Deposit Account Agreement
Effective as of 9/16/2021
IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION ("ARBITRATION" SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
Customer Service Contact Information
Mailing Address: Ando Inc. 8996 Miramar Road, Suite 310 San Diego, California 92126
Support Email: email@example.com
Customer Service Phone Number: 1-844-960-3939
This agreement contains the Deposit Account Agreement (the "Agreement") related an account ("Account", “Spending Account”, or “Ando Account”) and Ando Debit Card (“Card”), will be offered to you by Community Federal Savings Bank, ("Bank"), member of the Federal Deposit Insurance Corporation ("FDIC") on behalf of Ando Inc., d/b/a Ando ("Ando"), the program partner responsible for managing the Account and providing customer service to you. "You," "your," and "Account Owner" refer to the owner of the Account.
You may submit a request to open an Account on Ando's website (the "Website") by visiting the Website at andomoney.com or by using the Ando mobile banking application (the "Mobile App"). Bank may refuse to process any transaction(s) that it believes may violate the terms of this Agreement or applicable law.
By opening or continuing to hold an Account with Bank, you agree to the most recent version of this Agreement, which is available to you at the Website, or by calling Customer Service at 1- 844-960-3939.
Bank's business days are Monday through Friday, excluding federal holidays.
1. DESCRIPTION OF YOUR ACCOUNT
1.1 Account Eligibility
The Account is available to consumers who are citizens and permanent residents of the fifty United States ("U.S.") and the District of Columbia who are at least 18 years of age with a valid Social Security number or Tax Identification Number. You must agree to accept electronic, rather than paper statements. Your acceptance of electronic statements means; (i) you must keep Ando supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements). Ando may use information from third parties to help Bank determine if Ando should open your Account.
1.2 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, BANK WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW BANK TO IDENTIFY YOU. BANK MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS.
1.3 The Account
Your Account is non-interest bearing account, therefore no interest will be paid to you for the funds that you deposit, otherwise receive, or maintain in your Account through use of the Service. The funds associated with your Account are held in a pooled deposit account, which may be combined with the funds of other users of the Service, at the Bank. You will be able to use the Ando Mobile App to view the available balance in your Account (the “Funds Balance”), which is the total amount in your Account (the “Total Balance”). Funds associated with your Account that are in transit and have not settled with the Bank may not be available for withdrawal until the funds settle with the Bank. We reserve the right to impose limits on the maximum amount that you can maintain in, or transact with, your Account and reserve the right to change such limits at any time. The Account consists of a non-interest-bearing online transaction demand deposit account to hold deposits and used to make payments and transfers to third parties online. The Account also includes the use of a debit card to make payments and transfers to third parties ("Debit Card"). Use of the Debit Card is subject to additional terms and conditions contained in a Cardholder Agreement.
1.4 Titling and Ownership
The Spending Account may only be owned and titled in the name of one person who may deposit, transfer, or withdraw funds. The Spending Account cannot be owned or titled jointly, by an organization, as Payable on Death or In Trust For.
1.5 Death or Incapacitation
You or your appointed party, designee, or appointed individual agree to notify Ando promptly if you become legally incapacitated, are deemed incompetent, or die. Ando will continue to accept deposits and process transaction instructions into and from your Account until Ando: (i) is notified of your death or adjudication of incompetency and (ii) has a reasonable opportunity to act. You agree that, even if Ando has knowledge of your death it may pay or process transactions on your Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. Ando may require additional documentation to confirm any claims made on the Account.
1.6 Bank's Relationship with You
This Agreement and the deposit relationship do not create a fiduciary relationship with Bank.
At Bank's request, you agree to defend, indemnify, and hold harmless Bank, Ando and each of their respective parents, subsidiaries, and other affiliated companies, Bank and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. Bank and Ando reserves the respective right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
2. GENERAL RULES GOVERNING THE ACCOUNT
The Account and your obligations under this Agreement may not be assigned. Bank or Ando may transfer its rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Neither Bank nor Ando waives its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of New York to the extent governed or preempted by federal law.
2.1 Funding Your Account and Limitations on Frequency and Dollar Amounts of Transactions
Funding Your Account and Limitations on Frequency and Dollar Amounts of TransactionsFrom time to time, Ando or Bank may increase or decrease the limits or add additional limits to your use of the Account, including the Debit Card, in their sole discretion without notice to you except as required by law, for security, risk or other reasons. Your Account limits can be found in the table below. Requests for increases to your Account limits are not available at this time.
