Till Deposit Account Agreement

Last Updated November 18, 2020


IMPORTANT - Please read carefully and retain this Agreement with your records for future reference.

The following terms and conditions constitute an agreement (“Agreement”) between you, as Owner, and Coastal Community Bank (“Bank,” “we” or “us”) and governs your Till deposit account (“Account”) and associated debit cards. As used in this Agreement, “Customer,” “you,” and “your” mean the owner of the Account, any person responsible for paying back all amounts you owe us under this Agreement, and any other person you may authorize to use and access your Account (“Authorized User”).

This Agreement refers to and incorporates other disclosures or terms and conditions we may provide to you, including additional terms, conditions, and disclosures we provide when you use additional products and services, periodic statements, user guides, Till’s Terms of Service and Privacy Policy, and the Bank’s Privacy Policy and Privacy Notice at https://www.coastalbank.com/privacy-notice.html. By opening or continuing to use your Account, you agree to this Agreement.

Important Information About Your Account

Your Account is provided and held by the Bank. The Bank also issues Till-branded debit cards, pursuant to a license by Visa International, in the name of the Cardholder for carrying out all Card Transactions from an Account, as provided for in this Agreement (each, a “Card”). Till Financial, Inc. (“Till”) provides the Bank certain administrative services in connection with your Account, but does not hold your funds. The Bank provides you all banking services, including accepting, holding, and transmitting any funds in your Account.

Within your Account, you may set up and transfer money to sub-accounts for each of your Authorized Users (each, a “Sub-Account”) to manage their use of your Account. Each Sub-Account represents a portion of the funds held in the Account. The Sub-Accounts are called “Spend” accounts and “Saving” accounts. Each Authorized User is issued a Card, which is associated with that Authorized User’s designated Spend account.

Cardholders with Spend and Saving accounts will only have access to and be able to spend the funds in their designated Sub-Accounts (“Allocated Funds”). Funds in the Account that have not been allocated to a Sub-Account are “Unallocated Funds” in the “Holding Account.”

Owners and Administrators may transfer Unallocated Funds out of the Holding Account. For an Owner or Administrator to transfer Allocated Funds out of the Account, those funds must first be transferred from a Sub-Account to the Holding Account. For example, if an Owner or Administrator wants to transfer $200 out of the Account, and the Account has $100 in the Holding Account and $100 in a Sub-Account, $100 would need to be transferred from the Sub-Account to the Holding Account first.

You are responsible for all activity conducted on your Account by an Authorized User, and all transactions Authorized Users make will be treated as if you had made the transaction yourself.

Definitions

“Business Day” means Monday through Friday, excluding Federal holidays.

“Card Transactions” means any payment made for goods or services, cash withdrawals from a bank or financial institution (including ATM withdrawals) or transfer of funds made through the use of the Card or the Card number.

“Cardholder” means the person in whose name a Card is issued.

“Owner” is an individual who establishes the Account in his or her name and owns and is responsible for the Account under this Agreement.

“Sub-Account” means a sub-account of an Account established by or on behalf of an Owner and used for the purpose of allocating funds to Authorized Users, as well as identifying, monitoring, and approving Card transactions by Cardholders. Sub-Accounts include the “Spend” and “Saving” accounts associated with an Account.

“Till Service” means the platform delivered by Till as a mobile application that facilitates your use of your Account, Sub-Accounts and Cards.

Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural and the plural includes the singular.

Modifications

We may amend or change any terms and conditions of this Agreement or any account disclosures and documents provided to you. Notice of the amendment or change will be provided to you as required under applicable law.

If at any time the terms, conditions or fees associated with your Account are not acceptable to you, you may terminate this Agreement by closing your Account after paying any fees or charges owed to us. We may cancel or suspend your Account, Card, or other Account services at any time.

Identification Notice (USA PATRIOT ACT)

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.

This means that when you open an Account or use the Till Service, Till or we will ask for your name, physical address, date of birth and other information that will allow us to identify you. Till or we may also ask to see other identifying documents such as driver's license or other documents that validate your identity. You authorize us, directly or through third parties, to validate the information you provide to us. This may include asking you for additional information, requiring you to take steps to confirm your email address or other information, or verifying your information against third-party databases or other sources.

Even if you have been an existing customer of ours, we may ask you to provide this kind of information and documentation because we may not have collected it from you in the past or we may need to update our records.

If, for any reason, any Owner is unable to provide the information necessary to verify their identity, your Account may not be opened or may be blocked or closed.

