This is a contract between Jane Smith and Moves (US) Financial Inc. (“Moves”).
A. You will receive $1,000 USD as a business cash advance.
B. In return for this cash advance, Moves will receive $1,035 USD of your current and future business earnings (“BCA Amount”).
C. You will allow Moves to withdraw $103.50 USD from your account every week, starting no earlier than the 7th day following the $1,000 USD cash advance, using the pre-authorized debit form attached as Schedule 1 of this contract (“PAD”).
D. Withdrawals will continue until Moves receives $1,035 USD from your business, which is expected to be 10 weeks of withdrawals. If a withdrawal doesn’t happen as expected then you will be expected to work with us to bring your account back into good standing.
E. You will have your gig income automatically deposited into your Moves Spending Account, for at least the duration of the contract.
F. You promise not to deliberately stop Moves from accessing the accounts that you have linked (e.g. Argyle, Plaid, gig platform account) until Moves has received the $1,035 USD of business earnings. For example, you may not change a password to prevent Moves from accessing a linked account.
G. Violating the above is considered a breach of contract, and in such case, Moves reserves the right to immediately and without prior notification, collect the BCA Amount.
H. The maximum that can be recovered in a lawsuit about this contract (from either party) is $1,035 USD, no matter what the dispute is about.
I. Any legal dispute will be heard in the courts of Dover, Delaware, and the laws of Delaware will apply.
J. Moves may assign this agreement to another company, upon 10 days’ notice.
K. Communication about this agreement will be by email or in-app notification.
I authorize Moves (US) Financial Inc. to debit my account according to the contract between myself and Moves (US) Financial Inc.
This is a business Pre-Authorized Payment Agreement that authorizes Moves (US) Financial Inc. to debit the specified account. The payor and payee have mutually agreed to waive any Pre-Notification/Confirmation requirements.
For general questions or account inquiries, please visit https://movesfinancial.com/. If you have questions about this Pre-Authorized Payment Agreement, please contact Moves (US) Financial Inc. by email: [email protected]
You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Pre-Authorized Payment Agreement.
This Pre-Authorized Payment Agreement may only be modified upon 30 days’ notice. You may obtain a sample cancellation form, or further information regarding your right to cancel this Pre-Authorized Payment Agreement, at your financial institution.
This Pre-Authorized Payment Agreement concerns a method of funds transfer. Terminating this Pre-Authorized Payment Agreement does not terminate any agreements between you and Moves Financial Inc.
Moves (US) Financial Inc., and not any payment processor/financial institution used by Moves Financial Inc., is solely responsible for this Pre-Authorized Payment Agreement and the contract to which it relates.
NOTICE TO USER—PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This website and any application we associate with these Terms (together the “Site“) are provided by Moves Financial Inc. operating as Moves (“Moves“). Moves provides business services to approved members of the gig economy (together with the Site, the “Services”). The Site may provide information about our Services, allow you to submit an application for Services, and allow you to access certain information related to your use of our Services subject to these terms and conditions of use as amended from time to time (the “Terms“).
By using the Services, you are signifying that you have read, fully understand and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations as they may change from time to time.
To use the Services, you must be able to form legally binding contracts, and may be required to agree to additional terms or agreements that apply to the particular Services you request. In the event of any conflict between these Terms, and the terms or agreement that governs a particular Service, such as a business cash advance contract, the provisions of such terms or agreement that apply to the particular Service will govern to the extent of the conflict.
IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS YOU MUST REFRAIN FROM USING THIS SITE AND THE SERVICES.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.
Certain features and/or portions of the Services may be password-protected and may require you to complete a registration process and create an account (“Account”) in order to obtain access. When registering to use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. If you do not provide or update such information, or if we suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Account, username and/or password and prevent you from using the applicable Services, or any features or portions of the Services.
You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other Account identifiers that you choose or that are assigned to you; and (c) all activities that occur under such password(s) or Account(s). It is your responsibility to keep your username and any password confidential and secure. In the event that your Account, username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information specified below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us.
You are solely responsible for any and all activities which occur under your user Account.
