Online Banking Agreement and Disclosures
This Agreement (“Agreement”) governs the use of the Panacea Financial, a Division of Primis, (Panacea Financial) Online Banking, Panacea Financial Mobile Banking, External Transfers, Panacea Financial Bill Payment, Online Statement Delivery any other online services that Panacea Financial may make available to you through the Online Banking website (collectively “Service”) Once you have completely reviewed the information in this Agreement, you may click “I accept” to signify your acceptance and begin taking advantage of the many benefits of the Service. These terms will apply to your use of Online Banking Services on August 4, 2020 and your use of any of the Online Banking Services (“Service) is deemed acceptance of the terms of this Agreement. The Electronic Funds Transfer Act and applicable rules published by the National Clearing House Network (NACHA) will govern some of the transactions permitted under this Agreement.
Protecting your Account information. Panacea Financial has installed security controls to protect the privacy of your customer information. You can help in this effort by some simple precautions:
• Look at your account balance frequently. If you find unusual or unfamiliar activity, call us immediately.
• Panacea Financial will never ask you for your social security number, account numbers or login credentials in an email. If you receive a suspicious email that appears to be from Panacea Financial, DO NOT RESPOND and call us immediately.
• Never share or give your account or mobile banking password to someone.
• Do not write your PIN on your debit or credit cards and do not share your PIN with anyone.
• If you receive mail or email that appears to be from a Panacea Financial employee whom you know personally, call and check with that person. Fraudulent emails are often used to obtain your account information.
CALL US AT IF YOU HAVE ANY QUESTIONS ABOUT SUSPICIOUS ACCOUNT OR DEBIT CARD TRANSACTIONS. 833-472-6223
E-Sign Consent. By accepting the electronic version of this Agreement, you agree that Panacea Financial may make agreements with you concerning the Service through electronic means. You provide your authorization and informed consent to the e-mail notice and the delivery of electronic records selected for your Designated Accounts as described in this Agreement. All agreements entered into by electronic means will be deemed valid, authentic, and shall have the same legal effect as agreements entered into on paper. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest email address you have provided to Panacea Financial.
You further agree that electronic copies of your Online Delivery account statement are valid as “originals” and you will not contest the validity of the electronic copies, absent proof of altered data or tampering. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Service.
Parties to Online Banking Agreement. This Agreement is made and entered into by and between Panacea Financial and each person (called “Customer” or “you” or “your”)
- who signs Panacea Financial’ s signature card for the Account,
ii. who is referenced on the Panacea Financial’ s records as an owner of the Account,
iii. whose signature appears on a credit line application, or
iv. who is referenced on Panacea Financial’s records as an owner of the Account (“Customer,” also referred to as “you”).
The terms “we”, “us” and “our” apply to Panacea Financial and any of the servicers (also called “Providers”) that provide services under this Agreement. The word “days” shall refer to calendar days unless otherwise specified.
Joint Account Owners. If you are a joint account owner or you represent any account owner in a fiduciary capacity, you represent and warrant that you are authorized to accept this Agreement on behalf of all Owners for the Designated Account. Each Customer is jointly and individually liable for all transactions initiated through the Service, including overdrafts, even if the Customer did not participate in the transaction that resulted in the overdraft.
Amendments. This Agreement or any of the Services offered through this Agreement may be modified from time to time and Panacea Financial will notify you of the changes through the secure Online Banking website or by e-mail. Your use of the Service after the delivery of any changes will demonstrate your consent to the new terms. In the case of some Services, you will be asked to agree to additional terms and conditions when you first sign up for the particular Service. If there is a difference in the terms between this Agreement and the special agreements related to those services, those special service agreements will govern you use of that service
Your Panacea Financial Deposit and Loan Account Agreements. The terms and conditions of your Deposit Account Agreement and Disclosure or any loan agreement, including any disclosures made pursuant to such agreements, and any subsequent amendments to any of the foregoing, are incorporated herein by reference. If there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement as it applies to online services shall control to the extent of such conflict or inconsistency. The terms and conditions of this Agreement may be modified or amended by Panacea Financial upon written notice sent to you or by posting to the Web Site and sending you an e-mail. Your continued use of the Service after such notification of change shall be understood as your agreement to be bound by all such changes.
Account Requirements. To subscribe to the Service, you must maintain at least one Account with Panacea Financial that may include the following types of Accounts: checking account or savings account, and for limited services, certificates of deposit and loan accounts. The Service will allow you to access more than one Account, to view your Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated Accounts), send electronic mail to Panacea Financial and receive electronic mail from Panacea Financial. Panacea Financial reserves the right to refuse to open an Account or to deny Customer the ability to access the Service, to limit access or transactions or to revoke a Customer’s access to Service without advance notice to Customer. Panacea Financial also reserves the right to check your credit and account history.
Savings Transaction Limitations. There are restrictions on the number of withdrawals from your savings Accounts that may apply to payments and funds transfers between Accounts and bills paid from these Accounts initiated through Service. Excessive transactions may incur fees on your savings. Please see your Deposit Account Agreement.
Service Access. The Service is accessed through an electronic or mobile device and a Wi-Fi, network or mobile connection. That allows you to
- view Account balance and transaction information,
- transfer funds among designated Accounts, make deposits, pay bills from designated Accounts,
- send secure electronic mail to Panacea Financial and receive electronic mail from Panacea Financial,
- create stop payment orders
- add accounts to Internet/Service relationship,
- request copies of checks and statements,
- view statements,
- select statement delivery method, and
- Other services that Panacea Financial may add from time to time
You may access certain Accounts through a mobile browser and receive certain information through text messaging under this Service, using an electronic device and a network connection. You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for obtaining Internet services via the Internet service provider (ISP) of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. We are not responsible for any Internet or mobile access services; however, your ISP must meet our system requirements in order for you to access any Online Banking Service.
