined there was no error we
will mail you a written explanation within three (3) Business Days after
completion of our investigation. You may ask for copies of documents used
in our investigation. We may revoke any provisional credit provided to you
if we find an error did not occur.
- Intellectual Property. All other marks and
logos related to the Service are either trademarks or registered trademarks of
us or our licensors. In addition, all page headers, custom graphics, button
icons, and scripts are our service marks, trademarks, and/or trade dress or
those of our licensors. You may not copy, imitate, or use any of the above
without our prior written consent, which we may withhold in our sole
discretion, and you may not use them in a manner that is disparaging to us or
the Service or display them in any manner that implies our sponsorship or
endorsement. All right, title and interest in and to the Service, the portion
of 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 and
our licensors, shall also be deemed our and our licensors’ exclusive
intellectual property, and shall not be subject to any obligation of
confidentiality on our part. By submitting any such materials to us, you
automatically grant (or warrant that the owner of such materials has expressly
granted) to us and our licensors a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display, create derivative works from and
distribute such materials or incorporate such materials into any form, medium,
or technology now known or later developed, and you warrant that all so-called
"moral rights" in those materials have been waived, and you warrant
that you have the right to make these warranties and transfers of 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 of the General Terms above. See also Section 16 of the
General Terms above regarding how the timeliness of your notice impacts your
liability for unauthorized transfers.
- Remedies. If we have reason to
believe that you have engaged in any of the prohibited or unauthorized
activities described in this Agreement or have otherwise breached your
obligations under this Agreement, we may terminate, suspend or limit your
access to or use of 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 or
no reason and at any time. The remedies contained in this Section 26 of the
General Terms are cumulative and are in addition to the other rights and
remedies available to us under this Agreement, by law or otherwise.
- Disputes. In the event of a
dispute regarding the Service, you and we agree to resolve the dispute by
looking to this Agreement.
- 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, their representatives 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 may be submitted to any court of competent jurisdiction for confirmation.
The parties acknowledge that remedies available under federal, state and local
laws remain available through arbitration. NO CLASS ACTION, OTHER
REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR
CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN
ARBITRATION.
- Law and Forum for Disputes. Unless our account
agreement with you states otherwise, this Agreement shall be governed by and
construed in accordance with the laws of the State in which you reside, 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. Unless our account agreement with you states
otherwise, you agree that any claim or dispute you may have against us (other
than those which are arbitrated under Section 28 of the General Terms above)
must be resolved by a court located in the county in which you reside. You
agree to submit to the personal jurisdiction of such courts for the purpose of
litigating all claims or disputes unless said claim is submitted to arbitration
under Section 28 of the General Terms of this Agreement. 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
their Affiliates and the employees and contractors of each of these, from any
loss, damage, claim or demand (including attorney’s 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 applicable Service.
- Release. You release us and our
Affiliates and Service Providers and the employees and contractors of each of
these, from any and all claims, demands and damages (actual and consequential)
of every kind and nature arising out of or in any way connected with any
dispute that may arise between you or one or more other users of the Site or
the applicable Service. In addition, if applicable to you, you waive California
Civil Code §1542, which states that a general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if not known by him must have materially
affected his settlement with the debtor.
- No Waiver. We shall not be deemed
to have waived any rights or remedies hereunder unless such waiver is in
writing and signed by one of our authorized representatives. No delay or
omission on our part in exercising any rights or remedies shall operate as a
waiver of such rights or remedies or any other rights or remedies. A waiver on
any one occasion shall not be construed as a bar or waiver of any rights or
remedies on future occasions.
- 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
INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR
SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE
FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT
OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT
SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS
OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR
LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY
OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF
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 28 AND 29 OF THE GENERAL TERMS 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. You agree that this Agreement is the complete
and exclusive statement of the agreement between us, sets forth the entire
understanding between us and you with respect to the Service and the portion of
the Site through which the Service is offered and supersedes any proposal or
prior agreement, oral or written, and any other communications between us. 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 in this Agreement are for convenience only and shall not
control or affect the meaning or construction of any of the provisions of this
Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as
well as any other terms which by their nature should survive, will survive the
termination 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 the Agreement
will prevail.
- Definitions.
- "ACH
Network" means the funds transfer system, governed by the NACHA Rules,
that provides funds transfer services to participating financial
institutions.
- "Affiliates"
are companies related by common ownership or control.
- "Business
Day" is every Monday through Friday, excluding Federal Reserve
holidays or other days that banks are legally closed.
- "Eligible
Transaction Account" is a transaction account from which your
payments will be debited, your Service fees, if any, will be automatically
debited, or to which payments and credits to you will be credited, that is
eligible for the Service. Depending on the Service, an Eligible
Transaction Account may include a checking, money market or other direct
deposit account, credit card account, or debit card account, including any
required routing information.
- "Payment
Instruction" is the information provided for a payment to be made
under the applicable Service, which may be further defined and described
below in connection with a specific Service.
- "Payment
Network" means a debit or credit network (such as the ACH Network or
ACCEL / Exchange payment network) through which funds may be transferred.
- "Service
Provider" means companies that we have engaged (and their Affiliates)
to render some or all of the Service to you on our behalf.
ACCOUNT TO
ACCOUNT TRANSFERS ADDITIONAL TERMS
1. Description of
Service, Authorization and Processing.
- The term “Transfer
Money Terms” means these Account to Account Transfers Additional
Terms. The Account to Account
transfer service (for purposes of these Transfer Money Terms, and the
General Terms as they apply to these Transfer Money Terms, the
"Service") enables you to transfer funds between your Account(s)
that you maintain with us on the one hand, and your Account(s) that are
maintained by other financial institutions, on the other hand. You represent
and warrant that you are either the sole owner or a joint owner of the
Eligible Transaction Account and the External Account and that you have
all necessary legal right, power and authority to transfer funds between
the Eligible Transaction Account and the External Account. If you are a
joint owner of the Eligible Transaction Account, External Account, or
both, then you represent and warrant that (i) you have been authorized by
all of the other joint owners to operate such Accounts without their consent
(including without limitation to withdraw or deposit any amount of funds
to such Accounts or to even withdraw all funds from such Accounts); and
(ii) we may act on your instructions regarding such Accounts without
liability to such other joint owners. Further, you represent and warrant
that the External Account is located in the United States.
- When we receive a
Transfer Instruction from you, you authorize us to (i) debit your Eligible
Transaction Account and remit funds on your behalf to the External Account
designated by you and to debit your applicable Account as described below
in Section 5 of the Transfer Money Terms (Service Fees and Additional
Charges); or, as applicable, to (ii) credit your Eligible Transaction
Account and remit funds on your behalf from the External Account
designated by you and to debit your applicable Account as described below
in Section 5 of the Transfer Money Terms (Service Fees and Additional
Charges). You also authorize us to reverse a transfer from the applicable
Account if the debit is returned from the other Account in the transaction
for any reason, including but not limited to nonsufficient funds.
- We will use
reasonable efforts to make all your transfers properly. However, we shall
incur no liability if we are unable to complete any transfers initiated by
you because of the existence of any one or more of the following
circumstances:
- If, through no
fault of ours, the Eligible Transaction Account or External Account does
not contain sufficient funds to complete the transfer or the transfer
would exceed the credit limit of your overdraft account;
- The Service is
not working properly and you know or have been advised by us about the
malfunction before you execute the transaction;
- The transfer is
refused as described in Section 6 of the Transfer Money Terms below;
- You have not
provided us with the correct information, including but not limited to
the correct Eligible Transaction Account or External Account information;
and/or,
- Circumstances
beyond our control (such as, but not limited to, fire, flood, network or
system down time, issues with the financial institution(s), or
interference from an outside force) prevent the proper execution of the
transfer and we have taken reasonable precautions to avoid those circumstances.
- It is your
responsibility to ensure the accuracy of any information that you enter
into the Service, and for informing us as soon as possible if you become
aware that this information is inaccurate. You may not use a P.O. Box as a
postal address. We will make a reasonable effort to stop or recover a
transfer made to the wrong Account once informed, but we do not guarantee
such recovery and will bear no responsibility or liability for damages
resulting from incorrect information entered by you.
2. Transfer Methods and
Amounts.
Section 15 of the General Terms (Payment Methods and Amounts) applies to the
Service, even in circumstances where the External Account is closed and we are
attempting to return funds to such Account.