MOVES GRANTS YOU A LIMITED LICENSE TO MAKE PERSONAL USE ONLY OF THE SITE. Moves owns or licenses the rights in and to the Site, all underlying software, HTML and other source code, the Site templates, introductory pages, covers and dividers including, but not limited to all copyrights, trademarks, trade secrets, patents and all other intellectual property rights thereto. Except as otherwise specifically provided in these Terms, you may not download or save a copy of the Site or any portion thereof for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed. Moves reserves all other rights not expressly granted herein.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Moves or other third party individuals or entities. Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Moves are the property of their respective owners, and, where used by Moves are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Site or any component of the Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Move’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.
Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created. The Site and the ability to contribute material (a “Contribution“) on this Site are provided to you solely for your information and enjoyment.
When you make a Contribution or otherwise use the Services, you agree not to use the Site or Services to upload, post, copy, reproduce, distribute or otherwise transmit any online information, including but not limited to any Contribution including, text, images, photos, logos or trademarks (the “Content“) in any way or to submit any material that:
You acknowledge and agree that the Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content and that you may not rely on any such Content. You must abide by all additional copyright notices or other restrictions contained on the Site. If you should violate any of the Terms of this Agreement, your right to use this Site may be discontinued without notice to you.
You agree that you shall not use the Site to:
Further, you agree that you shall not engage in prohibited or unauthorized use of the Site, or of Moves systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site.
By communicating with Moves, including submitting or sending a Contribution, Content, or other information, you grant to Moves the world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate, create compilations and derivative works from to reproduce and otherwise use such Contribution or Content for any or all commercial or other purposes as further determined by Moves. You hereby waive all moral rights in and to all Contributions or Content that you post on, upload or otherwise submit to or through, the Site in favour of Moves.
By using the Site and providing Content, you hereby acknowledge, agree, warrant and represent to Moves that any and all Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:
Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to Moves that:
You may be able to link to third parties’ web sites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Moves and Moves is not responsible for the content or any other materials of such Linked Sites or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of service and any other obligation of the Linked Site. Prior permission must be granted by us for any type of link to the Site.
Without limiting any other provision(s) of these Terms, you acknowledge and agree that Moves has no obligation whatsoever under these Terms or otherwise to correct any defects or errors in the Site or Services, or any component of the Services, regardless of whether you inform Moves of such defects or errors or Moves otherwise is, or becomes aware of, such defects or errors.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE SERVICES, AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE, AND/OR THE CONTENT ON THE SITE, WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF MOVES. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT MOVES HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MOVES. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
IN NO EVENT WILL MOVES, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS, INABILITY TO ACCESS OR USE OF THE SITE OR FOR ANY INJURY TO YOUR COMPUTER OR DEVICE, INCLUSIVE OF VIRUSES, OR FOR ANY OMISSIONS, INACCURACIES, DELETIONS OR ALTERATIONS ON THE SITE OR OF CONTENT, ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION OF CONTENT, DEFECT, THEFT, DESTRUCTION OR OUT OF INFECTION BY VIRUSES OR ANY OTHER DESTRUCTIVE PROPERTIES OR INTERRUPTIONS OR ERRORS ON THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Moves, its officers, directors, agents and employees (the “Releasees”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms. Moves reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Moves in asserting any available defense.
Our Site and Services are not intended for persons under the age of majority where they reside.
While we are under no legal obligation to actively screen or edit user Contributions or Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any user Contributions or Content, or to request a user to modify or edit his or her user Contributions or Content, if a complaint or notice of allegedly infringing materials is received with respect to the user Contributions or Content, or for any other reason in our discretion.
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, or any other intellectual property law, you agree to promptly report any alleged copyright, or trade-mark or other infringements taking place on or through Site by providing a written notice with the following information:
To complain about user Contributions or Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at: [email protected]
Changes may be made at any time to the information at this Site without prior notice. Unfortunately, there may be inadvertent errors on the Site from time to time. Please consult Moves for complete and up-to-date information on products and services.
For users who are not individuals residing in the province of Quebec, you agree that the laws of the province of Ontario and the federal laws of Canada applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Toronto in the province of Ontario in all disputes arising out of your use of the Site, the Services and any claim involving Moves or its employees, contractors, officers, directors, telecommunication providers and content providers.