You are responsible for obtaining and maintaining the electronic equipment, devices and connections used to access r the Service, You are responsible for maintaining the confidentiality and security of your mobile or electronic device, access passwords, account numbers, sign on information, and any other security or access information used by the service. You are also responsible for preventing unauthorized access to your mobile phone.
Accessibility. In general, Online Banking and Mobile Banking will be available 24 hours a day, 7 days a week except for short periods of maintenance or events that are outside of our control. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time we deem necessary. We do not guarantee functionality of Mobile Banking (or any specific software that we provide with respect to Mobile Banking) on all Mobile Devices, on all communication networks, in all geographic regions, or at all times.
Your accessibility to the Services in this Agreement may be interrupted because of conditions beyond our control, including of outages in Internet availability. We will use commercially reasonable efforts to promptly re-establish online services in those instances, but we do not promise the Mobile Banking service will always be available for your use. We may elect to discontinue any of the Services that we provide, but will provide you with reasonable notice of the termination of the Service. In the case of a disaster, your Service or any part of the Service may be suspended in order to allow emergency and responding personnel to access networks to restore service.
Privacy and User Information. You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Agency Agreement and Indemnity. You agree that when we or our Service Provider effects an electronic service under this Agreement, or any part of this Agreement, we are acting at all times as your agent and that you have the authority to complete the transaction. We are not responsible to any third party or other service provider for the online services we perform at your direction under this Agreement. We will not be liable for any costs, losses, damages or fees of any kind incurred as result of our access to the accounts; our debits and credits or inability to debit and credit accounts using your instructions; any funds limitations imposed by other financial institutions or third parties; or any charges imposed by third parties in the performance of services under this Agreement.
Restrictions on Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate:
(i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage- related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
Electronic Mail through Online Banking. Electronic Mail (Secure Messages) to Panacea Financial may be delayed; therefore, if you need Panacea Financial to receive information concerning your Account immediately, you must contact Panacea Financial in person or by telephone (i.e. stop payments, to report a lost or stolen card or to report unauthorized use of your Account). Panacea Financial shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.
Termination of Service. Except as otherwise provided in this Agreement, you may terminate the Service by sending a written notice to Panacea Financial Online Banking Department, P.O. Box 2075, Ashland, VA 23005.
If you fail to use your Online Banking Account for a period of 90 consecutive days, Panacea Financial will disable your Online Banking service and all related services. You may re-activate your Online Banking Service by following the instructions for signing on to Online Banking as a new customer. You may need to re-enter information to use services related to Online Banking such as Bill Pay and other electronic services.
Panacea Financial employs advanced encryption technology to protect client information, including Secure Sockets Layering (SSL), preventing unauthorized users from accessing data during sign on or usage of Panacea Financial Online Banking. Learn more about information security, as well tips for avoiding online fraud and identity theft, by visiting our website at www.Panacea Financial.com. You are responsible for keeping your online password, account numbers, personal identification data, and other account information confidential. Never share your Online Banking User ID Password or other personal account information (including your account number & ATM PIN). Sharing this information constitutes a misuse and therefore, all transactions initiated by those with whom you shared information will be considered as authorized by you, regardless of whether you intended those transactions to be made.
If Your Password Has Been Lost, Stolen or Compromised. If you notice any unauthorized activity in your account or believe your personal account information has been compromised, please contact Panacea Financial immediately at the Concierge Desk at 833-472- 6223. If you believe your Password has been lost, stolen or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission (as defined by federal law). If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Losses could include not only money in your account, but also advances on any line of credit associated with your account.
Liabilities may differ in regard to VISA/MasterCard products. Refer to your EFT Disclosure.
Panacea Financial also reminds you:
- To review your account statement regularly and report any unauthorized or suspicious activity promptly to Panacea Financial within 60 calendar days of the transaction first appearing on your statement.
- You should not leave your computer unattended while using Panacea Financial Online Banking. Once your banking is completed, sign off and close your browser before leaving your computer.
E-Mail Risks. Certain risks are associated with the transmission of Notices through the Internet, including, but not limited to, unauthorized access, systems outages, delays, disruptions in telecommunications services and the Internet. Public email is not private or secure. The Notice sent to you by email is an unencrypted, automatic alert. Although this Notice is not intended to contain personally identifiable confidential financial information, it may contain in its design part or all of your name or other identifier, which could be seen or intercepted by others if delivered to your business address or other computers or electronic devices not exclusively under your control. Do not respond to the Notice by return email, or use it to request information, service, paper copies or other items or to revoke consent. We will not be able to act upon requests made in that manner.
Disclosures apply to all Services under this Agreement.
Electronic Funds Transfer Error Resolution Notice
In case of errors or questions about your electronic transfers, telephone us at 833-472-6223 or write us at Panacea Financial, 9706 Atlee Commons Drive, and Post Office Box 2075, Ashland, VA 23005 as soon as possible. We will be happy to assist you if you think your statement or receipt is wrong or if you need information about a transfer listed on the statement or receipt. We must hear from you no later than sixty-days (60) after the date that appears on the FIRST statement on which the error or problem appeared. When making contact with us, you will be asked the following information.