3. Transfer Cancellation
Requests and Refused Transfers. You may cancel a transfer at any time until it
begins processing (as shown in the Service). We will, to the extent permitted
by law, make reasonable attempts to return any unclaimed, refused, refunded,
prohibited, or denied transfer to your Account that we debited for the funds
transfer. If this is unsuccessful (for example, the Eligible Transaction
Account has been closed) we will make reasonable attempts to otherwise return
the funds to you.
4. Stop Payment
Requests.
If you desire to stop any transfer that has already been processed, you must
contact customer care for the Service pursuant to Section 22 of the General
Terms. 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
request will be the current charge for such service as set out in the
applicable fee schedule.
5. Service Fees and
Additional Charges. You are responsible for paying all fees associated with
your use of the Service. Applicable fees will be disclosed in the user
interface for, or elsewhere within, the Service or Site. Any applicable fees
will be charged regardless of whether the Service was used, except for fees
that are specifically use-based. Use-based fees for the Service will be charged
against the Account that is debited for the funds transfer. There may also be
charges for additional transactions and other optional services. You agree to
pay such charges and authorize us to deduct the calculated amount from the
applicable Eligible Transaction Account you hold with us or the Account that is
debited for the funds transfer, depending on how such charges are described in
the user interface for the Service. Any financial fees associated with your
standard deposit accounts will continue to apply. You are responsible for any
and all telephone access fees and Internet service fees that may be assessed by
your telephone and Internet service provider. Section 18 of the General Terms
(Failed Or Returned Payment Instructions) applies if you do not pay our fees
and charges for the Service, including without limitation if we debit the
External Account for such fees, as described in this Section, and there are
insufficient fees in the External Account; Section 18 of the General Terms
should be interpreted as applying to the External Account, not just the
Eligible Transaction Account, in such circumstances.
6. Refused Transfers. We reserve the right
to refuse any transfer. As required by applicable law, we will notify you
promptly if we decide to refuse to transfer funds.
7. Returned Transfers. In using the Service,
you understand transfers may be returned for various reasons such as, but not
limited to, the External Account number is not valid. We will use reasonable
efforts to research and correct the transfer to the intended Account or void
the transfer and credit your Account from which you attempted to transfer
funds. You may receive notification from us.
8. Definitions
"Account"
means a checking, money market or savings account that is either an Eligible
Transaction Account or External Account, as applicable.
"Eligible
Transaction Account" is as defined in Section 36 of the General Terms,
except that it shall be limited to a checking, money market or savings account
that you hold with us.
"External
Account" is your account at another financial institution (i) to which you
are transferring funds from your Eligible Transaction Account; or (ii) from
which you are transferring funds to your Eligible Transaction Account.
"Transfer
Instruction" is a specific Payment Instruction (as defined in Section 36
of the General Terms) that you provide to the Service for a transfer of funds.
POPMONEY®
PAYMENTS SERVICE ADDITIONAL TERMS
1. Description of
Service.
- The term “Popmoney
Terms” means these Popmoney Payments Service Additional Terms. "Popmoney" is a trademark of
CashEdge Inc. or its Affiliates. The Popmoney Service (for purposes of
these Popmoney Terms, and the General Terms as it applies to these
Popmoney Terms, the "Service") enables you: (1) to initiate a
Payment Instruction from an Eligible Transaction Account to an account at
a U.S. financial institution; and/or (2) to receive a payment from another
person into an Eligible Transaction Account, in U.S. dollars. Although the
ACH Network is often used to execute Popmoney Service Payment Instructions
for the Popmoney Service, other Payment Networks may be used to facilitate
the execution and transmission of Payment Instructions. All payments must
be made through the Site and are subject to the terms of this Agreement
and applicable laws and regulations, in each case as in effect from time
to time. Receipt of payments may be made through the Site and is subject
to the terms of this Agreement and applicable laws and regulations, in
each case as in effect from time to time. In some instances, receipt of
payments may be made through www.Popmoney.com (the "Popmoney
Website") and if you choose to initiate or receive a payment at the
Popmoney Website you acknowledge and agree that you shall be subject to
the terms of other agreements, including, but not limited to, the
"terms of use" for the Popmoney Website and applicable laws and
regulations, in each case as in effect from time to time.
- The Instant
Payments feature within the Popmoney Service (“Popmoney Instant Payments”)
uses Payment Networks designed to transfer funds on the same day or
sooner, if practicable, to debit or credit funds to the Eligible Transaction
Account of the Receiver, as applicable.
Popmoney Instant Payments is only available for Payment
Instructions submitted by a Sender to a Receiver (and not via a Popmoney
Request). Not all Payment Networks
participate in Popmoney Instant Payments.
Popmoney Instant Payments are not instantaneous. Payment delivery speed may vary based
upon the funds availability policy of each financial institution and
Payment Network availability.
2. Payment
Authorization and Payment Remittance.
- By providing us
with names and telephone numbers, email addresses, and/or bank account
information of Receivers to whom you wish to direct payments, you
authorize us to follow the Payment Instructions that we receive through
the Service. Once registered, you authorize us to credit your Eligible
Transaction Account for payments remitted to you on behalf of a Sender
without further approval from you.
- When we receive a
Payment Instruction from you, you authorize us to debit your Eligible
Transaction Account for the amount of any such Payment Instruction plus
any related fees in effect (and as disclosed on the Site) at the time you
initiate the Payment Instruction, and to remit funds on your behalf. You
acknowledge and agree that any applicable fees will be charged when we receive
a Payment Instruction from you, regardless of whether the Payment
Instruction is ultimately completed. You also authorize us to credit your
Eligible Transaction Account for the receipt of payments, including but
not limited to those payments returned to us from Receivers to whom you
sent payment(s) and those payments that were cancelled and returned to you
because the processing of the Payment Instruction could not be completed.
- You acknowledge
and agree that if your Payment Instructions identify an account by name
and account number, the relevant financial institution may execute those
Payment Instructions by reference to the account number only, even if such
account number does not correspond to the account name. You further
acknowledge and agree that financial institutions holding the account may
choose to not investigate discrepancies between account names and account
numbers. We have no responsibility to investigate discrepancies between
account names and account numbers, outside of our obligations under the
law to investigate errors, described above in Section 22 of the General
Terms (Errors, Questions, and Complaints).
- You agree that we
will not be liable in any way for any payments that you may receive,
regardless of whether you authorized the Sender to send them to you.
- We will use
reasonable efforts to complete all your Payment Instructions properly.
However, we shall incur no liability if we are unable to complete any
transaction because of the existence of any one or more of the following
circumstances:
- If, through no
fault of ours, the Eligible Transaction Account does not contain
sufficient funds to complete the Payment Instruction or the Payment
Instruction would exceed the credit limit of your overdraft account;
- The Service is not
working properly and you know or have been advised by us about the
malfunction before you execute the Payment Instruction;
- The payment is
refused as described in Section 5 of the Popmoney Terms below;
- You have not
provided us with the correct information, including but not limited to
the correct Payment Instructions or Eligible Transaction Account
information, or the correct name and address or mobile phone number of
the Receiver to whom you are initiating a Payment Instruction; and/or,
- Circumstances beyond
our control (such as, but not limited to, fire, flood, network or system
down time, issues with the financial institution, or interference from an
outside force) prevent the proper execution of the Payment Instruction.
- It is the
responsibility of the Sender and the Receiver to ensure the accuracy of
any information that they enter into the Service (including but not
limited to the Payment Instructions and name, telephone number and/or
email address for the Receiver to whom you are attempting to send a
payment), and for informing us as soon as possible if they become aware
that this information is inaccurate. We will make a reasonable effort to
stop or recover a payment made to the wrong person or entity once
informed, but we do not guarantee such stoppage or recovery and will bear
no responsibility or liability for damages resulting from incorrect
information entered by the Sender or Receiver.
- Popmoney Instant
Payments:
We are not responsible for the performance, speed, or other acts or
omissions of the Payment Networks. Notwithstanding anything to the
contrary in the Agreement, Popmoney Instant Payments settlements are final
except as set forth in the applicable Payment Network rules and recovery
may not be possible; however, if applicable Payment Network rules allow
for reversal of funds, we will attempt to recover such funds from the
Receiver’s Eligible Transaction Account.
We shall not be obligated to comply with the Automated
Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection
with Popmoney Instant Payments. We
are only responsible for delivery of the applicable Payment Instructions
to the applicable Payment Network in the format required by the applicable
Payment Network’s specifications. We will choose the Payment Networks in
which we will participate in our sole discretion.
