Rev 06.2021.
This Digital Banking Agreement and Disclosure (the "Agreement") applies to the electronic banking services you receive from Flix Standard Trust Inc, N.A., which include, Flix Standard Trust Online®, Flix Standard Trust Mobile Banking including the Flix Standard Trust Online Bill Payment Service (offered on both Flix Standard Trust Online and Mobile application), the Flix Standard Trust Business Online Bill Payment Service Popmoney®, Zelle®, Face/Touch ID and Mobile Deposit (herein collectively referred to as the “Digital Service”)and any digital investment accounts that you maintain with Flix Standard Trusts Securities, Inc. ('CSI') linked to the Digital Service. The Digital Service is provided by Flix Standard Trust Inc, N.A. and all associated Flix Standard Trust Inc, N.A. brand names, including, but not limited to, Flix Standard Trusts One, for accounts accessed using the Digital Service (the “Bank”). This Agreement is provided to you in accordance with the requirements of federal and state law. You should read this Agreement carefully to understand how the Digital Service works, as well as your rights and obligations if you enroll in and use the Digital Service.
By using the Digital Service or authorizing others to use the Digital Service, you acknowledge that you have received and understand the terms of this Agreement and agree to the terms and conditions of this Agreement and of all of the agreements that also govern your account with us. The Digital Service is also subject to federal law and, to the extent not preempted by federal law, the law of the state where we open your account, or, if we transfer your account to another location, where we currently maintain your account ("Applicable Law").
In this Agreement, "we", "us" and "our" mean the Bank; and "you" and "your" means account owner or anyone else including each person, or, if applicable, the entity who is an owner, signer, entity with authority to deposit, withdraw, or exercise control over a deposit account or has unrestricted withdrawal rights of a deposit account or, as applicable, a borrower under a credit account, and each person that uses the Digital Service with your permission. When your Digital Service is linked to one or more joint accounts, we may act on the oral, written or electronic instructions of any authorized signer regarding your service for those accounts. Each person on a joint account will be liable for all transactions that are made on that account by all other joint account holders of the account. It is your responsibility to notify us if a signer should no longer be given access to the joint or business account through the Digital Service. Notices sent to the address of one account owner are binding on all account owners.
We recommend that you print or store a copy of this Agreement for your records. You may also review this Agreement from time to time, and at your convenience on our website at www.Flix Standard Trustsbank.com. If you are unable to print or store a copy of this Agreement or if you experience computer or printer malfunctions, please call us at 1-800-922-9999 and we will mail you a paper copy of this Agreement.
2. Electronic Communications
As provided more fully in the Electronic Notice Disclosure and Consent you agreed to concurrently with your enrollment in the Digital Service, you agree to receive this Agreement and any and all disclosures or notices required by Applicable Law and all other communications, electronically to the email address you designate in your profile. You also agree that we may respond to any communication you send to us with an electronic communication, regardless of whether your original communication to us was an electronic communication.
Any electronic communication we send to you will be considered received within three (3) calendar days of the date sent by us to the email address or telephone number you designate in your profile, or posted via our Message Center located within the Digital Service, regardless of whether you log on to the Digital Service within that time frame. To the extent permissible under Applicable Law, any electronic communication you send to us will not be effective until we receive and have had a reasonable opportunity to act on such email or SMS message. You should not rely on email or SMS messaging if you need to communicate with us on an immediate basis. We, therefore, strongly suggest that you report all matters requiring immediate attention (for example, reports of alleged unauthorized transfers or errors, or requests for stop payments) to us by calling the Flix Standard Trust Contact Center anytime at 1–888–PFTB. We may, however, require you to provide us with written confirmation of any verbal or electronic stop payment request or notice of alleged error.
3. E-Mail Use
When you enroll in the Digital Service, you will have access to our Message Center, a secure message system. You must designate a primary email address during enrollment or by using the My Profile section, which will be used for receiving communications. We may, if you use our Alerts feature or to verify a request made by you via the Digital service, send account information to the email address(es) and/or telephone number you designate. Sensitive information such as account numbers will be only partially shown (masked). Other than Alerts and verification emails, we will not send to you, and we strongly suggest that you do not send to us, any confidential information about your deposit and credit accounts via the public Internet as it is not necessarily secure. You and we may exchange secure messages via our Message Center located within the Digital Service.
We will not send you email requesting confidential information such as account numbers, PINs, or passwords. If you receive such an email purportedly from us, do not respond to the email and notify us by calling 1-800-922-9999or forwarding (including header information) the email to support@premierfinancetrust.com.
4. Agreement and Acknowledgement
By using the Digital Service or authorizing others to use the Digital Service, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by all of the provisions of this Agreement and by all of the agreements incorporated herein by reference that also govern your account with us. These agreements may be amended from time to time and we will provide notice of such changes to you as may be required by Applicable Law.
The following definitions govern the terms of this Agreement:
(i) "Account" or "Bank Account" refers to any Deposit Account(s) or Credit Account(s) you may have with us.
(ii) "Bill Payment Cutoff Time" means 10:00 p.m. Eastern Time, on any Business Day and is the time by which you must transmit Payment Instructions in order for such instructions to be considered entered on that particular Business Day.
(iii) "Biller" or “Payee” means the person or entity to which you wish a bill payment to be directed.
(iv) "Digital Investment Account" means any securities brokerage or investment advisory accounts you maintain with Flix Standard Trusts Securities, Inc. ("CSI") for the purpose of participating in the "SpeciFi" digital advisory program.
(v) "Business Day" means every day except Saturdays and Sundays and federal holidays.
(vi) "Credit Account" means any personal Overdraft Line of Credit, Installment Loan, Credit Line, Home Equity Loan or Home Equity Line of Credit or Small Business Overdraft Line of Credit, Installment Loan, Line of Credit you maintain with us.
(vii) "Deposit Account" means any personal or business Checking, Money Market, Savings, IRA or Certificate of Deposit account you maintain with us.
(viii) “Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
(ix) "Eligible/Linked Account" means any business or personal Account on which you are an owner, account holder or have withdrawal rights that are included in your Digital Service You may have Accounts that are not included in your profile or that are linked to your profile but are not eligible for all functions or services based on account type or designation as business or personal. You may choose to hide accounts using our Account Nickname & Display Settings or call us to remove a linked account.
(x) "Payment Account" means your personal or business Checking or Money Market Account from which bill payments may be made. We do not recommend frequent bill payments from Money Market Accounts due to transaction restrictions on transfers and payments for Money Markets.
(xi) "Payment Instructions" means the information provided by you to the Bill Payment Service for a bill payment to be made to your Biller (i.e., Biller name, account number, payment date, payment amount, and any additional required information).
(xii) "Pay Date" means the Business Day of your choice and as designated by you upon which your electronic or electronic to check bill payment should be received by your Biller and your Payment Account will be debited. Laser Draft bill payments should be received by your Biller on the Pay Date and will be debited from your Payment Account when the Biller cashes the check. (See exceptions below)
(xiii) "Transfer Cutoff Time" is the time by which you must transmit Transfer Instructions in order for such transfer to be considered entered on that particular Business Day.
(xiv) For Transfers Outside the Bank the transfer cutoff time means 3:00 p.m. EST. For Transfers Inside the Bank, the transfer cutoff time means 11:30 p.m. EST. These times are applicable to Business Day(s) and mean the time by which you must transmit Transfer instructions in order for such transfer to be considered entered on that particular Business day.
(xv) For Transfers to Personal Credit Cards the transfer cutoff time means 8:00 p.m., Eastern Time on any day and is the time by which you must transmit Transfer instructions in order for such transfer to be considered entered on that particular day. Transfers scheduled after 8:00 p.m., Eastern Time will be credited to your account for the next day. Only one Digital payment is permitted per day. Please note that your payment must be processed by your payment due date to avoid assessment of finance charges and/or late fees.
(xvi) For Small Business customers the transfer cutoff time for transfers to your Credit Account is 7:50 p.m., Eastern Time on any Business Day and is the time by which you must transmit Transfer Instructions in order for such transfer to be considered entered on that particular Business Day
(xvii) "Transfer Instructions" means the information provided by you to the Digital Service for a funds transfer between your Eligible/Linked Accounts.
(xviii) “Transfers Inside the Bank” means transferring funds from your deposit accounts with the bank to certain deposit accounts of other customers with the bank.
(xix) “Transfers Outside the Bank” (also referred to ask TransferNow) means transferring funds between your deposit accounts with the bank and certain deposit accounts you own at other financial institutions. An Incoming transfer moves funds into your deposit account with the bank from an account outside the bank. An Outgoing transfer moves funds from your deposit account with the bank to an account you own outside the bank.
(xx) “Standard Transfers” means transfers that take three (3) business days for fund transfers to be completed.
(xxi) “Next Day Transfers” means transfers that will be completed on the following business day.
(xxii) “In Process” means that transfers have been scheduled and are being moved. These transfers cannot be cancelled. No changes may be made to these transfers.
(xxiii) “Zelle” means and refers to the Zelle® Network, a person-to-person transfer money service, accessible through Flix Standard Trusts Digital Service.
“Popmoney” means and refers to Fiserv’s Popmoney® payment services for small businesses, accessible through Flix Standard Trusts Digital Service.
6. Security and Protecting Your Account
We are committed to protecting the security and confidentiality of information about you and your Bank Account(s). We use sophisticated technology in the ongoing development of the Digital Service and the activities contemplated thereby to enhance this security. We use several different security methods to protect your Account information:
You can only access the Digital Service with certain browsers that have high security standards.
If we do not recognize your computer, we will ask you one of your challenge questions to verify your identity.
The Digital Service will automatically log off if prolonged periods of inactivity occur.
Your session will be terminated if you navigate from the Digital Service or any linked service to another web site.
We cannot take responsibility for the content, privacy policies, or practices of third party sites that may be accessed through use of the Digital Service.
7. Enrolling In and Use of Online Service
The Digital Service is available by clicking on the Flix Standard Trust Online® Banking login at www.premierfinancetrust.com or by installing the Flix Standard Trust Mobile application from your smart device and enrolling there. For self-enrollment, we will ask you to provide us with your account number or Social Security number to authenticate you. If you do not have your account number or Social Security number please call us at 1-800-656-6561. For Business customers we will ask you to provide us with your account number, social security number, ATM or Debit Card number and your PIN to authenticate you. Business customers may obtain an ATM or Debit Card by visiting a branch.
If you are a retail customer (may also referred to as a “consumer” for purposes of this Agreement) and choose not to request an ATM or Debit Card, you may enroll by calling us at 1-800-656-6561. We will ask account-specific information in order to authenticate you. Business customers who do not wish to request an ATM or Debit Card can call us at 1-877-229-6428 to enroll in the Digital Service.
During enrollment, you will be asked to set your profile. You will be prompted to set the following:
a User ID which must be between 5 and 20 characters; a Password of between 8 and 15 characters (different from your User ID), including at least one number and one letter (letters ARE case sensitive), that cannot include spaces or special characters and cannot be same as the User ID; challenge questions that will only be presented to you, in the online banking application, if we do not recognize the device or computer you are using to access your account information; and your primary e-mail address for receiving electronic communications as discussed above.
You should use care when choosing your User ID and Password. We recommend that you avoid easily guessed words and numbers, such as family member names or telephone numbers. Your User ID and Password are exclusively for your use or, for business owners, the use of those authorized by you. You agree to take reasonable precautions to safeguard your User ID and Password. You also agree to never leave your computer or mobile device unattended while using the Digital Service and always exit the Digital Service by clicking on "LOG OUT" located in the upper right portion of the screen after using the online banking application and by clicking on “LOG OUT” located in the dropdown menu on the top left of the mobile app..