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
In most cases, we will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. There will be some cases that require more time to perform an in depth investigation. In those instances, we may take up to forty-five (45) Days to investigate your complaint or question. If an extended investigation period is required, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you 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.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves an electronic funds transfer that occurred within thirty-days (30) after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days instead of (10) business days. If a notice of error involves an electronic funds transfer that was initiated in a foreign country, occurred within thirty (30) days after the first deposit to the account was made, or is a point of sale debit card transaction, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.
Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable if any of the following instances occur:
- If, through no fault of ours, you do not have enough money in your account to make the transfer. If the money in your account is subject to legal process or other claim restricting such transfer.
- If the terminal or system is not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you. Online Stop Payment Services. Any customer wishing to place a stop payment on a personal check may do so by accessing their personal online banking service. Any stop payment request received electronically via the Online Banking System shall be deemed an authorized “written request” for purposes of the Stop Payment Request form. A fee of $0.00 will be charged for each stop payment request submitted. Your request will cease to be effective six months from the date submitted.
A stop payment will not be processed if we have already paid, certified, or accepted the item. Panacea Financial will not be liable if inaccurate or incomplete information is submitted or for payment of the check contrary to this request unless payment is caused by Panacea Financial’ s negligence and causes actual loss to you. Panacea Financial’ s liability shall not, in any event, exceed the amount of the check. You must reimburse Panacea Financial for any loss related to stopping any payment.
Account History and Records. Records of your transactions using the Service are updated each business day and may be printed. Panacea Financial will maintain your Service history of transactions for a rolling period of 18 months from the date you begin to use the Service. You may request a copy of electronic notices or of this Agreement by calling us at 833-472-6223.
Panacea Financial offers you mobile access to your account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS). You may also set up alerts such a low balance alerts to be delivered through your mobile device.
Enrollment. To enroll in the Mobile Banking Service, you will be asked to identify your relationships with Panacea Financial and provide your mobile phone number. We will verify your number by sending you an SMS message with a verification code that you will enter on the Mobile Banking website. You will also select the type of alerts and other preferences that will determine, together with their account data, the frequency of alerts delivered to the customer.
Standard messaging charges apply. The alert service will continue until you terminate the Service or opt out of the alert program.
You may also download an abbreviated version of Mobile Banking by downloading the application directly from the Apple®Store or from GooglePlay.
Termination. To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says, “STOP” to this number: 99588. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
Equipment. Your phone or other mobile communication device must be Internet enabled, able to receive SMS text messages and connected to the Internet through your mobile communication service provider. Your mobile service provider may charge additional fees for time of usage or other services as a result of your Mobile Services access. Panacea Financial does not guarantee that your mobile phone or mobile service plan will be compatible with our Mobile Banking Service. Panacea Financial is not responsible for the operation of your mobile phone, mobile phone service or for fees charged by third parties for the Mobile Service. The list of compatible mobile devices is updated from time to time.
Additional Information. Please review the electronic version of the Panacea Financial Mobile Agreement you will receive when you sign up for this service.
Security Risks. Your Mobile Device may be subject to viruses, unauthorized tracking or other manipulation by “spyware” or other malicious code. You are responsible for making sure the device used to access Mobile Banking is protected and free from viruses, worms, Trojan horses, or other harmful components that may result in damage to programs or files and loss of personal financial information. Panacea Financial will not be responsible or liable for any indirect, incidental, special or consequential damages that may result from such harmful components on the mobile device, nor will Panacea Financial be liable if sensitive information accessed via our Mobile Banking Service is intercepted by a third party due to any viruses being contracted by the mobile device at any point or from any source. We are not responsible for errors of delay or your inability to access the service by your equipment, or any cost associated with needed upgrades to your equipment or for any damage to the equipment or information resident thereon.
YOU ARE RESPONSIBLE FOR KEEPING YOUR ACCESS INFORMATION INCLUDING YOUR PASSWORD AND PIN PRIVATE. ANYONE WHO HAS ACCESS TO YOUR ACCOUNT LOGIN, PIN AND ACCESS TO YOUR EMAIL, WILL HAVE ACCESS TO YOUR BANK ACCOUNTS. YOU ARE LIABLE FOR ALL TRANSACTIONS THAT YOU OR ANYONE TO WHOM YOU GIVE ACCESS MAY PERFORM.IF YOU THINK THAT YOUR MOBILE MONEY SERVICES HAVE BEEN COMPROMISED OR YOUR SECURE ACCESS INFORMATION LOST OR STOLEN, NOTIFY US AT 1-833-472-6223.
Online Electronic Statement Delivery. As a Panacea Financial Online Banking client you accept the terms of the Online Statement Delivery Service. For accounts with multiple owners, only one account owner or representative is needed to establish the Delivery Service. Panacea Financial will no longer deliver paper statements for any of the accounts included in the Delivery Service. You will receive check images in your electronic statement.
You also agree to receive any legal notices or other important information currently delivered with your paper statements (“Statement Inserts”) regarding these Accounts only online. We may from time to time offer other legal notices through the Delivery Service. Your request for such delivery will be your acknowledgement that this section governs the delivery of the legal notices. Examples of statement inserts that may be delivered online include, but are not limited to, Change of Terms Notices, Privacy Statements, and Regulation E Error Resolution Notices.