You are responsible for the accuracy and completeness of all information supplied to us in connection with your Account and the Till Service and for keeping your personal data with us updated if you move or otherwise make changes to your personal data.

General Terms and Conditions

Who Can Use Our Service

Individuals 18 years of age or older who can form a legally binding contract can be an Owner and establish an Account. You or the Administrator may designate individuals age eight or older as Authorized Users and Cardholders. We may impose other restrictions as well.

Personal Accounts

All Accounts are personal accounts. If your Account is identified as being used as a business account, business-related transactions will be reversed at our discretion, your Account privileges will be suspended, and your Account may be closed if business-related activities continue.

Administrator

You may designate a person other than yourself to be the administrator of your Account (“Administrator”). The Administrator may perform any action you may perform on your Account, except that the Administrator may not remove you as Owner, add new owners, or remove or add an Administrator. You agree to hold us harmless from and against any acts of the Administrator. You are solely responsible for any acts of the Administrator. You are responsible for any acts of the Administrator as if you made them yourself. We have no duty to monitor or ensure that the acts of the Administrator are for your benefit or are permissible under applicable law. We are not responsible for any acts of the Administrator. We may require you to provide certain information about the Administrator. We may terminate or suspend the Administrator at any time.

Cardholders

You or the Administrator may designate persons other than the Owner as a Cardholder to whom a Card is issued. Cardholders may make Card Transactions, and you are responsible for all Card Transactions. You agree to hold us harmless from and against any acts of any Cardholder. You are solely responsible for any acts of any Cardholder. You are responsible for any Card Transaction made by any Cardholder as if you made it yourself. We have no duty to monitor or ensure that the acts of any Cardholder are for your benefit or are permissible under applicable law. We are not responsible for any acts of any Cardholder. We may limit the number of Cardholders. We may require you to provide certain information about each Cardholder. We may terminate or suspend any Cardholder at any time.

Information-sharing with the Bank

You authorize Till to share any of your information with us. It is your responsibility to make sure data you provide is accurate and complete.

Notices and Customer Service

Till will provide you with any and all notifications as well as all customer support related to your Account. Please contact Till if you have any questions at support@tillfinancial.io.

Account Balances

You agree to maintain a positive balance and not to incur overdrafts in your Account. If you manage your Account in such a way that it results in a negative balance or becomes overdrawn, you agree to rectify the matter by transferring sufficient funds from your linked funding account to repay the overdrawn balance. Your failure to bring your Account to a positive balance could result in the temporary or permanent suspension of your Account and the Till Service. Further consequences may be enacted if you do not remedy the situation in a timely manner and may include: (1) reporting your negative balance to a consumer reporting agency; and/or (2) legal action.

Confidentiality

We will disclose information about your Account or the transactions you make to third parties:

  • When it is necessary to complete transactions;
  • To verify the existence and standing of your Account upon the request of a third party, such as a credit or merchant;
  • In accordance with your written permission;
  • In order to comply with court, governmental, or administrative agency summonses, subpoenas or orders; and
  • On receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.

Account Closing

If you wish to close your Account, you agree to withdraw all of the funds from your Account, and we may require you to notify us of this intention in writing. After an Account is closed, we have no obligation to accept deposits or pay outstanding items but may do so at our discretion. You agree to hold us harmless for refusing to honor any item on a closed Account. If funds remain in your Account after you have notified us of your intent to close your Account, we will require you to submit your request to us in writing, and we will return any remaining funds to your linked funding account. Any related closing fees will be deducted from the final balance.

Foreign Activity

If you have moved outside of the United States or have frequent international transactions, you may be contacted about the international activity in your Account and for further verification of your address. If you are moving, traveling, or will be temporarily residing overseas, we recommend you contact us to prevent any disruption in your Account activity. Your Account may be closed if you no longer reside in the United States.

Inactive and Dormant Accounts

We may consider an Account to be “inactive” after a period of no Owner-initiated activity for 90 days. After this period of “inactive” status, we may consider an Account to be “dormant,” at which time it will be closed and funds sent back to your linked funding account.

If your Account becomes inactive or dormant, your Account will continue to be subject to any service charges in accordance with our Schedule of Fees below in this Agreement. If an Account becomes inactive, we will notify you with specific instructions on how to restore your Account to an active status.

Death or Incompetence

You or any person to whom you have granted a power of attorney agree to notify us promptly if you, the Administrator or any Cardholder dies or becomes legally incompetent or incapacitated. We may continue to honor any transactions until (a) we know of the fact of death or of a legal determination of incompetence or incapacitation and (b) we have had a reasonable opportunity to act on that knowledge. You agree that, even if we have knowledge of death of you, the Administrator or any Cardholder, we may pay on transactions on or before the date of death for up to 10 days after that date, unless ordered to stop payment by the Administrator or your attorney-in-fact. We may require additional documentation to confirm any claims made on your Account.