* Your account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient's name on any direct deposit(s) Bank receives must match the name of the accountholder. Any direct deposits received in a name other than the name registered to the Account may be returned to the originator.
** THIRD PARTY MONEY TRANSFER services used to load funds to your Account may impose their own terms and conditions including fees, per transaction, daily, weekly or monthly limits on the frequency or amount of cash you may load to the Account.
*** Acceptance of ACH Credits may vary by financial institution. Please contact the bank you wish to send funds to prior to initiating an ACH Credit to determine if restrictions apply.
IMPORTANT: IF YOUR ACCOUNT NUMBER CHANGES, YOU MUST IMMEDIATELY NOTIFY THE DEPOSITOR OF FUNDS. YOU MUST PROVIDE THEM WITH THE NEW ACCOUNT NUMBER TO ENSURE THAT THE FUNDS ARE PROPERLY CREDITED TO YOUR ACCOUNT AND THAT DIRECT DEPOSIT ACTIVITY CONTINUES UNINTERRUPTED.
2.2 Problems That Could Occur with Deposits
Overpayments and Reversals. If funds are deposited or transferred into your Account by mistake or otherwise, Bank may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See Section 2.4 "No Overdrafts" and 2.5 "Right to Set Off" below for more information about what could occur if your Account has a negative balance.
2.3 No Deposits in Cash, Paper Checks or Foreign Currency
Bank is not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by Bank.
Cash – Except for cash loads accepted through third party money transfer services, Bank does not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address Bank has for you on file.
Paper Checks - Personal checks, cashier's checks, and money orders may not be deposited by mail. All checks and money orders sent to Bank for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at Bank' discretion.
Foreign Currency - Bank does not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check, will be sent back to the address Bank has for you on file
2.4 No Overdrafts
You are not permitted to overdraw your Account. If the available balance in your Account is insufficient to cover any payment or withdrawal you have authorized, the payment can be refused. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance for an extended period of time and you have another account with Ando, Ando reserves the right to exercise the right to set off. See Section 2.5 "Right to Set Off" below for details. If your Account has a negative balance for thirty (30) calendar days or more it will be closed. In the event you fail to pay the amount of any overdraft and your overdrawn Account is referred to an attorney for collection, you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney's fees and court costs incurred as a result of your account being overdrawn.
2.5 Right to Set Off
If your Account balance becomes and remains negative, Bank or Ando can use the funds in any of your accounts to repay the amount owed on the negative balance Account without further notice to or demand on you. This means Bank has the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with Bank. Further, you grant Bank a lien on and security interest in the funds on deposit in each of your account(s) as security for the entirety of your liabilities and obligations to Bank, now or in the future.
2.6 Legal Processes Affecting Accounts
If legal action such as a garnishment, levy or other state of federal legal process ("Legal Process") is brought against your Account, Bank may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, Bank has first claim to any and all funds in your Account for your liability under this Agreement. Bank will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as Bank determines to be appropriate in the circumstances without liability to you, even if any funds Bank may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to Bank. You agree that you are responsible for any expenses, including legal expenses and fees Bank incurs due to any Legal Process on your Account. Bank may charge these expenses to your Account. You will indemnify Bank for any losses if it does this.
2.7 Account Inactivity and Escheatment
If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for a certain period of time), applicable law may require Bank to report the funds in your Account as unclaimed property. If this occurs, Bank may try to locate you at the address shown in Bank's records. If Bank is unable to locate you, Bank may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Account to a state varies by state, but usually ranges between two and five years.
Ando's business model is designed to deliver notices to you electronically in accordance with the Electronic Communication Policy. Statements will be sent to the email address you provided upon opening your Account, or will otherwise be made available to you on Ando's Website or Mobile App on a periodic basis at approximately monthly intervals if you have transacted on your account or quarterly if no transactions have occurred unless Ando specifies to you another interval period when you open your account or thereafter. The Account statement will describe each item by item number (where appropriate), amount, and date of debit or credit. If applicable to your Account, images of checks on your Account may be presented in the statements. If Ando complies with the foregoing provisions of this Section, you agree that the statement and items all have been made available to you in a reasonable manner. Ando will not be responsible for any indirect, special or consequential damages under any circumstances for Ando's inability to provide copies of checks. Ando's liability, if any, will not exceed the face amount of the check in question. Electronic statements are available to view and print on the Website or Mobile App (if available). Account statements are considered to be correct. Carefully review your statement each statement cycle and notify Ando of any errors within sixty (60) days of your statement becoming available.