Service Requirements. The Delivery Service provides you with access to an electronic version of your statements for up to eighteen (18) months. This Delivery Service is provided to you free of charge and permits the flexibility of saving and printing account statements at any time. You will be notified through email when your statement is ready for viewing. You must validate your email address upon enrollment. One attempt will be made to notify you that a statement is available to view. You may re-enroll for the Electronic Statement Delivery Service at any time. Eligible Accounts. Online statements offered for consumer checking, savings, and loans that have recurring periodic statements and that are included in a customer’s portfolio of accounts accessed Through Panacea Financial’ s Online Banking Service are eligible for the Delivery Service. Panacea Financial reserves the right to change or modify decisions regarding account eligibility in its sole discretion.
If you are the owner of an account with other owners, you agree and understand that your electronic notice may be consolidated with the notice for other account owners who are members of your household into a single email or other electronic message sent to one, specific email address shared by you and all other owners in your household as the email address of record for the Delivery Service. As a member of the household, you agree and consent that access through the Delivery Service to one copy of an electronic record, such as an account statement, service agreement amendment, or a notice or disclosure required under applicable law, through a shared email address constitutes sufficient and effective delivery to you personally of such document as required by applicable law, rule or regulation.
Termination Rights. You may stop receiving electronic statements at any time by calling the Concierge Desk at 833-472-6223, visiting your local branch, or notifying us by mail at the address appearing on your account statement. If you chose to terminate this Delivery Service and return to receiving paper statements for your accounts, you will be charged for paper statements or check images as noted in your Deposit Account Fee Schedule. Panacea Financial may terminate the Delivery Service for any or all Designated Accounts at any time. Upon such Termination, delivery of paper copies of Electronic Records will resume within a reasonable time. Termination of the Delivery Service does not affect the validity or legal effect of any Electronic Record delivered to you or any Owners through the Service. Termination of the Delivery Service does not terminate Online Banking unless otherwise so stated.
Receiving Statement Photocopies. You can print a copy of your available online statements at any time. You can also obtain a photocopy of your statement from Panacea Financial at any time. We will send you a photocopy of a statement previously delivered through the Service at your request. The standard fee then in effect and charged for paper delivery of account statements will apply. Please refer to your Panacea Financial Account Fee Schedule for applicable fees.
Internal Funds Transfers allow you to transfer funds, make payments, or draw advances between your Panacea Financial Accounts.
Account information displayed through Online Banking is the current information at the time the transaction takes place. Electronic Funds Transfers between Account(s) through your computer or other electronic device Online Banking or Mobile Banking, and received by Panacea Financial or its agent(s) by 6:00 p.m. Eastern Time Monday – Friday will be effective on the current business day. Electronic Funds Transfers received after 6:00 p.m. Eastern Time Monday – Friday or all day Saturday, Sunday, and Federal Reserve holidays will be effective the following business day. Payments and advances on consumer loans and lines of credit may not appear on your account until the next business day. We are not liable if we are unable to complete your payment, advance or funds transfers because
- If, through no fault of the ours, your Payment Account does not contain sufficient funds to complete the transaction or the
- The payment, advance or funds transfer function is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction; or
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider
Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payment Account which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing the proper funds to the correct Payment Account.
Funds Transfer Cancellation Requests. You may cancel or edit any scheduled funds transfer (including recurring funds transfers) only by calling the Concierge Desk at 833-472-6223. There is no charge for canceling a scheduled funds transfer. Once Panacea Financial has begun processing a funds transfer, it cannot be cancelled or edited.
Withdrawal Transaction Limitations. The restrictions on the number of withdrawals from your savings Accounts apply to all payments and funds transfers between Accounts and bills paid from these Accounts initiated through the Service. Please refer to your Deposit Account Agreement and Disclosure for these limitations and fees arising from excess transactions.
Panacea Financial, a Division of Primis, Bill Pay Service enables you to make payments (either one-time or recurring payments) online from your designated checking deposit account to third parties; and to use the eBill payment feature to receive bills from participating Billers, view Biller bill summary and bill detail information.
To view CheckFree’s Bill Pay Terms and Conditions in full click on the link
Bill Pay Service Definitions
“Bill Pay Service” means the bill payment service offered by Panacea Financial through Fiserv and/or other service provider (together, “Provider”).
“Biller” is the person or entity to which you wish a bill payment to be made or from which you receive electronic bills.
“Payment Instruction” is the information you provide to our Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
“Payment Account” is the checking account from which bill payments and any related fees will be debited.
“Business Day” is every Monday through Friday, except Federal Reserve holidays.
“Scheduled Payment Date” is the day you want your Biller to receive your bill payment and is also the day your payment will be debited from your Payment Account. If Scheduled Payment Date falls on a non-Business Day, Panacea Financial will process your Bill Payment on the previous Business Day.
“Due Date” is the date reflected on your Biller statement on which the payment is due. It is not the late date or grace period.
“Scheduled Payment” is a payment that has been scheduled through the Bill Pay Service but has not begun processing.
Bill Payment Scheduling. When you schedule a bill payment, the Bill Payment system will indicate the earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date). You will not be permitted to select a Scheduled Payment Date prior to the earliest possible Scheduled Payment Date designated for each Biller. You should select a Scheduled Payment Date that is no later than the 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 should select a Scheduled Payment Date that is at least one Business Day before the actual Due Date. To avoid late charges and other penalties from your Biller, your Scheduled Payment Dates must be prior to any late date or grace period.