You may change your Password or User ID at any time using the My Profile Section of the Digital Service.
Your User ID and Password identify and authenticate you to us when you use the Digital Service. You authorize us to rely on your User ID and Password to identify you when you use the Digital Service, and as signature authorization for any transfer or payment made using the Digital Service.
You acknowledge and agree that you are responsible for all transfers and payments you make using the Digital Service and for paying any and all late charges or penalties. You also acknowledge and agree that, if you permit a third party to use the Digital Service and/or share your User ID and Password, you are responsible for any transfer or payment that third party makes from your Account, even if that third party exceeds your authorization, and for any other issues that arise with respect to your Account and/or information contained in your Account, by virtue of the fact that you shared your User ID and Password. You agree that we may comply with Transfer or Payment Instructions entered by any third party using your User ID and Password, subject to the terms set forth more fully below in the UNAUTHORIZED TRANSFERS section of this Agreement.
9. Permissible Activities for Bank Accounts
You may perform the following activities with the Digital Service:
(i) Account Inquiry. You may get Account information (such as balances) and view up to 18 months of transactions for Eligible Deposit Accounts and all available history for Eligible Credit Accounts. Availability to review Accounts may be limited by Account type or designation as business or personal.
(ii) Alerts. You may set alert messages for certain circumstances. An e-mail or SMS notification will be sent to you via the Alerts Center and at the designated e-mail address(es) or telephone number you provide through either the My Profile or Alerts Center sections within the Digital Service. You understand that you are responsible for the accuracy of the e-mail address(es) and telephone number you provide. Examples of alert notifications are if your Account balance is above or below a specified threshold or if a specified check number or payment has been presented against your Account.
(iii) Review eStatement Copies. You may view digital versions of up to 18 months of eligible Account statements. Any deposit, consumer loan or consumer line account displayed on your "My Accounts" screen within your Digital service that would ordinarily receive a paper statement is eligible. Credit card, mortgage, business loan, combined statements and relationship statements are not available on the Digital Service. eStatement and/or eNotice includes identical information to what would be shown on the front and back side of the paper periodic statement and/or notice you would otherwise receive.
(iv) Review eNotice Copies. You may view Digital versions of eligible notices. Eligible notices include Overdraft/Insufficient Available Funds Notices and CD Maturity Notices
(v) Review Cleared Checks. You may view and print both front and back of available digital images of checks that have been paid on your Deposit Account(s).
(vi) Self-Initiated Services. At this time, you may request services such as stop payments or statement or check copies through the online banking application only. More detailed information on stop payments and fees for stop payments, check copies, and statement copies can be found in the Charges and Fees section of this Agreement or your Personal or Business Deposit Account Agreement.
(vii) Transferring Funds. You may transfer funds between Eligible Deposit and Credit Accounts.
(viii) Bill Payments. You may make payments or pay various third parties from your Payment Account. You must have a Checking or Money Market Account to use the Bill Payment Service. Your ability to make certain payments or pay certain third parties may be prohibited as described in this Agreement.
(ix) Flix Standard Trust Mobile Banking Application. You may download the Flix Standard Trust Mobile Application allowing access to many of the same services and features available with Flix Standard Trust Online®. You understand and acknowledge that to use this application; you must be an Apple® iPhone®, iPad®, iPod touch® or AndroidTM customer. You can view balances and activity for eligible credit and deposit accounts included in your online service. You may make a bill payment or add, edit and delete Payees through the application. Bill Payments scheduled through the Mobile Banking Application are covered under section 13. Bill Payment Service of this Agreement. You may also perform transfers between your previously set up Flix Standard Trusts accounts or your existing external accounts. EStatements are not available within our Mobile Banking App for iPhone, iPad, iPod touch and Android. External account set-up and certain self-initiated services like stop payments are not available using your Flix Standard Trust Mobile Banking App.
(x) Manage Debit Cards. You may view, freeze or unfreeze your active ATM or debit cards if you are a non-business customer. If your card was lost or stolen, please contact Customer Service at 800-922-9999.
(xi) One Time Payments. The One Time Payments feature within Online Banking allows customers to make ACH payments to their consumer loans and lines of credit using either a Flix Standard Trusts checking or savings account, or an account from another financial institution. Customers can choose to make regular payments towards their current billed amounts, or Principal Only payments which do not satisfy any current billed amounts but instead allow customers to make payments directly towards their principal balance. Customers can schedule payments up to 30 days in advance. External payment accounts can be saved by the customer for future use. This ACH payment feature replaces internal transfers to consumer loans/lines in Online Banking. These ACH payments take up to two business days to be visible on the customer’s checking/savings and loan accounts. The mobile app does not have this One Time ACH payment feature at this time. When using the mobile app, customers can still make payments to their consumer loans and lines through Transfers. At this time, Small Business and Gemini users do not have access to this payment feature.
Auto Pay. The Auto Pay feature within Online Banking allows customers to establish automatic, monthly payments to their consumer loans and lines of credit using either a Flix Standard Trusts checking or savings account, or an account from another financial institution. Customers can set the amount of their Auto Pay to include the current payment due, with an option to add an additional Principal Only payment amount (these will appear as two separate transactions). The payments will be made on the due date for the account each month. The mobile app will not have the Auto Pay feature. When using the mobile app, customer can still make payments, including principal only payments, to their consumer loans and lines through Transfer. Small businesses and Gemini Users (customer with a business account linked to their Personal Online Banking profile) will not have access to Auto Pay at this time.
Transfers must be made in accordance with the terms of this and any other applicable Account agreements.
(a) Types of Transfers; Posting (This does not include Transfers Outside the Bank). Subject to some limitations based on Account type or designation as business or personal, funds may be transferred:
(i) between your Eligible Linked Accounts that are Deposit Accounts (excluding IRAs, SEPs or other retirement plans, CDs, and Club Savings) using the Transfer Funds pages;
(ii) from your Deposit Account to your Credit Account that are Eligible Linked Accounts to make eligible Flix Standard Trust loan and/or personal credit card payments; and
(iii) from your Deposit Account to certain deposit accounts of other customers with the bank “Transfers Inside the Bank”.
You will need to set up and verify each of the accounts that you wish to use to make these transfers to.
The dollar limit for Transfers inside the Bank to other customers is $2000 per transaction.
Unless you designate a future date on which a transfer should be made, funds will be transferred promptly after you complete and submit the Transfer Instructions online. You must submit all Transfer Instructions before the Transfer Cutoff Time for funds to be considered as transferred on that particular Business Day.
Modifying or Reversing a Transfer Initiated Through the Digital Service. With the exception of future dated transfers, you may not delete or modify a one-time transfer once you have completed and submitted the Transfer Instructions online. You may reverse the transaction by transferring the funds back to the account from which it was moved. Future dated or recurring transfers may be modified or deleted using Edit or Delete on the Transfer History screen within the Digital Service. Pending transfers may be deleted or modified up to one calendar day from the date they are scheduled to occur. The bank is unable to modify a transfer for you. For assistance in deleting a transfer, please call 1-800-656-6561.
(b) Transfers outside the Bank to Accounts You Own. You may sign up for the option of transferring funds between your linked deposit accounts with the bank and certain deposit or investment accounts at other financial institutions (International Transfers are not supported). You will need to set up and verify each of your non-Flix Standard Trust accounts that you wish to use for these transfers. You agree that you will only attempt to set up and verify accounts for which you have the authority to transfer funds.
(i) Incoming Transfers. Funds will be debited from your account outside the bank on the date you selected or the system adjusted date for the transfer, and will be credited to your account with the bank on the third business day following the date displayed on the Transfer History screen.
When scheduling a future dated or recurring transfer from your external account to your account with the Bank all transactions will be processed with the Standard delivery timeframe.
The date that is displayed to you on the Transfer History screen is the date the funds will be debited from your external account.
(ii) Outgoing Transfers. Funds will be debited from your account with the bank two business days before the adjusted date for the transfer. Funds will be credited to your account outside the bank within one business day following the date displayed to you in your transfer history.
When scheduling a future dated or recurring transfer from your account with the bank to an external account the date you select is typically the date the funds will post to the external account and your account with the bank will be debited 2 business days prior to that date.
The date that is displayed to you on the Transfer History screen is the date the funds will be credited from your external account.
(iii) Transfers Outside the Bank. Transfers outside the Bank can be initiated on either a 1-time or a recurring basis. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfer from an account you own at another financial institution to your Flix Standard Trust checking account that occurs every 2 weeks. All scheduled transfers will occur with Standard delivery.
(iv) One-time future-dated or recurring transfers. One-time future-dated or recurring transfers scheduled for a weekend or a non-business day will be processed on the next business day.
(v) Cancelling Future-dated and recurring transfers. Future-dated and recurring transfers can be canceled prior to 3:00 PM ET on the business day prior to the date the transfer is scheduled to be made. However, if the transfer's status is In Process or Processed, you can no longer cancel it. After you cancel a future-dated transfer, the status changes to Canceled. Canceled transfers remain on the Transfers History screen.
(vi) Transfers Outside the Bank to accounts you. Transfers outside the Bank to accounts you own are subject to the following qualifications.
Consumer Qualifications. We reserve the right to modify limits and/or qualifications at any time, based on our sole discretion.
· Next Day Transfers: The cutoff time for all Next Day transfers is 3:00 PM ET. Next Day transfers are not available if the account from which you are transferring funds has had any overdraft or returned items in the three months immediately prior to the transfer date or if you have less than a minimum balance of $750 at the time of the transfer.
Consumer Transfers outside the Bank are subject to the following dollar limits.
· Standard Transfers: Incoming/Outgoing Transfers: $10,000/business day and $15,000/month
· Next Day Transfers: Incoming/Outgoing Transfers: $2,500/business day and $5,000/month
Business Qualifications. We reserve the right to modify limits and/or qualifications at any time, based on our sole discretion.
· Next Day Transfers: The cutoff time for all Next Day transfers is 3:00 PM ET Next Day transfers are not available if the account from which you are transferring funds has had any overdraft or returned items in the three months immediately prior to the transfer date or if you have less than a minimum balance of $750 at the time of the transfer. For the purpose of account security and fraud prevention, we reserve the right to modify the qualifications based on your historical use of the service.
Business Transfers Outside the Bank are subject to the following dollar limits:
· Standard Transfers:
· Incoming/Outgoing Transfers: $25,000/business day and $50,000/month
· Next Day Transfers:
· Incoming/Outgoing Transfers: $10,000/business day and $25,000/month
(vii) Transfer Limits for All Customers.
The above limits apply to the total of all transfers outside the Bank for all accounts. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. A transfer remains "In Process" until fully processed and it will appear as "In Process" on the Transfer History screen within Digital Banking. Transfers typically remain In Process until the close of the third business day after the transfer is initiated.
Transfers outside the Bank are available to all customers, but you agree we may cancel, without prior notice, upon the occurrence of a "Disqualifying Event," as defined below.
We may change your dollar limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits stated above without prior notice upon occurrence of a Disqualifying Event.
Each of the following is a "Disqualifying Event":
· You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Flix Standard Trust account during the current or 3 prior calendar months.
· Any of your accounts with Flix Standard Trust are not current or are not in good standing.
(viii) Processing of Transfers Outside the Bank.
Once a transfer is scheduled, your transfer will be reviewed as part of our fraud prevention process, and may be held until further confirmation is received by you. If necessary, we will make attempts to confirm the transfer with you either by telephone or email. You agree to respond to us at your earliest convenience to avoid any delays of your transfer processing.