For users who are individuals residing in the province of Quebec, you agree that the laws of the province of Quebec and the federal laws of Canada applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Montreal in the province of Quebec in all disputes arising out of your use of the Site, the Services and any claim involving Moves or its employees, contractors, officers, directors, telecommunication providers and content providers.
Moves makes no representation that the material available on the Site is appropriate or available for use in other jurisdictions.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms were last revised. In addition, if you have registered for an Account, where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. As required by law, or at our discretion, the notice will set out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of these Terms, as revised.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site or Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
As permitted by applicable law, when you communicate with us or enter these Terms electronically, such as online or via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed or in writing.
By using any of Moves’ trademarks, logos, designs or assets, you accept and agree to comply with the terms set forth in these Brand Guidelines, in the applicable Moves Terms & Conditions which are incorporated by reference (movesfinancial.com/legal/), in other Moves policies or as expressly permitted by Moves. You further acknowledge that Moves may take action against unauthorized or infringing use or use that does not conform to these Brand Guidelines.
Moves is the sole owner of the Moves trademarks, and you will not challenge or interfere with Moves’ rights in any of them, including challenging Moves’ use and registration of its Moves trademarks.
When you use the Moves trademarks, you must clearly identify that they are trademarks of Moves.
You will not use the Moves trademarks in a manner that implies that Moves has sponsored or endorsed the use without the express written permission or license from Moves.
You will not use or apply to register any of the Moves trademarks in part or in whole, or anything confusingly similar to the Moves trademarks, as a trademark, service mark, company name, trade name, domain name, or social media handle, profile, wallpaper, etc.
You will not harm, misuse, disparage, or dilute the Moves trademarks or tarnish Moves’ goodwill in them. Examples of misuse include: altering authorized color schemes and/or fonts, rescaling, obscuring, animating or otherwise distorting or mutilating the trademarks or logos.
All goodwill associated with your use of the Moves trademarks will inure exclusively to Moves.
Moves may modify these Brand Guidelines or revoke permission to use the Moves trademarks at any time.
Except for the limited right to use the Uber trademarks for the specified purposes under these Brand Guidelines, no other rights are granted, by implication or otherwise. Moves provides these Brand Guidelines “as is” and disclaims any warranties either expressed or implied by law regarding Moves’ trademarks, including warranties of non-infringement. These Brand Guidelines shall be governed by Ontario law, without regard to conflict of law principles, and the venue for any dispute or claim arising out of or in connection with these terms shall be in Ontario, Canada.
The following terms apply when you use a mobile application obtained from Google Play or the Apple App Store (an “App Distributor”): (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Android or Apple operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Moves is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country and (ii) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
You shall not transfer or assign any of your rights or obligations under this agreement. Moves may transfer, assign or sublicense any of its rights and obligations under this agreement to a third party. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.
Personal information is information about an identifiable individual, such as your name, address, your telephone number, email address, or financial information (“personal information”).
The personal information we may collect depends on how you choose to use our Site and Services.
We collect personal information when you voluntarily provide it through our Site, or when you apply for our Services, such as a loan, from time to time while you continue to use our Services, or when you provide it to us through other means.
For example, Moves collects personal information:
For information about how we collect technical information from your computer or mobile device, please see “How we collect information using technology”.
For example, we may use your personal information in the following manners:
We may also use personal information to provide customer service, for credit, or fraud prevention and to protect our company, our Site, and our customers. This includes investigating and remediating fraud or other suspected illegal activity. For example, we may use information to detect intrusions into our network. We might share our server logs, which contain visitors’ IP addresses, with investigative authorities who could use that information to trace and identify you.
We may also use personal information for any other purpose permitted or required by applicable law.
Personal information collected online may also be combined with information you have provided to Moves through other sources such as over the telephone.
We may also anonymize, aggregate or otherwise strip any personal information we collect of all personally identifying characteristics and may use or share that aggregated, anonymized data with third parties for any purpose we deem appropriate.
From time to time we engage unaffiliated third parties and their affiliates, agents and subcontractors (“Service Providers”) to perform services for us. For example, we work with Plaid to obtain information from your financial institution when you apply for our Services.