Levies, Garnishments, and Other Legal Processes

If we are served with a legal action, such as a subpoena, writ of attachment, levy, garnishment, search warrant or similar order, we will comply with that legal action. In our discretion, we reserve the right to refuse to pay any money from your Account, including checks or other items or transactions presented for payment, until the action is resolved. If we are required to pay an attachment, garnishment or tax levy, we will not be liable to you. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to a garnishment, levy or attachment on your Account. We may charge these expenses to your Account. Until we receive the appropriate court documents, we may continue to process transactions against your Account, even if we have received an unofficial notification of an adverse claim. You will indemnify us for any losses if we do this.

Periodic Statements

In addition to being able to see your transaction history on your Account through Till’s website or application, we will make available to you one periodic statement (“Statement”) for your Account per month, covering activity on your Card(s) and Account during each monthly cycle. We will make your Statements available through Till’s website or application, by e-mail, or by mail. We have made the Statement to you on the day we notify you that the Statement is available or we mail your paper Statement. If you have questions about your transactions, contact support@tillfinancial.io.

Withdrawals from and Deposits to Accounts

General

Unless otherwise indicated by us, anyone who is listed as Owner, the Administrator, or is assigned power of attorney privileges that cover financial accounts for you may withdraw or transfer all or any part of your Account or Sub-Account balance at any time on forms approved by us or with a Card, through Bill Pay, or other available Till Service.

We reserve the right to refuse any withdrawal or transfer request that is attempted by any method not specifically permitted or that exceeds any frequency or monetary limitations. Even if we honor a nonconforming request or allow a transaction or transactions to overdraw your Account, these may force us to close your Account. We will use the date a transaction is completed by us (as opposed to the day you initiated it) to apply the frequency limitations.

Deposits to Accounts

Any monetary items mailed to Till or us will be refused and returned to you. We reserve the right to charge back to your Account the amount of any item deposited to your Account which was initially paid by the payor bank and later returned to us due to an allegedly forged, unauthorized or missing endorsement, claim of alteration, encoding error or other problem which in our judgment justifies reversal of the credit.

Automated Clearing House Deposits

In order to transfer funds from an account that you own or have control of at another financial institution to your Account using the Automated Clearing House (“ACH”) Funds Transfer service, we use Plaid Technologies, Inc. (“Plaid”) to gather your data from external financial institutions/bank accounts you connect to your Account via the Till mobile application. By using the Till Service, you grant to Till, Plaid and us the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the financial institution you designate as the holder of the linked funding account for your Account. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy at plaid.com/legal. ACH transactions will not be processed and accessible until the service is activated by us. Funds from these types of deposits will not be available until after the funds have settled.

Cash Deposits

We do not accept cash deposits. Please do not send cash deposits through the mail. In the event that a cash deposit is received for your Account, you agree that Till’s or our determination of the amount of the deposit will be final. We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

Mobile Deposits

If mobile check deposit services are offered, all checks submitted for deposit must be made payable to you or an Authorized User. We do not accept cash. We do not accept third-party checks. We do not accept deposits in foreign funds or checks drawn on banks outside the United States. We reserve the right to reject a deposit if it is made payable to Till or Coastal Community Bank. We reserve the right to refuse any other type of deposit if we believe it is fraudulent, will not be paid, it is not made payable to you, or it is otherwise suspicious in nature. We will not be held liable if such action causes outstanding items to be dishonored and returned, or payment orders to be rejected.

You agree to properly endorse all items captured and submitted using a mobile deposit service. This endorsement should include signatures from the named payees. It is also recommended that you write with the endorsement “For Mobile Deposit Only.” You agree that, after you submit an item for deposit using the mobile deposit service, you will not redeposit, otherwise transfer or negotiate the original item.

For checks sent via mobile deposit, the check will not be considered to have been received by us until we have received the valid electronic check image file. Limits to the number of mobile deposits permitted and the amount of funds that can be deposited are imposed for security reasons. For this purpose, we may not readily disclose those limits to you.

All deposits will be credited to your Account in accordance with the Funds Availability Policy below in this Agreement.

