Common use of Sending Funds Clause in Contracts

Sending Funds. You may instruct us to send funds from your Bank account to a recipient that you designate. There are several ways to send funds using this Service. If you know the recipient’s account information (e.g., account number and bank routing number) you can instruct us to send funds directly to that account (a “One-Step Transfer”). If you do not know the recipient’s account information, you can instruct us to send an email or SMS text message to the recipient, advising the recipient of the pending transaction and asking the recipient to provide the account information and other information we need to complete the transfer (a “Two-Step Transfer”). Erroneous Transfer Instructions. You assume sole responsibility for you and/or the recipient accurately describing transfer amounts, accounts, financial institutions, and addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate transfer instructions. If you give us a transfer instruction (or the recipient gives us information related to your instruction) that is incorrect in any way, you agree that we may charge your account for the transfer whether or not the error could have been detected by us. We are not obligated to detect errors in transfer instructions. Rejecting Transactions. We may reject transfer instructions with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a transfer instruction, for example, if you do not have sufficient available funds to cover the transfer or the transfer instruction is unclear, ambiguous or incomplete. If we reject an instruction to transfer funds from your Bank account, you will need to re-enter the information if you wish to make the transfer at a later date. Cancelling and Changing Transfer Instructions. Your ability to cancel or change a transfer depends on the method you use to send funds through the Service. If you request a Two-Step Transfer, you may cancel or change the transfer by deleting your instruction from the transfer screen any time before it is claimed by the recipient. After that, you do not have a right to cancel or change a Two-Step Transfer. If you request a One-Step Transfer, you do not have a right to cancel or change the transfer after it is submitted to us. Although we may attempt to act on any cancellation or change request you make (e.g., if it is received in a time and manner which permits us to do so), we assume no responsibility for failing or refusing to do so, even if we could have affected the cancellation or changed the transaction. Our acceptance of any cancellation or change request will not obligate us to accept any future request for cancellation or to otherwise change the transfer. You agree to indemnify, defend and hold us and our agents harmless from any loss, damage, claim, action, and liability that results, and any charges and costs we or our agents incur, in connection with any request by you to cancel or change a transfer instruction. Receiving Funds. You understand that you may receive funds through the Service via a payment generated by another individual. You understand that the receipt of money is subject to the terms and agreements of the accounts you have with Emprise Bank. NO WARRANTIES. THE SERVICE IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS SERVICE. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THE SERVICE. THIS PROVISION SHALL NOT BE DEEMED TO LIMIT OUR OBLIGATIONS AS OTHERWISE SET FORTH IN THIS ADDENDUM OR AS REQUIRED BY LAW. HOURS OF OPERATION; SERVICE UNAVAILABILITY. You can use the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is temporarily unavailable due to system outages, maintenance or technical difficulties, including those of the Internet service provider or software provider. We may suspend this Service immediately if we believe the security of the Service has been compromised or we question the legality of any transaction. We assume no responsibility for any damage or delay that may result from such unavailability.

Appears in 2 contracts

Sources: Online & Telephone Banking Agreement, Emprise People Pay Service Agreement