(c) How are repeating transfers frequencies scheduled?
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Weekly |
Transfers occur every 7 days beginning with the first transfer date specified. |
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Bi-weekly |
Transfers occur every 14 days, or every other week, beginning with the first transfer date specified. |
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Semi-monthly |
Transfers occur on the first transfer date specified and then again every 15 days after the first transfer date. |
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Monthly |
Transfers occur on the same calendar day of every month, beginning with the first transfer date specified. |
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Every Four Weeks |
Transfers occur every 28 days beginning with the first transfer date specified. |
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Bi-monthly |
Transfers occur on the same calendar date every other month beginning with the first transfer date specified. |
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Quarterly |
Transfers occur on the same calendar date every 3 months beginning with the first transfer date specified. |
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Semi-annually |
Transfers occur on the same calendar date every 6 months beginning with the first transfer date specified. |
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Annually |
Transfers occur on the same calendar date every year beginning with the first transfer date specified. |
Note: If the recurring transfer is scheduled on a weekend or bank holiday, the transfer will be processed on the following business day.
(d) Transaction Processing for Transfers Outside the Bank. Flix Standard Trust shall process Entries on your behalf, including by transmittal through the Automated Clearing House (ACH) and therefore you agree to abide by all applicable laws of any such clearing house and all applicable NACHA rules. Flix Standard Trust can reject a transfer if it is not in compliance with all applicable rules.
You shall be solely responsible for the accuracy and completeness of Transfer Instructions transmitted to Flix Standard Trust. Flix Standard Trust shall not be responsible for any errors in the Instructions or requests for cancellation or amendment of Instructions transmitted to Flix Standard Trust by you, and your sole recourse for erroneous or unauthorized Entries or Instructions received by Flix Standard Trust from a third-party processor acting on behalf of you is against such third-party processor and not against Flix Standard Trust.
Settlement for Entries will occur as provided in the Rules, except that Flix Standard Trust may, upon notice, require Settlement prior to processing. Payment of a Credit Entry by the Receiving Depository Financial Institution to the Receiver shall be provisional until receipt by the Receiving Depository Financial Institution of final Settlement for such Entry. You acknowledge that, if such final Settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid the Receiver the amount of the Entry.
If an Entry describes the Receiver inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named Receiver. In addition, if an Entry describes the Receiving Depository Financial Institution inconsistently by name and identification number or routing number, payment may be made on the basis of the identification number or routing number even if it identifies a financial institution other than the named Receiving Depository Financial Institution.
If you transmit an Entry that instructs Flix Standard Trust to debit or credit an account at a financial institution that does not participate in an ACH association, Flix Standard Trust may reject such Entry and use reasonable efforts to notify you of such rejection.
You agree to maintain sufficient collected balances in your Account to cover your transfer obligations for all Entries transmitted to Flix Standard Trust.
You authorize Flix Standard Trust to obtain payment of any amount due Flix Standard Trust with respect to any of the Entries by debiting, without prior notice or demand, the Account or any other account maintained by you at Flix Standard Trust or, to the extent permitted by applicable law, any of its affiliate banks.
Entries requiring payments in excess of the collected balances available in the Account may be returned unprocessed by Flix Standard Trust, provided that Flix Standard Trust may, in its discretion, debit other accounts maintained by you at Flix Standard Trust in order to complete the Entry or honor the payroll check.
You shall fund the Account with collected funds on or prior to any applicable Settlement Date, or, if so notified by Flix Standard Trust, on or prior to the date any Entries are to be processed. In the event that there are not sufficient collected funds in the Account to cover all Entries transmitted to Flix Standard Trust by you, such Entries will be completed in the order determined by Flix Standard Trust. If you fail to fund the Account as required, then Flix Standard Trust may refuse to provide Transfers Outside the Bank Services to you.
With respect to Credit Entries, you agree that Flix Standard Trust may place a hold on funds in the amount of the Entry between the time the Entry is transmitted to Flix Standard Trust and the time the transfer is completed.
With respect to Debit Entries, you agree that Flix Standard Trust may place a hold on amounts credited to the Account between the time the amount is credited and the time the credit becomes final and irrevocable. Flix Standard Trust requires you to fund the Account in advance of a Settlement Date in an amount sufficient to cover all Entries scheduled to be settled on such date.
Periodic Statements Transfer outside the Bank Entries processed will be reflected in periodic statements issued by Flix Standard Trust Inc, N.A. You must notify Flix Standard Trust Inc promptly of any discrepancy between your records and the information reflected in such periodic statements. If you fail to notify Flix Standard Trust Inc of any such discrepancy within the time period set forth in the Account Agreement, you shall be precluded from asserting the discrepancy against Flix Standard Trust.
11. Popmoney® Small Business – Payments Outside the Bank
Payments must be made in accordance with the terms of this Agreement and any other applicable Account agreements. The payment feature described here applies to Popmoney Small Business services.
PAYMENTS OUTSIDE THE BANK TO ACCOUNTS YOU DO NOT OWN ARE SUBJECT TO THE FOLLOWING FEES AND QUALIFICATIONS:
Incoming Payments: There is no per item fee for payment funds into the bank.
Outgoing Payments:
· Standard Payments: You may complete up to 25 payments per calendar month to external accounts other than your own, for a monthly fee of $20. An additional $1 fee will be assessed for each payment request over the 25 in any calendar month.
· Next Day Payments: If you send money to an external account other than your own a $10 fee per Payment will apply. Next Day payments are only available if the account from which you are sending funds has had (1) no overdraft or returned items in the two months immediately prior to the payment date and (2) an outgoing payment of at least $1,000 to an external account other than your own in the 45 days prior to the Next Day payment you wish to make.
For the purpose of account security and fraud prevention, we reserve the right to modify the qualifications based on your historical use of the service.
(ii) Small Business Invoicing.
Invoicing Fees: A $20 fee per calendar month for 25 invoice requests. There will be an additional $1 fee for each request over the 25 in a calendar month.
Standard Invoicing Payments Limits:
· Incoming/Outgoing Payments: $25,000/business day and $50,000/month
· Next Day Payments: Incoming/Outgoing Payments: $5,000/business day and $25,000/month
The above limits apply to the total of all Payments outside the Bank for all accounts. Any payments initiated on a day that is not a business day counts toward the applicable limit for the next business day. A payment remains "In Process" until fully processed and it will appear as "In Process" on the Payment History screen within Digital Banking.
Payments typically remain In Process until the close of the third business day after the payment is initiated.
Scheduled Payments can be cancelled or stopped until the day prior to the scheduled payment date. At which point the payment will be shown as "In Process" and cannot be altered or cancelled.
(iii) Disqualifying Event of a Payment.
Payments Outside the Bank are available to all customers, but you agree we may cancel, without prior notice, upon the occurrence of a "Disqualifying Event," as defined below.
We may change your dollar limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits stated above without prior notice upon occurrence of a Disqualifying Event.
Each of the following is a "Disqualifying Event":
· You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Flix Standard Trust account during the current or 3 prior calendar months.
· Any of your accounts with Flix Standard Trust are not current or are not in good standing.
(iv) Repeating Payment Frequency Options.
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Weekly: |
Payments occur every 7 days beginning with the first payment date specified. |
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Bi-weekly: |
Payments occur every 14 days, or every other week, beginning with the first payment date specified. |
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Semi-Monthly: |
Payments occur on the first payment date specified and then again every 15 days after the first payment date. |
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Monthly: |
Payments occur on the same calendar day of every month, beginning with the first payment date specified. |
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Every Four Weeks: |
Payments occur every 28 days beginning with the first payment date specified. |
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Bi-monthly: |
Payments occur on the same calendar date every other month beginning with the first payment date specified. |
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Quarterly: |
Payments occur on the same calendar date every 3 months beginning with the first payment date specified. |
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Semi-annually: |
Payments occur on the same calendar date every 6 months beginning with the first payment date specified. |
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Annually: |
Payments occur on the same calendar date every year beginning with the first payment date specified. |
Note: If the recurring payment is scheduled on a Sunday or bank holiday, the payment will be processed on the following business day.
(v) Processing of Payments outside the Bank:
Once a payment is scheduled, your payment will be reviewed as part of our fraud prevention process, and may be held until further confirmation is received by you. If necessary, we will make attempts to confirm the payment with you either by telephone or email. You agree to respond to us at your earliest convenience to avoid any delays of your payment processing.
Transaction Processing for Payments Outside the Bank: Flix Standard Trust Inc shall process Entries on your behalf, including by transmittal through the Automated Clearing House (ACH) and therefore you agree to abide by all applicable laws of any such clearing house and all applicable NACHA rules. Flix Standard Trust can reject a payment if it is not in compliance with all applicable rules.
You shall be solely responsible for the accuracy and completeness of Payment Instructions transmitted to Flix Standard Trust Inc. Flix Standard Trust shall not be responsible for any errors in the Instructions or requests for cancellation or amendment of Instructions transmitted to Flix Standard Trust by you, and your sole recourse for erroneous or unauthorized Entries or Instructions received by Flix Standard Trust from a third-party processor acting on behalf of you is against such third-party processor and not against Flix Standard Trust.
Settlement for Entries will occur as provided in the Rules, except that Flix Standard Trust may, upon notice, require Settlement prior to processing.
Payment of a Credit Entry by the Receiving Depository Financial Institution to the Receiver shall be provisional until receipt by the Receiving Depository Financial Institution of final Settlement for such Entry. You acknowledge that, if such final Settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid the Receiver the amount of the Entry.
If an Entry describes the Receiver inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named Receiver. In addition, if an Entry describes the Receiving Depository Financial Institution inconsistently by name and identification number or routing number, payment may be made on the basis of the identification number or routing number even if it identifies a financial institution other than the named Receiving Depository Financial Institution.
If you transmit an Entry that instructs Flix Standard Trust to debit or credit an account at a financial institution that does not participate in an ACH association, Flix Standard Trust may reject such Entry and use reasonable efforts to notify you of such rejection.
You agree to maintain sufficient collected balances in your Account to cover your payment obligations for all Entries transmitted to Flix Standard Trust.
You authorize Flix Standard Trust to obtain payment of any amount due Flix Standard Trust with respect to any of the Entries by debiting, without prior notice or demand, the Account or any other account maintained by you at Flix Standard Trust or, to the extent permitted by applicable law, any of its affiliate banks.
Entries requiring payments in excess of the collected balances available in the Account may be returned unprocessed by Flix Standard Trust, provided that Flix Standard Trust may, in its discretion, debit other accounts maintained by you at Flix Standard Trust in order to complete the Entry or honor the payroll check.
You shall fund the Account with collected funds on or prior to any applicable Settlement Date, or, if so notified by Flix Standard Trust, on or prior to the date any Entries are to be processed. In the event that there are not sufficient collected funds in the Account to cover all Entries transmitted to Flix Standard Trust by you, such Entries will be completed in the order determined by Flix Standard Trust. If you fail to fund the Account as required, then Flix Standard Trust may refuse to provide Payments Outside the Bank Services to you.
With respect to Credit Entries, you agree that Flix Standard Trust may place a hold on funds in the amount of the Entry between the time the Entry is transmitted to Flix Standard Trust and the time the payment is completed.
With respect to Debit Entries, you agree that Flix Standard Trust may place a hold on amounts credited to the Account between the time the amount is credited and the time the credit becomes final and irrevocable. Flix Standard Trust requires you to fund the Account in advance of a Settlement Date in an amount sufficient to cover all Entries scheduled to be settled on such date.