3. Initiation of
Payment Instructions. You may initiate (a) a one-time Payment Instruction to a
Receiver for which processing shall be initiated immediately, (b) a one-time
Payment Instruction to a Receiver for which processing shall be initiated at a
later specified date up to one (1) year, and (c) a recurring series of Payment
Instructions to a Receiver for which processing shall be initiated on the
specified dates. Options (b) and (c) above are not available for Popmoney
Instant Payments. Further details about each of these options can be found on
the Site.
Payment
Instructions initiated to Receivers are processed in two ways. You can provide
all the required information about the Receiver, including his/her Eligible
Transaction Account, necessary to complete a transfer of funds. Alternatively,
you can provide contact information about the Receiver (including an email
address and/or mobile telephone number) and the Popmoney Service may contact the
Receiver and request that the Receiver (i) provide information so that we may
validate the identity of the Receiver at the Popmoney Website and then (ii)
provide Eligible Transaction Account information in order to complete the
Payment Instruction (a "Two-Step Transfer"). If the Receiver
maintains an Eligible Transaction Account with an institution that participates
in or offers the Popmoney Service, the Receiver may access the Popmoney Service
at his or her financial institution’s website or mobile application to complete
the Payment Instruction and receive the payment.
For Popmoney
Instant Payments, you can initiate a Payment Instruction using (i) the
Receiver’s email address or mobile number, and the Popmoney Service will
validate the Popmoney Instant Payments eligibility of the Receiver prior to
transferring the funds; or (ii) the Receiver’s debit card information, and the
funds will be immediately deposited into the Receiver’s checking or savings
account affiliated with the debit card. Not all Payment Networks participate in
Popmoney Instant Payments. Payment delivery speed may vary based upon the funds
availability policy of each financial institution and Payment Network
availability.
You understand
and agree that when you initiate a Payment Instruction from an Eligible
Transaction Account using the Popmoney Service, the processing of the Payment
Instruction will begin and the debiting of your Eligible Transaction Account
will occur as early as the day of such initiation. However, other than with
respect to Popmoney Instant Payments, the payment funds will be transferred
into the Receiver's Eligible Transaction Account no earlier than the next
Business Day after you initiated the Payment Instruction. If you request a
one-time Payment Instruction to be initiated on a specified date or a recurring
series of Payment Instruction to be initiated on specified dates, then the
processing of the Payment Instruction will begin on the specified date and the
debiting of your Eligible Transaction Account will occur as early as the
specified date(s). However, the payment funds will be transferred into the
Receiver’s Eligible Transaction Account no earlier than the next Business Day
following the specified date. In addition, in the case of all Two-Step
Transfers, the deposit of the payment funds into the Receiver’s Eligible
Transaction Account (even if debited or withdrawn from your Eligible
Transaction Account) may be delayed if the Receiver has not provided the
Popmoney Service with certain required information such as his or her Eligible
Transaction Account information. The Site may contain additional information
regarding the delivery of a payment to an Eligible Transaction Account.
You
acknowledge and agree that we will begin to process the requested transfer of
funds once the Receiver has provided (or we otherwise obtain) all required
information, and you hereby authorize and direct us to retain such funds until
the earlier of such time as the Receiver has provided (or we otherwise obtain)
all required information or ten (10) Business Days. You further acknowledge and
agree that our receipt of money to be transmitted to a Receiver shall not be
deemed to have occurred and our obligation to complete a Payment Instruction
shall not begin until such time as the Receiver provides us with (or we
otherwise obtain) all required information necessary to process the related
Payment Instruction in accordance with this Agreement. Any cancellation of a
Payment Instruction prior to the Receiver providing us with such information shall
be subject to the provisions of Section 5 of the Popmoney Terms, below.
4. Receiving Payments. If another person
wants to initiate a Payment Instruction (including in response to a Popmoney
Request, if applicable) using the Popmoney Service to an Eligible Transaction
Account you hold or, as applicable, if you as a Requestor want to initiate a
Popmoney Request, he, she or you can do that from the Site or from an Eligible
Transaction Account at a financial institution that participates in the
Popmoney Service or at the Popmoney Website.
You understand
and agree that there may be a delay between the time you are notified of the
pending Payment Instruction and the deposit of the payment funds into your
Eligible Transaction Account, and you may be required to take additional steps
to facilitate the deposit of the payment of funds into your Eligible
Transaction Account. You authorize the Sender, the financial institution which
holds the Sender's Eligible Transaction Account and us (including through the
Site) to send emails to you and text messages to your mobile phone in
connection with the Sender's initiation of Payment Instructions to you, and, as
a Receiver, you may also receive Popmoney Requests from others through the
Service.
You
acknowledge and agree that in the event that funds are transferred into your
Eligible Transaction Account as a result of a Payment Instruction and it is
determined that such transfer was improper because it was not authorized by the
sender, because there were not sufficient funds in the sender's account, or for
any other reason, then you hereby authorize us or our Service Provider to
withdraw from your Eligible Transaction Account an amount equal to the amount
of funds improperly transferred to you.
If applicable,
if you as a Requestor initiate a Popmoney Request using the Service you
acknowledge and agree that as disclosed on the Site (a) the applicable service
fee will be deducted from payments received by you from a Sender(s), and (b) no
service fee will be charged if you as the Requestor do not receive any payments
from the individuals to whom the Popmoney Request is sent. Further details
about the foregoing can be found on the Site. You acknowledge and agree that
individuals to whom you send a Popmoney Request may not receive, or otherwise
may reject or ignore, your Popmoney Request. We do not guarantee that you will
receive any payments from individuals by initiating a Popmoney Request.
5. Payment
Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the
initiation of a Payment Instruction or stop a Payment Instruction at any time
until the processing of the Payment Instruction into the Receiver’s Eligible
Transaction Account has begun. Popmoney Instant Payments Payment Instructions
may not be cancelled as the Payment Instructions will be processed immediately.
Our ability to stop a Payment Instruction or recover funds associated with an
unauthorized Payment Instruction will depend on the manner in which the Payment
Instruction was initiated, and whether the Payment Instruction to the
Receiver’s Eligible Transaction Account has begun processing. Although we will
make a reasonable effort to accommodate a stop payment request and to recover
funds associated with an unauthorized Payment Instruction, we will have no
liability for failing to do so. We may also require you to present your stop
payment request or request to recover funds in writing within fourteen (14)
days after contacting customer care. If we charge you to stop the payment or
recover funds, then the charge for each stop payment or fund recovery request
will be the current charge as set out in our current fee schedule. Payments not
claimed by a Receiver will be automatically cancelled ten (10) days after the
processing of the payment begins. When a Sender initiates a Payment
Instruction, the Receiver is not required to accept the payment. 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 Instruction initiated
or attempted 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 Eligible Transaction Account or use other reasonable
efforts to return such payment to you as permitted by law.
6. Mobile Phone Users. Your phone service
provider is not the provider of the Service. Users of the Service will receive
text messages relating to their Payment Instructions and other notices from
time to time if a mobile phone number is provided. Data and messaging charges
from your telecommunications provider may apply, and you are responsible for
any such charges. In the event your enrolled mobile device is lost or stolen,
you agree to update your enrollment information and make the appropriate
changes to disable the use of such device. 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: 767666. To stop receiving text messages on your mobile phone, text
"STOP" to this number: 767666.
7. Service Fees and
Additional Charges. You are responsible for paying all fees associated with
your use of the Service. Applicable fees will be disclosed in the user
interface for, or elsewhere within, the Service or Site. YOU FURTHER
ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF
WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE
THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are
specifically use-based, such as Popmoney Request, if applicable. 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 Eligible Transaction Account for these amounts and any additional
charges that may be incurred by you. Any financial fees associated with your
standard deposit accounts (or Other Eligible Transaction Accounts) will
continue to apply. You are responsible for any and all telephone access fees
and Internet service fees that may be assessed by your telephone and Internet
service provider. Section 18 of the General Terms (Failed Or Returned Payment
Instructions) applies if you do not pay our fees and charges for the Service,
including without limitation if we debit the Eligible Transaction Account for
such fees, as described in this Section, and there are insufficient fees in the
Eligible Transaction Account.
8. Refused Payments. We reserve the right
to refuse to pay any Receiver. We will attempt to notify the Sender promptly if
we decide to refuse to pay a Receiver designated by the Sender.
9 Returned Payments. In using the Service,
you understand that Receivers may reject Payment Instructions or otherwise
return payments. We will use reasonable efforts to complete Payment
Instructions initiated through the Service.