Mobile Wallet

When you or a Cardholder adds a Card to a mobile wallet, you agree to the following terms:

  1. A Card can be added to a mobile wallet by following the instructions of the mobile wallet provider (ApplePay, GooglePay, SamsungPay, etc.). A Card can be added to multiple mobile wallets and on multiple devices as long as it is eligible to do so. This Agreement, and the terms of the mobile wallet provider and any service providers (e.g., third-party wireless companies) apply to a Card in a mobile wallet regardless of which mobile wallet it is added to. No Card can be used in a mobile wallet if the Card has been cancelled.
  2. The terms and conditions of this Agreement do not change when a Card is added to a mobile wallet. In addition, any applicable fees that apply to your Account apply to activity done through a mobile wallet as well.
  3. When a Card is added to a mobile wallet, it can be used to make purchases wherever mobile wallets are accepted. Mobile wallets may not be accepted everywhere that a Card is accepted.
  4. If any Cardholder uses a mobile wallet, you agree to protect and keep confidential your User ID, passwords and all other authentication information required for use of the Card in a mobile wallet.
  5. All questions or complaints about mobile wallet-specific functions or security should be directed to the mobile wallet provider. All transaction-related questions should continue to be directed to Till.

Deposited Items Returned

If final payment is not received on any item you or anyone else with deposit access deposited to your Account, or if any direct deposit, ACH deposit or electronic fund transfer to your Account is returned to us for any reason, you agree to pay us the amount of the return.

We may charge any account of which you are an owner or re-present any item you deposit with us that is returned to us unpaid without prior notice to you. We may charge a fee for returned deposited items in accordance with our Schedule of Fees below in this Agreement.

You authorize us to attempt collection of previously returned items that you deposited. In our attempts to collect these items, you agree that we may allow the payor bank (the bank on which the item is drawn) to hold the item beyond its midnight deadline.

If a claim is made on any item subsequent to final payment on the grounds that the item was altered, bears a forged or unauthorized endorsement, or was not otherwise properly payable, we may withhold credit for the item from your Account until final determination of the claim. In addition, we will not be liable for a check, draft or other item that you deposit that has been forged or altered in such a way that a reasonable person could not discover the forgery.

Funds Availability

Funds Availability Policy

Information contained in this section is to assist you in understanding our Funds Availability Policy. Till does not accept in-person or mailed deposits.

General Policy

It is our policy to review each deposit and determine how the funds are being deposited. We make the funds available to you according to the deposit type and when the funds are applied to your Account. Some deposit types may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay bills or other debits, such as ACH withdrawals or wire transfers, during the hold period.

We reserve the right to refuse any deposit. If final payment is not received on any item you deposited to your Account, or if any direct deposit, ACH deposit or electronic fund transfer to your Account is returned to us for any reason, you agree to pay us the amount of the return, plus any fee in accordance with our Schedule of Fees below in this Agreement.

Availability

The length of delay in the availability of funds varies depending on the type of deposit. Special rules may apply to new Accounts. Funds from wire transfers, transfers between Sub-Accounts, preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Account. Funds transferred from another institution to your account at Till may take up to four Business Days to process.

Business Days

The length of delay in the availability of funds is counted in Business Days from the day your deposit is applied to your Account. Deposits received after 4:00 PM (PST) will be considered to be received on the next Business Day.

Check Deposits

Funds you deposit by check may be delayed for a longer time period based on our review of the check and your Account history. They will generally be available no later than the fifth Business Day after the day of your deposit.

If you need to be sure when a particular deposit will be available for withdrawal, you can verify the availability of your deposit by viewing the transaction detail on the Till mobile application.

Special Rules for New Accounts

Special rules may apply during the first 30 days of any new Account you open. All check deposits may be held for an extended period of time but no longer than nine Business Days after the deposit is received.

Electronic Fund Transfer Disclosure

We offer account services that may be considered “electronic fund transfers,” including ATM transactions; ACH transactions, including direct deposits and pre-authorized withdrawals; and online transfers. This disclosure provides information that describes your rights and responsibilities regarding these services. The electronic fund transfer services are services that we can provide, assuming that you specifically request and arrange them and qualify for the service.

Card Activation

A Cardholder must activate a physical Card in accordance with the instructions provided with the Card before it can be used. The Cardholder will need to provide his or her personal and Card information in order to verify his or her identity and activate his or her card.

ATM and Debit Card Transactions

Consistent with applicable law, a Cardholder may use a Card with his or her signature or PIN to perform most routine transactions on your Account or Sub-Accounts that are accessible by a Card, such as to:

  • Make cash withdrawals
  • Obtain the most recently available Account or Sub-Account balance
  • Pay for purchases at places that have agreed to accept the Card

Some of the above services may not be available at all ATMs or locations.