NEXT DAY PAYMENTS OUTSIDE THE BANK the cutoff time means 3:00 PM ET on any Business Day and is the time by which you must transmit instructions in order for such payment to be considered entered on that particular Business day.
STANDARD PAYMENTS OUTSIDE THE BANK the cutoff time means 1:00 AM ET on any Business Day and is the time by which you must transmit instructions in order for such payment to be considered entered on the prior Business day. Periodic Statements - Payment Outside the Bank Entries processed will be reflected in periodic statements issued by Flix Standard Trust Inc, N.A. You must notify Flix Standard Trust promptly of any discrepancy between your records and the information reflected in such periodic statements. If you fail to notify Flix Standard Trust of any such discrepancy within the time period set forth in the Account Agreement, you shall be precluded from asserting the discrepancy against Flix Standard Trust.
Any documentation provided to you which indicates that an electronic fund transfer was made will be admissible as evidence of the transfer and will constitute prima facie proof that the transfer was made. The initiation by you of certain electronic fund transfers from your Account will effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
Bill Payments may only be made from Eligible Linked Accounts that are Checking or Money Market Accounts and must be made in accordance with the terms of this Agreement and any other applicable Account agreements. In order to make a Bill Payment, customers must have a social security number. Furthermore, Bill Payments may only be made in the United States.
(i) Payments. You authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf to the Biller. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data, including deleting duplicate payments, or data formats in accordance with Biller directives. When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Pay Date as designated by you. In rare instances, if the payment is sent by Laser Draft (a paper check drawn on your Payment Account), the payment may be received by the Biller and debited from your account prior to the Pay Date. You also authorize the Bill Payment Service to credit your Payment Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller.
(ii) Payment Methods. There are two possible methods that may be used to remit your payment.
· Electronic Payment Funds are transmitted electronically to your designated Biller and debited from your payment account on the Pay Date.
· Laser Draft Funds are remitted via a paper check drawn on your Payment Account payable to your designated Biller and debited from your Payment Account on presentment to the bank.
The Bill Payment Service reserves the right to select the method in which to remit funds on your behalf to your Biller.
(iii) Scheduling Bill Payments.
When entering your Payment Instructions, you will be asked to provide a Pay Date. To avoid late fees and other finance charges, the Pay Date that you enter should be equal to or earlier than the actual Due Date of your bill, not the late date and/or a date within the grace period. If it is not, you will be responsible for any late payment fess, finance charges or other action taken by the Biller or us.
The earliest possible Pay Date for each Biller will presented via calendar when you are scheduling the payment. Therefore, the application will not permit you to select a date less than the earliest possible Pay Date designated for each Biller. When scheduling payments you must select a Pay 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 Pay Date that is at least one (1) Business Day before the actual Due Date. Pay Dates must be equal to or prior to the actual Due Date of the bill, not the late date and/or a date within the grace period.
If you properly follow the procedures for submitting payments, and we fail to make a bill payment from your Payment Account on time and in accordance with your Payment Instructions, we will be liable to you as described in the section of this Agreement entitled OUR LIABILITY FOR FAILURE TO TRANSFER FUNDS OR COMPLETE BILL PAYMENTS.
(iv) Processing of Your Bill Payments. Once a bill payment is scheduled, your payment will be reviewed as part of our fraud prevention process, and may be held until further confirmation is received by you. If necessary, we will make attempts to confirm the payment with you either by telephone or email. You agree to respond to us at your earliest convenience to avoid any delays of your payment processing, however if confirmation is not received within ten (10) business days following your Pay Date, your payment may not process.
(v) Canceling and Modifying Bill Payments. You may cancel or edit a payment up to (3) Business Days or more prior to the Pay Date by following the directions within the help section of the Bill Payment Service. There is no charge for canceling or editing a Pending Payment. Once the Service has begun processing a payment it cannot be cancelled or edited.
(vi) Prohibited Payments.
You cannot use Bill Payment Service to pay any company or person with an address outside the United States or its territories.
Tax and court ordered payments may be scheduled through the Bill Payment Service; however such payments are discouraged and must be scheduled at your own risk.
The bank is not responsible for researching these types of payments, in the event they don't process as scheduled. Prohibited Payments are not covered by the Digital Guarantee.
We also reserve the right to refuse to make payments to certain Billers. We will promptly notify you if we decide to refuse to make a payment to a certain Biller. We will not, however, notify you if you attempt to make a Prohibited Payment.
In no event will we be liable or any claims or damages resulting from the scheduling of Prohibited Payments. All service guarantees are void when a Prohibited Payment is scheduled or processed. The Digital Service has no obligation to research or resolve any claim resulting from a Prohibited Payment. All research and resolution for any misapplied, mis-posted, or misdirected payments will be the sole responsibility of you and not of the Digital Service.
(vii) Returned Payments. In using the Digital Service, you understand that Billers, payment processors, or the United States Postal Service may return payments to the Digital Service for various reasons. These reasons can include, but are not limited to the following:
· the Biller's forwarding address has expired;
· the Biller's account number is not valid;
· the Biller is unable to locate the account; or
· your account with the Biller is paid in full.
The Digital Service will use its best efforts to research and correct the returned payment and return it to your Biller. Electronic to Check payments outstanding after 90 days may be voided and the payment amount credited to your Payment Account. Laser Draft payments will remain outstanding. You are responsible for reconciling your Account(s) and reviewing the status of the payments. If we are unable to complete a payment for any reason, we may, in a method of our choosing and at our sole discretion, provide you with notice.
(viii) Stop Payment Requests. A stop payment may only be requested if a check has been issued for your payment and if the check has not cleared. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service may not have a reasonable opportunity to act on any stop payment request and 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 in the agreement governing your accounts with us.
A stop payment cannot be requested if the payment was remitted to your Biller electronically. You should contact your Biller directly to request any payment refund. If you desire assistance with this process, you must contact Customer Service.
Other than as described above, you may not stop or edit a bill payment.
(ix) Bill Delivery and Presentment. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
· Information provided to the Biller. The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting 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. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
· Activation. Upon activation of the electronic bill feature the Bill Payment Service may 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. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the 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. Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your User ID and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
· Notification. The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service 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. The Service 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. The Service 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 the Service 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. The Service is not responsible for the accuracy of your electronic bill(s). The Service is 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 addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
14. Disclosure of Account Information to Third Parties
In order that your privacy may be protected, we will not disclose any information to third parties about you, including e-mail addresses, or your Accounts or the transfers you make, except in the situations noted below. We will disclose such information:
(i) where it is necessary for completing transfers or payments, or to resolve a problem related to a transfer or payment;
(ii) in order to verify the condition and existence of your Accounts for a third party, such as a credit bureau or merchant;
(iii) to persons authorized by law in the course of their official duties;
(iv) to a consumer reporting agency as defined by Applicable Law;
(v) in order to comply with government agency or court orders, such as a lawful subpoena;
(vi) to third parties that assist us in marketing products and services or other financial institutions with which we have joint marketing agreements to enhance our financial product or service offerings;
(vii) to our employees, auditors, service providers, attorneys or collection agents in the course of their duties;
(viii) as disclosed in our Privacy Policy; or
(ix) if you give us your written permission (including e-mail).
15. Insufficient Funds to Complete Transfer or Bill Payment
You must have available funds in your Account, and any Account linked for an overdraft plan, on the date that your payment or transfer will be made and your Account will be debited. If a Bank Account has insufficient funds, the transaction may not be completed. If we, in our sole discretion, decide to complete the transaction, we may require you to pay the overdraft and charge you an overdraft fee. We are not, however, under any obligation to allow an overdraft to be created, unless you have an overdraft plan in place on the affected Account(s).
16. Our Liability for Failure to Transfer Funds or Make Payment
If we debit your Account incorrectly or your payment is sent to a person or entity different than set out in your Payment Instructions, we will be responsible for returning the improperly transferred funds to your Payment Account and for resending the payment properly. If we do not complete a transfer or bill payment to or from your Account on time or in the correct amount in accordance with your Transfer or Payment Instructions, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if:
· You did not properly follow the provisions of this Agreement, the instructions for the Digital Service, or other instructions for making a transfer or payment;
· You choose a Payment Date that is not equal to or earlier than the Payee Biller's bill payment Due Date, or not the late date and/or a date within the grace period;
· Through no fault of ours, you do not have enough funds in your Account(s) to make a transfer or payment;
· The transfer will exceed the credit limit on your Overdraft Line of Credit with us;
· Your computer, mobile device, tablet, the software, the operating system, phone lines, our computer systems or the Digital Service were not working properly or were temporarily unavailable, and this problem was apparent to you when you attempted the transfer or payment or you were advised by the Digital Service about the malfunction before you executed the transaction;
· Circumstances beyond our control prevented the transfer or payment, despite reasonable precautions that we have taken, include telecommunication outages, postal strikes, fires, floods or other natural disasters;
· We have paid funds from, or placed a "hold" on funds in your Account or remitted funds to another party, pursuant to reasonable business procedures, or in compliance with legal processes such as a garnishment, tax levy or court order;
· You have not provided the Bill Payment Service with the correct names, phone numbers, or account information of your Biller;
· We have received incomplete or inaccurate information from you or a third party involving the Account with respect to a transfer or payment;
· The Biller mishandles or delays a payment sent by the Bill Payment Service;
· Unauthorized use of your Digital User ID, Password, Account or debit card has occurred or may be occurring;
· We or you have terminated your Digital Service or closed your Account to which the Digital User ID was linked;
· You have supplied your login information to another party;
· For any other reason specified in this Agreement or any other agreement(s) we have with you.
If your profile or one of the funding accounts is inactivated, any Pending Payments and recurring models will be cancelled. If you are reactivated at any time, these Pending Payments and recurring models have been cancelled and will never process. Any recurring models that were previously added will have to be set up again. If you go to a “Frozen” status, Pending Payments and recurring models are not cancelled they are considered in a "hold" status. Hence, if you are moved from an “Frozen” status back to an “Active” status payments that were Pending in the past seven (7) business days and in the future three (3) business days will be selected and processed.
Unless otherwise required by Applicable Law, we will not be liable to you under any circumstances for special, indirect or consequential damages, including without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.
17. Consumer Bank Accounts - Unauthorized Use
CONTACT IN THE EVENT OF UNAUTHORIZED USE. If you believe your User ID or Password has become known or has been used (or may be used) without your permission, call the Contact Center immediately at 1-800-922-9999, 24 hours a day; contact us through your secure Digital Message Center; or write to us at:
Flix Standard Trust Inc
C/O Digital Services
One Flix Standard Trusts Drive
Riverside, RI 02915
Tell us AT ONCE if you believe your Digital User ID or Password, or both, has been lost, stolen, or used (or may be used) without your permission. Telephoning is the best way of keeping possible losses to a minimum. You could lose all of the money in your Account, including any amount available in a linked Overdraft Line of Credit or overdraft Savings Account. If you notify us within two (2) Business Days after you discover your Digital User ID, Password or other means of access to your account has been lost or stolen, you can lose no more than $50 if someone used your Digital User ID or Password without your permission.
If you do NOT notify 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 Digital User ID, Password or other means to access your account if you had notified us, you could lose as much as $500.00.
Massachusetts Customers: You can lose no more than $50.00 if you fail to give us notice of your Digital User ID or Password being used without your permission.
Also, if your statement shows transfers that you did not make, including those made by User ID, Password, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement containing the unauthorized activity was sent to you, 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 a hospital stay) kept you from telling us, we will extend the time periods.