2.9 Special Rules for New Accounts
Accounts open less than thirty (30) days may be limited in functionality. Direct deposits and other funds credited to your Account may be given provisionally for a reasonable amount of time. You may also not be eligible to use certain features such as bill pay checks until the Ando Debit Card has been activated and the Account has been open for at least thirty (30) days. In addition, certain transfer limits may be lower during this time as indicated in the following Sections, 2.1 "Funding Your Account and Limitations on Frequency and Dollar Amounts of Transactions," and 3 "ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS".
2.10 Bill Pay Via Checks
If enabled by Ando for your Account, you will have access to the bill payments check feature (the "Checks") through the Mobile App or Website which allows you to authorize Bank to make bill payments on your behalf to third parties. You may not have access to the Checks until your Account has been open for a minimum of thirty (30) days. To initiate a bill payment using the Checks, you must provide the name and mailing address of each individual or company you wish to pay. Once a payment is authorized, the payment amount will be immediately deducted from your Account balance. Payments made using the Checks take the form of a paper check sent to the payee using standard U.S. Postal Service mail. Please allow three to nine (3-9) business days for delivery of the check. Payments can only be sent to addresses located within the fifty (50) states of the U.S. Check payments are processed daily by 12:00pm EST. Check payments initiated after this time will be processed the next business day. reserves the right to refuse to process payments to any individual or company. If the decision is made to refuse a payment, Bank or Ando as Bank's agent will notify you on or before the next business day. Checks may be refused or returned by the individual or company to whom the payment was issued. The determination to accept this method of payment is at the discretion of the recipient. The U.S. Postal Service may also return payments in cases of expired or invalid addresses. If the Check payment is returned for any reason, the payment will be voided, and the full amount credited to your Account the next business day.
Uncashed Checks: Uncashed Checks are voided after 180 days. Funds from voided checks will be credited to your Account after such time period.
Cancelling a Check Payment: You may cancel a single Check payment as long as it has not been presented for payment by contacting Customer Service. Funds from any cancelled check will be
Liability for Failure to Stop Payment of a Check Payment: If you request cancellation of a Check payment within three (3) three business days or more before it is scheduled to be made, and Bank does not cancel it in time, Bank will be liable for your losses or damages.
2.11 Refer a Friend (Invite Friends)
You will receive a one-time referral bonus of $5.00 if you: (i) open an Account using a valid referral link from an existing Ando customer who has an activated Ando Visa® Debit Card; and (ii) you activate your Ando Visa® Debit Card. The referral bonus will be paid no later than five (5) business days after the Account has been opened and your Ando Visa® Debit Card has been activated.
You will receive an additional one-time bonus of $10.00 if within 45 days of opening an Account you: (i) receive a Qualifying Direct Deposit of $100 or more in your Account, and (ii) you complete at least five (5) debit card purchases using your Ando Visa® Debit Card (includes virtual card purchases). The additional bonus will be paid no later than five (5) business days after the qualifying funds are deposited to your Account and the qualifying five (5) debit card purchases are made.
Qualifying Direct Deposits and Limitations
A “Qualifying Direct Deposit” is a direct deposit made by Automated Clearing House (ACH) transfer consisting of payroll, pension, or benefit payments from an employer or a government agency. A Qualifying Direct Deposit also includes transfers initiated from an account held in your name at another bank, brokerage firm, or other financial institution. Qualifying Direct Deposits do not include, without limitation, the following: Peer to Peer (P2P) transfers within Ando (“Pay Friends”); verification or trial deposits from other financial institutions; transfers from your Savings Account to your Spending Account; mobile check deposits; or cash loads.
Ando reserves the right to cancel or modify the terms of any referral reward offer or terminate a member’s eligibility at any time with or without prior notice. Credits of $15 or more will be reported on tax form 1099-INT.