Expedited Payments. Certain Billers offer an Expedited Payment option that allows you to have your payment processed immediately for an additional fee. There are two Expedited Payment options available. A Same Day Bill Pay (sent as an electronic payment to participating Billers) will be processed and posted the same day. An Overnight Check payment (sent as a paper draft payment to any Biller who accepts paper payments) will be sent via overnight delivery to the Biller for receipt by the end of the next business day. Please note, although the payment will arrive earlier than the typical four (4) Business Days, it is at the Biller’s discretion how quickly the payment is processed and posted. The Bill Pay Service will automatically determine which Expedited Payment option is available to you to make payments to a specific Biller, and it will also automatically determine the date by which your Expedited Payment will be processed (“Scheduled Payment Date”).
The Expedited Payment option may not always be available. Depending on the time of day, you might not have sufficient lead time to make an Expedited Payment. If the Expedited Payment option is not available for an intended Biller, it will not be displayed on your Bill Payment screen. The earliest possible Scheduled Payment Date, without a fee, will be designated.
Once you submit an Expedited Payment, it will begin processing immediately and you will not be able to change or cancel it (see Payment Cancellation Requests and Stop Payments Requests sections for additional information).
You authorize us to charge a fee for each Expedited Payment as a separate transaction. The amount of each Expedited Payment and each fee will be deducted from your account as separate transactions, which may result in you incurring an overdraft charge for the Expedited Payment and/or the fee if you do not have sufficient funds to process either the Expedited Payment or the fee.
Payment Authorization and Remittance. By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Pay Service receives a Payment Instruction, you authorize the Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. The Provider will use its best efforts to make all your payments properly. However, the Provider shall incur no liability if the Provider is unable to complete any payments initiated by you because:
- If, through no fault of the Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working properly and we have notified you about the malfunction before you execute the transaction;
- You have not provided the Provider with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
- Circumstances beyond the control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.
Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges. However, the Provider will bear responsibility for any late payment related charges up to $50.00 per payment, should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.
Payment Methods. The Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a check (funds remitted to the Biller are deducted from your Payment Account when the check is presented to Panacea Financial for payment).
Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Bill Payment Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, therefore a formal stop payment request must be submitted.
Bill Payment Stop Payment Requests. The Provider’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Provider may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact the Panacea Financial Customer Service. Although the Provider will make every effort to accommodate your request, the Provider will have no liability for failing to do so. The Provider 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.
Prohibited Payments. Payments to Billers outside of the United States or its territories are prohibited through the Bill Pay Service.
Exception Payments. We do not recommend that you schedule tax payments and court ordered payments through the Bill Pay Service. We will not be liable for any claims or damages resulting from you scheduling of these types of payments and any Bill Payment Guarantee is void. All research and resolution for any misapplied, misposted or misdirected exception payments will be your sole responsibility.
Electronic Bill Delivery. Certain Billers offer an electronic bill presentment feature (e-Bill) which allows the Biller to present the bill directly to the Bill Payment Service. If you elect to activate one or more of the Bill Pay Service’s electronic bill options, you agree to the following:
- You will provide any changed information directly to the Biller including name, address and other information required by the Biller and will maintain all usernames and passwords for all e-Bill sites.
- When you activate the e-Bill feature for a Biller, you authorize us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your billing information.
- The date of presentment of your first e-Bill will 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 e-Bill is being activated it is your responsibility to keep your accounts current. Each Biller reserves the right to accept or deny your request to receive electronic bills.
The Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Pay Service within Online Banking, the Bill Pay Service may send an email notification to the email address listed for your account. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Pay 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.
It may take up to sixty (60) days to terminate the e-Bill service. The Provider will notify your e-Biller of the termination of the e-Bill service but it is your sole responsibility to make arrangements for another form of bill delivery. The Provider will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
You agree that Panacea Financial and the Provider will not be liable or responsible:
- If the Biller fails 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.
- For the accuracy of your e-Bills. The Provider is only responsible for presenting the information we receive from the Biller.
- For any discrepancies, in accuracies or disputes regarding your e-Bill. These issues must be addressed with the Biller directly.
Failed or Returned Transactions. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Provider and you agree to reimburse the Provider immediately upon demand the transaction amount that has been returned to the Provider in addition to late charges, fees and costs of collection.
Service Fees and Additional Charges. You agree to pay charges imposed for the Bill Pay Service that may be listed in the Fee Schedule; you authorize the Provider to deduct the calculated amount from your designated Billing Account, along with any additional charges that may be incurred by you. Other financial fees associated with your standard deposit accounts and other Panacea Financial services will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone service provider.
Amendments to your Bill Pay Service Agreement. This Agreement, applicable fees and service charges may be altered or amended by Panacea Financial or the Provider from time to time with prior notice to you. Any use of the Bill Pay Service after the Provider provides you a notice of change will constitute your agreement to such change(s). Further, the Provider may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Provider reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Provider’s more recent revisions and updates.
Biller Limitation. The Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. The Provider will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
Returned Payments. In using the Bill Pay Service, you understand that Billers and/or the U.S. Postal Service may return payments to the Provider for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account.
Panacea Financial offers two types of external transfer services Zelle© and External Transfer Service – to allow you to transfer funds between your personal Panacea Financial checking accounts and certain accounts that are owned by you or someone else at another U.S. financial institution located in the United States and U.S. territories.
Zelle Transfers to Other Accounts or Parties
- You must provide all the information about the recipient and his/her bank account that is necessary to complete an ACH Network transfer (the “Complete Transfer”); or
- You must provide contact information about the recipient (including an email address); y the Zelle service will contact the recipient and request the recipient to (i) confirm his/her identity at the Zelle Website and then (ii) provide bank account information in order to complete your transfer request (a “Two- Step Transfer”).