In Case of Errors or Questions About Your Electronic Transfers. In case of errors or questions about your payments or transfers, you should notify us as soon as possible via one of the following:
· Telephone us at 1-800-922-9999; or
· Your secure Digital Message Center; or
· Write us at:
Flix Standard Trust Inc
C/O Digital Services
One Flix Standard Trusts Drive
Riverside, RI 02915
If you think your statement is incorrect or you need more information about a Digital Service transaction listed on the statement, we must receive notice from you no later than sixty (60) days after the FIRST statement was sent to you on which the error appears. You must:
· tell us your name and account number;
· describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
· tell us the dollar amount and date of the suspected error.
It will be helpful to us if you also give us a telephone number at which you can be reached in case we need any additional information.
If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after you have notified us. We will determine whether an error occurred within ten (10) Business Days after we hear from you 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 investigate your complaint or question following the date you notified us. If we decide to do this, we will credit your Account within ten (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 ten (10) Business Days, we may not credit your Account.
For errors involving new Accounts, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error.
We will provide you the results within three (3) Business Days after completing our investigation. If it is determined that there was no error we will mail you a written explanation. You may ask for copies of documents used in our investigation. We may revoke any credit provided to you if we find an error did not occur.
18. Business Accounts - Unauthorized Use
Unauthorized Use. In case of errors or questions about your transactions, you should call us at 1-800-922-9999, contact us through your secure Digital Message Center; or write us at:
Flix Standard Trust Inc
C/O Digital Services
One Flix Standard Trusts Drive
Riverside, RI 02915
We will use commercially reasonable efforts to resolve the error or question. The following definitions shall apply to this Section of the Agreement as related to Business Accounts only.
Super User. The Super User is the individual designated, generally the business owner or Account holder (as defined on the Business Deposit Account Certificate of Authority) to control access rights to the Digital Service. The Super User must be authorized to act on behalf of the business. The Super User is designated during enrollment. If you auto-enroll (using an eligible ATM or Debit Card and PIN) you will be designated as the Super User. One Super User may be designated per Digital Service profile.
Sub User. The Sub User is an individual authorized by the Super User to access the Digital Service.
Access. The Super User will have full access to the Digital Service and can set up one or more Sub Users and authorize each Sub User to have access to all or any part of the Digital Service that the Super User can access. The Super User and each Sub User will have separate Digital User IDs and Passwords. You acknowledge that by authorizing access to a Sub User, you will be allowing the Sub User to view (including check images), maintain, and transact, including transfers and bill payments, as granted by the Super User, on linked business Accounts assigned by the Super User within the Digital Service. You also acknowledge that the Sub User will, at a minimum, be able to view Account balances, transactions, check images, Digital statements and Digital notices for any Account for which access has been granted. It is the responsibility of the business to notify us of any additions or changes (including removal of any authorized Super or Sub User) to your Digital Service.
Linking Business and Personal Accounts. If you are a business owner or Account holder and the Super User for an Digital profile and are an owner or Account holder of other Accounts, either business or personal, you may choose to link the Accounts on the same profile (using the same Digital User ID and Password). You understand that error resolution policies and other terms of the Digital Service are different for business and personal Accounts, regardless of whether they appear on the same profile. Your Digital access to both Accounts must be the same (for example, you may not link an Account on which you have inquiry-only access to an Account on which you have full access.) You agree to notify us if your access to or authority over any linked Account changes. We will not be liable for any unauthorized activity prior to notification or until we have had a reasonable opportunity to act.
YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY ACCESS, MAINTENANCE, PAYMENTS, TRANSFERS OR OTHER TRANSACTIONS INVOLVING ANY ACCOUNT LINKED TO YOUR SERVICE BY ADDITIONAL USERS THAT OCCURS BEFORE YOU NOTIFY US OF CHANGES OR POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD REASONABLE OPPORTUNITY TO ACT.
Your Accounts linked to the Digital Service will also be governed by the agreements, disclosures and other documents provided to you in connection with the opening of your Account(s) and as they may be amended from time to time. If you have overdraft plan accounts that are linked to your Account, they continue to be governed by the applicable agreements you have with us. Except in the case of your Deposit Account Agreement with us and the accompanying Fees and Features Guide, if any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.
20. Linked Digital Investment Accounts
You can access your Digital Investment Accounts through the Digital Service via a link provided for that purpose. If you choose to access your Digital Investment Accounts through the online banking that link you will be leaving the Flix Standard Trust Inc site and will be redirected to the SpeciFi website, which is hosted by a third-party. Please note that use of the SpeciFi website and the digital investment services available through the site are subject to the terms and conditions of your agreement with CSI, which may have different privacy and information securities policies from those of Flix Standard Trust.
21. Terminating the Digital Service
We reserve the right to terminate your use of the Digital Service for any reason including inactivity and at any time without notifying you. You have the right to terminate your use of the Digital Service by calling us at 1-800-656-6561 at any time during our normal business hours, or by writing to us at:
Flix Standard Trust Inc
C/O Digital Services
One Flix Standard Trusts Drive
Riverside, RI 02915
If you call, we may require you to put your request in writing and get it to us within ten (10) days after you call. If you have recurring payments or transfers from your Account, you must notify the Biller of your termination of the Digital Service.
Any termination of your use of the Digital Service, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement which have arisen before the effective date of such termination or are otherwise identified as surviving such termination.
22. Amendments or Changes to Service or Agreement
We reserve the right, from time to time, to amend this Agreement or change the features or services offered by the Digital Service, in our sole discretion. In instances where such changes will have an adverse impact upon you or we are otherwise required by Applicable Law or regulation, we will send you written or electronic notice about the change at least twenty-one (21) calendar days prior to the effective date of any such change. If however, the change is made for security purposes, the change will be implemented without any notice to you.
If any such required advance notice is returned to us as undeliverable because of a change in your address which you have not notified us about in writing or any other reason which is not our fault, the changes described in that notice are still binding on you. If you do not agree to the changes, you may terminate this Agreement or use in any one specific digital service, such as FACE/Touch ID or Mobile Deposit in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue your enrollment in or use the Digital Service, including, but not limited to Face/Touch ID and Mobile Deposit after the date on which the changes became effective.
The captions and headings contained in this Agreement are for convenience of reference only and shall not be used to limit the applicability or meaning of any provisions of this Agreement.
You agree that we are not responsible for any electronic virus that you may encounter using the Digital Service. We encourage you to routinely scan your computer, mobile device and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.
Except as specifically provided in this Agreement or where Applicable Law requires a different standard, you agree that neither we or any third party service provider engaged by us to perform any of the services related to the Digital Service, shall be responsible for any damages or losses, whether related to property or bodily injury, incurred as a result of your using or attempting to use the Digital Service, whether caused by equipment, software, Internet Service Providers, browser software or any agent or subcontractor of any of the foregoing. Without limiting the foregoing, we will not be liable for delays or mistakes which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, insurrection, war, riots, acts of terrorism, failure of transportation, communication or power supply, or malfunction or unavoidable difficulties with our equipment. You also agree that we or any third party service provider that we engage with, will not be responsible for any direct, punitive, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Digital Service or Internet Browser or access software, or from the unavailability of the Digital Service or for any errors in information provided through the Digital Service.
If a court finds that we are liable to you because of what we did (or did not do, as the case may be) under or in connection with this Agreement, you may recover from us only your actual damages, in an amount not to exceed the total fees and charges paid by you to us under and in connection with this Agreement during the 6 month period immediately preceding the event giving rise to our liability. You agree that the dollar limitation described in the preceding sentence is reasonable, to the extent permitted by Applicable Law.
IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY SPECIAL CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUBJECT TO APPLICABLE LAW.
There is no monthly maintenance fee for the Digital Service. There may be incidental charges and fees associated with the Digital Service, such as those in the credit account and deposit account agreements, including, but not limited to, Account fees and charges you initiate by requesting stop payments, check copies, or similar services.
We reserve the right to change any incidental charges and fees associated with the Digital Service from time to time. Consult your credit account agreement or Personal or Business Deposit Account Agreement and related Fees and Features guide for reference to additional fees that may be incurred.
27. Address or Banking Changes
We will rely on your address as it appears on our records for any and all communications we send to you unless you notify us of a change of address through the Online Banking application or, for Bank Accounts, by writing us at:
Flix Standard Trust Inc
C/O Digital Services
One Flix Standard Trusts Drive
Riverside RI, 02915
or by calling Flix Standard Trust Contact Center anytime at 1–888–PFTB, and we have had a reasonable opportunity to act on such notice. You also agree to notify us in writing at the above address at least ten (10) Business Days in advance of any change in your banking status or other customer information, such as your e-mail address or phone number.
Your enrollment in the Digital Service may not be fulfilled if the Digital Service cannot verify your identity or other necessary information. Through your enrollment in the Digital Service, you agree that the Digital Service may obtain a credit report on you from time to time. Information obtained will be used by the Digital Service to verify information you provide to the Digital Service and for other business purposes. You agree that the Digital 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). In addition, you agree that the Digital Service reserves the right to verify any of the information you provide.
You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities under this Agreement to any third party or entity. Any such attempted assignment or delegation will not be recognized by us unless and until acknowledged by us in writing. We are not, however, under any obligation to give you our written acknowledgment.
We may, in our sole discretion and at any time, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.
No delay of or waiver by us of any power, right, remedy or obligation under or in connection with this Agreement on any one occasion will constitute a waiver of that power, right, remedy or obligation on any later occasion. In any event, no such delay or waiver by us is effective unless it is in writing and signed by us.
This Agreement shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where we open your Account, or, if we transfer your account to another location, where we currently maintain your Account, without regard to its choice of law provisions.
If any provision of this Agreement is held to be void or unenforceable by a court of competent jurisdiction, or any governmental agency having competent jurisdiction over us, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be treated as part of this Agreement. All other provisions of this Agreement will, however, remain in full force and effect.
This Agreement may be amended by us from time to time and is the entire agreement between you and us with respect to the Digital Service and supersedes any and all prior communications and prior agreements between you and us with respect to the Digital Service.
34. Indemnification and Third Parties
You hereby indemnify Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an "Indemnified Party" and, collectively, the "Indemnified Parties") for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys' fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to Bank or (iii) failure to maintain compliance with the Rules, (b) (i) Bank's provision of the Service, and/or (ii) Bank's action or inaction in accordance with, or in reliance upon, any instructions or information received from any person Bank reasonably believes to be you, (c) your breach of any of your representations, warranties, covenants or other agreements or responsibilities under this Agreement,(d) your breach or violation of any Rules, and/or (e) (i) your use or the use by any authorized users of Face/Touch ID, your account(s) or your Device, or (ii) any breach of these Terms by you, any joint account holders, or any authorized users of Face/Touch ID, your account(s) or your Device. You agree that you will use your best efforts to cooperate with us in the prosecution or defense of any such claim(s) ; provided, however, you are not obligated to indemnify Bank for any damages solely and proximately caused by Bank's gross negligence or willful misconduct.
UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, THE DIGITAL SERVICE IS PROVIDED AS IS, AND WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DIGITAL SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT.
YOU AGREE YOUR USE OF THIS DIGITAL 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. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, 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 THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) 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. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE TO BE PERFORMED PURSUANT HERETO.
THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
36. Contacting You and Mobile Alerts
Flix Standard Trust e-mail and SMS message banking alerts service enables you to receive notices from time to time concerning available balance information and other issues relating to your Flix Standard Trust account(s). By signing up to receive one or more of the notices that are offered by the banking alerts service, you acknowledge that you are aware of and agree to abide by the following terms and conditions:
(i) The banking alerts service allows you to request and receive SMS message and e-mail messages about your accounts with Flix Standard Trust. We send banking alerts to you based upon the instructions you provide to us. The mobile phone number(s) and e-mail address(es) you provide are neither reviewed nor verified by Flix Standard Trust prior to or following activation of the banking alerts service. You hereby acknowledge and accept that each banking alert is sent to you without being encrypted and may include your name and information pertaining to your Flix Standard Trust account(s).