2.11 Illegal Transactions
You may not use your Account for online gambling or any illegal transactions. Bank may refuse to process any transaction that it believes may violate the terms of this Agreement or applicable law. You acknowledge and agree that Bank has no obligation to monitor, to review or to evaluate the legality of your transactions. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal
3. ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS
Your Account number and bank routing number can be used for preauthorized direct debits ("ACH Debit(s)") from merchants, internet service or other utility service providers ("Merchants") and for the purpose of initiating direct deposits ("ACH Credit(s)") to your Account. Note: The recipient's name on any direct deposit(s) or ACH Credit(s) must match the name on the Account. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator.
3.1 ACH Debit Transactions
Cut-off Time - The cut-off time for scheduling next day ACH transfers is 3:00pm EST. The cut-off time for scheduling same day ACH transfers (if enabled on your Account) is 1:30pm EST. Any next day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day. Any same day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled as next day ACH transfer. In some circumstances, transactions may be delayed for risk or compliance reasons. At the Bank's discretion, the amount of funds that can be transferred from your account per day may be limited.
3.2 Electronic Funds Transfer Services
The following terms are used to describe Electronic Funds Transfer ("EFT") services. "Automated credits" or "direct deposits" are deposits made to your Account by electronic means. "Automated payments" indicate payments authorized by you to be made from your Account by electronic means. When you authorize transfers to or from your Account, you agree to these terms and conditions. Types of Electronic Funds Transfers Available:
You may arrange with another party, such as your employer, other financial institutions, or direct Bank via Ando to electronically deposit funds on a one-time or recurring basis directly to your Account.
You may arrange with another party, or Ando to electronically withdraw funds on a one- time or recurring basis directly from your Account.
Limitations on Transfers, Amounts and Frequency of Transactions:
At Bank's discretion, the number and amount of transfers per day or month may be limited.
Direct deposits are accepted into open accounts only.
See Section 2.1 above "Funding Your Account and Limitations on Frequency and Dollar Amounts of Transactions" for frequency and dollar amount limitations on transfers to and from your Account.
Right to Receive Documentation of Electronic Funds Transfers:
Statements. You will have access to an electronic monthly statement that can be viewed on the Website or Mobile Apps (if available). You can request a paper statement by calling Customer Service at 1-844-960-3939 and one will be sent to you for a fee. See the Electronic Communication Policy and the Fee Schedule below for more information.
Direct Deposits or Automated Credits. If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, contact Ando at Customer Service to find out if the deposit has been made.
Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So
If you scheduled a one-time ACH transfer or recurring ACH transfers using a written authorization form, you may be able to cancel the transaction or stop any of these payments. Here's how:
To stop a recurring ACH transfer you preauthorized through Ando, if you are unable to cancel the transaction on the Website or Mobile App, please call Ando at Customer Service to request cancellation of the recurring payment.
To stop payment, first try to cancel the transaction on the website or Mobile App; and, if you are unsuccessful, call or otherwise contact Customer Service at 1-844-960-3939. Your request to stop payment must be received at least three (3) business days before the payment is scheduled to be made. Such a stop payment request will cancel a single, i.e. one (1) recurring payment. If you want to permanently stop all recurring payments to a specific receiver of a transfer, you will be required to put your request in writing to Customer Service within fourteen (14) days after your oral notification to stop such payments. You will need to provide: the name of the payee, the dollar amount of the payment and the date of the payment. If written stop payment notification is not received within fourteen (14) days, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.
Notice of Varying Amounts If the recurring ACH transfers you make might vary in amount, Ando will tell you the transfer date and the amount of the transfer ten (10) days before each payment is scheduled to take place. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set).
3.3 Customer to Customer Transfers/Payments (Pay Friends Service)
Subject to the terms of this Agreement, your Spending Account includes access to the Pay Friends Service ("Pay Friends") via the Mobile App or Website. This service allows you to send money to other Ando customers as well as receive money from other Ando members ("Friend Transfers"). You may send money to another Ando member by inputting the intended recipient’s email address, mobile phone number, or unique Ando Username (the "Username") and the Friend Transfer dollar amount you would like to send. Friend Transfers will be applied to the Spending Account associated with the recipient's email address, mobile phone number, or Username entered by the sender. Approved Friend Transfers are automatically debited from the sender’s Spending Account and deposited to the recipient’s Spending Account within seconds.