Authorized Card Users

You are responsible for all authorized transactions initiated and fees incurred by use of a Card. If you or any Cardholder permits another person to have access to his or her Card or Card number, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

International ATM Transactions

International transactions made using a Card will be converted to U.S. currency according to the rules and regulations of the card network. The conversion of the currency to U.S. currency may occur on a date other than the original transaction date, and fees may be assessed by these networks. You are responsible for the U.S. currency amount plus any fees assessed for the currency conversion. Some services may not be available at international ATM terminals. International ATM transactions may be subject to a fee in accordance with our Schedule of Fees below in this Agreement.

ATM Deposits

The Card does not permit deposits at ATMs.

Card Point-Of-Sale Transactions

A Cardholder may use a Card to purchase goods and services and/or obtain cash where permitted by the merchant, from any merchant who accepts Visa®. The merchant may require a signature instead of a PIN to authorize the purchase request. A Cardholder may also use a Card with a PIN at any merchant location where ATM cards are accepted to purchase goods, services, and/or obtain cash where permitted by the merchant. The amount of all purchases, including any cash obtained, will be deducted from your Account or Sub-Account. When a Cardholder makes a purchase through a card network, we may place a hold on the funds in your Account in the amount that may be necessary to cover the amount of the transaction.

Transactions Using Your Card Number

If a Cardholder initiates a transaction without presenting a Card (such as for mail order, internet or telephone purchase, a prefunded check purchase or an ACH debit purchase), the legal effect will be the same as if the Cardholder used the Card itself.

Limitations on Frequency of Card Transactions and Cash Withdrawal Limits

Frequency of use limitations are imposed on Card Transactions for security reasons and for the protection of your Account. Cardholders will be denied the use of a Card if:

  • They exceed the daily ATM withdrawal or purchase limit;
  • There are insufficient available funds in your Account or Sub-Account;
  • They do not enter the correct PIN; or
  • They exceed the limit on the number of times they can use the Card each day.

The receipt provided by the ATM or merchant terminal will notify the Cardholder of the denial. There is a limit on the number of such denials permitted, beyond which the machine may retain the Card. The number of attempts that will cause the retention of the Card is also not disclosed for security reasons.

A Cardholder may not withdraw more than $250.00 cash at an ATM or purchase more than $2,500.00 worth of goods or services on any calendar day.

Preauthorization Holds

When a Card or other network enhancement feature related to the Card is used at a point-of-sale location to obtain goods or services or obtain cash, the merchant may attempt to obtain a pre-authorization from us for the transaction. We may place a hold on your Account or Sub-Accounts for the amount of the preauthorization request for a duration based on the vendor type. This can range from two days to 30 days and may vary in some cases from the amount of the actual purchase, depending on the merchant’s request. If the preauthorization request varies from the amount of the actual transaction, payment of the transaction may not remove the hold, which will remain on your Account or Sub-Account until the end of the hold period. This hold may affect the availability of funds in your Account to pay checks or for other electronic fund transfers. We will not be responsible for damages for wrongful dishonor of any items that are not paid because of the hold.

Preauthorized (ACH) Debit or Credits

You may arrange to have certain recurring payments automatically deposited (credited) to your Account. If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you can contact Till at support@tillfinancial.io to find out whether or not the deposit has been made.

You may arrange to have certain recurring withdrawals automatically paid (debited) from your Account. For example, you may arrange to have insurance premiums paid automatically.

Right to Stop Preauthorized ACH Transfers

If you have authorized a third party to regularly debit payments out of your Account and you wish to permanently revoke your authorization, call Customer Service at 877-899-6684, or send a message to support@tillfinancial.io, in time for us to receive your request three Business Days or more before the payment is scheduled to be made. Your request must include your Account number, the name of the payee, the amount of the item to be stopped, and the date payment was scheduled to be made. If your request is by telephone, we may also require you to put your request in writing and ensure that it is received by us within 14 days after your call or email.

We also recommend that you contact the originating third party to inform them that you are revoking your authorization.

Transfers Varying In Amount

You may preauthorize transfers from the Holding Account or from your linked funding account to an Authorized User’s Sub-Account upon the occurrence of a specified event, including, for example, to fully or partially match the Authorized User’s contribution to his or her own Sub-Account. When you establish these preauthorized transfers in the Till mobile application, you may establish the range of amounts that could be transferred by selecting a maximum total amount to be transferred at one time or in aggregate. We will not otherwise provide you with a notice of transfers varying in amount.