(ii) You may receive banking alerts through a text- or web-enabled mobile device, an e-mail account that is accessed via a personal computer, or both. It is your responsibility to determine if your mobile service provider supports text messaging and your telephone or other mobile device is capable of receiving text messages. Flix Standard Trust alerts are subject to the terms and conditions of your agreement(s) with your cellular phone carrier and/or internet service provider. You are responsible for any fees imposed by your cellular phone service and internet service provider of any kind whatsoever.
(iii) You acknowledge and agree that your receipt of any banking alerts may be delayed or prevented by factor(s) affecting your cellular phone service provider, internet service provider(s) and other factors outside Flix Standard Trust control. We neither guarantee the delivery nor the accuracy of the contents of each banking alert. You agree to not hold Flix Standard Trust, its directors, officers, employees and agents liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of a banking alert; (b) inaccurate or incomplete content in a banking alert; or (c) your reliance on or use of the information provided in a banking alert for any purpose.
(iv) Flix Standard Trust provides this service as a convenience to you for information purposes only. A banking alert does not constitute a bank record for the deposit or credit account to which it pertains. Flix Standard Trust reserves the right to terminate its banking alerts service or begin charging a fee for such service at any time without prior notice to you. Nothing contained herein shall amend, supersede or nullify anything contained in any other agreement you have made with Flix Standard Trust.
(v) You authorize us (and our affiliates, agents and contractors) to contact you at any email or number you provide to us, from which you call us, or at which we believe we can reach you, and that we may contact you for any reason, including regarding any log-in attempts, requests you make for a loan or other product, to service or collect on every account you currently have with us or may have with us in the future, and regarding any other products or services we are providing to you or which we provide to you in the future. You authorize us to contact you in any manner, including by means of automated dialing devices, prerecorded messages, email communications, wireless push notifications, or text messages, even if you are charged for receiving the communication and even if you will receive the communication on a mobile or wireless device. You agree that such calls are not unsolicited and that we may monitor and/or record them. You also agree to receive emails from us to any address where we reasonably believe that we may contact you.
In order for you to utilize the Face ID or Touch ID functions of our Mobile Banking app (collectively “Face/Touch ID”), you must be enrolled in the Digital Service and agree to this Agreement and the Electronic Notice Disclosure and Consent. Other agreements you may have entered into with the Bank in connection with your Flix Standard Trust accounts and other services, are incorporated by reference and made a part of this Agreement. Terms not otherwise defined in this Agreement shall have the definition ascribed to those terms in the applicable agreement(s).
(i) Relationship to Apple. Face/Touch ID utilizes Apple’s biometric technology. Apple is the provider of Face/Touch ID technology, and is solely responsible for its use and functionality. You should contact Apple’s customer service if you have any questions concerning how to use the Face/Touch ID technology or experience problems with the Face/Touch ID technology.
Flix Standard Trusts does not have access to your facial recognition or fingerprint information. For information on how Apple uses and stores mathematical representations of your face, your fingerprint and Keychain data, please see Apple’s Privacy Policy and iOS Security Guides. Uninstalling the Flix Standard Trust Mobile Banking application does not delete your Keychain data from your Device.
(ii) Account and Device Eligibility. Face/Touch ID is currently available on the Flix Standard Trust Mobile Banking application. You are required to have an eligible Device in order to use Face/Touch ID. Devices which have been unlocked in an unauthorized fashion or otherwise modified may not be eligible for use with Face/Touch ID. You understand and agree that the use of an ineligible Device in connection with Face/Touch ID is expressly prohibited, constitutes a breach of these Terms, and is grounds for us to suspend, terminate, or otherwise deny access to the Mobile Banking Application.
We reserve the right to suspend, disable or deactivate the Face/Touch ID function at any time.
(iii) Privacy and Security. Be aware that the face/fingerprints stored on the Device will have access to the Flix Standard Trust Mobile Banking Application once Face/Touch ID has been enabled within the application. You agree that the face and fingerprints stored on this Device are authorized to access your account. Flix Standard Trusts recommends you not utilize Face/Touch ID if there is more than one face or set of fingerprints stored on the Device. Flix Standard Trusts assumes no responsibility for use of your Flix Standard Trusts account when it is accessed using a face or fingerprint stored on the Device.
(iv) Enabling and Disabling the Face/Touch ID Function. Only one Digital Service User ID can utilize Face/Touch ID on any given Device. You can turn the Face or Touch ID feature on or off by swiping “Enable Face/Touch ID” on the Login and Security screen within Settings. Upon enabling Face/Touch ID, the User ID stored on the Device will be saved within this application. The next time you enter the application you’ll be asked to log in using Face/Touch ID. You can deactivate Face/Touch ID immediately on your Device by changing your account password for the Digital Service. Disabling or uninstalling the Flix Standard Trust Mobile Banking application does not delete your Keychain data from your Device.
(v) Lost or Stolen Devices; Unauthorized Use. You understand that Apple requires a passcode on the Device in order to enable Face/Touch ID, and agree to use a passcode while utilizing Face/Touch ID.
If you utilize Face/Touch ID and (1) your Device is lost or stolen, (2) your credentials are compromised (including if you have a reasonable belief that your credentials have been compromised), or (3) you believe unauthorized person(s) have made or attempted to make transactions using Face/Touch ID, you agree to notify Flix Standard Trusts immediately at 1-800-922-9999 and deactivate Face/Touch ID.
Subject to your other Account Agreement(s) with Flix Standard Trusts, if you fail to notify us in a timely manner, you may be liable for all or a portion of the losses associated with the unauthorized use of Face/Touch ID. You agree to cooperate with us in connection with any resulting investigation into allegations of fraud or unauthorized use in connection with Face/Touch ID or other engagement using the mobile banking application.
(vi) Intellectual Property Disclaimer. Apple, Face ID, Touch ID, iPhone, and iPad are trademarks and service marks of Apple Inc., some or all of which are registered in the United States and other countries. Our use of these marks does not indicate any endorsement by or affiliation with Apple Inc.
38. Flix Standard Trust Mobile Deposit™ Service
This Section 38 contains the terms and conditions for use of the Mobile Deposit Service that the Bank provides to you. Before you can enroll in and have access to the Mobile Deposit Service, you must enroll in the Digital Service and agree to this Section 38 and the Electronic Notice Disclosure and Consent, which is hereby incorporated by reference and is made a part of this Agreement. Other agreements you have entered into with the Bank in connection with your Flix Standard Trust accounts and other services, including but not limited to, as applicable, the Personal Deposit Account Agreement (including Arbitration Agreement), Business Deposit Account Agreement, Funds Availability Disclosure, Consumer Privacy Notice, Online Privacy Policy, Fees and Features Guide, and Account Signature Card (collectively, the "Account Agreements") are incorporated by reference and made a part of this Agreement. Terms not otherwise defined in this Agreement shall have the definition ascribed to those terms in the Account Agreements. In the event of a conflict between this Section 38 and the Account Agreement, this Section 38 of this Agreement will govern.
(i) The mobile deposit service. The mobile deposit service is designed to allow you to make mobile deposits (each such deposit a "Mobile Deposit" and collectively "Mobile Deposits") to your checking, savings or money market accounts from home, office, or other remote locations by using a mobile device with the Bank's downloadable mobile application "Software" to capture images of paper checks and transmitting the images and associated deposit information to the Bank or the Bank's designated processor ("Processor"). You acknowledge and agree that a Mobile Deposit made by you using this Service is not an "Electronic Fund Transfer" as that term is defined in Regulation E promulgated by the Consumer Financial Protection Bureau. The terms "Bank" and "Processor" are used interchangeably when used in relation to any services performed by a Processor on behalf of the Bank including, but not limited to, the receipt and processing of images and check data and any notices related thereto. The mobile device must capture an image of the front and back of each check (as herein defined) to be deposited (each an "Image" and, if more than one, "Images") in accordance with the Mobile Deposit Procedures outlined in the Agreement and provided to you in the mobile deposit service documentation (the "Procedures") which are available here. After capture of the front and back Images and all other required data and information from the paper check, you will transmit, via the Internet, the Mobile Deposit containing the Images and all other required data and information from or pertaining to the check to the Bank or Processor using the Software. Subject to compliance with the terms, provisions and conditions of this Section 38, the Bank will process the Mobile Deposit on the day of receipt of the Mobile Deposit and enter the Images of the check into the collection process, in accordance with the Account Agreements pertaining to the account(s) into which the Mobile Deposit is to be made and this Agreement.
(ii) Acceptance of these Terms. Indicating your acceptance of the terms of this Section 38 within the Mobile Application or your use of the Mobile Deposit Service constitutes your acceptance of this Section 38 and the mobile deposit feature. This Section 38 may be amended from time to time and we will provide notice of such changes to you as may be required by applicable law. We will notify you of any material change via e-mail, by providing a link to the revised terms on our website or by an online or mobile secure message. You will be prompted to accept or reject any material change to this Section 38 the next time you use the Mobile Deposit Service after the Bank has made the change. We may terminate your right to use the Mobile Deposit Service if you reject such change. Your acceptance of the revised Section 38 or the continued use of the Mobile Deposit Service will constitute your consent to be bound by the revised terms. Further, the Bank reserves the right, in its sole discretion, to modify, add, or remove any part of the Mobile Deposit Service. Your continued use of the Mobile Deposit Service will constitute your acceptance of any such changes to the Mobile Deposit Service. No changes requested by you shall be effective unless received and agreed to in writing by the Bank.
(iii) Hardware and Software. In order to use the mobile deposit service, you must obtain and maintain, at your sole cost and expense, a compatible mobile device and/or other hardware and software that meets all technical requirements, as specified by the Bank from time to time, for the proper delivery of the mobile deposit service and that fulfills your obligation to obtain and maintain secure access to the Internet. Refer to our compatibility requirements for current hardware and software specifications. The Bank is not responsible for any third party software you may need to use this mobile deposit service. Any such software is accepted by you "as is" and is subject to the terms and conditions of the software agreement you entered into directly with the third party software provider at time of download and installation. You understand and agree that you may also incur, and shall pay, any and all expenses related to the use of the mobile deposit service, including, but not limited to, telephone, mobile data, or Internet service charges. You understand and agree that you are solely responsible for the operation, maintenance and updating of all equipment, software and services used in connection with the mobile deposit service and the cost thereof, and you hereby agree that you will perform, or cause to be performed, all vendor recommended maintenance, repairs, upgrades and replacements. The Bank is not responsible for, and you hereby release the Bank from, any and all claims or damages resulting from, or related to, any virus or malware or related problems that may be associated with your using electronic mail or the Internet. The Bank is not responsible for, and you hereby release the Bank from, any and all claims or damages resulting from, or related to, defects in or malfunctions of your hardware or software, or failures of or interruptions in any electrical, telephone, mobile data, or Internet services. The Bank hereby advises you, and you hereby agree to scan your mobile device, hardware and software on a regular basis using a reliable virus detection product in order to detect and remove viruses or harmful malware.
(iv) Fees. We may, upon notice to you, to the extent required by applicable law, charge a fee for use of the mobile deposit service. You are responsible for paying the fee for the use of this mobile deposit service. Any fee that is charged will be disclosed prior to your Mobile Deposit. The Bank may change the fee for use of this mobile deposit service from time to time pursuant to paragraph (ii) of this Section 38. You authorize the Bank to deduct any such fee from any of your Bank accounts, even if such deduction causes an overdraft in the account. Should you fail or refuse to pay any charges under this Agreement, you agree to pay all collection costs (including reasonable attorney's fees) that may be incurred by the Bank.