Your continued access to Pay Friends is determined by Ando in its sole discretion based on the history of any Ando-branded accounts you have, your use of Pay Friends in the past, direct deposit history and direct deposit amounts and other risk-based factors. Ando may suspend or terminate your use of Pay Friends at any time and without prior notice to you. If you violate the terms of Pay Friends, such actions may be used as a basis to terminate your Spending Account.
Please note: The intended recipient must have an open Ando Spending Account in order to receive a Friend Transfer(s). If you wish to send money to a non-Ando member, your intended payee must sign-up and be approved for an Ando Spending Account prior to receiving your payment.
You may initiate sending money to a non-Ando member by inputting the intended recipient's email address or mobile phone number and the Friend Transfer dollar amount you would like to send. Once a payment is initiated to a non-Ando member, the Friend Transfer dollar amount will immediately be deducted from your Spending Account balance. The non-Ando member will receive a notification via text or email, depending on the information you provided. In order to complete the payment, the non-Ando member will need to sign-up and be approved for an Ando Spending Account within fourteen (14) days to complete the transfer and access the transferred funds.
If the non-Ando member does not sign-up and get approved for a Ando Spending Account within fourteen (14) days of you initiating the payment, then the payment will be cancelled, and the Friend Transfer dollar amount will be returned to your Ando Spending Account. You can cancel a Friend Transfer to a non-Ando member in the Mobile App within fourteen (14) days of initiating the transfer, as long as the non-Ando member has not signed-up and been approved for a Ando Spending Account.
By using the Pay Friends feature, you agree that you will not post, transmit, distribute, or disseminate through any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability or violates these terms and the Agreement; or (c); in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of Pay Friends, or which may expose Ando, the Bank, its affiliates or its customers to harm, reputational risk, or liability of any nature.
Using the Pay Friends Transfer Service
To send a Friend Transfer(s), login to the Mobile App or Website and select "Pay Friends" and enter the intended recipient’s email address, mobile phone number, or the recipient's Username.
You must make sure the recipient’s email address, mobile phone number or Username is entered accurately to ensure the Friend Transfer is sent to the correct recipient. The obligation to pay the Friend Transfer will not be excused by an error in the information entered.
Username: By using Pay Friends, you are representing that you are the owner of the mobile phone number or email address listed on your Spending Account. You consent to have the first and last name registered on your Spending Account associated with the Username. By doing so, your first and last name will be visible to other Ando members who search for you by Username. This will assist the sending Ando member in verifying that you are the correct intended recipient of the Friend Transfer.
Please note: The email address, mobile phone number or Username entered during the Friend Transfer will display in your transaction history and on your statement for your reference. Additionally, if a Username was used to facilitate the Friend Transfer, the first name and last initial of the receiving Ando member will display in your transaction history after the Friend Transfer has been processed. An optional reference field is also available to add a personalized message to the recipient. These messages will be visible in your online transaction history but will not be included on your monthly statement.
Fees: There are no fees associated with the use of the Pay Friends Transfer Service.
Mobile Carrier Information: By registering a mobile phone number on your Spending Account, you are certifying that you are the owner of the mobile phone account or have the account owner's permission to register the mobile phone number.
Message and data rates may apply to the use of the mobile device when using the Friend Transfer service via the Mobile App.
Friend Transfer Limits
Friend Transfers may be initiated at any time as long as the transfer request does not exceed the available balance in your Spending Account, or the frequency and limits set forth in this Agreement. Ando may refuse to process any transaction that exceeds any of the limits described below. If your Friend Transfer is denied because your Spending Account balance is not sufficient, you are responsible for making alternate payment arrangements with the intended recipient.
Canceling Friend Transfers: Prior to sending a Friend Transfer, the sender will be prompted to confirm the transaction. Once the Friends Transfer is sent, it cannot be canceled. It is the sender's responsibility to ensure the information is accurate prior to confirming the Friend Transfer request.
3.4 Liability for Failure to Stop Payment of Preauthorized Transfer
If you order Ando to stop a preauthorized payment three (3) business days or more before the transfer is scheduled, Ando does not do so, Ando will be liable for your losses or damages.
3.5 Your Liability for Unauthorized Transfers
Contact Customer Service IMMEDIATELY if you believe your Account number has been stolen. Telephoning is the best way to minimize your possible losses.