10. Definitions.
"Popmoney
Request" means functionality that, if provided to you, allows a Requestor
to request that another individual initiate a Payment Instruction to the
Requestor through the Popmoney Service.
"Receiver"
is a person or business entity that is sent a Payment Instruction through the
Service.
"Requestor"
is a person that requests an individual to initiate a Payment Instruction
through the Popmoney Service.
"Sender"
is a person or business entity that sends a Payment Instruction through the
Service.
BILL PAYMENT
SERVICE ADDITIONAL TERMS
1. Description of
Service.
The term “Bill Payment Terms” means these Bill Payment Service Additional
Terms. The bill payment service (for
purposes of these Bill Payment Terms, and the General Terms as they apply to these
Bill Payment Terms, the "Service") enables you to receive, view, and
pay bills from the Site.
2. Payment Scheduling. The earliest possible
Scheduled Payment Date for each Biller will be designated within the portion of
the Site through which the Service is offered when you are scheduling the
payment. Therefore, the Service will not permit you to select a Scheduled
Payment Date less than the earliest possible Scheduled Payment Date designated
for each Biller. When scheduling payments you must select a Scheduled Payment
Date that is no later than the actual Due Date reflected on your Biller
statement unless the Due Date falls on a non-Business Day. If the actual Due
Date falls on a non-Business Day, you must select a Scheduled Payment Date that
is at least one (1) Business Day before the actual Due Date. Scheduled Payment
Dates must be prior to any late date or grace period. Depending on the method
of payment, your Eligible Transaction Account may be debited prior to the
Scheduled Payment Date. For example, if the selected method of payment is a
draft, the draft arrives earlier than the Scheduled Payment Date due to
expedited delivery by the postal service, and the Biller immediately deposits
the draft, your Eligible Transaction Account may be debited earlier than the
Scheduled Payment Date.
3. The Service
Guarantee.
Due to circumstances beyond the control of the Service, particularly delays in
handling and posting payments by Billers or financial institutions, some
transactions may take longer to be credited to your account. The Service will
bear responsibility for any late payment related charges up to $50.00 should a
payment post after its Due Date as long as the payment was scheduled in
accordance with the Section 2 of the Bill Payment Terms (Payment Scheduling).
4. Payment
Authorization and Payment Remittance. By providing the Service with names and
account information of Billers to whom you wish to direct payments, you
authorize the Service to follow the Payment Instructions that it receives
through the Site. In order to process payments more efficiently and
effectively, the Service may edit or alter payment data or data formats in
accordance with Biller directives.
When the
Service receives a Payment Instruction, you authorize the Service to debit your
Eligible Transaction Account and remit funds on your behalf so that the funds
arrive as close as reasonably possible to the Scheduled Payment Date designated
by you. You also authorize the Service to credit your Eligible Transaction
Account for payments returned to the Service by the United States Postal
Service or Biller, or payments remitted to you on behalf of another authorized
user of the Service.
The Service
will attempt to make all your payments properly. However, the Service shall
incur no liability and any Service Guarantee (as described in Section 3 of the
Bill Payment Terms) shall be void if the Service is unable to complete any
payments initiated by you because of the existence of any one or more of the
following circumstances:
- If, through no
fault of the Service, your Eligible Transaction Account does not contain
sufficient funds to complete the transaction or the transaction would
exceed the credit limit of your overdraft account;
- 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 Eligible Transaction 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.
Provided none
of the foregoing exceptions are applicable, if the Service causes an incorrect
amount of funds to be removed from your Eligible Transaction Account or causes
funds from your Eligible Transaction Account to be directed to a Biller which
does not comply with your Payment Instructions, the Service shall be
responsible for returning the improperly transferred funds to your Eligible
Transaction Account, and for directing to the proper Biller any previously
misdirected transactions, and, if applicable, for any late payment related
charges.
5. Payment Cancellation
Requests.
You may cancel or edit any Scheduled Payment (including recurring payments) by
following the directions within the portion of the Site through which the
Service is offered. There is no charge for canceling or editing a Scheduled
Payment. Once the Service has begun processing a payment it cannot be cancelled
or edited, therefore a stop payment request must be submitted.
6. Stop Payment
Requests.
The Service's ability to process a stop payment request will depend on the
payment method and whether or not a check has cleared. The Service may also not
have a reasonable opportunity to act on any stop payment request after a
payment has been processed. If you desire to stop any payment that has already
been processed, you must contact customer care for the Service in the manner
set forth in Section 22 of the General Terms above. Although the Service will
attempt to accommodate your request, the Service will have no liability for
failing to do so. The Service 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.
7. Exception Payments
Requests.
Exception Payments may be scheduled through the Service, however Exception
Payments are discouraged and must be scheduled at your own risk. Except as
required by applicable law, in no event shall the Service be liable for any
claims or damages resulting from your scheduling of Exception Payments. . The
Service Guarantee (as described in Section 3 of the Bill Payment Terms) does
not apply to Exception Payments.
8. Bill Delivery and
Presentment.
The Service includes a feature that electronically presents you with electronic
bills from select Billers. Electronic bills may not be available from all of
your Billers. Electronic bills are
provided as a convenience only, and you remain solely responsible for
contacting your Billers directly if you do not receive their statements. In
addition, if you elect to activate one of the Service's electronic bill
options, you also agree to the following:
- Presentation of
electronic bills
– You will receive electronic bills from a Biller only if both: (a) you
have designated it in the Service as one of your Billers, and (b) the
Biller has arranged with our Service Provider to deliver electronic
bills. The Service may then present
you with electronic bills from that Biller if either: (1) you
affirmatively elect online within the Service to receive electronic bills
from the Biller, or (2) the Biller chooses to send you electronic bills on
a temporary “trial basis.” In either case, you can elect online within the
Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills,
automatically receiving trial electronic bills, and declining further
elected or trial electronic bills all occur on an individual Biller basis.
The Service does not include an option to prevent ever participating in
the automatic trial electronic bill feature. When affirmatively electing
to receive electronic bills from a particular Biller, you may be presented
with terms from that Biller for your acceptance. We are not a party to such terms.
- Paper Copies of
electronic bills
– If you start receiving electronic bills from a Biller, the Biller may
stop sending you paper or other statements. The ability to receive a paper copy of
your statement(s) is at the sole discretion of the Biller. Check with the individual Biller
regarding your ability to obtain paper copies of electronic bills on a
regular or as-requested basis.
- Sharing
Information with Billers –
You authorize us to share identifying personal information about
you (such as name, address, telephone number, Biller account number) with
companies that you have identified as your Billers and which we have
identified as offering electronic bills for purposes of matching your
identity on the Service’s records and the Biller’s records to (a) activate
your affirmative request for electronic bills, and/or (b) confirm your
eligibility for “trial basis” electronic bills.
- Information held
by the Biller.
We are unable to update or change your personal information such as, but
not limited to, name, address, phone numbers and email addresses, that is
held by the Biller. Any changes will require you to contact the Biller
directly. Additionally it is your responsibility to maintain all usernames
and passwords for all electronic Biller sites. You also agree not to use
someone else's information to gain unauthorized access to another person's
bill. We may, at the request of the Biller, provide to the Biller your
email address, service address, or other data specifically requested by
the Biller for purposes of the Biller matching your identity against its
records or informing you about the Biller’s services and/or bill
information.
- Activation. We will notify
the Biller of your request to receive electronic billing information. The
presentment of your first electronic bill may vary from Biller to Biller
and may take up to sixty (60) days, depending on the billing cycle of each
Biller. While your electronic bill feature is being activated it is your
responsibility to keep your accounts current. Each electronic Biller
reserves the right to accept or deny your request to receive electronic
bills.
- Authorization to
obtain bill data. You authorize us to obtain bill data from your
Billers that you have requested to send you electronic bills, and from
your Billers that wish to send you trial electronic bills. For some
Billers, you will be asked to provide us with your user name and password
for that Biller. By providing us with such information, you authorize us
to use the information to obtain your bill data.
- Notification. We will attempt
to present all of your electronic bills promptly. In addition to
notification within the Service, we may send an e-mail notification to the
e-mail address listed for your account. It is your sole responsibility to
ensure that this information is accurate. In the event you do not receive
notification, it is your responsibility to periodically logon to the
Service and check on the delivery of new electronic bills. The time for
notification may vary from Biller to Biller. You are responsible for
ensuring timely payment of all bills.