In addition to the mobile deposit service fees, you agree to pay all taxes, tariffs and assessments levied or imposed by any government agency in connection with the mobile deposit service, this Section 38, and/or the software or equipment made available to you (excluding any income tax payable by the Bank). You are also responsible for the costs of any communication lines and any data processing charges payable to third parties.
(v) Eligible Items and Security Interest. You agree to scan and deposit only checks as the term check is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the Image of the check that is transmitted to the Bank shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code (1990 Official Text).You agree that you will not use this Service to scan and deposit any of the following checks ("Prohibited Check"), which shall be considered prohibited notwithstanding that such checks may constitute "checks" under Reg. CC:
· Checks payable to any person or entity other than the owner(s) of the account into which the check is being deposited.
· Checks containing an alteration to any of the fields on the front of the check, 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 to two or more persons jointly, not alternatively, unless deposited into an account jointly owned by all payees.
· Checks previously converted to a substitute check, as defined in the Account Agreements, are "image replacement documents" that purport to be substitute checks.
· Checks drawn on a financial institution located outside the United States.
· Checks that are remotely created checks, as defined in the Account Agreement.
· Checks not payable in United States currency.
· Checks dated more than six (6) months prior to the date of deposit.
· Checks prohibited by the Bank's current procedures related to this mobile deposit service or which are otherwise not acceptable under the Account Agreement governing your Bank account.
· Checks payable on sight or payable through Drafts.
· Checks with any endorsement on the back other than that specified in this Section 38.
· Checks that have previously been negotiated, submitted through this mobile deposit service, or through a remote deposit capture service offered at any other financial institution.
· Money Orders or Postal Money Orders.
· Travelers Checks.
You agree that we may, in our sole discretion, amend the list of Prohibited Checks from time to time. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys' fees) the Bank may incur associated with any warranty, indemnity or other claim related thereto.
You grant us a security interest in all of your accounts or other deposits (whether general or special) at the Bank, and in all funds in such accounts or other deposits, to secure your obligations to the Bank under this Section 38 to the maximum extent permitted by applicable law. This security interest will survive termination of this Section 38.
(vi) Endorsements and Procedures. You agree to restrictively endorse any check transmitted through the mobile deposit service with your name and the legend "FOR MOBILE DEPOSIT TO Flix Standard Trust ONLY" or as otherwise instructed by us. You shall scan the front and back of each check to be deposited and thereby capture the image of the front and back of each check and any other required data from each check and transmit the Images to be deposited and all other required data and information from or pertaining to such checks to us or our Processor in accordance with the Procedures. We reserve the right to amend the Procedures, with or without prior notice to you. You agree to comply at all times with the Bank's "Safety and Security Procedures" published on the Banks' website and to safeguard the confidentiality and security of the Security Procedures and all other proprietary property or information the Bank provides to you in connection with the mobile deposit service and to notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached. You acknowledge, understand and agree the Security Procedures are not designed for the detection of errors. The Bank is not, and will not be, obligated to detect errors by you or others, even if the Bank takes certain actions from time to time to do so. To ensure accuracy, you shall key the amount of each check prior to transmitting the Mobile Deposit in accordance with the Procedures. You may send multiple Mobile Deposits to us or Processor on the same day, not to exceed the deposit limits discussed in paragraph 13 of this Section 38.
(vii) Image Quality. The Images of checks transmitted to the Bank using this mobile deposit service must be legible, as determined in our sole discretion. Without limiting the foregoing, each Image of each check must be of such quality that the following information can be clearly read and understood by sight review of such Image:
· The amount of the check;
· The payee of the check;
· The signature of the person who wrote the check;
· The date of the check;
· The check number;
· The information identifying the drawer and the paying bank that is preprinted on the check, including the MICR line; and
· All other information placed on the check prior to the time an Image of the check is captured, such as any required identification written on the front of the Check and any endorsements applied to the back of the check.
Each Image shall also comply with any other requirements established from time to time by the Bank, and shall meet all standards for image quality established by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association.
(viii) Receipt of Mobile Deposit and Notification. You agree that you shall be solely liable for, and the Bank shall not have any liability whatsoever to you for, any Mobile Deposit or the Images or other information contained therein that are not received by the Bank. You also agree to be liable for Mobile Deposits or the Images or other information contained therein that are intercepted or altered by an unauthorized third party or dropped during transmission. You agree that the Bank has no obligation to accept a Mobile Deposit and, therefore, we reserve the right to reject any Mobile Deposit or the Images or other information contained therein transmitted through this Service, at our discretion, without liability to you. Unless required by applicable law, the Bank has no obligation to notify you of the rejection of a Mobile Deposit or the Images or other information contained therein and shall have no liability to you for failing to do so. A Mobile Deposit is considered received by the Bank when a complete copy of the Mobile Deposit has been written on a Bank electronic storage device in conformity with the Bank's technical and operational requirements. To meet the cut-off time referenced in paragraph 9 of this Section 38, the Mobile Deposit must be received by the Bank prior to the cut-off time and successfully pass the edits for conformity with the technical requirements. For purposes of determining when a Mobile Deposit has been delivered and received, the Bank's records shall be determinative. If customer elected to receive a receipt, upon receipt of a Mobile Deposit, we will send a confirmation that we have received the Mobile Deposit. Your receipt of such confirmation does not mean the transmission was error free, complete or will be considered a Mobile Deposit and credited to your account.
Upon receipt of a Mobile Deposit submitted by you, the Bank may examine such Mobile Deposit and the Images and other information contained therein to ensure that you have complied with this Section 38 and followed the Procedures. If the Bank determines that you have not complied with this Section 38 or followed the Procedures or if errors exist in the Images or other information contained in the Mobile Deposit, the Bank, in its sole discretion, may either reject the Mobile Deposit or elect to correct the error, and accept and process the corrected Mobile Deposit (a "Corrected Mobile Deposit"). As a form of correction, the Bank may credit your account for the full amount of the deposit and make any necessary adjustments to the account to correct the error. The Bank may, at its option, also perform a risk management analysis of one or more Mobile Deposits submitted by you to detect potentially fraudulent checks, and, in its sole discretion, the Bank may reject any such Mobile Deposit, the Images or other information contained therein. If after examination of a Mobile Deposit, the Images and other information contained therein, the Bank determines that you have complied with this Section 38, processed and transmitted the Mobile Deposit in accordance herewith and with the Procedures, the Bank shall accept the Mobile Deposit for deposit to your Account. Notwithstanding the fact that Bank has accepted a Mobile Deposit for processing, any credit made to your Account shall be provisional until the final settlement of the deposited item, and you shall remain liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against, the Bank.
(ix) Availability of Funds. Funds from your Mobile Deposit that are received and accepted by the Bank will be made available to you at the time and on the basis described below.
· When You Can Withdraw Funds You Have Deposited
|
At the close of the same business day |
Flix Standard Trust Inc check (written by Flix Standard Trust customer) and Federal Government Checks deposited up to 10:00pm Eastern Time. |
|
The next business day |
Flix Standard Trust Inc check (written by Flix Standard Trust customer) and Federal Government Checks deposited after 10:00pm Eastern Time. Non-Flix Standard Trust check (written by a customer of another bank) up to 10:00pm Eastern Time. |
|
The second business day |
Non-Flix Standard Trust check (written by a customer of another bank) after 10:00pm Eastern Time. |
* Note for new deposit relationship customers: All non-Flix Standard Trust check deposits are subject to a 5-day funds hold during the first 27 days of account ownership.
For additional information on our Funds Availability policies, including the definition of a Business Day, please refer to your Account Agreements. The Mobile Deposit Service is subject to transaction limitations and the Bank reserves the right to change our Funds Availability policy, in our sole discretion, subject to applicable law.
(x) Laws, Rules and Regulations. You agree to comply with all existing and future operating procedures used by the Bank for processing of transactions. You further agree to comply with, and be bound by, all applicable state or federal laws, rules, regulations, orders, guidelines, operating circulars and pronouncements, affecting checks and drafts, including, but not limited to, all rules and procedural guidelines established by the Board of Governors of the Federal Reserve and the Electronic Check Clearing House Organization ("ECCHO") and any other clearinghouse or other organization in which Bank is a member or to which rules Bank has agreed to be bound. These procedures, rules, and regulations (collectively the "Rules") and laws are incorporated herein by reference. In the event of conflict between the terms of this section and the Rules, the Rules will control.
(xi) Presentment. The manner in which the Images are cleared, presented for payment, and collected shall be in the Bank's sole discretion subject to applicable law and the Account Agreement. The Bank, in its sole discretion, shall select the clearing agents used to collect and present the Images, and the Bank's selection of the clearing agents shall be considered to have been designated by you.
(xii) Maintenance and Disposal of Transmitted Checks. You shall mark, stamp, or write on the original check "Electronically Presented" after scanning the check in accordance with paragraph 6 of this Section 38. You agree to securely store the original check for a period of ten (10) calendar days from the date of the Image transmission (such period the "Retention Period"). During the Retention Period, you shall take appropriate security measures to ensure that: (a) only authorized persons shall have access to original checks, (b) the information contained on such checks shall not be disclosed, (c) such checks will not be duplicated or scanned more than one time and (d) such checks will not be deposited or negotiated in any form. During the Retention Period, you agree to promptly (but in all events within 5 business days) provide the original check to the Bank upon request. The risk of loss due to the unavailability of the original or copy of a check for any reason, during the Retention Period, shall be exclusively on you.
Upon expiration of the Retention Period, you shall securely and irretrievably destroy the original checks you transmitted using commercially reasonable methods of destruction. You are obligated to ensure that the original checks are not accessed by unauthorized persons during the storage, destruction and disposal process and, once destroyed, the original checks will be unprocessable and all sensitive personal and financial information undecipherable. You hereby indemnify the Bank for, and hold the Bank harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the retention and destruction of original checks by you.
(xiii) Deposit Limits. We may establish limits on the dollar amount and/or number of Check Images or Mobile Deposits from time to time. If you attempt to initiate a Mobile Deposit in excess of these limits, we may reject your Mobile Deposit. If we permit you to make a Mobile Deposit in excess of these limits, such Mobile Deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a Mobile Deposit at other times. Your dollar deposit limit will be disclosed to you at the time that you make the Mobile Deposit. The Bank reserves the right to change the limits. Any such change shall be effective immediately and may be implemented prior to your receipt of notice thereof.
(xiv) Return of Checks and Chargebacks. Any credit to your account of any deposit using the Mobile Deposit Service is provisional until final payment of the item deposited. If a check deposited through the Mobile Deposit Service is dishonored, rejected, or otherwise returned as unpaid by the drawee bank, or the item is rejected, or returned by a clearing agent or collecting bank for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an Image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. You agree not to deposit or otherwise negotiate an original check after our chargeback. We further reserve the right to chargeback to your account at any time, any Check we subsequently determined was a Prohibited Check. You further agree the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of any item deposited through the Service.