Stop Payment Liability

If you request that we stop payment on any preauthorized transfer according to the requirements above and we fail to do so, we will be liable for your proven losses or damages, unless:

  • You failed to give us enough information, proper instructions or sufficient time to act on the stop payment; or
  • We do not receive written confirmation of your telephone or email request to stop payment within 14 calendar days, and the preauthorized transfer occurs after the 14 calendar days.

In any case, we will only be liable for actual proven damages if the failure to stop payment on your transaction resulted from a bona fide error on our part, despite our procedures to avoid such errors. If we pay a preauthorized transfer despite your valid and timely stop order request, we may re-credit your Account. If we do this, you will sign a statement describing the dispute with the payee. You agree to transfer to us all of your rights against the payee. In addition, you will assist us in any legal action taken against the payee.

If you want to cancel a transfer from your linked external bank account or your Account that you initiated, and the transaction has not yet been processed or is pending, you can request to cancel the transaction by contacting us by email at support@tillfinancial.io.

Our Liability for Failure to Complete an Electronic Fund Transfer

If we fail to complete an electronic fund transfer transaction on time or in the correct amount when properly instructed by you, we will be liable for damages caused by our failure unless:

  1. There are not sufficient Unallocated Funds or Allocated Funds, as applicable, to complete the transaction through no fault of ours;
  2. The funds in your Account are not available at the time the electronic fund transfer posts to your Account;
  3. The funds in your Account are subject to legal process;
  4. The ATM system has insufficient cash to complete the transaction;
  5. The Card has been reported lost or stolen and the Cardholder is using the reported Card;
  6. We have a reason to believe that the transaction requested is unauthorized;
  7. The failure is due to an equipment breakdown that the Cardholder knew about when he or she started the transaction at an ATM or merchant terminal;
  8. A Cardholder attempts to complete a transaction at an ATM or merchant terminal that is not a permissible transaction listed above; or
  9. The transaction would exceed security limitations on the use of a Card.

In any case, we will only be liable for actual proven damages if the failure to make the transaction resulted from an honest error despite our procedures to avoid such errors.

Unauthorized Transfers

Tell us immediately if you believe a Card and/or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Sending an email to support@tillfinancial.io is the best way to keep your potential losses down. You could lose all the money in your Account!

If you tell us within two Business Days after you learn of the loss or theft of a Card and/or PIN, you can lose no more than $50 if someone used the Card and/or PIN without your permission.

If you do NOT tell us within two Business Days after you learn of the loss or theft of your Card and/or PIN, and we can prove we could have stopped someone from using your Card and/or PIN without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after your Account statement is made available to you, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If extenuating circumstances kept you from telling us, we may extend the time periods at our sole discretion.

You may be required to confirm the information provided over phone or email in writing. In these cases, we will advise you accordingly, provide you the necessary forms for confirming your dispute in writing, and give you instructions for sending us the signed form.

Errors or Questions and How To Contact Us

In case of errors or questions about your electronic fund transfers, you agree to promptly contact Customer Service by telephone at 877-899-6684 or email at support@tillfinancial.io. You may be required to confirm the information in writing within 10 Business Days. In these cases, we will advise you accordingly, provide you the necessary forms for confirming your dispute in writing, and give you instructions for sending us the signed form.

If you believe an electronic fund transfer transaction was processed in error or was unauthorized, or if you need more information about a transfer listed on your statement or receipt, you must contact us through Till no later than 60 days after the problem or error first appeared on your statement.

In your communication with us through Till, please provide the following information:

  • Account Owner name, Account number, and last four digits of the Card number, if applicable;
  • A description of the suspected error or the transfer about which you are unsure, why you believe there is an error, or why you need more information;
  • The dollar amount of the suspected error; and
  • The date of the suspected error.

When we receive your dispute notification, we will advise you of the status of our investigation within 10 Business Days. In all cases, we will correct any error promptly.

If we need more time to investigate your question or complaint, we may take up to 45 calendar days for ATM transactions (other than international transactions) and ACH transactions. For errors involving new Accounts within 30 calendar days after the first deposit, point-of-sale transactions or foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. If this is necessary, we will provisionally credit your Account for the amount you believe is in error within 10 Business Days of your original complaint or question, so that you will have the use of the money during the time it takes us to complete our investigation. If we do not receive your written confirmation of your questions or complaint within 10 Business Days, we may decide not to provisionally credit your Account.

For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For new Accounts, we may take up to 20 Business Days to credit your Account for the amount you think is in error.

