The Bancorp Bank Account Agreement
Account Agreement Terms and Conditions
This Account Agreement is effective .
IMPORTANT Please read carefully. Be sure to retain this Account Agreement for your records.
Under the terms of the USA PATRIOT Act, The Bancorp Bank must verify your identity in order to open and maintain this account. The verification process may take up to 30 days. Until the process is successfully completed, this account will be subject to temporary security limits. See below for details about these monetary limits on transfers and deposits.
Your account and card from Simple Finance Technology Corp. is issued and operated by The Bancorp Bank. If you have any questions about this notice, please contact Customer Relations by telephone, toll-free, at +1 888-248-0632 (if calling from outside the United States, call +1 424-652-5294), through the messaging features made available to customers at https://www.simple.com (the "Simple Web site"), or through the mobile phone application (individually and collectively, "Internet Banking"). Further information may be found on the Simple Web site.
This Account Agreement (the "Agreement") contains the rules that govern, where appropriate, your Simple Visa Card ("Card") and Negotiable Order of Withdrawal ("NOW") Account with The Bancorp Bank (the "Bank"). "We," "us" and "our" mean the Bank, our successors, affiliates or assignees. In this Agreement, "Customer," "you," or "your" means each person who uses the Bank to obtain a Financial Service. "Financial Service" means a Deposit Account, or any other financial product or service available through the Bank. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural and the plural includes the singular.
You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a debit card. The Card is not a credit card. The Card is not for resale. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable and it may be cancelled, repossessed or revoked at any time without prior notice, subject to applicable law. The Card is not designed for business use, and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
Consent to Terms and Conditions
By submitting a Bank-approved application or using the Card or any Financial Service, you agree to the terms and conditions of this account and the Schedule of Fees that may be imposed. Continued use of your account with us means you agree to these rules, you agree to pay the fees listed, and you give us the right to collect the fees, as earned, directly from the account balance. The Bank may amend or change any terms of this Agreement or any related account disclosures and documents provided to you. You are responsible for the accuracy and completeness of all information supplied to us in connection with your account and/or account services.
Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver's license or other identifying documents.
You must activate your Card before it can be used. You may activate your Card by calling +1 888-248-5068. To activate your Card, you will need to provide us with your Social Security number, Card number, and selected PIN. You may need to provide additional personal information in order to verify your identity.
Your Card will expire on the date indicated on its face. A new card will be issued to you 30 days before the current card expires.
If you need to replace your Card for any reason, please contact us, toll-free, at +1 888-248-0632 (if calling from outside the United States, call +1 424-652-5294). You will be required to provide personal information, which may include your Card number, full name, transaction history, etc. Please refer to the Schedule of Fees for the cost of a replacement card.
You should receive a receipt at the time you make a transaction with your Card. You agree to retain, verify and reconcile your transactions and receipts.
Authorized Persons Using the Account
The Customer named in the Bank's records is authorized to use the account and Card. The Customer may not appoint or authorize additional persons to use the account, subject to the Bank's policies. The Customer will provide specimen signatures to the Bank, in the manner requested by the Bank. You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by that person(s). You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.
Most of the Financial Services offered through the Simple Web site are provided by The Bancorp Bank, a member of the Federal Deposit Insurance Corporation (the "FDIC"). For purposes of applicable FDIC deposit insurance limitations, deposits in accounts at the Bank opened through the Bank may not be separately insured from any other Deposit Accounts you may have opened with the Bank, depending on the named account owners.
You certify that you have access to the Internet and a current email address. You have sole responsibility for providing us with a correct and operational email address. You must promptly notify us of any change in your email or postal mailing address, or if you are unable to access your account information through the Internet, when applicable to your Financial Services. If you do not promptly notify us, we will not be held liable for any adverse effects to your account as a result of undelivered mail or email, or due to your inability to access your account information over the Internet. The Bank is not responsible for any costs that you incur for maintaining Internet access and an email account.
To the fullest extent permitted by law, this Agreement and any other agreements, notices or other communications from the Bank to you regarding your account(s) at the Bank or our banking relationship ("Communication") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Simple Web site and/or delivered to your email address. You will print a paper copy of or download any electronic Communication and retain it for your records. All Communications in electronic format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. The Bank reserves the right to provide Communications in paper format.
Your consent to receive Communications electronically is valid until you revoke your consent by notifying the Bank of your decision to do so. If you revoke your consent to receive Communications electronically, the Bank may terminate your right to use the Simple Web site or obtain Financial Services, and you accept sole liability for any early withdrawal penalty, investment loss, tax or other consequence resulting from an involuntary termination of a Financial Service, to the extent permitted by law.
Your account is subject to the Bank's Privacy Practices as set forth in its Privacy Practices. You have had an opportunity to review, download and/or print, and you agree to the Privacy Practices relating to the Financial Services provided by the Bank.
Illegal, Fraudulent or Improper Activity
You will not use the Simple Web site or any Financial Service for any illegal, fraudulent or improper activity, including Internet gambling. If the Bank suspects that you may be engaging in or have engaged in a fraudulent, illegal or improper activity, including a violation of this Agreement, or any terms and conditions relating to the Simple Web site or any Financial Service, your access to the Simple Web site and any Financial Services may be suspended or terminated. You understand that transactions in your accounts may be suspended or terminated if an Internet Banking user ID, Internet Banking password, Card, Personal Identification Number ("PIN") or mobile unlock code (individually and collectively, an "Access Device") has been reported lost or stolen or when the Bank reasonably believes that there is unusual or suspicious activity on any of your accounts. You will cooperate fully with the Bank to investigate any suspected illegal, fraudulent or improper activity.
Password, PIN, and Mobile Unlock Code Protection
You will not disclose your password to access the Simple Web site, or any PIN or mobile unlock code assigned to your account, to any person other than persons you intend to have full authority to act on your behalf with regard to all of your Financial Services and accounts. The Bank may act upon instructions and information received from any person that enters your user ID and password, or provides your PIN or mobile unlock code, as applicable. You will notify the Bank immediately if your password, PIN or mobile unlock code is compromised or lost.
The Bank requires that you use a Web browser with 128-bit encryption. Regardless of whether you use a Web browser with security features, the Bank is unable to ensure that the data transmitted by you to the Bank, or from the Bank to you, will not be intercepted by third parties. To further ensure the security of your account, the Bank encourages you to avoid transmitting confidential information through email communications.
You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use of Access Information has occurred.
Limit on Liability
To the fullest extent permitted by law, the Bank and Simple Finance Technology Corp. will not have any liability in connection with any unauthorized interception or use of data relating to you or the Financial Services; any inability to use or access the Simple Web site for any reason; any actions or transactions by an individual who uses your user ID and password; or any cause over which the Bank does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers. The Bank and Simple Finance Technology Corp. will not have liability for any adverse effects to your account caused by any Spam Block programs or Fire Walls that may prohibit electronic communications, and/or account information access through the Internet.
The Financial Services accessible through the Simple Web site are provided "as is" and with all faults, and the Bank and Simple Finance Technology Corp. hereby disclaim, for themselves and for each other entity involved in the provision of the Financial Services, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and lack of viruses. In no event shall the Bank or Simple Finance Technology Corp. be liable for (a) damages caused other than by its own gross negligence or intentional misconduct or (b) indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy) arising out of or in any way related to the use of or inability to use the Simple Web site or any Financial Service, even if the Bank or Simple Finance Technology Corp. has been advised of the possibility of such damages. In no event shall the Bank or Simple Finance Technology Corp. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, act of God, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services). The foregoing disclaimer may not be effective under applicable state law.
We may change the terms of this Agreement at any time and make modifications and additions to the Simple Web site and the Financial Services provided by the Bank to the extent permitted by law. Notice will be provided to you as required by applicable law.
Any time that the terms, conditions, and charges associated with your account are not acceptable to you, you may terminate this Agreement by closing your account after paying any fees, penalties, or charges owed to the Bank. We may cancel or suspend your Card or this Agreement at any time.
You may not transfer any rights or obligations you may have under this Agreement or with respect to any Financial Service without prior written consent of the Bank. The Bank reserves the right to transfer any right or obligation under this Agreement or with respect to any Financial Service without your consent.
This Agreement between you and the Bank is accepted by the Bank in the State of Delaware and is governed by Delaware law.
In addition to the terms and conditions set forth in this agreement and related account disclosures, your account is subject to the Terms and Conditions of the Bank's charter and bylaws, applicable FDIC rules and regulations, and the laws of the State of Delaware, the United States of America and any other regulatory bodies with jurisdiction over the Bank and the Financial Services provided.
Any waiver by the Bank must be approved by an authorized representative of the Bank. If a waiver is approved by the Bank, we are not obligated to provide similar waivers in the future.
This Agreement is binding upon and shall inure to the benefit of permitted successors, assignees and designees of you and the Bank. If any provision of this Agreement is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and will remain in full force.
Deposit Account Terms and Disclosures
For purposes of this Agreement and any other account-related documents, the term "Deposit Account" means any NOW account opened at the Bank through the Simple Web site or any method offered by the Bank.
All items deposited will be handled by us as agent for you. Items sent for deposit shall not be construed to have been received by the Bank until we have received the actual item. For checks submitted via mobile deposit, the check shall not be construed to have been received by the Bank until the Bank receives the valid electronic check image file. We have the right to refuse any deposit. We may not accept deposits in foreign funds or checks drawn on banks located outside of the United States. If we do choose to accept foreign checks, the items are subject to collection prior to being credited to your account.
We may disregard any information written or printed on a check other than the signature of the drawer, the identification of the bank on which the check is drawn, the name of the payee, and the electronically encoded routing information on the check.
The Bank may return or refuse to accept all or any part of a deposit or credit to an account at any time, and will not be liable to the Customer for doing so, even if such action causes outstanding items to be dishonored and returned, or payment orders to be rejected. Refused deposits will be returned to the Customer.
Receipt of Deposits
All transactions received after our daily cut-off time on a business day we are open, or received on a day on which we are not open for business, will be treated and recorded as if received on the next business day that we are open. Saturday, Sunday and federal holidays are not considered business days. All checks, drafts and other items are conditionally credited to your account in U.S. dollars and are subject to our receipt of final payment for each item. We assume no responsibility for collections beyond the exercise of reasonable care. For deposited items, we are not responsible for the negligence of our correspondent banks or for the loss of "in transit" items.
Please do not send cash deposits through the mail. In the event that cash deposits are received, you agree that the Bank's determination of the amount of the deposit will be final. The Bank is not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by the Bank.
Mobile deposit allows you to make deposits to your account remotely by taking a picture of your check(s) and transmitting images of such checks to us in compliance with our requirements. If we accept the image for collection, we will then attempt to collect the item by presenting the image or converting the image to a substitute check. Unlike traditional check deposits as discussed above, you retain the original paper check when you use mobile deposit. The manner in which these substitute checks or images are cleared, presented for payment and collected will be determined by us in our sole discretion. We may change, modify, add or remove functionality from mobile deposit at any time, with or without notice to you.
Mobile Deposit Eligibility; Termination of Account Relationship
We will determine whether you are eligible for the mobile deposit feature in our sole discretion. If you violate the terms of the mobile deposit feature, then we also may use such actions as a basis to terminate your account relationship with us.
For any check deposited as an image through mobile deposit, you must endorse the check by signing or stamping the back and writing "For deposit only via mobile deposit, Bank Account #____" or as otherwise instructed by us before you scan the check.
We may impose limits on the dollar amount or number of deposits you make through mobile deposit, and we may change such limits at any time at our discretion. These limits are $3,000 per check ($2,000 first 30 days) with a daily maximum of $5,000 and no more than 5 per day. There can be no more than 10 checks per week with a total of $25,000, or 15 checks not to exceed $75,000. Limits may be changed based on the length of time the account is opened and account activity.
We may decline to accept any image of a check you submit through mobile deposit at our sole discretion. You agree that you will not scan and attempt to deposit any of the following:
- Checks payable to any person or entity other than you (i.e., third party checks);
- Checks containing alterations, illegible items, fraudulent checks, or checks that you should have known or have reason to believe were fraudulent;
- Checks that have been previously deposited at another institution via physical item, image or electronic funds transfer;
- Checks from financial institutions located outside of the United States;
- Checks that are not payable in U.S. dollars;
- Checks that are more than six (6) months old;
- Substitute checks (a digital reproduction of the front and back of an original check);
- Remotely created checks (a check created by a merchant with a buyer's checking account number on it, but without the buyer's original signature);
- Travelers checks and savings bonds;
- Non-negotiable instruments, such as promissory notes; or
- Checks drawn on any of your account(s) at The Bancorp Bank;
- Starter checks or counter checks (checks from a teller window).
I will comply with all applicable rules, laws and regulations. Each time you scan and submit check images for deposit through the mobile deposit feature, you also make all the warranties set forth in and subject to the terms of the Delaware Uniform Commercial Code ("UCC") for the image as if it were an item subject to the terms of the UCC. I make the following warranties and representations with respect to each image of an original check I transmit to you using the Services:
- Each image of a check transmitted to you is a true and accurate rendition of the front and back of the original check at the time that it was scanned, without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
- I will not deposit, re-present, negotiate, seek to negotiate or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.
- I will only transmit eligible checks and items that I am entitled to enforce.
- All checks and items will include all signatures required for their negotiation.
- I will use the Services only for my own deposits and will not allow the use of the Service for the benefit of any third party.
- Other than the digital image of an original check that I remotely deposit through your Services, there are no other duplicate images of the original check.
- I have possession of each original check deposited using the Services and no party will submit the original check for payment.
- I have ensured that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
- I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
- The information I provided for my Simple account remains true and accurate; and in the event any such information changes, I will immediately notify you of the change.
- I have not failed to communicate any material information to you.
- Files and images transmitted to you will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
Receipt of Check
We are not responsible for check images we do not receive or that are dropped during transmission. A check image will be deemed received by us only when we provide an online confirmation receipt to you that we have received your check image. When we confirm receipt of your check image, the image will still be subject to review before we submit it for collection and may still be rejected for any reason in our sole discretion. A confirmation is not a representation, warranty or other indication that the check image will be presented for collection or will be honored by any collecting or paying bank. If we reject a check image received through the mobile deposit feature, then you may submit the original check by mail to us for processing unless we instruct you otherwise, or you may want to contact the drawer and have them reissue the check. If you do submit the original check for processing, we reserve the right to refuse to process it and may instead require you to have the check reissued.
Retention of Original Check
Once your check image has been credited to your account you must mark the original check as "VOID" and retain the check for 60 days. You may not present the original check or any image or substitute check created from the original check for payment at any other financial institution. During this 60-day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check, and you must make the original paper check available to us for review at any time and as necessary for us to facilitate the clearing and collection process, to address third-party claims or for our own audit purposes. Should you fail to produce the original paper check, you authorize us to deduct the amount of the check in question from your account, regardless of whether such action may cause your account to not have sufficient funds, and to pay any associated fees. Immediately after this 60-day period, you must destroy the original paper check.
Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
In addition to the other indemnification provisions set forth in this Agreement, you agree to indemnify, defend and hold us harmless from and against any and all claims, demands, damages, liabilities, expenses (including reasonable attorneys' fees) or other loss that arises from or relates to your use of mobile deposit or your breach of the representations, warranties or covenants set forth in these Terms, including, without limitation, your attempt to duplicate the presentation of a check image via presentation of the original check or an image or substitute check derived from the original check and any liability that we may incur for processing an image or substitute check rather than the original paper check.
All checks deposited must be payable to you; the Bank will not accept third-party checks. In the event that the Bank receives and detects a third-party check, the Bank will not deposit the check into any account at the Bank. Third-party checks received in our Operation Center will be returned to you through the U.S. mail, and the Bank will not be liable for any checks that may become lost in the mail. Third Party checks deposited through mobile deposit may be rejected in processing. The Bank reserves the right to reject a deposit if it is made payable to the Bank and contains no means to identify the account to which it should be credited.
Automated Clearing House Deposits
In order to transfer funds from an account that you own or have control of at another financial institution to your account at the Bank using the Automated Clearing House ("ACH") Funds Transfer service, the Bank may require additional documentation or verification before activating this service.
ACH transactions will not be processed and accessible until the ACH service is activated by the Bank, upon receipt and review of the requested documentation or verification.
You will endorse any check or other item submitted for deposit exactly as it was made payable to you. You warrant that all endorsements on items deposited to your account are genuine. Any endorsement must be placed in the one-inch area starting at the left side on the back of an item and the remaining area on the back of the item may not contain any preprinted, stamped or handwritten information. If you fail to do this, you may be required to reimburse us for losses incurred. For any check deposited as an image through mobile deposit, you must endorse the check by signing or stamping the back and writing "For deposit only via mobile deposit, Bank Account #____" or as otherwise instructed by us before you scan the check. In the absence of endorsement, you authorize us to supply any missing endorsements if items are made payable to you or your order and you have not endorsed them.
Deposited Items Returned
If final payment is not received on any item you deposited to your account, or if any direct deposit, ACH deposit or Electronic Fund Transfer to your account is returned to us for any reason, you agree to pay us the amount of the return. We may charge any account of which you are an owner, or re-present any item you deposit with us that is returned to us unpaid, without prior notice to you. We may adjust any accrued interest on your account, and we may charge a fee for returned deposited items in accordance with our Schedule of Fees.
You authorize us to attempt collection of previously returned items that you deposited. In our attempts to collect these items, you agree that we may allow the payor bank (the bank on which the item is drawn) to hold the item beyond its midnight deadline. If an item you deposit is returned unpaid, you waive the requirement for notice of this return.
If a claim is made on any item subsequent to final payment on the grounds that the item was altered, bears a forged or unauthorized endorsement, or was not otherwise properly payable, we may withhold credit for the item from your account until final determination of the claim. In addition, we will not be liable for a check, draft or other item that you deposit that has been forged or altered in such a way that a reasonable person could not discover the forgery.
You understand that we may convert items you deposit through mobile deposit into substitute checks, images, or ACH entries. As a result, in the event that your item is returned unpaid, you will only receive a copy of the substitute check or image, or in the case of ACH entries, the ACH information.
Disputes over Account Funds
The Bank may refuse to pay out any money from an account until any dispute over the deposits or funds (including, without limitation, any dispute over what persons are authorized to represent or act for the Customer) has been resolved by a court or by agreement of the parties that is documented to the Bank's satisfaction. The Bank may file an action in interpleader with respect to any money where the Bank has been notified of disputed claims to that money. If any person asserts that a dispute exists, the Bank is not required to determine whether that dispute has merit in order to refuse to pay funds or interplead the funds. The Customer agrees to reimburse the Bank for any expenses, including legal and attorneys' fees, that the Bank incurs because of any dispute.
Withdrawals from Accounts
The specified account owner may withdraw or transfer all or any part of the account balance at any time on forms approved by us or with your Card.
The fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so, unless required by law. Withdrawals will first be made from available funds, and we may, unless prohibited by law or our written policy, refuse any withdrawal request against unavailable funds, even if our general practice is to the contrary. We reserve the right to refuse any withdrawal or transfer request that is attempted by any method not specifically permitted, or that exceeds any frequency limitations. Even if we honor a nonconforming request, repeated abuse of the stated limitations (if any) may eventually force us to close the account. We will use the date a transaction is completed by us (as opposed to the day you initiated it) to apply the frequency limitations.
General Account Information
Your account(s) may not be transferred or reassigned without our prior written consent.
If, in connection with a direct deposit plan, we deposit any amount into your account that should have been returned to the federal government for any reason, you authorize us to deduct the amount of our liability to the federal government from your account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
Right of Set Off
If you owe us money or are past due on any obligation to us, we can use the funds in any of your accounts with us to repay the amount you owe us, without going through any legal process or court proceeding. In other words, we reserve the right to set off any liability - primary or secondary, direct or contingent, past, present or future, sole or joint - that you owe to us, against any individual or joint Deposit Account you have with us. To the extent that we charge your account, we are relieved from any liability in connection with the funds we use. Further, you grant us a lien on and security interest in the funds on deposit in each of your accounts as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right of set off.
You agree to examine and reconcile your periodic statement upon receipt and promptly notify us by telephone or through the Simple Web site of any discrepancy or the unauthorized payment of any item. If you fail to do so, you will have to either bear the loss yourself or share the loss with us (depending on whether we used appropriate care and/or whether we in any significant way contributed to the loss). You agree that you will examine your statement with care within a reasonable period of time not to exceed 30 days from when the statement is first sent or made available to you.
Investigation of Claims
If you fail to discover or notify us of any unauthorized signature, forgery or alteration on the face or back of the check or any unauthorized draft or item on your account within 30 days after the monthly statement is made available to you, you cannot make any claim against us with respect to the check, draft, or item. In addition, we are not liable for an item that has been forged or altered in such a way that a reasonable person could not discover the forgery or alteration. You are in the best position to detect an unauthorized signature, a forged endorsement, a material alteration, an unauthorized paper draft or any unauthorized item on your account.
If you notify us of an unauthorized signature, forgery or alteration on the face or back of any check, any unauthorized paper draft, or any unauthorized item on your account within the time period required by the terms of this disclosure, we may investigate your claim for up to 60 days after receipt from you of all information we may request from you regarding such claim.
During any investigation of your claim of any unauthorized signature, forgery, alteration, unauthorized paper draft, or unauthorized item with respect to your account, we may elect to freeze or not credit you for the amount of such item(s) until we have completed our investigation.
We are not responsible for any temporary unavailability of funds in your account during the time in which the disputed item(s) are under investigation. This includes forged checks, unauthorized paper drafts and unauthorized items.
If our investigation reveals that the disputed signature or item was properly charged to your account, you agree to reimburse us for all of our costs and expenses (including attorneys' fees) incurred in connection with such investigation and related actions.
Account Liability/Customer Assistance
If you notify us of any alleged fraudulent or unauthorized item or transaction affecting your account and we elect to credit your account for the amount of any such alleged fraudulent or unauthorized item or transaction, you must fully cooperate with and assist us during any investigation or proceeding involving such unauthorized items as requested by us from time to time. This includes, but is not limited to, filing a police report, assisting us with criminal prosecution, or other actions deemed necessary by the Bank.
If you refuse or fail to fully cooperate and assist us in any investigation or proceeding involving such unauthorized items by or for your benefit, then, at our election, you must repay to us the amount of any prior account credit for the unauthorized item(s), and we may deduct such amounts from your account without further notice. In addition, you agree to hold the Bank harmless for any loss you incur as a result of the unauthorized item(s).
Accounts that are inactive for a period of time may be considered to be dormant and are subject to escheat. Each state has varying laws as to when the account is subject to escheat, and the Bank may be required to send the funds to the state of your last known address. We will make all reasonable efforts to contact you before transferring your account(s) to an applicable state. For accounts with international addresses, the funds will be transferred to the State of Delaware.
Duty of Care
In accordance with reasonable banking standards, most checks and other items presented to us for payment are processed through automated processing and, except in limited circumstances and subject to such reasonable sampling procedures as we establish at our discretion, most items are not individually examined to verify your signature or verify that the item is otherwise properly payable. You agree that we act within reasonable banking standards by processing most checks, paper drafts and other items through automated processing systems.
If you have moved outside of the United States or have frequent international transactions, you may be contacted about the international activity in your account and for further verification of your address. If you are moving or will be temporarily residing overseas, we recommend you notify us via telephone or secure messaging to prevent any disruption in your account activity. Your account may also be closed, depending on the location.
Inactive and Dormant Accounts
For security reasons, your account will be monitored for inactivity. If there is no transactional activity in or out of your account for a period of 180 days, the account will be considered dormant (or abandoned), and you will be assessed a fee in accordance with the Schedule of Fees. To the extent there is a balance in the account, interest will continue to accrue. However, once there is no remaining balance in the account, the account will be automatically closed. For security reasons, your debit card will be suspended and any further NOW account transactions will be rejected. You may reactivate your account at any time by calling +1 888-248-0632 or sending a secure message via the Simple Web site, https://www.simple.com. Upon verification, your account may be reopened.
Death or Incompetence
You or your appointed party, designee, or appointed individual agree to notify us promptly if any person with signatory rights on your account dies or becomes legally incompetent or incapacitated. We may continue to honor such checks and items until (a) we know of the fact of death or of adjudication of incompetence or incapacitation and (b) we have had a reasonable opportunity to act on that knowledge. You agree that, even if we have knowledge of an account signer's death, we may pay or certify checks drawn on or before the date of death for up to 10 days after that date, unless ordered to stop payment by someone claiming an interest in the account. We may require additional documentation to confirm any claims made on the account.
Power of Attorney
The Bank will honor a Power of Attorney designation on an account, provided it receives the required documentation evidencing such designation. The account owner and person executing power of attorney over a Deposit Account is known as the "Principal." The person granted power of attorney for the Principal is known as the "Attorney-in-Fact." We may refuse to accept a power of attorney for reasonable cause, and we may require the Attorney-in-Fact to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Attorney-in-Fact's knowledge, the Principal continues to be alive and competent and the relevant powers of the Attorney-in-Fact have not been amended or terminated.
The Principal is responsible for providing us with any information if an affidavit presented to us is untrue or misleading or if the Attorney-in-Fact exceeds the authority granted by the Principal in the power of attorney. The Attorney-in-Fact is required to notify us in writing if the Principal or any other account owner dies or is declared incompetent.
The power of attorney will continue in force until (a) we receive written revocation from the Principal; (b) we receive written notification of the Principal's death; or (c) we receive written notification of the death or incapacity of the Attorney-in-Fact.
Before using any form of facsimile or mobile signature in connection with a Deposit Account, you agree to submit a sample to us and to execute and deliver agreements in a form we require. When you use a facsimile or mobile signature, you agree that you shall have the sole responsibility for ensuring the security of the facsimile or mobile signature, and you bear the entire risk for unauthorized use thereof, whether or not you are negligent, except where it may be required by law.
You agree that no facsimile or mobile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and that such facsimile shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify us and hold us harmless from and against any and all losses, costs, damages, liabilities or exposures we or you may suffer or incur as a result of the unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed.
Fees and Charges
You agree to pay the charges as shown on the Schedule of Fees, which is provided in these disclosures and posted on the Simple Web site. Fees or charges incurred on your account will be deducted directly from the account balance. We will not be held liable for any items that are dishonored or any other debts that may occur from the deduction of charges as stated in this Agreement.
Interest Rate and Annual Percentage Yield (APY)
Your account may earn interest at such a rate and compounding list frequency as disclosed on the Simple Web site. We use the Daily Balance Method for calculating your interest. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue on the business day you deposit noncash items (for example, checks). The rate is subject to change and may be found on the Simple Web site or your periodic statement. You may view the current rate at https://www.simple.com/policies/rates.
IRS Backup Withholding
If you do not provide us with your correct Tax Identification Number (Social Security Number or Employer Identification Number) and the required certification, or if we receive a notice from the Internal Revenue Service ("IRS"), the interest earned on your account may be subject to federal backup withholding at the IRS-mandated rate.
Court Attachments; IRS Levies; Adverse Claims; Similar Actions
If your account becomes subject to legal action, such as a tax levy or third-party garnishment, we reserve the right to refuse to pay any money from your account, including items presented for payment, until the action is resolved. If we are required to pay an attachment, garnishment or tax levy, we are not liable to you. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to a garnishment, levy or attachment on your account. We may charge these expenses to your account. Until we receive the appropriate court documents, we may continue to process transactions against your account, even if we have received an unofficial notification of an adverse claim. You will indemnify us for any losses if we do this.
You will provide us with any other documentation or information that we request in connection with your Account. Your failure to provide this information may result in federal backup withholding and restrict your ability to use the account transactions in which these documents are required for verification purposes. We may incorporate the Signature Card in the application for the account, and your signature may be captured electronically.
You agree to provide us with accurate and complete financial and other information we request in connection with a Deposit Account. Information concerning a Deposit Account may be reported to credit reporting agencies and will be made available when requested by proper legal procedures.
An account opened for personal use cannot be used for business purposes. If your personal account is identified as being used as a business account, it will be closed.
If you wish to close your Deposit Account with the Bank, you agree to notify us of this intention in writing. After a Deposit Account is closed, we have no obligation to accept deposits or pay outstanding items, but may do so at our discretion and any access device will no longer be active. You agree to hold us harmless for honoring or refusing to honor any check, paper draft, or other item on a closed account. A Bank check for the balance in the account will be sent to the address on file within 14 business days of your final transaction and/or of receiving all required documentation for closing the account. All related closing fees as noted in our Schedule of Fees may be deducted from the final balance. If your balance is $2.00 or less, the Bank will not send a check for the balance. The Bank reserves the right to close your account at any time.
Internal Accounting of Balances
The following is a summary of the functionality of your account. This is an explanation of how your account is structured and does not reflect any changes to your account functionality at this time. Your checking account will consist of two (2) "Sub-Accounts" on the books of the Bank: (1) either a demand deposit (non-interest-bearing) account or a NOW (interest-bearing) account; and (2) a savings deposit, as those terms are defined under federal law. The two will be treated as a single account for Customer use, and you will see no effect.
All deposits and other credits will be posted to, and debits will be deducted from, the demand deposit or NOW account. Whenever the demand deposit or NOW account balance exceeds a "threshold amount" (which we may establish and change at our discretion), we may transfer funds above that amount to the savings deposit. As these funds are needed to pay items presented against your checking account, the appropriate amount will be transferred back to the demand deposit or NOW account, up to six (6) times per statement cycle. If a sixth transfer is needed, the entire balance of the savings deposit will be transferred into the demand deposit or NOW account. This process may be repeated each month.
For interest-bearing checking accounts, we will pay the same rate of interest on balances in both sub- accounts. Your periodic statement will show a single annual percentage yield earned on the combined balances.
UCC 4A Disclosures: Electronic Credits
Provisional Payment Disclosure
Credit given to you with respect to an ACH credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that the Bank is entitled to a refund of the amount credited to your account in connection with such entry. The party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
Under the operating rules of the National Automated Clearing House Association ("NACHA"), which sets the rules for the ACH transactions regarding your account, we are not required to give next-day notice to you of receipt of an ACH item, and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide you.
Choice of Law Disclosure
We may accept on your behalf payments to your account that have been transmitted through one or more ACHs. These payments are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of Delaware as provided by the operating rules of NACHA, which are applicable to ACH transactions involving your account.
Regulation E: Electronic Fund Transfers and Related Disclosures
Electronic Fund Transfer Disclosure
We presently offer many bank services that may be considered "Electronic Fund Transfers," including, but not limited to, Automated Teller Machine ("ATM") transactions through the STAR®, PLUS® or Allpoint® acceptance marks / networks; point-of-sale ("POS") transactions; ACH transactions, including, but not limited to, direct deposits and preauthorized withdrawals; automated telephone transfers; and online transfers. This disclosure (as required by Federal Regulation E: Electronic Fund Transfer Act) provides information that describes your rights and responsibilities regarding these services. Electronic Fund Transfer services must be specifically requested and arranged. You must qualify for the service.
Advise us immediately if you believe your Card and/or PIN has been lost or stolen. Telephoning us is the best way of keeping your possible losses down. If we are advised within two (2) business days, your loss is limited to $50, if someone used your Card and/or PIN without your permission. If we are not advised within two (2) business days after you learn of the loss or theft of your Card or PIN, you could lose as much as $500.
Additionally, if your statement shows transfers that you did not make, advise us immediately. If we are not notified within 60 days after the statement mailing date or electronic statement notification date, you may not recoup funds lost after the 60 days, if we can prove that contacting us would have prevented the loss. If a justified reason kept you from notifying us (appropriate documentation may be required), we may extend the time periods.
If you believe that your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, immediately contact the Customer Relations team at +1 888-248-0632. You may be required to confirm the information provided by writing to us at the following address:Simple Finance Technology Corp
PO Box #28462
Portland, OR 97228
Phone: +1 888-248-0632
Consistent with applicable law, you may use your Card with your PIN to perform most routine transactions on the accounts that are accessible by your Card.
You can use your Card to:
- Make cash withdrawals
- Make deposits of cash, checks, or drafts
- Obtain your most recently available account balance
- Pay for purchases at places that have agreed to accept the Card
Some of the above services may not be available at all ATMs or locations.
International ATM Transactions
International transactions requested through your Card are converted to U.S. currency according to the rules and regulations of the ATM network. The conversion of the currency to U.S. currency may occur on a date other than your original transaction date, and fees may be assessed by these networks. You are responsible for the U.S. currency amount plus any fees assessed for the currency conversion. Some services may not be available at international ATM terminals. International ATM transactions may be subject to a fee in accordance with our Schedule of Fees.
Charges Made In Foreign Currencies
If you engage in a transaction in a currency other than U.S. dollars using your Card, Visa will convert the charge into a U.S. dollar amount. The exchange rate between the transaction currency and the billing currency used for processing international transactions is either (a) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate for the processing date may differ from the rate in effect on the date of the transaction or the date the transaction is posted to your billing statement.
For each purchase transaction in a foreign currency that has been converted into a U.S. dollar amount by Visa, the Bank may assess a foreign currency conversion fee in accordance with our Schedule of Fees and will retain that amount for its services. The standard limits for ATM and POS transactions are different for foreign transactions. Refer to the limits section.
Limitations on Frequency of ATM Transactions and Cash Withdrawal Limits
With your PIN, you may use your Card to obtain cash from any ATM or any POS device, as permissible by the merchant, which bears the STAR®, PLUS® or Allpoint® acceptance marks. All ATM transactions are treated as cash withdrawal transactions.
The maximum cumulative amount that you may withdraw from an ATM per twenty-four (24) hour period is $500. The maximum cumulative amount that you may withdraw from an ATM per 30-day period is $5,000.
If you are traveling overseas your ATM limit is $500 per day. For security reasons these amounts may be reduced depending on prior activity.
The maximum amount that you may withdraw through a participating bank (over-the-counter withdrawal) per 24-hour period is $5,000.
There are certain types of cash transactions that you may withdraw $1,000 per day. This includes, but is not limited to, purchasing money orders, traveler's checks, and foreign currency.
Any funds withdrawn from a POS device or through a participating bank (over-the-counter withdrawal) will be subject to the maximum amount of $20,000 that may be spent on your Card per 30-day period.
Frequency-of-use limitations are imposed on ATM transactions for security reasons and for the protection of your account. They are not disclosed for this reason and may be changed at any time. You will be denied the use of your Card if:
- You exceed the daily ATM withdrawal or purchase limit;
- You do not have sufficient available funds in your account;
- You do not enter your correct PIN; or
- You exceed the limit on the number of times you can use your Card each day.
The receipt provided by the ATM or merchant terminal will notify you of the denial. There is a limit on the number of such denials permitted, beyond which the machine may retain your Card. The number of attempts that will cause the retention of your Card is also not disclosed for security reasons.
Consistent with applicable law, you may use your Card to purchase goods and services and/or obtain cash where permitted by the merchant, from any merchant who accepts Visa® Cards. The merchant will require your signature instead of your PIN to authorize the purchase request. You may also use your Card with your PIN at any merchant location where ATM cards are accepted to purchase goods and services and/or obtain cash where permitted by the merchant. The amount of all purchases, including any cash obtained, will be deducted from your NOW account.
If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. You may not use your Card for online gambling or any illegal transaction.
When you make a purchase through the debit card network, we may place a hold on the funds in your NOW account that may be necessary to cover the amount of the transaction. (Please see "Preauthorization Holds," below, for additional information.)
Each time you use your Card, you authorize us to reduce the value available in your NOW account by the amount of the transaction and any applicable fees. You may not exceed the available amount in your NOW account through an individual transaction or a series of transactions.
Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees listed in the Schedule of Fees.
The maximum amount that you may use for the purchase of goods and services on your Card per 24- hour period is $6,000. If you are traveling overseas your limit is $1,000 per day. For security reasons these amounts may be reduced depending on prior activity.
Rules of Card Associations
If you report the loss or theft of your Card within two (2) business days of when you discover the loss or theft of the Card, and you have not been grossly negligent or have not engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Card, when used for signature-based point-of-sale transactions. If you do not advise us within two (2) business days, your liability is the lesser of $50 or the amount of money, property, labor or services obtained by the unauthorized use before notification to us.
New procedures are in effect that may impact you when you use your Card at certain merchants.
In the past, transactions were processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or a transaction processed by another network listed on the back of your Card.
Merchants are responsible for providing you with a clear way of choosing to make a Visa debit transaction, if they support the option.
If a network other than Visa is used when making a transaction without a PIN, different terms may apply. Certain protections and rights described in this Agreement are applicable only to Visa debit transactions and do not apply to transactions processed by another network.
When your Card or other network enhancement feature related to the Card is used at a point-of-sale location to obtain goods or services or obtain cash, the merchant may attempt to obtain preauthorization from us for the transaction. We place a 7-business-day hold on your account for the amount of the preauthorization request, which may vary in some cases from the amount of the actual purchase, depending on the merchant's request. If the preauthorization request varies from the amount of the actual transaction, payment of the transaction may not remove the hold, which will remain on the account until the end of the tenth business day. This hold may affect the availability of funds from your NOW account to pay for Electronic Fund Transfers. We will not be responsible for damages for wrongful dishonor of any items that are not paid because of the hold.
If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount up to $100. If your Card is declined even though you have sufficient funds available, pay for your purchase directly with the cashier.
If you use your Card at a restaurant, at a hotel, for a car rental, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20 percent to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to thirty (30) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
Preauthorized Debits or Credits
You may arrange to have certain recurring payments automatically deposited (credited) to your account. Examples of this service include the direct deposit of Social Security and other government payments, and the direct deposit of your payroll.
You may arrange to have certain recurring withdrawals automatically paid (debited) from your account. For example, you may arrange to have insurance premiums paid automatically.
These preauthorized transfers are governed by federal regulations pertaining to Electronic Fund Transfer services that entitle you to certain protections. Requests for these services must be authorized by you in writing prior to becoming effective.
Right to Stop Payments and Preauthorized Electronic Payments and How to Do So
If you want to permanently revoke a recurring preauthorized electronic transfer you authorized from a third party, you will need to first send written instructions to the originating third party to cancel your preauthorized transfer.
If you have authorized regular payments out of your account, you can stop any of these payments by notifying the Customer Relations team by telephone, email or secure messaging, you may be required to confirm the information provided by writing to us at the following address:Account Services
Simple Finance Technology Corp
PO Box #28462
Portland, OR 97228
Phone: +1 888-248-0632
Your request must include your account number, the name of the payee, the amount of the item to be stopped, and the date payment was scheduled to be made. You must indicate if your intention is to stop only one instance or all instances of this recurring payment. This request needs to be received by us three (3) or more business days before the payment is scheduled to be made. If your request is by telephone or through the Simple Web site, we may also require you to put your request in writing and ensure that it is received by us within 14 days after your call or electronic message. A stop-payment fee may be charged for each stop-payment and renewal order you request in accordance with our Schedule of Fees.
If you order us to stop payment on any preauthorized transfer according to the requirements above and we fail to do so, we will be liable for your proven loss or damages, unless:
- You failed to give us enough information, proper instructions or sufficient time to act on the stop-payment; or
- We do not receive written confirmation of your telephone or electronic message request to stop payment within 14 calendar days, and the preauthorized transfer occurs after the 14 calendar days.
In any case, we will only be liable for actual proven damages if the failure to make your transaction resulted from a bona fide error on our part, despite our procedures to avoid such errors. If we pay a preauthorized transfer over your valid and timely stop order, we may re-credit your account. If we do this, you will sign a statement describing the dispute with the payee. You agree to transfer to us all of your rights against the payee. In addition, you will assist us in any legal action taken against the payee.
In addition, if you want to permanently revoke a recurring preauthorized electronic transfer, you will need to first send written instructions to the originating third party to cancel your preauthorized transfer. We may ask you to provide us with a copy of your letter to the originating third party and sign an Affidavit of "Authorization Revoked/Stop All Payments" request with us.
Notice of Varying Amounts
If authorized regular payments may vary in amount, the third party you are paying will provide the payment amount at least 10 days before each payment, along with the payment date.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and you agree to the refund policy of that merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.
Our Liability for Failure to Complete an Electronic Fund Transfer
If we fail to complete an Electronic Fund Transfer transaction on time or in the correct amount when properly instructed by you, we will be liable for damages caused by our failure unless:
- There are insufficient funds in your account to complete the transaction through no fault of ours. A fee may be charged in accordance with our Schedule of Fees;
- The funds in your account are uncollected or unavailable. A fee may be charged in accordance with our Schedule of Fees;
- The funds in your account are subject to legal process;
- The transaction you request would exceed the funds in your account plus any available overdraft credit. A fee may be charged in accordance with our Schedule of Fees;
- The ATM system has insufficient cash to complete the transaction;
- Your Card has been reported lost or stolen and you are using the reported Card;
- We have a reason to believe that the transaction requested is unauthorized;
- The failure is due to an equipment breakdown that you knew about when you started the transaction at an ATM or merchant terminal;
- You attempt to complete a transaction at an ATM or merchant terminal that is not a permissible transaction listed above; or
- The transaction would exceed security limitations on the use of your Card.
In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from an honest error despite our procedures to avoid such errors.
Fees and Charges
We charge a fee to use your Card at an ATM within the United States or internationally unless it is at a STARsf ATM, or to make a point-of-sale purchase. You will be charged a foreign transaction fee for a point-of-sale purchase if made internationally. The terminal owner may charge you a fee for use of their ATM. You may, however, be assessed a fee by the card association, for example Visa or MasterCard, for using your Card at an ATM or making a point-of-sale purchase.
You will pay any applicable fees and charges we assess for your Card services and/or other electronic services that you select. Applicable fees will be deducted from your account and listed on your account statement. These charges and fees are assessed in accordance with our Schedule of Fees.
You agree that your Card remains the property of the Bank, shall be surrendered upon demand, and may be revoked or cancelled at any time.
If you do not use your Card for six (6) consecutive months, it may be cancelled for security reasons and will be unusable. This may occur without prior notice to you.
If your Card is reissued or reactivated, a fee may be assessed for its reissue in accordance with our Schedule of Fees.
For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included.
Types of Electronic Fund Transfer Services Offered
Not all services offered are applicable to every account. For questions about your particular account and the availability of Electronic Fund Transfer services, including ACH, Card, and telephone and online transfer features, please contact Customer Relations.
PIN and Passwords
Your PIN and passwords are identification methods that are both personal and confidential. You are required to use your PIN with your Card at an ATM or ATM merchant terminal. It is a security method by which we help you maintain the security of your account. Your passwords are another security method that maintains the security of your account and the transactions you process online.
Therefore, you agree to take all reasonable precautions to protect the confidentiality of your PIN and/or passwords. As such, you agree that you will not reveal your password, PIN, or any other Access Device to any person not authorized by you to use your Access Devices; not write your PIN or password on your Card or on any item kept with your Access Devices; and not leave a computer terminal unattended after you have logged on using your password or other Access Device.
Upon your request, a receipt will be provided each time you make a transaction on your account using an ATM.
Confirmation of Preauthorized Credits
If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you may contact Customer Relations to find out whether the deposit has been made.
A monthly account statement will be provided electronically.
We will disclose information about your account or the transactions you make to third parties:
- Where it is necessary to complete transactions;
- To verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau or merchant;
- To comply with government agency or court orders;
- In accordance with your written permission;
- In order to comply with governmental or administrative agency summonses, subpoenas or orders; and
- On receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.
Errors or Questions and How to Contact Us
In case of errors or questions about your Electronic Fund Transfers, you agree to promptly contact Customer Relations by telephone or the Simple Web site. You may be required to confirm the information provided by writing to us at the following address within 10 business days:Account Services
Simple Finance Technology Corp
PO Box #28462
Portland, OR 97228
Phone: +1 888-248-0632
If you believe an Electronic Fund Transfer transaction was processed in error or was unauthorized, or if you need more information about a transfer listed on your statement or receipt, you must contact the Bank no later than 60 days after the problem or error first appeared on your statement.
In your communication with us, please provide the following information:
- The account name and account number;
- A description of the suspected error or the transfer about which you are unsure, why you believe there is an error, or why you need more information;
- The dollar amount of the suspected error; and
- The date of the suspected error.
When we receive your error notification, we will report to you on the status of our investigation within 10 business days. In all cases, we will correct any error promptly.
If we need more time to investigate your question or complaint, we may take up to 45 calendar days for ATM transactions (other than international transactions), Telephone Banking transactions and ACH transactions. For errors involving new accounts within 30 days after the first deposit, point-of-sale transactions or foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. If this is necessary, we will provisionally credit your account for the amount you believe is in error within 10 business days of your original complaint or question, so that you will have the use of the money during the time it takes us to complete our investigation. If we do not receive your written confirmation of your questions or complaint within 10 business days, we may decide not to provisionally credit your account.
We will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation. If provisional credit was given and it is determined that there was no error, you must repay to us the amount of the provisional credit for the disputed item(s). You will have access to those funds for five (5) business days, and then we may deduct such amounts from your account without further notice.
Internet Banking and Transfer Services
You may access your account through the Simple Web site or mobile phone application (collectively, "Internet Banking") by entering your user ID and password. The mobile application will require you to create a mobile unlock code to secure future access through the mobile application. Your user ID, password and/or mobile unlock code act as your signature to authorize any requested transactions through the Internet Banking service.
You can use our Internet Banking service to:
- Obtain current account balances
- Obtain transaction information
- Obtain statements
- Pay bills using our optional bill pay service: CheckFreePay Terms and Conditions
- Transfer funds to other accounts with third-parties
For transfer transactions, your request will only be completed if you have sufficient funds in the account from which you wish to transfer funds and the accounts are linked for transfer capabilities. Dollar limitations may be set according to the account type and/or the type of online transfer service you are utilizing to transfer funds. These limitations are set for security reasons and are not disclosed for that reason. Transfers may be delayed based on the time of transaction and the type of transfer service you are utilizing to process the transfer.
Simple-to-Simple Transfers – Between Simple accounts
Transfers can be made in 2 ways, on a one-time or recurring basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example a $100 transfer from Friend A to Friend B which occurs every 2 weeks.
One-time immediate transfers can be made from a linked Simple checking to an active linked Simple checking account(s).
Scheduled and recurring transfers can be made from a linked Simple checking to an active linked Simple checking account(s).
B. Simple-to-Simple Transfer Service
1. Description of Service and Consent
Simple-to-Simple Transfers allows you to send money from your Simple account to another Simple customer by using a recipient's email address and mobile phone number. Transfers are to US based banks. In order to send or receive Simple-to-Simple transfers; you must register through Internet Banking from your personal computer or Internet Banking from your mobile device. You may send a Simple-to-Simple Transfer using Internet Banking or by entering the email address and mobile phone number of the recipient. Similarly, Simple-to-Simple transfers sent to you will be received by the account associated with the email and mobile phone number of your account. By participating in the Simple-to-Simple Transfer Service, you are representing to us that you are the owner or you have the authority to act on behalf of the owner of the mobile phone number or email address you are using to send or receive messages regarding money transfers. In addition, you are consenting to the receipt of emails or automated text messages from Simple, regarding the transfers and represent to us that you have obtained the consent of the recipients of your intended transfers to the receipt of such emails or automated text messages.
2. Scheduling Transfers
Once registered, you may make one-time transfers at any time using Internet Banking by entering the email and mobile phone number of the recipient. An unregistered recipient must register within 14 days and set up the same email address and mobile phone number that you entered to send them money. If the recipient does not register, set up an email address and mobile number and accept the transfer within 14 days, the transaction will be canceled. During this period, a hold will be placed on the sender's account for the amount of the transfer. Transfers will automatically be debited from the sender's account and deposited in the recipient's account. If the sender and recipient are already both Simple customers, transfers will be immediately debited from the sender's account and reflected in the recipient's account upon acceptance. You acknowledge and agree that payment transfers will be completed using only the email address and mobile phone number you enter even if it identifies a person different from your intended recipient. The name you enter will help you identify your intended recipient for reference in the drop down menu and your transaction history but will not be used to process payments. Please make sure you accurately enter the recipient's email address and mobile phone number since your obligation to pay for the transfer will not be excused by an error in the information you enter.
There is no fee for sending or receiving a transfer under the Simple-to-Simple Transfer Service. Please note that your mobile carrier may charge you for text messaging. Please check your mobile service agreement for details on applicable fees.
You may also make payments without a transaction fee by using Bill Pay. Bill Pay allows you to transfer money to individuals, regardless of whether they are Simple customers, usually within 5 business days.
4. Mobile Carrier Information
By registering a mobile phone number through the enrollment process, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to register the number.
Message & data rates may apply. In case of questions, please call customer service at 1.888.248.0632.
5. Limitations and Dollar Amounts for Transfers
Simple-to-Simple Transfers are subject to the following limitations:
- Customers within 30 days from opening their Simple account may send up to 15 transfers with an aggregate dollar limit of $2,000.
- Simple Customers participating in the Simple-to-Simple Transfer Service may send up to $2,000 during any 24-hour period or $10,000 during any 30 day period. In addition, we may limit the total amount of money that any Simple customer can receive through these transfers.
- All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the Simple-to-Simple Transfer system.
- At our discretion, we may refuse to process any transaction that exceeds any of the above limits. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within Internet Banking.
C. Canceling Simple-to-Simple Transfers
- A one-time immediate transfer to another Simple customer cannot be canceled after it has been submitted.
- Future-dated and recurring transfers can be canceled prior to midnight ET on the bank business day prior to the date the transfer is scheduled to be made. If the transfer's status is In Process or Processed, you can no longer cancel it. After you cancel a future-dated transfer, the status changes to Canceled.
Regulation CC: Expedited Funds Availability
Funds Availability Policy
Information contained in this section is to assist you in understanding our Funds Availability Policy. All deposits into accounts opened through the Bank are processed at a Bank processing facility. The Bank does not accept in-person deposits at its loan offices, but it does accept deposits in person at its headquarters in Wilmington, Delaware.
We make the funds available according to the type of deposit and when the funds are applied, or credited, to your account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH withdrawals or wire transfers, during the hold period. We have the right to refuse any deposit.
If final payment is not received on any item you deposited to your account, or if any direct deposit, ACH deposit or Electronic Fund Transfer to your account is returned to us for any reason, you agree to pay us the amount of the return, plus any fee in accordance with our Schedule of Fees.
The length of delay in the availability of funds varies depending on the type of deposit. Special rules may apply to new accounts.
The length of delay in the availability of funds is counted in business days from the day your deposit is applied to your account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received in our Operations Center by 4:00 p.m. (ET) will be considered current-day deposits. Any deposits received after that time will be processed the following business day.
Funds from wire transfers, online transfers between accounts at the Bank, preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your account.
Funds from Customer-initiated credit card and Customer-initiated electronic payments will be applied to the account when the Bank has verified the external account and received payment in collected funds. Once the funds are applied to the account, they will have same-day availability.
Funds are available on the first business day after the day of deposit for:
- Cash (however, please do not send cash deposits through the mail)
- Checks drawn on the Bank
- U.S. Treasury Checks
Funds are available on the second business day after the day of deposit for:
- Other checks drawn on a bank in the United States, including:
- Personal and Business Checks
- State and Local Government Checks
- Treasurer's/Cashier's Checks
- Certified Checks
- Federal Reserve Bank Checks
- Federal Home Loan Bank Checks
- U.S. Postal Service Money Orders
The first $200 from a deposit of checks will be available on the first business day after the deposit is applied to the account. The remaining funds will be available on the second business day after the day the deposit is applied to the account.
For example, if a check of $700 is applied to your account on a Monday, $200 of the deposit is available on Tuesday. The remaining $500 is available on Wednesday.
Cash, checks and other items deposited at an ATM will be available on the fifth business day after the deposit is applied to your account.
Credit for each deposit made at an ATM is subject to verification of each item deposited in accordance with applicable law.
Longer Delays May Occur
Under certain circumstances, a longer wait period may apply before funds deposited by check are available. A longer delay may apply if, for instance:
- We believe a deposited check will not be paid.
- You deposit checks totaling more than $5,000 in one (1) day.
- You redeposit a check that has been previously returned unpaid.
- You have overdrawn your account repeatedly in the last six (6) months.
- The Bank experiences an emergency, such as failure of communications or computer delays.
The Bank will notify you if we delay your ability to withdraw funds for any reason, and we will tell you when the funds will be available. They will generally be available no later than the ninth business day after the deposit is applied to your account.
Special Rules for New Accounts
For new customers, these special rules will apply during the first 30 days of your new account:
- Funds from electronic direct deposits to your account will be available on the day we receive the deposit
- The first $5,000 of a day's total deposits of cashier's checks will be available on the first business day after the deposit is applied to your account if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. The excess over $5,000 will be available on the ninth business day after the deposit is applied to your account.
- Funds from all other check deposits will be available on the ninth business day after the deposit is applied to your account.
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Deposit Account or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Deposit Account, or the Cards of any additional authorized users designated by you; (ii) the amount of available funds in the accounts; (iii) advertisements, promotions or oral or written statements related to the account, goods or services purchased with the Cards or by other electronic means; and (iv) the benefits and services related to the account. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality, so long as the Claim is individual and pending only in the court.
As solely used in this Arbitration Provision, the terms "we" and "us" shall for all purposes mean The Bancorp Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing any product, service or benefit in connection with any account if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you.
As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use the account, including, but not limited, to all persons or entities contractually obligated under any of the Agreements and all additional authorized users.
Initiation of Arbitration Proceeding/Selection of Administrator
Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services ("JAMS") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator.
For a copy of the procedures, to file a Claim, or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614 (www.jamsadr.com); or (ii) AAA at 335 Madison Avenue, New York, NY 10017 (www.adr.org).
Significance of Arbitration
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR THE AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration
If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other account holders or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Location of Arbitration and Payment of Fees
Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court that is closest to the mailing address we have in our records and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence.
Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party's submission.
The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel that will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding.
This Arbitration Provision shall survive termination of your account as well as voluntary payment of any debt in full by you and any legal proceeding by us to collect a debt owed by you. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.
Banking services provided by The Bancorp Bank, Member FDIC.