Savings Account Agreement
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 –
8996 Miramar Road, Suite 310 San Diego, California 92126
Support Email: firstname.lastname@example.org Website: andomoney.com
Customer Service Phone Number: 1-844-960-3939
This agreement contains the Consumer Savings Account Agreement (the "Agreement") related to the interest bearing savings account ("Account," "Savings Account," "Ando Account"), will be offered to you by Community Federal Savings Bank, a federal savings bank (the "Bank"), member of the Federal Deposit Insurance Corporation ("FDIC") on behalf of Ando Inc. ("Ando"), the program partner responsible for managing the Account and providing customer services 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") or by using the Ando mobile banking application (the "Mobile App"). Bank may refuse to process any transaction(s) 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 -844- 960-3939.
Bank's business days are Monday through Friday, excluding federal holidays.
DESCRIPTION OF YOUR ACCOUNT
The Account is available only to existing Ando customers that have established and maintain a Deposit Account at Bank ("Deposit Account"). The Account is available only to citizens and
permanent residents of the fifty (50) 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 (like 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.
Relationship to Deposit Account
You are required to maintain and link a Deposit Account in order to establish, access, and use your Account. If your linked Deposit Account is closed or terminated for any reason, your Account will be closed and any remaining funds will be returned to you. See section 7.6 below, titled "Amendment and Cancellation" for more information.
Funds in your Account cannot be accessed by the same features as your linked Deposit Account; for example, there is no debit card connected to the funds in your Account, no ability to access direct bill payment or person-to-person transfer features, no direct deposit, no mobile deposit, no paper checks, no external transfers, and no book transfers may be initiated directly to other customers from the funds held as part of the Account.
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.
The Account consists of the interest-bearing online savings account used to hold your deposits and make limited amount of transfers. 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.
Titling and Ownership
The Savings Account may only be owned and titled in the name of one person who may deposit, transfer, or withdraw funds. The Savings Account cannot be owned or titled jointly, by an organization, as Payable on Death or In Trust For.
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 the Account until Ando is: (a) notified of your death or adjudication of incompetency and (b) has a reasonable opportunity to act. You agree that, even if Ando has knowledge of your death, Ando may pay or process transactions involving the Account on or before the date of death for up to ten (10) days after that date unless ordered to stop by someone claiming interest in the Account. Ando may require additional documentation to confirm any claims made on the Account.
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 and Bank's 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 reserves the 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.
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 except to the extent governed by federal law.
You may make deposits to your Account only by initiating a transfer of funds from your linked Deposit Account through either the Website or Mobile App. Neither Bank nor Ando is liable for any other including deposits you attempt to make in cash, deposits lost in the mail, deposits lost in transit, or deposits not received.
Additional Limits on Transfers from your Account
Federal regulations limit the number of transfers from the Account to six (6) per statement cycle. Any transfers initiated from the Account after the sixth transfer via the Website or Mobile App will be blocked until the start of the next statement cycle. At the beginning of the next statement cycle, access to transfer from the Account will be restored to six (6) for that cycle.
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.
You are not permitted to overdraw your Account. If the available balance in your Account is not sufficient to cover any withdrawal you have authorized, Bank may refuse to process the p withdrawal. 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 us, Ando reserves the right to exercise its right to set off. See Section 2.5 "Right to Set Off" below for details. If your Account has a negative balance for ninety (90) 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 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.
Right to Set Off
If the balance of your Account should become and then remain negative, Ando can use the funds in any of your accounts, including any Deposit Account, to repay the negative balance. This means Ando has the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with Ando. Further, you grant Ando a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to Ando, now or in the future.
Legal Processes Affecting Accounts
If legal action such as a garnishment, levy or other state of federal legal process ("Legal Process") is brought against the Account, Bank may refuse to permit (or may limit) transfers from it 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. 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 for a transfer 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 affecting your Account. Bank may charge these expenses to your Account. You will indemnify Bank for any losses if Bank does this.
Account Inactivity and Escheatment
An Account that is inactive for a period of time may be considered dormant and is subject to escheatment. Each state has varying laws as to when an account is subject to escheatment and Bank may be required to send the balance in your Account to the state of your last known address. Bank will make all reasonable efforts to contact you before transferring the remaining balance of your Account to the applicable state. For an Account with an international address, the funds will be transferred to the State of New York.
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 the Ando's Website or Mobile App on 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 the amount and date any transfer or withdrawal. 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.
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.