We will send you a written explanation within three Business Days after we finish our investigation. You may ask for copies of the documents we used in our investigation. If provisional credit was given and it is determined that there was no error, you must repay to us the amount of the provisional credit for the disputed items. You will have access to those funds for five Business Days, and then we may deduct such amounts from your Account without further notice.

Card Revocation

You agree that Cards remain the property of the Bank and must be surrendered upon demand. Cards are non-transferable, and they may be canceled, reposed, or revoked at any time without prior notice subject to applicable law.

If a Card is not used for 120 days, or we believe the Card may be lost or stolen or is being used improperly, it may be canceled for security reasons and will be unusable. This may occur without prior notice to you.

If a Card is reissued or reactivated, we may charge you a fee for its reissue/replacement in accordance with our Schedule of Fees below in this Agreement.

Funds Transfer Service

“Funds Transfer” is an electronic transfer service that enables you to securely transfer funds from an account at another financial institution to your Account with us, and/or from your Account with us to an account at another financial institution. Prior to use, you are required to register your external bank account for verification and security purposes. Once our Funds Transfer service is active, please refer to the Funds Availability Policy above in this Agreement to see when your funds will be available for your use in your Account. In all cases, funds may be held until we receive verification that the transaction has settled.

By using the Funds Transfer service, you agree that the we will transfer funds through ACH services and that the transaction is subject to completion upon our final review and verification. You agree that such requests constitute authorization for such transfers. This authorization is to remain in full force until we have received written notification from you of its termination, you have electronically deleted a registered bank account from the Funds Transfer service, or you have electronically canceled an account and/or transfers from the Funds Transfer service in such time and in such manner as to afford us and the other financial institution a reasonable opportunity to act on it.

This service may not be available for all customers and/or account types.

By using the Funds Transfer service, you are certifying that the registered external accounts that you transfer funds to and from are under the same ownership as your Account with us. In the event that the accounts are not titled the same or ownership among the transferring accounts changes, you will indemnify us for any losses incurred as a result of any transaction you initiate between these accounts that is later returned or is reported unauthorized. If you initiate a transfer that is found to be unverifiable or is unable to be completed for other reasons, you agree to hold us harmless for any loss resulting from the incomplete transfer. If a transfer is made from a third party’s account or registered as an external deposit account, before we detect it, we may without notice to you, place those funds on hold and debit your Account, and return the funds to the third party's account in the form of a bank check or funds transfer, once we have confirmed the funds cleared the external account.

If you use the Funds Transfer service to transfer funds to or from an external bank account that has multiple owners, you agree that each owner authorizes the others to (a) register any external bank account, as permitted by the Funds Transfer service, and (b) initiate the transfer of funds between your Account with us and any registered external bank account. Each external bank account owner agrees to be jointly and severally liable to us and Till for any losses incurred as a result of the improper use of this service up to and including the transfer amount, any applicable fees and any legal expenses. Your Funds Transfer request will only be completed if you have sufficient funds in your Account from which you wish to transfer funds and the accounts are linked for transfer capabilities. Funds Transfer transactions are subject to dollar amount limitations, which are determined by us and may be set according to your Account type and/or the type of Funds Transfer service you are using. These limitations are set for security reasons and are not disclosed for that reason.

We reserve the right to limit the number of external accounts that can be linked to your Account for purposes of transferring funds; to limit functionality of the Funds Transfer service by imposing limits, holds, or other measures; and to close your Account if unlawful activity is found or suspected.

PIN, Passwords, and Passcodes

Card PIN

You will be prompted to assign a four-digit card PIN for your Card during Card activation. You may change the PIN at any time by accessing the Card PIN change process through the Till mobile application.

Password and Passcode

You will be prompted to establish a password (login credentials) during your Till enrollment. Depending on your mobile application settings, you may be required to enter your full password for subsequent logins to the Till mobile application to view your Account and Card and transaction information. Your Till password may be changed at any time after you have signed into your mobile application session and following the steps for resetting your password. Securing your Till mobile application using advanced security is encouraged and can be done by:

  • Verifying your personal mobile number for two-factor authentication of sensitive transactions;
  • Enabling Touch ID or Face ID if supported by your mobile device;
  • Choosing a strong/complex password that is unique to the Till Service (i.e., do not use shared passwords);
  • Not sharing login credentials with others; and
  • Using a password manager where possible.

Your login credentials and PIN are identification methods that are both personal and confidential. You are required to use your PIN with your Card at an ATM. It is a security method by which we help you maintain the security of your Account. Your login credentials are another security method that maintains the security of your Account and the transactions you process through the Till mobile application.