Receiving Zelle Transfers. When you are the intended recipient of a Zelle transfer into a Panacea Financial account, you authorize Panacea Financial to deposit funds into your account, either as a single transfer or for all transfers directed to you through the Zelle service. There may be a delay between the time you are notified of the pending transfer and the deposit of the funds into your account. You authorize the sender, the financial institution that holds the sender’s account and the Zelle Website to send emails and SMS text messages to you in connection with the sender’s request to transfer funds to you. For a two-step transfer, you must provide the requested information within a certain period of time or the requested transfer will be cancelled and the funds returned to the sender. In the event that funds are transferred into your Panacea Financial account as a result of a Zelle transfer and it is determined that such transfer was improper because it was not authorized by the sender or there were not sufficient funds in the sender’s account or for any other reason, then you authorize Panacea Financial to withdraw from your Panacea Financial account an amount equal to the amount of funds improperly transferred to you.
Zelle Cancellation or Stop Payment Requests. You may edit or cancel a Zelle payment any time before the payment is processed and before your account is debited. If your account has been debited and the recipient’s account has not been credited, you can request a Stop Payment. To edit, cancel or place a Stop Payment on a scheduled Zelle transaction (including future-dated or recurring payments), follow the directions within the Zelle application. The edit, cancel, or Stop Payment options will only appear when that function is available. There is no charge for editing or canceling a scheduled Zelle transaction; there is a fee for placing a Stop Payment. Stop payment fees are listed on your Panacea Financial Deposit Account Fee Schedule.
Zelle Dollar Limits and Transaction Deadlines. Zelle dollar limits and transaction deadlines are set by the Provider and posted on the Zelle service page on Panacea Financial’ s Online Banking website. If the limits are insufficient for your purpose, you are not required to complete the transaction. You must always have sufficient funds in your selected deposit account to transfer funds to a third party or to your account at another financial institution. For security purposes, when you reach your “Outstanding Limit” as set by Zelle, you will not be able to schedule additional transfers until the “In Process” transfer(s) show a “Complete” status.
Delivery of transactions may be delayed if you fail to complete the transaction within the time frames stated on the Zelle website. Transactions after the daily cut-off times will be processed on the next business day.
Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a mobile telephone) and/or email address in connection with the Zelle service, you consent to receiving calls and/or text messages from us at that number and/or emails from us for our everyday business purposes (including identity verification) and for other non- marketing purposes.
Mobile Devices. Senders and Receivers may from time to time receive SMS/text messages or otherwise use their mobile or wireless devices in connection with Zelle transactions. Any usage of your mobile phone or wireless device in connection with the Zelle service is subject to the terms and conditions of the service agreement between you and your telecommunications provider. This Agreement does not amend, replace, or supersede the service agreement between you and your telecommunications provider. Your telecommunications provider may assess data and messaging charges, and you are solely responsible for any such charges. We are not responsible for providing your telecommunications services, and you agree to resolve any problems with such services directly with your telecommunications provider without involving us.
The External Transfer Service allows you to transfer funds inbound from an account owned by you at another U.S. financial institution or transfer funds outbound to an account owned by you at another U.S. financial institution. This service may be performed using your Panacea Financial personal checking market account. Business accounts are not eligible. Other financial institutions may have restrictions regarding transfers into and out of various account types. Panacea Financial is not responsible for any costs or losses arising out of transfers that are not permitted by another financial institution. Please refer to your other financial institution’s terms and conditions related to incoming and outgoing transfers.
Types of Transfer Request. You may set up External Transfers services as a one-time transfer for immediate processing; a one-time transfer for immediate processing at a later date; or recurring series of transfers which may be scheduled for specific dates.
Authentication Process. The first time you make an external transfer using the upgraded External Transfer service, you will be asked by our Service Provider to authenticate your external request through one of two methods. You will need the account number and the transit number of the external bank to register for the External Service. Your use of the authentication process shall indicate your agreement to these terms and conditions of the External Transfer Service.
- The Service Provider will make three small dollar transfers (2 credits and 1 debit) to ensure that the information provided by you is accurate. When you verify the transactions, you will be enrolled in the External Transfer Service.
- In certain cases, you may provide actual external login information such as name and account number at an external financial institution. If our Servicer cannot verify the information, you may use the authentication process above.
- Recurring Transfers. If you have scheduled regular recurring external transfers from your account, you must enter a new schedule for payments after you have registered for the upgraded service. If you fail to reschedule, your external transfers may not occur.
Cut-off time. The cut-off times for your transfers have changed.
- For next day transfers, you may submit your request up to 8.p.m. on the business day of the transfer for example, if you wish the transfer to arrive on Friday, you may make the request up to 8 p.m. on Thursday. There may be a charge for next day transfers.
- For three-day transfers, you must request the transfer by 1 a.m. Eastern time each business day. For example, if you make a request by 1 a.m. on Tuesday, your funds would arrive on Friday.
Transfer Limits. Transfer limits will be established by the Service Provider and will be disclosed on your transfer screen. These may be subject to change based on controls embedded in the Service. If the transfer limits do not meet your requirements, you may wish to select another method to transfer funds.
You agree to have sufficient available funds in the designated account to cover all outbound transactions on the scheduled date. If the deposit account does not have sufficient available funds on the scheduled date, we may elect not to initiate your transfer request.