You may not use your Account for online gambling or any illegal transactions. Bank may refuse to process any transfer that Bank 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 transfer that you authorized, even if that transfer is determined to be illegal.
ELECTRONIC FUNDS TRANSFER DISCLOSURES AND SPECIAL TERMS AND CONDITIONS
Electronic Funds Transfer Services
You may only deposit and withdraw funds to and from the Account through your linked Deposit Account. At Bank's or Ando’s discretion, the number and amount of transfers per day or month may be limited. You will have access to an electronic monthly statement that can be viewed on the Website or Mobile Apps (if available).
Liability for Failure to Stop Payment of Preauthorized Transfer
If you order Ando or Bank to stop a preauthorized transfer to or from your Account three (3) business days or more before the transfer is scheduled, and Bank does not do so, Ando will be liable for your losses or damages.
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 at 1- 844-960-3939. 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 Ando within two (2) business days after you learn of
the loss or theft of your Account number and Ando can prove that Ando could have stopped someone from using your Account without your permission if you had promptly notified us, 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 3.5 below labeled "Information About Your Right to Dispute Errors." If you do not notify Ando 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 can prove that Bank could have stopped someone from taking value if you had notified Ando in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, Ando will extend the time periods. If your Account number has been lost or stolen, Ando will close Account to keep losses down or issue you a new Account number.
Our 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 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.
Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, or if you think your statement is wrong or if you need more information about a transaction listed in the statement contact Customer Service at 1-844-960-3939. Ando must allow you to report an error until sixty (60) 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 may request a written history of your transactions at any time by contacting Customer Services. You will need to provide:
Your name, 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 Ando hears from you and will correct any error promptly. If Ando needs more time, however, Ando may take up to forty-five (45) days to investigate your complaint or question. If Ando decides to do this, Ando will credit your Account 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, 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 Ando at the phone number or address shown at the beginning of this section. If you need more information about you Account's error-resolution procedures, call Customer Service, or visit the Website.
General Funds Availability Policy
Information contained in this section is provided to assist you in understanding Bank's Funds Availability Policy.
Bank makes 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 Bank delays the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds. Bank has the right to refuse any deposit.
In general, funds transferred from your linked Deposit Account will be immediately available in your Account.
TRUTH IN SAVINGS DISCLOSURES
Opening Deposit and Balance Requirements
There is no minimum deposit requirement to open an Account. While there are no minimum or maximum balance requirements, an Account with a zero (0) balance for nine (9) continuous months will be subject to closure. See the paragraph labeled "Amendment and Cancellation" below for additional details.
The current interest rate and Annual Percentage Yield ("APY") for the Account appear in the Interest Rate Schedule shown below. This is a variable rate account. Ando may, at its discretion, change the interest rate and APY for the Account at any time. Interest begins to accrue no later than the business day the deposit is applied to the Account. Interest will be compounded daily and credited to the Account on a monthly basis.
As of the Effective Date of this Agreement.
ANNUAL PERCENTAGE YIELD (APY)
Account interest is calculated using the daily balance calculation method. This method applies a daily periodic rate to the principle balance in the Account each day. There are no minimum or maximum balance restrictions on the Account.
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.
OTHER AGREEMENT TERMS
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, and you may be unable to use the Account or obtain information about the Account. Please notify Bank if you have any problems using the Account or Website. 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 Bank be liable for extended interruptions due to failures beyond Ando and 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.
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, its 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 the Account, or this Agreement (as well as any related or prior agreement you may have had with Bank).
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.
For Account service assistance or additional information regarding your Account, please contact Customer Service at 1-844-960-3939.
From time to time Bank may monitor and/or record telephone calls between you and Ando or Bank to assure the quality of Ando or Bank's customer service or as required by applicable law.
Amendment and Cancellation
Except as otherwise required by applicable law, Bank 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.
Bank 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 Bank'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 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 a refund check. Allow fourteen (14) days for processing of such balance return. Bank may refuse to honor any checks issued on your Account which are presented to Bank for payment after your Account is closed. In the event the 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 reserves the right to refuse to return any unused balance amount less than $1.00
IMPORTANT: IF YOU TERMINATE YOUR RELATIONSHIP WITH ANDO OR YOUR LINKED DEPOSIT ACCOUNT, THE ACCOUNT WILL AUTOMATICALLY BE CLOSED. UPON CLOSURE, ANY REMAINING FUNDS IN THE ACCOUNT WILL BE RETURNED PER THIS SECTION.
No Warranty Regarding Goods or Services as Applicable
Bank 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.