Therefore, you agree to take all reasonable precautions to protect the confidentiality of your login credentials, PIN and/or other access devices. Further, you agree that you will not reveal your login credentials, PIN, or any other device access information to any person not authorized by you to use your Card; not write your PIN or login credentials on your Card or on any item kept with your Card; and not leave your mobile or other device unattended after you have logged on using your login credentials.

Fees, Charges and Other Account Information

You will pay any applicable fees and charges we assess for our Card services and/or other electronic services that you select. Applicable fees will be deducted from your Account and listed on your Account statement. We may charge a fee to use a Card at an ATM within the United States or internationally to make a point-of-sale purchase in accordance with our Schedule of Fees below in this Agreement. You may be charged a foreign transaction fee for point-of-sale purchases made internationally. The terminal owner may also charge you a fee for use of their ATM. You may be assessed a fee by the card association, for example, Visa, for using a Card at an ATM or making a point-of-sale purchase.

Fees are charged in accordance with our Fee Schedule, outlined below. If we assess a fee for any other service or make a change to our Fee Schedule, we will notify you in advance.

To the extent you access the Till Service through a mobile device, your wireless service carrier’s charges, data rates, and other fees may apply.

Fee Schedule

Fee ItemFee
Monthly FeeNo Charge
ATM Withdrawal Fee - (Domestic)No Charge.
Except any fees charged directly by ATM owner/network
Card Replacement Fee$5
Deposit Item ReturnedNo Charge
Funds TransferNo Charge
Inactive/Dormant AccountNo Charge
International ATM Withdrawal Fee$5
International Debit Transaction Fee3% of total transaction
Paper Statement FeeNo Charge
Return Item Fee (ACH, Check, Debit)No Charge
Stop Payment FeeNo Charge

There is no minimum balance to open or maintain your Account. The interest rate on your Account is 0.00% with an annual percentage yield of 0.00% for the duration of the time your Account is open.

General Information

Rights to Setoff

If you owe us any amount, you give us a security interest in your Account and any Sub-Accounts. You also give us the right, to the extent not prohibited by law, to set off against your funds to pay the amount owed to us. You agree that the security interest you have given us is consensual and is in addition to our right of set off. If we exercise our right of set off, we will notify you to the extent required by law.

Taxes

You are responsible for reporting any required Account information to tax authorities and paying any taxes related to your Account.

Severability

If any provision of this Agreement is found unenforceable, then that provision will be severed from this Agreement and not affect the validity and enforceability of any remaining provisions.

Invalidated Provisions

If an arbitrator or court finds any provision of this Agreement to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of this Agreement remains in full force and effect.

Reservation of Rights

We reserve all rights not expressly granted to you.

Arbitration

If an arbitrator or court finds any provision of this Agreement to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of this Agreement remains in full force and effect.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Dispute Resolution

Governing Law

This Agreement will be governed according to the laws of the State of Washington, and all activities performed in connection with our services will be deemed to have been performed in State of Washington. Any controversy, dispute, or claim arising out of or relating to our services or this Agreement will be governed by and construed in accordance with the laws of the -State of Washington, except the provisions concerning conflicts of law.

Disputes

If a dispute arises between you and us, our goal is to learn about and address your concerns, so please send a message to support@tillfinancial.io. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly.

Arbitration

THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.

To resolve disputes in the most expedient and cost-effective manner, you and we agree that any dispute arising in connection with our services will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief on an individual basis that a court can award.

Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of our services, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of our services. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.

We both agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either of our right to (a) bring an individual action in small claims court, or (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.

Any arbitration between you and us will be governed by the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement. For information on the AAA, please visit its website, http://www.adr.org. Your arbitration filing fees will be governed by the AAA Rules. If it is determined by the arbitrator that you cannot afford such fees, we will pay all arbitration fees and expenses. If there is any inconsistency between any term of the AAA Rules and this Agreement, this Agreement will control.

Any arbitration hearings will take place at a location to be agreed upon in -State of Washington. -You or we may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a nonappearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of both you and us.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You agree that the enforceability of these arbitration provisions will be determined by the arbitrator as provided in the AAA Rules. You agree that the arbitration provisions of this Agreement in effect at the time of demand or action, and not the time of your or our alleged injury, will be the provisions that will be applied by the arbitrator or a court.

Except as otherwise agreed by the parties above, you agree that any claim that you have against us must be resolved by a court located in -the State of Washington. You agree to submit to the personal jurisdiction of the courts located in Suffolk County, for the purpose of litigating any claim.

Contact Information

Till wants to hear your comments, concerns, suggestions, or questions. Email Till at support@tillfinancial.io.