(xv) Yours and Our Duties and Responsibilities. Our duties and responsibilities are limited to those described in this Section 38, the Account Agreements and any other agreements governing the accounts. We will use commercially reasonable care in performing our responsibilities under this Section 38. (You agree to carefully review your account statement and each transaction as soon as possible. If there are any errors or discrepancies regarding checks deposited through the mobile deposit service including, without limitation, unauthorized transactions, signatures or alterations, you agree to promptly notify us of such errors or discrepancies within the time set forth in the Personal Deposit Account Agreement or Business Deposit Account Agreement, as applicable. Otherwise, we will consider the information contained in your account statement correct. Subject to applicable law, you may not make any claim against us for transactions reflected on a statement that you believe are incorrect, altered, forged, unauthorized or improperly paid unless you notify us of that claim in writing within 30 calendar days after the statement was sent or made available to you.)
In all instances, we and, if the services of a third party provider are utilized in the provision of the mobile deposit service, such third party's sole liability to you shall be limited to the correction of any errors made.
We shall not be responsible for suspension of performance of all or any of our obligations, responsibilities or covenants hereunder, whether expressed or implied, if at any time, or from time to time, compliance therewith is prevented or hindered by, or is in conflict with, any federal or state law, regulation or rule, the order of any court of competent jurisdiction, any act of God or of the public enemy, war, epidemic, strike, or work stoppages of the U.S. Postal Service and commercial carrier(s), or electric power disruption or shortage, telecommunications failure or computer failures; acts, omissions or errors of any carrier and/or agent operating between you and us or us and any Federal Reserve Bank or other agency utilized to exercise transfers or any recipients of transferred funds; any incorrect, unauthorized or fraudulent use or other fraud by any person other than our employees; or, without limiting the generality of the foregoing, any other cause or circumstance beyond our control or other conditions or circumstances not wholly controlled by us, which would prohibit, retard or otherwise affect our complete or partial performance under this Agreement.
(xvi) Internet Disclaimer. The control and flow of documents, files, data, or other information depends in large part on the performance of Internet services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). We cannot guarantee that such events will not occur. Accordingly, we disclaim any and all liability arising out of, resulting from or related to, such events, and in no event shall we be liable for any damages of any kind (whether in contract, in tort or otherwise) that are attributable or in any way related to the Internet infrastructure or your or our ability or inability to connect to the Internet.
(xvii) Contingency Plan. You agree that, in the event you are not able to capture, process, produce or transmit a Mobile Deposit to us, or otherwise comply with the terms hereof or of the Procedures, for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, you will make the deposit in a manner consistent with other methods for making deposits provided by us until such time that the outage, interruption or failure is identified and resolved. You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature sustained by you as the result of your inability to use the Service. The deposit of original checks through these other methods shall be governed by the terms and conditions of the Personal Deposit Account Agreement and/or Business Deposit Account Agreement and not by the terms of this Section 38.
(xviii) Information. We may from time to time request additional information from you in order to evaluate a continuation of the mobile deposit service to be provided by us hereunder and/or adjustment of any limits set by this Section 38. You agree to provide the requested information immediately upon request by us, in the form that we require. You authorize us to investigate or reinvestigate at any time any information provided by you in connection with this Section 38 or the mobile deposit service and to request reports from credit bureaus and reporting agencies for such purpose. If you refuse to provide the requested information, or if we conclude, in our sole discretion, that your credit risk is unacceptable, we may terminate the mobile deposit service according to the provisions hereof. You shall provide written notice to us of any changes to the information previously provided by you to us. Such notice must be received by us within five (5) business days of the change.
(xix) Right of Audit. This paragraph is applicable to you if the Account to which you make a Mobile Deposit is not a consumer account established primarily for personal, family, or household purposes. You agree to ensure that all appropriate management policies, controls and procedures are in place to ensure the security and protection of all sensitive personal and financial information associated with checks included in a Mobile Deposit. Upon request by us, you hereby authorize us to enter your business premises for the purpose of ensuring that you are complying with this Section 38. You specifically authorize us to perform an audit of your operational controls, risk management practices, staffing and the need for training and ongoing support, and information technology infrastructure. You hereby acknowledge and agree that we shall have the right to mandate specific internal controls at your location(s) and you shall comply with any such mandate.
Further, you agree that you will conduct an audit (not less than annually) to ensure that the sensitive personal and financial information you obtain is protected by document management procedures that are in full conformity with the terms of this Section 38.
You agree to provide us, within five (5) business days of our request, a copy of: (a) the audit report derived from the audit undertaken by you in order to comply with your obligations under this Agreement and (b) your SSAS 16 report, or such other comparable report detailing the policies, controls and procedures customer has put in place. If you refuse to provide the requested information, or if we conclude, in our sole discretion, that you present a risk that is unacceptable, or if you refuse to give us access to your premises, we may terminate the Service according to the provisions hereof.
(xx) Confidential Information. You agree to hold confidential, and to use only in connection with the mobile deposit service, all information furnished to you by us or by third parties from whom we have secured the right to use the mobile deposit service, including, but not limited to, our product and service pricing structure, system design, programming techniques or other unique techniques. Notwithstanding anything to the contrary contained herein, it is understood and agreed by the parties hereto that the performance of the mobile deposit service is or might be subject to regulation and examination by authorized representatives of federal and/or state banking authorities, and you agree to the release by us of your reports, information, assurances and other data and information as may be required under applicable laws and regulations. This clause shall survive the termination of the Section 38.
(xxi) User Warranties. You warrant to us that:
· You will only deposit checks that are authorized by this Section 38, the Procedures and the Personal Deposit Account Agreement and/or Business Deposit Account Agreement governing your account.
· You will not (i) create duplicate Images of the checks, (ii) transmit a duplicate Image to us, or (iii) deposit or otherwise negotiate the original of any check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to us, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original check from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the check(s).
· No subsequent transferees of the Image(s), including but not limited to us, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original check.
· Each Image you transmit to us contains an accurate representation of the front and the back of each check and complies with the requirements of this Section 38.
· All data and other information you provide to us, including, but not limited to, data contained in the MICR line of each check is complete, accurate and true and complies with the requirements of this Section 38.
· You will comply with this Section 38 and all applicable rules, laws and regulations.
· You are not aware of any factor that may impair the collectability of the check.
· This Section 38 is valid and enforceable against you in accordance with its terms, and the entry into, and performance of this Section 38 by you will not violate any law, or conflict with any other agreement, to which you are subject.
· There is no action, suit, or proceeding pending or, to your knowledge, threatened, which if decided adversely, would affect your financial condition or operations.
· All checks and your transactions are, and will be, bona fide. All signatures on checks are authentic and authorized.
(xxii) Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmission, and resolution of client claims, including by providing, upon request and without further cost, any originals or copies of checks deposited through the Mobile Deposit Service in your possession and your records relating to such checks and transmissions.
(xxiii) Termination. We may terminate this Section 38 at any time for any reason. This Section 38 shall remain in full force and effect unless and until we terminate it. Without limiting the foregoing, this Section 38 may be terminated if you breach any term of this Section 38, if you use this Mobile Deposit Service for any unauthorized or illegal purposes or you use the Mobile Deposit Service in a manner inconsistent with the terms of the applicable Account Agreement, or any other agreement with us. Paragraphs 5, 7, 10, 12, 14, 20, 21, 22, 23, 25, 28, 29, and 30 of this Section 38 shall survive termination of this Section 38.
(xxiv) Enforceability. No delay or waiver by us of any power, right, remedy or obligation under or in connection with this Section 38 on any one occasion will constitute a waiver of that power, right, remedy or obligation on any subsequent occasion. In any event, no such waiver or delay by us will be effective unless it is in writing and signed and approved by us.
If any provision of this Section 38 is deemed to be invalid, illegal or otherwise unenforceable in any respect by a court or other governmental agency having competent jurisdiction over us, that provision will continue to be enforceable to the extent permitted by that court or agency and the remainder of that provision will no longer be considered part of this Section 38. All other provisions of this Section 38, however, will remain in full force and effect.
(xxv) Ownership and License. You agree the Bank retains all ownership and proprietary rights in this mobile deposit service, associated content, technology, and website(s), including, but not limited to, the object and source codes therefore, and any and all updates, upgrades, fixes and enhancements thereto and any and all documentation, user guides and instructions pertaining thereto. Your use of the mobile deposit 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 mobile deposit service. Without limiting the restriction of the foregoing, you may not use the mobile deposit service (i) in any anti-competitive manner, (ii) for any purpose that would be contrary to our business interest, or (iii) to the Bank's actual or potential economic disadvantage in any aspect. You may use this mobile deposit service only for the purpose intended in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer, reverse compile, or create derivative works from any of the technology used to provide this mobile deposit service.
(xxvi) Other Terms. You may not assign, in whole or in part, or delegate any of your responsibilities under this Section 38 to any third party or entity. We may, in our sole discretion and at any time, assign this Section 38, in whole or in part, or delegate any of our rights and responsibilities under this Section 38 to any third party or entity. The captions and headings contained in this Section 38 are for convenience of reference only and shall not be used to limit the applicability or meaning of any provisions of this Agreement. This Section 38 constitutes the entire statement of the terms and conditions that apply to the subject matter hereof. This Section 38 supersedes any prior agreements between the parties relating to the Mobile Deposit Service.
(xxvii) Governing Law. This Section 38 is governed by federal law and, to the extent not preempted by federal law, with the laws of the state where we open your Account, or, if we transfer your Account to another location, where we currently maintain your Account, without regard to its choice of law provisions.
(xxviii). Indemnification and Third Parties. You hereby indemnify Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an "Indemnified Party" and, collectively, the "Indemnified Parties") for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys' fees) of any nature or kind (including those by third parties) arising out of, or related to, this Section 38, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to Bank or (iii) failure to maintain compliance with the Rules, (b) (i) Bank's provision of the mobile deposit service, and/or (ii) Bank's action or inaction in accordance with, or in reliance upon, any instructions or information received from any person Bank reasonably believes to be you, (c) your breach of any of your representations, warranties, covenants or other agreements or responsibilities under this Agreement and/or (d) your breach or violation of any Rules; provided, however, you are not obligated to indemnify Bank for any damages solely and proximately caused by Bank's gross negligence or willful misconduct.
(xxix). DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THIS MOBILE DEPOSIT 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. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, 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 THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) 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. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS SECTION 38 OR THE MOBILE DEPOSIT SERVICE TO BE PERFORMED PURSUANT HERETO.
THE BANK MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY OTHER PERSON AS TO ANY COMPUTER HARDWARE, SOFTWARE OR EQUIPMENT IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE BANK'S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(xxx) LIMITATION OF LIABILITY. Except as specifically provided in this Section 38 or where applicable law requires a different standard, you agree that neither we nor any third party service provider engaged by us to perform any of the services related to the Mobile Deposit Service, shall be responsible for any damages or losses, whether related to property or bodily injury, incurred as a result of your using or attempting to use the Mobile Deposit Service, whether caused by equipment, software, Internet Service Providers, browser software or any agent or subcontractor of any of the foregoing. Without limiting the foregoing, we will not be liable for delays or mistakes which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, insurrection, war, riots, acts of terrorism, failure of transportation, communication or power supply, or malfunction or unavoidable difficulties with our equipment. You also agree that we or any third party service provider that we engage with, will not be responsible for any direct, punitive, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Mobile Deposit Service or Internet Browser or access software, or from the unavailability of the mobile deposit Service or for any errors in information provided through the Mobile Deposit Service. If a court finds that we are liable to you because of what we did (or did not do, as the case may be) under or in connection with this Section 38, you may recover from us only your actual damages, in an amount not to exceed the total fees and charges paid by you to us under and in connection with this Section 38 during the six (6) month period immediately preceding the event giving rise to our liability. You agree that the dollar limitation described in the preceding sentence is reasonable, to the extent permitted by Applicable Law.
IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY SPECIAL CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUBJECT TO APPLICABLE LAW.
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