- Cancellation of
electronic bill notification. The electronic Biller reserves the right
to cancel the presentment of electronic bills at any time. You may cancel
electronic bill presentment at any time. The timeframe for cancellation of
your electronic bill presentment may vary from Biller to Biller. It may
take up to sixty (60) days, depending on the billing cycle of each Biller.
We will notify your electronic Biller(s) as to the change in status of your
account and it is your sole responsibility to make arrangements for an
alternative form of bill delivery. We will not be responsible for
presenting any electronic bills that are already in process at the time of
cancellation.
- Non-Delivery of
electronic bill(s). You agree to hold us harmless should the Biller fail
to deliver your statement(s). You are responsible for ensuring timely
payment of all bills. Copies of previously delivered bills must be
requested from the Biller directly.
- Accuracy and
dispute of electronic bill. We are not responsible for the accuracy
of your electronic bill(s). We are only responsible for presenting the
information we receive from the Biller. Any discrepancies or disputes
regarding the accuracy of your electronic bill summary or detail must be
directly addressed and resolved with the Biller by you.
This Agreement
does not alter your liability or obligations that currently exist between you
and your Billers.
9. Disclosure of
Account Information to Third Parties. It is our general policy to treat your
account information as confidential. However, we will disclose information to
third parties about your account or the transactions you make in the following
situations pursuant to our Privacy Policy (as further described in Section 10
(Your Privacy) of the General Terms), in addition to the circumstances set
forth in Section 20 of the General Terms (Information Authorization):
- 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.
10. Service Fees and
Additional Charges. You are responsible for paying all fees associated with
your use of the Service. Applicable fees will be disclosed in the user
interface for, or elsewhere within, the Service or Site. Any applicable fees
will be charged regardless of whether the Service was used, except for fees
that are specifically use-based. Use-based fees for the Service will be charged
against the Billing Account. There may also be charges for additional
transactions and other optional services. There may be a charge for additional
transactions and other optional services. You agree to pay such charges and
authorize the Service to deduct the calculated amount from your designated
Billing Account. Any financial fees associated with your standard deposit
accounts will continue to apply. You are responsible for any and all telephone
access fees and Internet service fees that may be assessed by your telephone
and Internet service provider. Section 18 of the General Terms (Failed Or
Returned Payment Instructions) applies if you do not pay our fees and charges
for the Service, including without limitation if we debit the Billing Account
for such fees, as described in this Section, and there are insufficient fees in
the Billing Account.
11. Biller Limitation. The Service reserves
the right to refuse to pay any Biller to whom you may direct a payment. As
required by applicable law, the Service will notify you promptly if it decides
to refuse to pay a Biller designated by you. as set forth in Section 13 of the
General Terms (Prohibited Payments) or an Exception Payment under this
Agreement.
12. Returned Payments. In using the Service,
you understand that Billers and/or the United States Postal Service may return
payments to the Service for various reasons such as, but not limited to,
Biller's forwarding address expired; Biller account number is not valid; Biller
is unable to locate account; or Biller account is paid in full. The Service
will attempt to research and correct the returned payment and return it to your
Biller, or void the payment and credit your Eligible Transaction Account. You
may receive notification from the Service.
13. Information
Authorization.
In addition to Section 20 of the General Terms (Information Authorization), you
agree that the Service reserves the right to obtain financial information
regarding your account from a Biller or your financial institution (for
example, to resolve payment posting problems or for verification).
14. Definitions.
"Biller"
is the person or entity to which you wish a bill payment to be directed or is
the person or entity from which you receive electronic bills, as the case may
be.
"Billing
Account" is the checking account from which all Service fees will be
automatically debited.
"Due
Date" is the date reflected on your Biller statement for which the payment
is due, not the late payment date or the date beginning or a date during any
grace period.
"Eligible
Transaction Account" is as defined in Section 36 of the General Terms, except
that it shall be limited to an account that you hold with us, and from which
bill payments will be debited.
"Exception
Payments" means payments to deposit accounts or brokerage accounts,
payments to settle securities transactions (including, without limitation,
stocks, bonds, securities, futures (forex), options, or an investment interest
in any entity or property).
"Payment
Instruction" is as defined in Section 36 of the General Terms, and is
further defined as the information provided by you to the Service for a bill
payment to be made to the Biller (such as, but not limited to, Biller name,
Biller account number, and Scheduled Payment Date).
"Scheduled
Payment" is a payment that has been scheduled through the Service but has
not begun processing.
"Scheduled Payment Date" is the day
you want your Biller to receive your bill payment, unless the Scheduled Payment
Date falls on a non-Business Day in which case it will be considered to be the
previous Business Day.
Hours of Accessibility. You can access your Account(s)
through Flushing Bank Online Banking seven days a week, 24 hours a day.
However, at certain times, some or all of Flushing Bank Online Banking may not
be available due to system maintenance. During these times, you may use the Bank's
telephone banking facility or an ATM or a Branch to conduct your transactions.
Password.
Your Password acts as your signature. You can change your
Password at any time. For your protection, you should memorize your Password
and not keep any notation of your Password on or with your computer. Your
Electronic Bill Payment Account is for your personal use only.
The Password assures that only you
can access your Account.
YOU AGREE NOT TO ALLOW ANOTHER PERSON TO USE YOUR PASSWORD AND NOT TO GIVE YOUR
ACCOUNT NUMBER(S) OR PASSWORD TO ANYONE. If you do, you will be responsible for
any money withdrawn or transferred from your Account(s) when such person uses
your Password.
You agree that if your Password is lost, misplaced or stolen, or if you believe
that someone has transferred or may transfer money from your Account(s) without
your permission, you must notify Flushing Bank at once by calling
Flushing Bank at 800.581.2889 immediately and within ten (10) days sending
written notification to Flushing Bank at the Flushing Bank Business Address.
For your protection, we are asking that you change your online Password
regularly.
Your role is extremely important in the prevention of any wrongful use of your
Account(s). You must promptly examine your statement upon receipt. If you find
that your records and ours disagree, you must immediately call the Flushing
Bank Customer Service Solutions Center at 800.581.2889.
In addition to protecting your Password and Account information, you should
take precautions with your personal identification information, such as your
driver's license, Social Security Number, etc. This information by itself or
together with information on your Account(s) may allow unauthorized access to
your Account(s). It is your responsibility to protect personal information with
the same level of care that you protect your Password and Account information.
Error Resolution
In case of errors or questions about
your electronic transfers call us at 800.581.2889, write
us at
Flushing Bank
P.O. Box 9000
East Meadow, NY 11554
Att: Customer Service
or e-mail us at customerservice@flushingbank.com as
soon as you can, if you think your statement or receipt is wrong or if you need
more information about a transfer listed on the statement or receipt. We must
hear from you no later than 60 days after we sent the FIRST statement on which
the problem or error appeared.
- Tell us your name and
Account number (if any).
- Describe the error or
the transfer you are unsure about, and explain as clearly as you can why you
believe it is an error or why you need more information.
- Tell us the dollar
amount of the suspected error. If you tell us orally, we may require that you
send us your complaint or question in writing within 10 Business Days. We will
determine whether an error occurred within 10 Business Days after we hear from
you and will correct any error promptly. If we need more time, however, we may
take up to 45 days to investigate your complaint or question. If we decide to
do this, we will credit your Account within 10 business days for the amount you
think is in error, so that you will have the use of the money during the time
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.
Liability for
Unauthorized Transactions and Advisability of Prompt Reporting. Please tell us AT ONCE if you believe
your Online Banking Account number or your Password has been lost or stolen.
Notifying us by telephone as soon as possible is the best way of limiting your
losses. You could lose all of the funds in your Account(s) plus your
maximum overdraft line of credit.
- If you believe that
someone has made or may make an Online Banking transaction to or from your
Account(s) without your permission, call 800.581.2889 or write to Flushing Bank’s
Customer Service Solutions Center at the Flushing Bank Business Address.
Telephoning is the best way of keeping your possible losses to a minimum.
- If your online
Password has been compromised and you tell us within two (2) business days
after you learn of the loss or theft, you can lose no more than $50 if someone
used your online Password without your permission to access a Bank Deposit
Account. If you do NOT tell us within two (2) business days after you learn of
the loss or theft, and we could have stopped someone from taking money without
your permission had you told us, you could lose as much as $500.
- Also, if your
statement shows withdrawals, transfers or purchases that you did not make or
authorize, please notify us at once. If you do not notify us within sixty (60)
days after the paper or online statement was sent to you, and we could have
stopped someone from taking money if you had told us in time, you may not get
back any money you lost after the sixty (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 hospital stay) kept you from telling us, we
will extend the time periods.
NO WARRANTIES
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR
WHERE THE LAW REQUIRES A DIFFERENT STANDARD, THE BANK SHALL NOT BE RESPONSIBLE
FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF, THE EQUIPMENT, BROWSER AND/OR
THE INSTALLATION THEREOF, THE ONLINE BANKING SERVICES PROVIDED HEREUNDER,
FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE
OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR
INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF
INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH
INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH
DATA TRANSMISSION FACILITIES, YOUR TELEPHONE SERVICE OR ANY OTHER PROBLEMS YOU
EXPERIENCE DUE TO CAUSES BEYOND THE BANK'S CONTROL. THE ONLINE BANKING
SERVICES, AND ANY SOFTWARE, BROWSER AND RELATED DOCUMENTATION ARE PROVIDED
"AS IS." THE BANK DOES NOT MAKE ANY WARRANTIES CONCERNING THE
EQUIPMENT, THE SOFTWARE, THE BROWSER OR ANY PART THEREOF, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. THE BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE
OF ONLINE BANKING SERVICES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
Flushing Bank's Liability
for Failure to Make Online Banking Transactions
If we do not complete an Online Banking
transaction on time or in the correct amount according to this Agreement, we
will be liable for your actual and proven losses or damages caused by such
failure but not for any special or consequential damages, unless required by
applicable law. However, there are some exceptions. We will not be liable, for
instance:
- if you do not have
enough available funds in your Account or available credit in your Credit Line
to make the Electronic Bill Payments or transfer;
- if the Electronic Bill
Payments Scheduled Payment Date is not at least seven (7) to ten (10) Business
Days prior to the earlier of the date you want or expect the Payee to receive
the payment or the due date of such payment;
- if the Payee has a
mailing address outside the U.S or if the Electronic Bill Payment is to pay any
taxes or to make any court-ordered or court-directed payments;
- if your computer
malfunctions;
- if the Web Browser or
the processing center of Flushing Bank or its agent that is used for Online
Banking is not working properly and you knew or were advised by Flushing Bank
or its agent about this when you made the Online Banking transactions;
- if circumstances
beyond our control (such as fire, flood, computer failure, interference from an
outside force, or improper transmission or handling of payments by a third
party) prevent the Online Banking transaction from being properly made or
completed despite reasonable precautions taken by us;
- if your Password or
Online Banking Account number has been reported lost or stolen or we have
reason to believe that the Online Banking transaction is unauthorized;
- if your Online Banking
Account or Online Banking privileges have been suspended;
- if any exceptions
stated in the Account and Credit Line agreements between you and
Flushing Bank apply;
- if the transaction
would create an overdraft in your Account;
- if there is a dispute
about the Account, or Flushing Bank has been ordered to pay to, or hold
for, someone else the money in your Account;
- if the funds in your
Account are subject to legal process or other encumbrances restricting such
transfers;
- if a legal order
directs us to prohibit withdrawals from the Account;
- if your Account is
closed or if it has been frozen;
- if the transfer or
Electronic Bill Payment would exceed your available balance or your Credit
Limit;
- if you, or anyone you
allow, commits any fraud or violates any law or regulation;
- if any electronic
terminal, telecommunication device or any part of the electronic fund transfer
system is not working properly;
- if you have not
provided us with complete and correct payment information, including without
limitation the name, address, account number, and payment amount for the Payee
on an Electronic Bill Payment; or
- if you have not
properly followed the instructions for using Flushing Bank Online Banking.
Limitations on
Frequency of Transfers and Dollar Amounts
You may use Flushing Bank’s Online Banking Services
as often as you want. Any Online Banking transfer made from an Eligible Account
must not exceed your Available Balance in the Account on the day the transfer
is made. There are limits imposed by law on the number of transactions you can
make from certain accounts. By law, you can make no more than six (6)
preauthorized withdrawals or automatic transfers (including telephone, savings
overdraft protection, or data transmission) from your regular savings or money
market savings account during each statement period. Transfers made via Flushing Bank
Online Banking will be subject to these restrictions.
Privacy
Your Online Banking information, including
information about your Account(s) or the transfers you make, is strictly
confidential, and Flushing Bank will only disclose such information to third
parties under the circumstances described in Flushing Bank's Privacy
Policy (provided separately), as the same may be amended from time to time.
Additional Information
If you require any additional information
regarding Flushing Bank's Services or if you have other questions about your
electronic transfers telephone Flushing Bank at 800.581.2889 (Monday – Sunday
from 7 a.m. to 11 p.m. ET except non-Business Days).
Your Right to Receive
Documentation of Transfers
You will continue to receive a statement in
the mail for each Statement Account. E-statement customers will receive an
email notification the e-statement is available for viewing. This statement
will reflect all your transactions, including your Online Banking transactions,
relating to such Accounts. If you have requested Electronic Bill Payment, then
the monthly statement for your Electronic Bill Payment Account will also
reflect your Electronic Bill Payments as an electronic transfer.
Online Banking Fees
and Charges
The Bank has minimum balance requirements and
other charges that apply to the Accounts, whether or not they are used for
Flushing Bank Online Banking Services. We reserve the right to change the
charges, fees or other terms described in this Agreement. When changes are made
to any fees, charges or other material terms, we will update this Agreement and
either send a notice to you at the address shown on our records or send you an
electronic mail message (i.e., an e-mail message).
- The notice will be
e-mailed or mailed at least thirty (30) days in advance of the effective date
of any additional fees for online transactions or of any stricter limits on the
type, amount or frequency of transactions or any increase in your
responsibility for unauthorized transactions, unless an immediate change is
necessary to maintain the security of the system. If such a change is made, and
it can be disclosed without jeopardizing the security of the system, we will
provide you with electronic or written notice within thirty (30) days after the
change. As always, you may choose to accept or decline changes by continuing or
discontinuing the Accounts or Services to which these changes relate. We also
reserve the option, in our business judgment, to waive, reduce or reverse
charges or fees in individual situations. Changes to fees applicable to
specific Accounts are governed by the applicable Account Disclosure Statement.
- There are currently no
monthly or transaction fees for accessing your Account(s) through Flushing Bank
Online Banking. However, Flushing Bank reserves the right to impose a fee
for Online Banking Services and Electronic Bill Payment. You will be notified
of any fee charges by e-mail or mail. Other fees, as described in the
applicable Account Disclosure Statement, may apply to Services ordered online
and to transfers from a Credit Account.
- Please note that fees
may be assessed and billed separately by your online service provider.
- If Flushing Bank
initiates any legal action to collect money owed to Flushing Bank under this
Agreement, including any counterclaim, you agree to pay all costs incurred by
Flushing Bank for such action, including any reasonable attorneys' fees.
- You agree to pay
promptly all applicable fees and charges for services provided under this
Agreement and in connection with your Accounts and authorize us to charge any
of your Flushing Bank Accounts that you have designated as the Electronic Bill
Payment Account or any other Account for the fees.
Recording of Phone
Calls and E-mails
By entering into this Agreement, you
authorize Flushing Bank and its agents to monitor, record, copy, and retain any
phone call made to or e-mail sent to Flushing Bank or its agent concerning
Flushing Bank Online Banking Services..
Other Rules
Online Banking transactions will also be
subject to Flushing Bank's various Account agreements, Account Disclosure
Statements and other rules and regulations.
Amendments
Flushing Bank may, from time to time at
any time, change this Agreement by sending you an e-mail notice, mailing a
notice, of such change or otherwise posting such notice or revised Agreement
through the Flushing Bank Website. However, if the change results in (i)
increased or new fees or charges, (ii) increased liability for you, (iii) fewer
types of available Services or (iv) stricter limitations on the frequency or
dollar amounts of transfers, then at least thirty (30) days before the
effective date of the change, Flushing Bank will either electronically send to
you an e-mail notice or mail to you a written notice. By entering into this Agreement
you consent to receiving all applicable notices via electronic means or by
posting as described herein.
Termination
Flushing Bank may cancel your access to
the Services without prior notice if there has been no Online Banking activity
for a period of three (3) consecutive months or for any other reason. Flushing
Bank also may, at any time, cancel all or part of the Services it offers to
customers generally.
Assignment
Flushing Bank may assign this Agreement to its
parent corporation or to any now-existing or future direct or indirect
subsidiary of its parent corporation. Flushing Bank also may assign or delegate
certain of its rights and responsibilities under this Agreement to independent
contractors or other third parties.