If you believe your Account number has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact Customer Service. If you notify Customer Service within two (2) business days after you learn of any unauthorized transactions, you can lose no more than $50.00 if someone used your Account without your permission. If you do not notify Customer Service within two (2) business days after you learn of the loss or theft of your Account number and Ando can prove that it could have stopped someone from using your Account without your permission if you had notified Customer Service in time, you could lose as much as $500.00.
Also, if you become aware of and/or your statement shows transactions that you did not make, notify Customer Service at once following the procedures stated in the Section 3.7 below labeled "Information About Your Right to Dispute Errors". If you do not notify Customer Service within sixty (60) days after you become aware of the transaction(s) and/or the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if Ando and/ can prove that it could have stopped someone from taking value if you had notified Customer Service in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Customer Service, Ando will extend the time periods. If your Account number has been lost or stolen, Ando will close Account to keep losses down and issue you a new Account number.
If your Account changes you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.
3.6 Bank's Liability for Failure to Complete Transactions
If a transaction is not properly completed from your Account on time or in the correct amount, Ando will be liable for your losses or damages. However, there are some exceptions. Ando will not be liable, for instance:
If through no fault of Ando, you do not have enough funds available in your Account to complete the Online Transfer;
If access to your Account or linked account has been blocked after you reported your Account number or linked account number lost or stolen;
If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
If Ando has reason to believe the requested transaction is unauthorized;
If circumstances beyond Ando's control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that Ando has taken; or
Any other exception stated in Ando's Agreement with you.
3.7 Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, requests for information about a transaction listed in the statement or receipt, or if you think your statement or receipt is wrong, contact Customer Service at 1-844-960-3939. Ando must allow you to report an error until sixty days after the earlier of the date you electronically accessed your Account, if the error could be viewed in your electronic history, or the date Ando sent the FIRST written history on which the error appeared. You will need to provide:
Your name and Account number, email address associated with your Account and Account number (if any);
Why you believe there is an error, and the dollar amount involved; and
Approximately when the error took place.
If you provide this information orally, Ando may require that you send your complaint or question in writing within ten (10) business days.
Ando will determine whether an error occurred within ten (10) business days after hearing from you and will correct any error promptly. If Ando needs more time, however, it may take up to forty- five (45) days to investigate your complaint or question. If Ando decides to do this, your Account will be credited within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If Ando asks you to put your complaint or question in writing and you do not provide it within ten (10) business days, your Account may not be credited.
For errors involving new Accounts, point-of-sale transactions or foreign-initiated transactions, Ando may take up to ninety (90) days to investigate your complaint or question. For new Accounts, Ando may take up to twenty (20) business days to credit your Account for the amount you think is in error.
Ando will tell you the results within three (3) business days after completing the investigation. If Ando decides that there was no error, Ando will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting Customer Service. If you need more information about your Account's error-resolution procedures, call Customer Service, or visit the Website.
3.8 Services not Covered by this Part
Electronic Fund Transfer Services described in this Section do not include wire transfers and any transactions that are not covered by Consumer Financial Protection Bureau Regulation E.
4. GENERAL FUNDS AVAILABILITY POLICY
Information contained in this section is provided to assist you in understanding our Funds Availability Policy. All deposits into an account opened through the Bank are processed at a Bank processing facility. We make funds available according to the type of deposit and when the funds are applied or credited to the 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 the Account, You may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers, payments or transactions using a Card during the hold period. We have the right to refuse any deposit.
If final payment is not received on any item deposited into the Account, or if any direct deposit, or ACH transfer credit is returned to us for any reason, You agree to pay us the amount of the returned item.
The length of delay in the availability of funds varies depending on the type of deposit. BUSINESS DAYS
The length of the 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 by 11:59 PM ET will be considered current-day deposits. Any deposits received after that time will be processed the following business day. SAME-DAY AVAILABILITY
Funds received from preauthorized electronic payments as well as ACH Credits received from an external bank account will be applied to your Account once we have received payment on collected funds.
4.1 Electronic ACH Same Day Availability
Funds received from 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.
ACH Credits received from an external bank account will be applied to the Account when Bank has verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.
4.2 Electronic ACH Longer Availability
Electronic transfers depositing into the Account initiated through the Mobile App or Website may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Bank and/or Ando.
5. TRUTH IN SAVINGS DISCLOSURE
This is not an interest-bearing account. No interest will be paid on this account. There is no initial deposit required to open an Account. You may deposit any amount you wish when opening the Account.