We reserve the right to transfer any personal information we have about you in the event that we or any part of our business merges with or is acquired by a third party, or if any such transaction is proposed.
We may also disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; or (iii) to protect our rights, safety or property. Lastly, we may disclose your personal information for any other purpose to which you consent, or which is permitted or required by law.
In addition to the personal information described above, we may collect information about your use of the Site through electronic tools such as cookies. Moves may automatically receive information from you or your device as part of your connection to our Site. This may include network routing information (where you came from), equipment information (browser type) and date and time.
The information that we or our service providers may collect through electronic means may include:
We may use this information and personal information to help us:
Most browsers provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the Site, except in some cases where cookies are used as an essential security feature necessary for transaction completion.
Embedded pixels. Moves may also use embedded pixel technologies on selected pages for the purposes of identifying unique user visits to the Site, as opposed to aggregate hits, and to identify the pages viewed.
If you receive commercial email from us, you may opt-out by using the ‘unsubscribe’ tool at the bottom of such messages. If you receive push notices from us, you may be able to turn off push notifications through your device settings
Moves uses a variety of security technologies and procedures, including organizational, technological, and physical measures to help protect your personal information from unauthorized access, use, or disclosure.
Personal information may be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above. Personal information we collect is managed from our offices in Toronto.
Even though Moves has taken steps to help ensure that your personal information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that we cannot fully eliminate security risks associated with personal information. No security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.
Some or all of the personal information we collect may be stored or processed outside of Canada or your jurisdiction of residence, including in the United States. Your personal information may be processed and stored in the United States and the governments, courts or law enforcement or regulatory agencies of the United States may be able to obtain disclosure of your personal information through a lawful order made where the information is located.
By providing us with personal information, you understand and expressly agree that we may transfer it outside of Canada or your jurisdiction of residence. If you do not agree to the transfer of your personal information outside of Canada or your jurisdiction of residence, do not provide us with personal information.
You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you would like to have access to the personal information Moves has about you, or if you would like to have it corrected, please contact us using the contact information provided below. In some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons.
To help protect against fraudulent requests for access to your personal information, we may ask you for information to allow us to confirm that the person making the request is you or is authorized to access your information before granting access. For example, we may require you to verify your identity before you access your personal information.
We do not intend to collect information from children who are under 13 years of age. If you are under 13, please do not provide us with any information.
If you are the parent or legal guardian of a child who has provided us with personal information, you may ask to review or delete this information.
Please advise us by contacting our Privacy Officer by email at [email protected].
In this agreement, “we,” “us,” “our,” and “Moves” mean Moves (US) Financial Inc. “You” and “your” refer to the business entity signing up for a Moves account or using a Moves product. “Communications” means disclosures, notices, agreements, fee schedules, privacy policies, statements, records, documents, and other information we provide to you, or that you sign and submit or agree to at our request.
Moves is dedicated to providing the best online banking experience possible, including providing information to you electronically. By accepting this agreement, you agree that you are willing and able to receive Communications in electronic form, and consent to receive Communications in electronic form. If you do not give your consent to receive Communications in electronic and not paper form, you may not open a Moves account. If you withdraw your consent to electronic Communications at any point after providing consent hereunder, we reserve the right to terminate your Account.
We will deliver Communications to you electronically, either through the Moves website www.movesfinancial.com (“Website”); the Moves mobile app (“App”); text or SMS messages (“Text Messages”); or through electronic mail (“E-mail”). If we do not deliver Communications to you through the above manners, we will tell you where you can go to receive such Communications.
We may be required by law to deliver certain Communications to you on paper even though you have consented to receive it electronically.
To receive and retain electronic Communications from Moves, you will need the following:
● A computer or mobile device with an operating system that supports everything below:
● An internet connection;
● A current version of a web browser that we support, including: Edge version 42 or higher, Firefox version 62 or higher, Safari version 12 or higher, or Chrome version 69 or higher;
● A hard drive or other method of storing data;
● A valid, active email address; and
● A current version of a program that displays PDF files.
We may update these requirements periodically in order to maintain our ability to provide electronic Communications; if these requirements change in a substantial way, we will notify you of the changes.
It is your responsibility to maintain accurate and current contact information so that we may send you electronic Communications. Please use an email that is active and that you check regularly. You can change your email address through your account dashboard.
We may choose to make paper copies of certain electronic Communications available upon request, but assume no obligation to do so. You may obtain a paper copy of an electronic Communication by printing it or by requesting we mail a paper copy. You may make requests for paper copies by emailing us at [email protected].
We are required by law to give you certain information in writing. All Communications delivered to you in either electronic or paper format will be taken as information delivered “in writing.”
You have the right to withdraw your consent to this agreement at any time. Withdrawing consent will terminate your Moves account, including access to our Website and Mobile App. A balance refund may be issued to you upon account termination in accordance with the Moves Financial (US) Inc. Business Spending Account Agreement.
You may withdraw consent by emailing us at [email protected].
Please read this Moves (US) Financial Inc. Business Spending Account Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement contains the general terms, conditions and disclosures related to the demand spending account (the “Account”) made available to eligible businesses by Moves (US) Financial Inc. (“Moves” or the “Program Partner”), the program partner responsible for managing the Account program, in partnership with Blue Ridge Bank, N.A.
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, Moves acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the commercial owner of the Account, as well as your Authorized Users, representatives, officers, agents and successors.
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 6 OF THIS AGREEMENT.
1.1 How to Contact Us
You may contact us with any questions or concerns regarding your Account. All communication between you and us will be handled by the Program Partner. The best way to contact us is through Email at [email protected]. You may also contact us by submitting a Member Support Ticket through the Moves website and/or mobile application.
1.2 Type of Account and Eligibility
The Account is a non-consumer demand deposit account used to hold your business deposits and make certain types of payments and transfers. To open an Account, you must be a sole proprietorship, corporation, unincorporated association, limited liability company, limited liability partnership, or partnership (collectively, “Business Entity”) within the fifty (50) United States and the District of Columbia. Other eligibility requirements may apply. This Account may only be used for business purposes and cannot be used for any personal, family or household purposes.
We may decline to open an Account for any or no reason at the sole discretion of the Bank or Moves. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.
1.3 Online or Mobile Access To Your Account
When you open an Account, you will also be enrolled in an online business banking service or mobile application (collectively, “Online Banking Services”) offered by the Program Manager that you can use to access your Account, view information about your Account and conduct certain transactions. You may also be given access to various features through the Online Banking Services separate from your Account.
1.4 Paperless Account
To open an Account, you must agree to go “paperless.” This means that you must (1) provide us with and continue to maintain a valid email address and (2) accept electronic delivery of all communications that we need or decide to send you in connection with your Account by agreeing to our Electronic Disclosure and Consent Agreement, available at www.movesfinancial.com/legal/disclosure/.
1.5 Authorized Users
You may be given the ability to designate additional individuals (“Authorized Users”) who you authorize to access your Account and/or conduct transactions through your Account. By establishing an Authorized User, you understand that any transaction authorization, instruction or any other action concerning your Account that your Authorized User engages in shall be deemed authorized by you and valid and we are under no obligation to investigate the authorization, instruction or activity. You also agree that you will not hold us liable for acting upon any such authorization, instruction or activity. We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to your Account by notifying us by email at [email protected] or by completing a Member Support Ticket through the Online Banking Services. We also reserve the right to terminate your Authorized User’s access to the Account for any reason.
1.6 How To Open an Account
To open an Account, you must complete an application through the Online Banking Services. This application will ask for personal information and require you to verify you are a “gig worker” by connecting to your gig platform account through a service called Argyle. Completing an application does not guarantee that we will allow you to open an account.
Any person completing the Account opening process or otherwise completing any Account opening requirements represents and agrees that they:
We may refuse to recognize any resolution affecting the Account that appears to us to be incomplete or improperly executed.
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 identifying each person who opens an Account. This means that when you open an Account, we will ask for information that allows us to identify you. We may also ask for a driver’s license or other identifying documents (e.g. corporate documents, government-issued identification of people involved) for your business, Authorized Users, account owners, and your officers, directors, beneficial owners, controlling shareholders and others.
1.7 Minimum Deposits and Balances
There is no minimum deposit required to open an Account and no minimum balance you need to maintain in your Account.
1.8 Interest Disclosures
This Account is not interest-bearing. No interest will be paid on this Account.
You agree that we may honor and rely upon the instructions or the execution, delivery and/or negotiation of any check, substitute check, draft, withdrawal order, instruction or similar instrument (collectively, “items”) or document by any of your authorized agents regardless of the necessity or reasonableness of such action, the circumstances of any transactions affected by such action, the amount of the transaction, the source or disposition of any proceeds and regardless of whether the relevant items or documents result in payment to the authorized agent or an individual obligation of the authorized agent or anyone else. “Authorized agents” include Authorized Users and any person who has signed a signature card, who is authorized by this Agreement, any resolution or otherwise to access or use the Account. It also includes any person who has been permitted by you or another authorized agent to act on your behalf in dealing with us.
You agree that you may not deny the authenticity, validity, binding effect and authorization of any action we take in reliance upon the instructions, items or documents provided by an authorized agent unless you have previously revoked such person’s authority to access or use your Account by emailing us at [email protected] or completing a Member Support Ticket through the Online Banking Services and we have confirmed our acceptance of your notice.
1.10 Power of Attorney and Attorneys-In-Fact
We may allow you to give another person (known as an “attorney-in-fact”) power of attorney to act on your behalf for your Account. You must obtain written approval from us before we will honor any power of attorney. Email us at [email protected] for approval if you plan to create a power of attorney. Please be aware that it may take up to two weeks for us to review your request. If approved, we will honor orders and instructions from your attorney-in-fact until (1) we receive a written revocation from you; (2) we are notified that you or your attorney-in-fact have died or become incapacitated; or (3) we terminate our acceptance of the power of attorney. We may terminate our acceptance at any time, for any reason and without notice to you, and you agree not to hold us liable for any damages that may result from such action. You also agree to hold us harmless for any actions we take based on the instructions of your attorney-in-fact, including if it is later determined that your power of attorney was invalid or improperly executed.
1.11 Death or Incapacitation
You agree that if we receive notification or if we have reason to believe that you or any Authorized User has died or become legally incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identify of your successor. Until we receive notice and any required proof of death or incapacitation, we may continue to accept deposits and process transactions to your Account. Your estate will be responsible for repaying us for any tax liability resulting from payment of your account balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice.
1.12 Our Relationship With You
By opening an Account, we are establishing an Account relationship with you and committing to act in good faith and to the exercise of ordinary care in our dealings with you as defined by the Uniform Commercial Code as adopted by the State of Virginia. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us.
1.13 Third-Party Service Providers
1.15 Cell Phone Communications
By providing us with your telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control and training purposes.
1.16 Our Business Days
Our business days are Monday through Friday, excluding federal holidays.
2. Your Account Responsibilities
We strive to keep your Account secure and provide you with tools and services to help you manage your Account. However, there are certain things you should do to protect your Account and your funds.
2.1 Notify Us If Your Information Changes
You must notify us immediately if there is a change to your business or trade name, the names of any individual or Authorized User with access to your Account, telephone number, mailing address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account.
2.2 Keep Track of Your Transactions and Available Balance
It is very important that you keep track of your transactions and the funds in your Account that are available for you to use (“Available Balance”) by reviewing your transaction history. It is also important to understand that your Available Balance may not reflect transactions you have authorized that have not yet been presented to us for payment.
You are also responsible for reviewing your Account statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us promptly to avoid losing your money. Please refer to Sections 3.10, 4.5, 4.6, and 5.10 for information concerning errors and unauthorized activity.
2.3 Protect Your Account Information
It is very important that you protect your Account information to prevent unauthorized transactions and fraud. Keep your Account number, debit card and statements secure at all times, and be careful about who you share this information with. If Moves provides you with access to Online Banking Services, make sure to also keep your computer or mobile device secure at all times, avoid accessing the Online Banking Services when others can see your screen, and avoid online screen sharing when accessing the Online Banking Services.
If your Account number, debit card, mobile device or Online Banking Services login credentials are lost or stolen, notify us immediately to keep your losses to a minimum. Please refer to Section 4.5 for information and applicable deadlines for notifying us of losses or theft.