We or our Service Provider shall incur no liability if the Provider is unable to complete any External Transfer or request initiated by you because of the existence of any one or more of the following circumstances:
- If through no fault of the Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The external transfer service is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction;
- Circumstances beyond control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances.
- The external financial institution will not permit the transfer to occur.
Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payment Account which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing the proper funds to the correct Payment Account.
External Transfers Cancellation Requests. You may cancel or edit any scheduled external transfer (including recurring funds transfers) by calling Panacea Financial’ s Concierge Desk at 833-472-6223. There is no charge for canceling a scheduled external transfer. Once Panacea Financial has begun processing a funds transfer, it cannot be cancelled or edited.
Account to Account Transfer Terms of Service
- Introduction.This Account to Account Transfer Terms of Service document (hereinafter “Agreement”) is a contract between you and Panacea Financial (hereinafter “we” or “us”) in connection with the Account to Account Transfer Service (as defined below) offered through our online banking site or mobile applications (the “Site”). This Agreement applies to your use of the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered.
2. Description of Account to Account Transfer Service.The Account to Account transfer service (the “Account to Account Transfer Service”) enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
- “Account” means a checking or savings account that is either an Eligible Transaction Account or External Account, as applicable.
- “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- “Affiliates” are companies related by common ownership or control.
- “Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
- “Eligible Transaction Account” is a transaction account from which your transfers will be debited, your Account to Account Transfer Service fees, if any, will be automatically debited, or to which transfers and credits to you will be credited, that is eligible for the Account to Account Transfer Service. An Eligible Transaction Account shall be limited to a checking or savings account that you hold with us.
- “External Account” is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.
- “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
- “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Account to Account Transfer Service to you on our behalf.
- “Transfer Instruction” is a specific information provided for a transfer to be made that you provide to the Account to Account Transfer Service for a transfer of funds.
- Service Providers.We are offering you the Account to Account Transfer Service through one or more Service Providers that we have engaged to render some or all of the Account to Account Transfer Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Account to Account Transfer Service to you, we are the sole party liable to you for any payments or transfers conducted using the Account to Account Transfer Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Account to Account Transfer Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
5. Authorization and Processing.
- You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
- When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds.
- We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
- The Account to Account Transfer Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The transfer is refused as described in Section 10 (Refused Transfers) below;
- You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
- It is your responsibility to ensure the accuracy of any information that you enter into the Account to Account Transfer Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
- Transfer Methods and Amounts.There are limits on the amount of money you can send or receive through our Account to Account Transfer Service. Your limits may be adjusted from time-to-time in our sole discretion. You may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Account to Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you.
7. Transfer Cancellation Requests.You may cancel a transfer at any time until it begins processing (as shown in the Account to Account Transfer Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you.
8. Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact Concierge Desk for the Account to Account Transfer Service pursuant to Section 26 (Errors, Questions, and Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
9. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Account to Account Transfer Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Account to Account Transfer Service or Site. Any applicable fees will be charged regardless of whether the Account to Account Transfer Service was used, except for fees that are specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Account to Account Transfer Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 (Failed Or Returned Transfer Instructions) applies if you do not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 22 (Failed Or Returned Transfer Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
10. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
11. Returned Transfers. In using the Account to Account Transfer Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.
12. Notices to Us Regarding the Account to Account Transfer Service. Except as otherwise stated below, notice to us concerning the Site or the Account to Account Transfer Service must be sent by postal mail to: P.O. Box 2075 Ashland, VA 23005. We may also be reached at 1-833-472-6223 for questions and other purposes concerning the Account to Account Transfer Service. We will act on your telephone calls as described below in Section 26 (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
13. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Account to Account Transfer Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Account to Account Transfer Service setup or customer profile. For example, users of the Account to Account Transfer Service may receive certain notices (such as notices of processed Transfer Instructions, alerts for validation and notices of receipt of transfers) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Account to Account Transfer Service if you withdraw your consent to receive electronic communications.
15. Receipts and Transaction History. You may view your transaction history by logging into the Account to Account Transfer Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
17. Eligibility. The Account to Account Transfer Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Account to Account Transfer Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Account to Account Transfer Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
18. Prohibited Transfers. The following types of transfers are prohibited through the Account to Account Transfer Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:
- Transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- Transfers that violate any law, statute, ordinance or regulation; and
- Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and
- Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
- Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Transfers relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
- Transfers relating to tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited transfers. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.
19. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Account to Account Transfer Service, regardless of the purpose of the use, and for all communications you send through the Account to Account Transfer Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Account to Account Transfer Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Account to Account Transfer Service, or interfere or attempt to interfere, with the Site or the Account to Account Transfer Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.
20. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Transfer Instruction, you shall communicate with Concierge Desk for the Account to Account Transfer Service in the manner set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Account to Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
22. Failed or Returned Transfer Instructions. In using the Account to Account Transfer Service, you are requesting that we or our Service Provider attempt to make transfers for you from your Eligible Transaction Account. If the Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer), the Transfer Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Transfer Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
- You will reimburse our Service Provider immediately upon demand the amount of the Transfer Instruction if the transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
- You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
- Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
- Address or Banking Changes.It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Account to Account Transfer Service, changes may be able to be made within the user interface of the Account to Account Transfer Service or by contacting Concierge Desk for the Account to Account Transfer Service as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Transfer Instructions or contact information.
- Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
- Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
- Account to Account Transfer Service Termination, Cancellation, or Suspension.If you wish to cancel the Account to Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. Any transfer(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Account to Account Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
26. Errors, Questions, and Complaints.
- In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.