6. DEMAND DEPOSIT MARKETPLACE
Bank partners with a demand deposit marketplace service provider to give you the option to place an amount of your cash balances to insured accounts at FDIC member banks. Please see the Demand Deposit Marketplace Program Terms and Conditions for more information.
7. FEE SCHEDULE
You agree to pay the Account fees set forth in the "Fee Schedule" below. All the fees will be withdrawn from your Ando Account and will be assessed as long as there is a remaining balance on your Ando Account. If at any time your remaining Ando Account balance is less than the fees being assessed, the balance of your Ando Account will be applied to the fees resulting in a zero balance on your Ando Account. The remainder of the fees due will be collected upon the next deposit into your Ando Account.
In addition to the fees associated with the Account, pursuant to the terms of the User Agreement, you can make transactions, which may be subject to fees set by and payable to Ando. These may include fees associated with loading funds, transferring funds or withdrawing funds into or out of your Ando Account.
8. OTHER AGREEMENT TERMS
8.1 No Warranty of Availability or Uninterrupted Use
From time to time, services related to Ando and the Account may be inoperative. When this happens, you may be unable to access the Website or Mobile App, and you may be unable to use the Account or obtain information about the Account. Please notify Ando if you have any problems using the Account, Website, or Mobile App. You agree that, except as required by applicable law, Ando and Bank will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall Ando or Bank be liable for extended interruptions due to failures beyond Ando or Bank's control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
8.2 Limitation of Liability
Except as required by applicable law, Bank shall have no liability to you if Bank is unable to complete a transaction for any reason beyond Bank's control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, Bank, Bank's affiliates, and the parties with whom Bank contracts in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the your Account, any products or services purchased using Account, or this Agreement (as well as any related or prior agreement you may have had with Bank). Please refer to Ando's terms and conditions agreement for further information.
8.3 English Language Controls
Any translation of this Agreement is provided for your convenience. The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
8.4 Account Services
For Account service assistance or additional information regarding your Account, please contact Customer Service at 1-844-960-3939.
8.5 Telephone Monitoring/Recording
From time to time Ando may monitor and/or record telephone calls between you and Ando to assure the quality of Ando service team or as required by applicable.
8.6 Amendment and Cancellation
Except as otherwise required by applicable law, Ando may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement at the Website, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available on the Website. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, Bank may implement it without prior notice. Ando may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by contacting Customer Service to close your Account. Your cancellation of this Agreement will not affect any of Ando's rights or your obligations arising under this Agreement prior to cancellation. If your Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you via ACH transfers to one of your external accounts on records or via check (unless notified otherwise in writing by Ando) to the mailing address Bank has in its records. If your Account is closed prior to the end of the statement cycle, any accrued interest earned for that cycle will be forfeited. For security purposes, you may be required to supply identification, external account, and address verification documentation prior to issuing an ACH refund or refund check. Allow fourteen (14) days for processing of such balance return. Ando or Bank may refuse to honor any checks issued on your Account which are presented to it for payment after your Account is closed. In the event Ando's program is cancelled, closed, or terminated, Ando or Bank will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. Bank or Ando reserves the right to refuse to return any unused balance amount less than $1.00. IMPORTANT: IF YOU TERMINATE YOUR RELATIONSHIP WITH ANDO OR WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS ABOUT YOUR ACCOUNT, THE ACCOUNT WILL AUTOMATICALLY BE CLOSED. UPON CLOSURE, ANY REMAINING FUNDS IN THE ACCOUNT WILL BE RETURNED PER THIS SECTION.
Bank may disclose information to Ando and other third parties about your Account or the transactions you make:
Where it is necessary for completing transactions.
In order to verify the existence and condition of your Account for a third party.
In order to comply with government agency, court order, or other legal or administrative reporting requirements.
If you consent by giving Bank your written permission.
To Bank's employees, auditors, affiliates, service providers, or attorneys as needed.
8.8 No Warranty Regarding Goods or Services as Applicable
Neither Bank nor Ando is not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account.
All provisions of this Agreement shall survive the termination of this Agreement or closure of your Account by either party for actions arising in connection with this Agreement or your Account(s).
THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Bank (or Ando), regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Bank (or Ando), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Bank and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against Bank for you.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision.