TERMS AND CONDITIONS
This agreement (the “Agreement”) sets out the terms and conditions governing your use of the Client Service (the “Service”). You may access the Service through the website with its home page located at www.autopayplus.com (the “Service Website”). As used herein, the terms “Bank”, “we,” “us,” and “our” mean Community Federal Savings Bank, and “Client” means USEA2, Inc. “You” and “your” means the person who is using the Service to transfer funds from a US bank account (each such bank account is deemed “Your Bank Account”).
This is Your Contract with Us. Read this Agreement and keep it for your records. By using the Service, you agree to the terms of this Agreement and agree that you will comply with all applicable laws.
Eligibility and Registration. In order to use the Service, you first must register. As part of your registration and use of the Service, you represent and warrant that:
(a)If an individual, you are of the legal age of majority in your jurisdiction, but in all events at least 18 years old; (b)You have full authority to enter into this Agreement;
(c)You hold a US bank account that will be the source of funds for transfers using the Service that is held in your name and over which you exercise legal authority and control;
(d)You will not be violating any laws or regulations by registering with us, entering into or by performing any part of this Agreement, or by otherwise using the Service;
(e)All information provided by you as part of your registration and use of the Service is accurate and complete, and you undertake to promptly notify us of any changes to such information
(f) You will ensure that your contact details provided at registration remain accurate and up to date. We will use those contact details to contact you wherever required under this Agreement or in connection with the Service. You may update your contact details at any time by logging in to the Service Website.
General Description of the Client Service. You authorize us to debit your bank account number and routing number using ACH for payment of the specified loan(s) and related fees in accordance with a regularly scheduled recurring amount on a time-frame chosen by you (each, a “Transaction”). Your loan(s) are paid monthly unless we advise you otherwise. You also authorize us to debit any amount that you owe in an amount up to three (3) regularly scheduled debits plus $250. Payments to lender(s) (each, a “Lender”) on your behalf may be in the form of check or other electronic payment methods. You are not entitled to any interest that may accrue on debited funds pending disbursement to your Lender and the timing of any such transfer is at our discretion. The initial debits will be applied to the Enrollment Fee until paid in full. Should that result in a balance deficiency at time a schedule payment is due to a Lender, we will advance funds on your behalf with no interest charged until you have a positive balance. The Service, as described herein, may be amended by us at any time, upon notice, as set forth above. Moreover, we retain full discretion to refuse to accept any user or to complete any Transaction at any time.
Identity Verification Process. To help the government fight the funding of terrorism and money laundering activities, Federal law requires the Bank to obtain, verify and record information that identifies each person to whom we provide certain types of services. What this means for you when you use our Service we will require you to provide your name, address, date of birth, taxpayer ID, phone number, email address, and other information that will allow us to identify you. We may require you to provide documentation, which may include your passport, driver’s license, or other government issued photo identification document. We may also contact you if we have additional questions.
Compliance with Office of Foreign Assets Control (“OFAC”). All U.S. persons, including U.S. banks, bank holding companies, and non-bank subsidiaries, must comply with OFAC’s regulations. This means that we may institute a hold on your account or your funds, if you are a Specially Designated National, or fall into the scope of a country- based sanction program.
Unlawful And Other Impermissible Use. You agree not to use the Service for any unlawful activity, and we reserve the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, we reserve the right to report suspected unlawful activity to any appropriate regulatory or similar authority or person and to provide such authority or person any relevant information, including personal data.
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Transaction History. You can access the details of all your Transactions and other information relating to your use of the Service (“Transaction History”) by logging into the Service Website .
Refused Transactions. We reserve the right in our sole discretion to refuse any Transaction. We generally will attempt to notify of you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for the refusal and whether the problem can be corrected. We will not notify you of a refusal where to do so would be unlawful.
Service Fees and Payment. You shall pay all fees and charges listed on this Agreement applicable to the Service, including, but not limited to:
- [ ] Enrollment, Account Verification fee of $2.45, ACH fee of $1.25/weekly debit, $2.45/biweekly, bimonthly or monthly debit;
- NSF ($29.50), Revoked Debit ($50), Stop Payment ($25) fees, Customer Advises Not Authorized ($50);
- FedEx Request ($10), Rush Check Request ($10), Phone Payment ($10), Paper Statements Mailed ($5);
- Inactivity Fees of $7.50 per month, Escheatment Fee (Unclaimed Account) of $50; and
- Any additional fees that you may contract for or incur in connection with your use of the Service.
We reserve the right to change the amount of any fees from time to time, in our sole discretion. We will post the revised fees on the www.usequityadvantage.com website or notify you by email in advance of the effective date of such changes. If the change in fees is not acceptable, your sole and exclusive remedy shall be to stop using the Service. By continuing to use the Service after the fee increase, you accept all changes in service fees. All Service fees are non-refundable. Prior to charging the inactivity fee we will make all attempts to contact you and you will have an additional 90 days after a “Notice of Inactivity Fee” letter is sent to the most recent address we have on record for you. These additional fees can impact your savings.
Service Providers. We use agents and service providers to help us deliver the Service to you. For example, Client manages the Service on our behalf as our service provider, include customer service and related technical support. Regardless, all services provided by Client or other agents or service providers are performed at our direction and subject to our supervision and control.
Errors and Compromised User Credentials. Once Transactions have been executed, they cannot be reversed, and, except as expressly set out in this Agreement, we will not be liable in any way for any loss you suffer as a result of a Transaction being carried out in accordance with your instructions. If you believe there to be an error in connection with a Transaction or other problem as set out in this section, then you should notify Client Support at CustomerInquiry@usequityadvantage.com or 1-877-532-8939.
(a) If you think there has been an error or problem with your Transactions, you must contact Client Support no later than 180 days of the date we promised to you that the funds would be made available to the Lender. Please be prepared to provide: (i) Your name and address; (ii) The error or problem with the Transaction and why you believe it is an error or problem; (iii) The name of the recipient, and if you know it, his or her telephone number or address; (iv) The dollar amount of the Transaction; and (v) The confirmation code or number of the Transaction.
(b) The law generally requires us to investigate and determine whether an error occurred within forty-five (45) days after you contact us, but typically we will conduct this investigation and make a determination within ten business days. We will inform you of our determination within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
(c) If your Transaction History shows Transactions that you did not initiate, please contact Client Support at once to let us know. Client Support must hear from you no later than sixty days after the date we make available to you the periodic statement in which the error appears. If you do not tell Client Support, you may not get back any of the money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money had you told us in time.
(d) Tell Client Support at ONCE if you believe your user credentials have been compromised. Telephoning is the best way of keeping any losses to a minimum. Compromise of your credentials could allow thieves to access Your Bank Account to make unauthorized payments. If you notify Client Support within two Business Days, you can lose no more than $50 if someone uses your use credentials without your permission. If you do NOT tell us within two (2) Business Days after you learn of the compromise of your credentials, and we can prove we could have stopped someone from using your credentials without your permission if you had told us, you could lose as much as $500.
(e) If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods set out in this section.
“Business Day” for purposes of this Agreement means any day, other than a Saturday, Sunday, federal or New York state holiday, on which the Bank’s offices are open for business.
Limitations of Liability. Neither we nor any of our agents, affiliates, holding companies, subsidiaries, employees, officers, directors, service providers, or subcontractors will be liable: for losses or damages alleged to result from our failure to properly complete a Transaction (other than as just noted in the Errors and Compromised User Credentials Section above); for losses or damages alleged to result from our delay in completing a Transaction; if, through no fault of ours, you do not have enough money in Your Bank Account or have not timely deposited sufficient funds with us to make the Transaction; if your system or device was not working properly during your use of the Service and you knew about the breakdown when you started the Transaction; for errors made by you in the course of your use of the Service; for errors by your bank, such as the provision of incorrect bank account information for Your Bank Account; for losses or damage arising from your misuse or inability to use the Service Website, whether due to reasons within our control or not; for losses or damage to you from our inability to complete a Transaction because we are prohibited by law or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or due to circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) that prevent or affect the Transaction, despite reasonable precautions that we have taken.
Disclaimer of Liability. IN PROVIDING THE SERVICE TO YOU, NEITHER WE NOR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICE EXCEPT AS SET OUT IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILLFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS. WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE SERVICE.
Right of Set-Off. You agree that we are authorized at any time to set-off the funds deposited with us against your debts or liabilities owed to us. We may exercise this right of set-off without notice to you.
Changes to this Agreement. We may amend this Agreement at any time by posting a revised version on the Service Website (a “Change”). In the event that there is a Change which happens during the time which we have agreed to perform a Service for you but the Service has yet to be fully completed, the original terms and conditions (prior to any such Change) shall apply until such Service has been fully completed or has been cancelled or terminated in accordance with this Agreement, except where a Change is required by applicable law to take effect sooner. For the avoidance of doubt, any Change relating to the addition of a new service, extra functionality or any such change which we believe in our reasonable opinion neither reduces your rights nor increases your responsibilities shall be deemed to be effective immediately. You are recommended to retain a copy of this Agreement at the time a Service is requested for your records. You also may request a copy from us of the version of the Agreement in effect at the time of a particular Transaction that you have requested by emailing CustomerInquiry@usequityadvantage.com.
Consent for Electronic Disclosures. The Service is an electronic commerce relationship. In order for the Service to be provided to you, we must have your consent to provide access to required disclosures in electronic format. If you do not consent to electronic disclosure of these documents, then you may not use the Service. Your consent applies to all of the documents we provide to you electronically in connection with the Service, including receipts and notices. Access to electronic disclosures will be provided by way of the Internet. Your history of use of the Service is available for viewing online from your account on the Service Website. In order to view these disclosures, you will need a hardware device that can access the Internet via modem or other form of connection. Your hardware device must run on an appropriate operating system. You must be able to access the Internet to access our website. Additionally, Internet browser software is required to access the disclosures from a personal computer. If you require a printed copy of your full printed copy of your Transaction History, you can request this by emailing CustomerInquiry@usequityadvantage.com. We recommend you download or print a copy of this Agreement for your records. You may download a copy of this Agreement in PDF format. This document requires Adobe Acrobat Reader for viewing. If you consent to electronic access to documents, we are not required to provide you with paper copies. You may obtain these documents in paper form without charge by printing them yourself. If you decide to withdraw your consent for electronic disclosures, you must notify Client at CustomerInquiry@usequityadvantage.com or via telephone at 1-877-532-8939.
Automated Dialers. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number(s) you have provided us.We may place such calls or texts to (i) provide notices regarding your Account or Account activity (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We and our service providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use the Service. Where we are required to obtain your consent for such communications, you may choose to revoke your consent by contacting customer support via email at CustomerInquiry@usequityadvantage.com or via telephone at 1-877-532- 8939 and informing us of your preferences.
Electronic Signatures. You understand that we may employ a digital signature technology. An “electronic signature” includes any mark, symbol, sound or process that is written, stamped, engraved, attached to or logically associated with an electronic document and executed by a person with the intent to sign. This technology combines your authenticated user session with your device’s IP address or cellular phone number and current date/time stamp to ensure you are the owner of the signature. By using this electronic method of enrollment, you hereby consent and agree to the use of this digital signature method and agree that it carries the same validity and legal authority as your written signature. If you do not wish to “sign” this way, you may print out the document(s), sign by hand, and forward to us electronically or by mail.
Limiting Access to the Service and Termination. We may your access to the Service, terminate your registration or suspend or refuse a Transaction at any time, without notice, if we reasonably suspect any security risk associated with your registration or Transaction, or if we terminate your registration for the reasons set out in this Agreement. We will do our best to notify you prior to taking any such action. However, if prior notification is not practicable, we will promptly notify you by email after the suspension. We have no obligation to notify you should such a notification be impossible or unlawful. We may immediately terminate your registration and this Agreement at any time without prior notice if in our reasonable opinion: (i) we determine in our sole discretion that you are not eligible to use the Service or that you are using them for an impermissible purpose; (ii) you have materially breached the law, the terms of the Agreement, which includes non-payment of fees; (iii) you engage in behavior that we in our sole discretion view as suspicious or otherwise of concern; (iv) it is impossible to get in touch with you by the telephone number and email address you have provided; or (v) you or your bank initiate a chargeback or rejection of an attempted Transaction.
You may terminate your registration at any time by contacting Client Support at CustomerInquiry@usequityadvantage.com or 1-877-532-8939. Termination, whether by you or by us, shall not affect prior Transactions or (except where required by law) obligations under this Agreement existing at the time of termination. Upon termination, Client will retain records of your Transaction History in accordance with regulatory requirements and our and Client’s retention policies.
Applicable Law and Arbitration. This Agreement is entered into in New York. This Agreement and any claim or controversy arising out of or relating thereto, including any claim against Client in connection with the Service (collectively, a “Claim”) is governed by the laws of the United States and the state of New York, without regard to conflicts or choice of laws principles, whether or not you live in New York.
YOU HEREBY CONSENT TO ARBITRATION OF ALL CLAIMS BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR WILL BE SELECTED AND THE ARBITRATION CONDUCTED PURSUANT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NO “CLASS” OR SIMILAR GROUP ARBITRATION SHALL BE PERMITTED. ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN NEW YORK, NEW YORK, ALTHOUGH YOU MAY ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY HEARING. The AAA Consumer Arbitration Rules are available for review at: https://www.adr.org/aaa/faces/rules (click Rules, then click Consumer Arbitration Rules).
Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction. You understand that, in return for your agreement to this Section, we are able to offer you the Service at the terms designated, and that your assent to this Section is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any Claim: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE. This Section is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.
Assignment. You may not transfer or assign this Agreement to any other person without our prior written consent. We may assign our obligations to you under this Agreement without your consent or any prior notice.
English Language. This Agreement may be provided to you in English or any other language that we support. For the avoidance of doubt, any non-English version of the Agreement is provided for translation purposes only. In the event that any conflict arises between the English and non-English versions of the Agreement, the English version shall prevail.
Entire Agreement. This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
Notices to Us. If you have any problems using the Service, you should contact Client Support at 1-877-532-8939 or CustomerInquiry@usequityadvantage.com. Any notice of legal claim or other process pursuant to this Agreement shall be delivered via email to CustomerInquiry@usequityadvantage.com or via post to:
Community Federal Savings Bank 89-16 Jamaica Avenue Woodhaven, New York 11421 Attn: CFSB Compliance (with a copy to firstname.lastname@example.org)
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