Entire Agreement
This Agreement, and any changes to it by
Flushing Bank, constitutes the entire understanding between Flushing Bank
and you with respect to the subject matter of this Agreement.
Other Agreements
Flushing Bank and you are still bound by the
terms, conditions and fees imposed by any other agreements that you have
entered into with Flushing Bank, unless such terms, conditions and fees
have been explicitly changed by this Agreement.
Waiver
Flushing Bank shall not be deemed to have lost
any of its rights because they have not been exercised.
Invalidity of any
Provision
If any provision stated in this Agreement or
in any applicable Account agreement is held to be unenforceable, the remaining
provisions shall remain in effect.
Applicable Law
The following rules will apply to the extent
there is no applicable federal law or regulation. If the Account or Service you
are accessing via the Flushing Bank Website is maintained through
Flushing Bank, this Agreement will be governed by and interpreted in
accordance with the laws of the State of New York.
Arbitration
Disputes between you and Flushing Bank under
this Agreement and that relate to any of your Accounts are subject to
arbitration.
Notice by E-Mail
Customer acknowledges that e-mail notice will
constitute sufficient notice under this Agreement for all purposes.
MOBILE BANKING
AGREEMENT
FAST, SECURE, and
FREE* - Flushing Bank Mobile Banking allows you to manage your finances on the
go with a variety of mobile devices, including Apple®, AndroidTM,
and browser compatible cell phones.
*There is no charge to
use Flushing Bank Mobile Banking, but the Bank’s standard account fees will
apply and data and messaging rates may apply from your wireless provider.
MOBILE BANKING FEATURES
- Check account balances
- Pay bills
- View account history
- Flexible Deposit
(mobile check deposit)
- Transfer funds between
your linked Flushing Bank accounts
- Receive alerts
notifying you of your current balance, deposits, withdrawals, and more
- Contact us via Secure
Messaging for support
- Branch/ATM locator
- Fast balances (view
without logging in)
TERMS AND CONDITIONS
By using Mobile Banking (also referred to herein as the “Service”), you
agree to all the terms and conditions contained in this Agreement and
Disclosure (the “Agreement”). This Agreement contains the terms that govern
your use of the Flushing Bank Mobile Banking application services. You may use
this Service to access your Flushing Bank deposit accounts using a mobile
device. By using Mobile Banking to access an account you are agreeing to the terms
of this Agreement which supplements the terms and agreements of your Account(s)
and Online Banking Terms and Conditions to which you have previously agreed.
Mobile Banking is inclusive of the terms and conditions of the Electronic Funds
Transfer Disclosure including but not limited to transaction limits,
transaction processing and system availability.
Mobile Banking is offered as a convenience and supplemental service to our
Online Banking services. It is not intended to replace access to Online Banking
from your personal computer or other methods you use for managing your accounts
and services with us. Mobile Banking allows you to view your Flushing Bank
account balances and account history, pay bills, transfer funds between your
Flushing Bank accounts, receive alerts, and contact us via secured messaging
for support.
MOBILE BANKING REQUIREMENTS & LIMITATIONS
- You will not be able
to access all functions/services that are accessible via Online Banking.
Examples include, but are not limited to, electronic statement and check
reordering.,
- Mobile users are
responsible for any service charges from mobile carriers as a result of using
this Service.
- Mobile Banking may not
be accessible or may have limited service over some network carriers.
- Mobile Banking may
also not be supported by all mobile devices. Flushing Bank cannot guarantee and
is not responsible for the availability of data services provided by your
mobile carrier, such as data outages or “out of network” issues.
USE OF MOBILE BANKING SERVICE
We may modify the Service from time to time at our sole discretion. In the
event of any modifications, you are responsible for making sure you understand
how to use Mobile Banking as modified. You also accept responsibility for
making sure that you know how to properly use your mobile device and we will
not be liable to you for any losses caused by your failure to properly use the
Service or your mobile device.
OTHER MOBILE BANKING AGREEMENTS
You agree that, when you use Mobile Banking, you remain subject to the terms
and conditions set forth in your existing agreements with any unaffiliated
service providers, including, but not limited to, your mobile service provider
and that this Agreement does not amend or supersede any of those agreements.
You understand that those agreements may provide for fees, limitations and
restrictions which might impact your use of Mobile Banking (such as data usage
or text messaging charges imposed on you by your mobile service provider). You
also agree to be solely responsible for all such fees, limitations and
restrictions. You agree that only your mobile service provider is responsible
for its products and services and you also agree to resolve any issues or
problems with your provider directly with the provider without involving us.
You agree to review your account disclosures carefully, as they may include
transaction limitations and fees which may apply to your use of Mobile Banking.
EQUIPMENT AND SOFTWARE
Flushing Bank does not guarantee that your mobile device or mobile phone
service provider will be compatible with Mobile Banking.
Mobile phones and other mobile devices with internet capabilities are
susceptible to viruses. You are responsible to ensure that your mobile device
is protected from and free of viruses, worms, Trojan horses, or other similar
harmful components (collectively referred to as “viruses”) which could result
in damage to programs, files, and/or your phone or could result in information
being intercepted by a third party. Flushing Bank will not be responsible or
liable for any damages which may result from such viruses, including but not
limited to indirect, incidental, special or consequential damages. Flushing
Bank will also not be responsible if any non‐public personal information is accessed via
Mobile Banking due to any viruses residing or being contracted by your mobile
device at any time or from any source.
Flushing Bank is not responsible for errors or delays or your inability to
access the Service caused by your mobile device. We are not responsible for the
cost of upgrading the mobile device to remain current with the Service. We are
not responsible for any damage to the mobile device or the data within.
We make no representation that any content or use of Mobile Banking is
available in locations outside the United States. Accessing Mobile Banking from
locations outside the United States is at your own risk.
USER SECURITY
You agree to take every precaution to ensure the safety, security and integrity
of your Account(s) and transactions when using Mobile Banking. You agree not to
leave your mobile device unattended while logged into Mobile Banking and to log
off immediately at the completion of each access by you. You agree not to
provide your username, password or other access information to any unauthorized
person. If you allow access to Mobile Banking to an unauthorized user, you will
be responsible for any transaction they authorize and we will not be liable for
any damages as a result. You agree not to use any personally identifiable
information when creating shortcuts to your Account(s).
YOU are responsible for keeping any personal information in your mobile device
secure. For your protection, you agree to contact Flushing Bank at 800.581.2889
if your mobile device is lost or stolen.
TERMINATION
Flushing Bank reserves the right to modify or terminate Mobile Banking, in
whole or in part at any time with or without cause and without prior written
notice as allowed by law. We also reserve the right to suspend the Service
either temporarily or permanently in situations deemed appropriate in our sole
and absolute discretion. Termination of the Service does not affect your
obligations under this Agreement in respect to occurrences before termination.
The below Mobile
Flexible Deposit User Agreement applies only to consumer online banking
customers.
FLEXIBLE DEPOSIT USER AGREEENT
This Flexible Deposit User Agreement
("Agreement") contains the terms and conditions for the use of Flushing
Bank Flexible Deposit service that Flushing Bank ("Flushing Bank",
"us," or "we") may provide to you ("you," or
"User"). Other agreements you have entered into with Flushing Bank,
including the Account Terms and Conditions and Online Banking Agreement, as
applicable to your Flushing Bank account(s), are incorporated by reference and
made a part of this Agreement.
- Service. The consumer
remote deposit capture service ("Service") is designed to allow you
to make deposits to your checking, savings, or money market savings accounts
from home or other remote locations by scanning checks and delivering the
images and associated deposit information to Flushing Bank or Flushing Bank’s
designated processor.
- Acceptance of these
Terms. Your use of the Service constitutes your acceptance of this Agreement.
This Agreement is subject to change from time to time. We will notify you of
any material change via e-mail, text message, or on our website(s) by providing
a link to the revised Agreement or by an online secure message. Further, Flushing
Bank reserves the right, in its sole discretion, to change, modify, add, or
remove portions from the Service. Your continued use of the Service will
indicate your acceptance of any such changes to the Service.
- Limitations of
Service. When using the Service, you may experience technical or other
difficulties. We will attempt to post alerts on our website or send you a text
message to notify you of these interruptions in Service. We cannot assume
responsibility for any technical or other difficulties or any resulting damages
that you may incur. The Service has qualification requirements, and we reserve
the right to change the qualifications at any time without prior notice. We
reserve the right to change, suspend or discontinue the Service, in whole or in
part, or your use of the Service, in whole or in part, immediately and at any
time without prior notice to you.