- If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
- Tell us your name;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
- If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
- Intellectual Property.All marks and logos related to the Account to Account Transfer Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Account to Account Transfer Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Account to Account Transfer Service, the portion of the Site through which the Account to Account Transfer Service is offered, the technology related to the Site and Account to Account Transfer Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Account to Account Transfer Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
28. Links and Frames.Links to other sites may be provided on the portion of the Site through which the Account to Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account to Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
29. Password and Security. If you are issued or create any password or other credentials to access the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
30. Amendments. We may amend this Agreement and any applicable fees and charges for the Account to Account Transfer Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Account to Account Transfer Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Account to Account Transfer Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Account to Account Transfer Service, and/or related applications and material, and limit access to only the Account to Account Transfer Service’s more recent revisions, updates, upgrades or enhancements.
31. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Account to Account Transfer Service. We do not have control of, or liability for, any products or services that are paid for with our Account to Account Transfer Service. We also do not guarantee the identity of any user of the Account to Account Transfer Service (including but not limited to recipients to whom you send transfers).
32. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
33. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Account to Account Transfer Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Account to Account Transfer Service for any reason or no reason and at any time. The remedies contained in this Section 33 are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
34. Disputes. In the event of a dispute regarding the Account to Account Transfer Service, you and we agree to resolve the dispute by looking to this Agreement.
35. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
36. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 35 (Arbitration) above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 35 (Arbitration) of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
37. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Account to Account Transfer Service.
38. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Account to Account Transfer Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
39. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
40. Exclusions of Warranties. THE SITE AND ACCOUNT TO ACCOUNT TRANSFER SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT TO ACCOUNT TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
41. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT TO ACCOUNT TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT TO ACCOUNT TRANSFER SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
42. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 4, 12, 13, 21, 22, 27 and 32- 42 of the Agreement, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.
Panacea Financial’s Mobile Deposit service allows you to deposit certain items into your deposit account(s) using your mobile device. Your use of the mobile deposit service constitutes your acceptance of the mobile deposit terms and any changes we may make to these terms.
Fees. There is currently no fee to use the mobile deposit service.
Hardware and Software. To use the mobile deposit service you must have a supported mobile device with a supported camera, a data plan, and download the Panacea Financial Mobile App. We do not guarantee that your particular mobile device, camera, operating system, or carrier will be compatible with the service. We assume no responsibility should you experience technical, network, or other difficulties while using the mobile deposit service or any damages as a result of these difficulties.
Eligible Items. You agree to transmit only deposit items (checks) as defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permitted by the mobile deposit service.
You may use the mobile deposit service to deposit checks payable directly to you. Checks payable to third parties, altered items, fraudulent or unauthorized items, substitute checks, converted checks, remotely created checks, postdated checks (dated more than 6 months before the deposit), and checks not payable in U.S. currency are not permitted.
In addition to the checks or items listed above, the following specific items are not eligible for the mobile deposit service:
- Foreign checks
- U.S. Savings bonds
- Treasury Tax & Loan (TTL) payments
- Travelers checks
- Money orders
- Any attempted deposit made outside of the United States
Nothing in this mobile deposit agreement should be construed to require Panacea Financial to accept any check or item for deposit, even if Panacea Financial has previously accepted that type of check.
Image Quality. The image of a check transmitted to Panacea Financial using the mobile deposit service must be legible. The image quality must comply with standards set by Panacea Financial. You agree that we shall not be liable for any damages resulting from a check’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.
Endorsements. You must endorse the check transmitted through the mobile deposit service as instructed by Panacea Financial. You must include “For Mobile Deposit at Panacea Financial” below your signature. You agree to follow any and all other procedures and instructions for use of the mobile deposit service as Panacea Financial may establish from time to time.
Receipt and Crediting of Items. We may reject any check transmitted through the mobile deposit service, at our discretion, without liability to you. We are not responsible for checks we do not receive in accordance with this agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from Panacea Financial that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.
Availability of Funds. You agree that items transmitted using the Mobile Deposit Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 5:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available in three business days from the day of deposit. Panacea Financial may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Panacea Financial, in its sole discretion, deems relevant.
Disposal of Deposited Checks. After transmitting the mobile deposit, you agree to write ”submitted for mobile deposit‟ and today’s date on the front of the check. Ten (10) days after successfully transmitting a mobile deposit, you agree to destroy or otherwise void the check. You agree never to re-present to us or any other party a check or item that has been deposited through the mobile deposit service unless we notify you that the check or item will not be accepted for deposit through the mobile deposit service.
Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Service and to modify such limits from time to time.
You are limited to $25,000 per business day.
User Warranties and Indemnification. You warrant to Panacea Financial that:
- You will only transmit eligible checks and items that you are entitled to enforce
- All checks will include all signatures required for their negotiation
- Images will meet Panacea Financial’s image quality standards in effect which will be changed from time to time.
- You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
- You will not deposit or represent the original check or item with Panacea Financial or any other party.
- The information you provide to Panacea Financial is accurate and true, including all images transmitted to Panacea Financial accurately reflect to front and back of the check or item at the time it was scanned. You will comply with this agreement and all applicable rules, laws and regulations.
- You will use the mobile deposit services only for your own deposits and will not allow the use of the mobile deposit service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the mobile deposit service by or for the benefit of any third party.
- You agree to indemnify and hold harmless Panacea Financial from any loss for breach of this warranty provision or the terms of this agreement.
Ownership and License. You may use the mobile deposit service only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the mobile deposit service.