- Hardware and Software.
In order to use the Service, you must obtain and maintain, at your expense,
compatible hardware and software as specified by Flushing Bank from time to
time. See Flushing Bank.com for current hardware and software specifications. Flushing
Bank is not responsible for any third party software you may need to use the
Service. Any such software is accepted by you as is and is subject to the terms
and conditions of the software agreement you enter into directly with the third
party software provider at time of download and installation.
- Fees. A fee may be
charged for the Service. You are responsible for paying the fees for the use of
the Service. Any fee that is charged will be disclosed prior to your deposit. Flushing
Bank may change the fees for use of the Service at any time pursuant to the
section titled "Acceptance of these Terms" above. You authorize Flushing
Bank to deduct any such fees from any Flushing Bank account in your name. Fees
will not be charged during any free trial period or other promotional
campaigns.
- Eligible items. You
agree to scan and deposit only "checks" as that term is defined in
Federal Reserve Regulation CC ("Reg. CC"). When the image of the
check transmitted to Flushing Bank is converted to an Image Replacement
Document for subsequent presentment and collection, it shall thereafter be
deemed an "item" within the meaning of Articles 3 and 4 of the
Uniform Commercial Code.
You agree that you will not scan and deposit
any of the following types of checks or other items which shall be considered
ineligible items:
- Checks payable to any
person or entity other than the person or entity that owns the account that the
check is being deposited into.
- Checks containing an
alteration on the front of the check or item, or which you know or suspect, or
should know or suspect, are fraudulent or otherwise not authorized by the owner
of the account on which the check is drawn .
- Checks payable jointly,
unless deposited into an account in the name of all payees.
- Checks previously
converted to a substitute check, as defined in Reg. CC.
- Checks drawn on a
financial institution located outside the United States.
- Checks that are
remotely created checks, as defined in Reg. CC.
- Checks not payable in
United States currency.
- Checks dated more than
6 months prior to the date of deposit.
- Checks or items
prohibited by Flushing Bank’s current procedures relating to the Service or
which are otherwise not acceptable under the terms of your Flushing Bank
account.
- Checks payable on
sight or payable through Drafts, as defined in Reg. CC.
- Checks with any
endorsement on the back other than that specified in this agreement.
- Checks that have
previously been submitted through the Service or through a remote deposit
capture service offered at any other financial institution.
- Checks or items that
are drawn or otherwise issued by the U.S. Treasury Department.
- Endorsements and
Procedures. You agree to sign and restrictively endorse any item transmitted
through the Service as "For deposit only" or as otherwise instructed
by Flushing Bank. You agree to follow any and all other procedures and
instructions for use of the Service as Flushing Bank may establish from time to
time.
- Receipt of Items. We
reserve the right to reject any item transmitted through the Service, at our
discretion, without liability to you. We are not responsible for items we do
not receive or for images that are dropped during transmission. An image of an
item shall be deemed received when you receive a confirmation from Flushing
Bank that we have received the image. Receipt of such confirmation does not
mean that the transmission was error free, complete or will be considered a
deposit and credited to your account. We further reserve the right to charge
back to your account at any time; any item that we subsequently determine was
not an eligible item. You agree that the Bank is not liable for any loss,
costs, or fees you may incur as a result of our chargeback of an ineligible
item.
- Availability of Funds.
In general, if an image of an item you transmit through the Service is received
and accepted before 5:00 p.m. Eastern Time on a business day that we are open,
we consider that day to be the day of your deposit. Otherwise, we will consider
that the deposit was made on the next business day we are open. Funds deposited
using the Service will generally be made available in three business days from
the day of deposit including on-us checks drawn on Flushing Bank. Flushing
Bank may make such funds available sooner based on such factors as credit
worthiness, the length and extent of your relationship with us, transaction and
experience information, and such other factors as Flushing Bank, in its sole
discretion, deems relevant.
- Disposal of
Transmitted Items. Upon your receipt of a confirmation from Flushing Bank that
we have received an image that you have transmitted, you agree to retain the
check for at least 14 calendar days from the date of the image transmission.
After 14 days, you agree to destroy the check that you transmitted as an image,
mark it "VOID", or otherwise render it incapable of further
transmission, deposit, or presentment. During the time the retained check is
available, you agree to promptly provide it to Flushing Bank upon request.
- Deposit Limits. We may
establish limits on the dollar amount and/or number of items or deposits from
time to time. If you attempt to initiate a deposit in excess of these limits,
we may reject your deposit. If we permit you to make a deposit in excess of
these limits, such deposit will still be subject to the terms of this
Agreement, and we will not be obligated to allow such a deposit at other times.
The current daily dollar limit is $1,500.00 per business day for consumer
banking clients. In addition, the current monthly dollar limit is $25,000.00
per any 22 consecutive business day period. For Complete Checking Premier
account holders the Flexible Deposit daily limit is $5,000.00 with a Multi-Day
Limit (22 business days) of $75,000.00. There is no daily or monthly statement
cycle limit on the number of items, as long as the respective dollar limits are
not exceeded.
- Presentment. The
manner in which the items are cleared, presented for payment, and collected
shall be in Flushing Bank’s sole discretion subject to the Terms and Conditions
governing your account.
- Errors. You agree to
notify Flushing Bank of any suspected errors regarding items deposited through
the Service right away, and in no event later than 30 days after the applicable
Flushing Bank account statement is sent. Unless you notify Flushing Bank within
30 days, such statement regarding all deposits made through the Service shall
be deemed correct, and you are prohibited from bringing a claim against Flushing
Bank for any such alleged error.
- Errors in
Transmission. By using the Service you accept the risk that an item may be
intercepted or misdirected during transmission. Flushing Bank bears no
liability to you or others for any such intercepted or misdirected items or
information disclosed through such errors.
- Image Quality. The
image of an item transmitted to Flushing Bank using the Service must be
legible, as determined in the sole discretion of Flushing Bank. Without
limiting the foregoing, the image quality of the items must comply with the
requirements established from time to time by Flushing Bank, ANSI, the Board of
Governors of the Federal Reserve Board, or any other regulatory agency,
clearinghouse or association.
- User Warranties and
Indemnification. You warrant to Flushing Bank that:
- You will only transmit eligible items.
- You will not transmit duplicate items.
- You will not re-deposit or re-present the original item.
- All information you provide to Flushing Bank is accurate and true.
- You will comply with this 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 Flushing Bank from any loss for breach of this warranty provision.
- 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 the Service in your possession and your
records relating to such items and transmissions.
- Termination. We may
terminate this Agreement at any time and for any reason. This Agreement shall
remain in full force and effect unless and until it is terminated by us.
Without limiting the foregoing, this Agreement may be terminated if you breach
any term of this Agreement, if you use the Service for any unauthorized or
illegal purposes or you use the Service in a manner inconsistent with the Terms
and Conditions of your Account, Online Banking Agreement or any other agreement
with us.
- Enforceability. We may
waive enforcement of any provision of this Agreement. No waiver of a breach of
this Agreement shall constitute a waiver of any prior or subsequent breach of
the Agreement. Any such waiver shall not affect our rights with respect to any
other transaction or to modify the terms of this Agreement. In the event that
any provision of this Agreement shall be deemed to be invalid, illegal, or
unenforceable to any extent, the remainder of the Agreement shall not be
impaired or otherwise affected and shall continue to be valid and enforceable
to the fullest extent permitted by law. This Agreement is governed and
construed in accordance with the laws of the State of New York.
- Ownership &
License. You agree that Flushing Bank retains all ownership and proprietary
rights in the Service, associated content, technology, and website(s). Your use
of the Service is subject to and conditioned upon your complete compliance with
this Agreement. Without limiting the effect of the foregoing, any breach of
this Agreement immediately terminates your right to use the Service. Without
limiting the restriction of the foregoing, you may not use the Service (i) in
any anti-competitive manner, (ii) for any purpose which would be contrary to Flushing
Bank’s business interest, or (iii) to Flushing Bank’s actual or potential
economic disadvantage in any aspect. You may use the Service only for
non-business, personal use in accordance with this Agreement. You may not copy,
reproduce, distribute or create derivative works from the content and agree not
to reverse engineer or reverse compile any of the technology used to provide
the Service.
- DISCLAIMER OF
WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT
(INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL
WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY
ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.
- LIMITATION OF
LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR
ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE
TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR
CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF Flushing
Bank HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
Apple ® is a trademark of Apple, Inc. Android™ is a trademark of
Google, Inc.