3. General Rules Governing Your Account
You understand that any payment instruction or activity performed using any Online Banking Services provided to you by Moves shall be deemed authorized by you and valid and we are under no obligation to investigate the instruction or activity.
3.1 Deposits Into Your Account
You may make deposits into your Account using any of these methods described below. We do not charge you any fees for making deposits.
Limitations for Your Account
$1,000 per day
Internal transfers between eligible accounts managed by Moves
ACH transfers to your Account from a linked bank account with another institution**
$1,000 per day
* The recipient’s name on any direct deposit or ACH transfer must match the name on the Account or the deposit may be returned to the originator.
** You may transfer funds between your Account and another bank account. The linked bank account must be located in the United States.
We do not accept deposits by mail, or cash, paper check or foreign currency deposits: We are not liable for deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us.
§ Cash: We do not accept deposits made in cash. If you mail us a cash deposit, we will send the cash back to you.
§ Paper Checks: If you mail a paper check to us, including personal or business checks, money orders or cashier’s checks, we may apply the check to any negative balance you may have on your Account or send the check back to you.
§ Foreign Currency: We do not accept any deposits in foreign currency. Any deposits received in foreign currency, whether in the form of cash or check, will be sent back to you.
We will send all items back to the address we have for you on file and we are not liable if you do not receive the items.
You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject to any lien, claim or encumbrance.
For more information about deposits and when funds from a deposit will be made available to you, please refer to Section 3.2.
3.2 Our Funds Availability Policy
It is our policy to make deposits made to your Account each business day available for withdrawal according to the table below. The end of the business day is referred to as the “deposit cut-off time”. If you make a deposit before our cut-off time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cut-off time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.
If you make a deposit via…
The cut-off time is…
And those funds are available…
Internal transfer between two Accounts you have with us
3:00 PM ET
Same business day
The availability of funds transferred to your Account from a linked bank account held by another financial institution follow different rules. Please refer to Section 3.6 for more information.
3.3 ACH Credit Transactions and UCC Article 4A
Credit given by us with respect to an ACH credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive final settlement, you acknowledge and agree that we are entitled to a refund of the amount credited to you in connection with the ACH credit entry, and the party making payment to you via such entry shall not be deemed to have paid you in the amount of such entry.
Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your Account, we are not required to give next day notice to you of receipt of an ACH item and will not do so. However, we will continue to notify you of the receipt of ACH items through your Account statements.
We may accept on your behalf payments to your Account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Virginia, unless otherwise specified in a separate agreement that the law of some other state shall govern.
3.4 Problems that Could Occur With Deposits
If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer, or error without prior notice to you. If there are insufficient funds in your Account at the time, your Account may become overdrawn. Please refer to Section 3.11 concerning overdrafts for more information.
3.5 Transfers To or From Two Accounts You Have With Us
If we allow you to have more than one account with Moves, you may transfer funds from one Account in your name to another account in your name held by us that is managed by Moves (an “internal transfer”). There are no limits on the number of internal transfers you may make, and internal transfers are immediately available.
3.6 Withdrawals From Your Account
You may withdraw funds up to the amount of your Available Balance in your Account using any of the following methods. Special limitations apply to withdrawals for New Accounts. An Account is considered a New Account for the first thirty (30) days following the date of the first transaction on your Account.
Limitations for Your Account
Internal transfers between eligible accounts managed by Moves
ACH transfers from your Account to a linked bank account at another institution*
$1,000 per day
ACH transfer to a merchant or other third party you authorize to withdraw from your Account using your routing number and account number
$1,000 per day
$500 per day
POS transactions and other transactions at merchants
$2,500 per day
* You may transfer funds between your Account and another bank account. The linked bank account must be located in the United States.
If you have been issued a debit card for your Account, there may also be limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any applicable limitations and other terms.
You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Account.
Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity, to prevent illegal activity, or to comply with applicable laws. We may refuse the transaction if you do not comply with our request.
3.7 Transfers To or From Linked Bank Accounts
You may be provided with the ability to link another bank account you have with another financial institution (“linked bank account”) to your Account with us in order to make inbound and outbound ACH transfers between the linked bank account and your Account through the Online Banking Services. An “inbound transfer” moves funds into your Account from a linked bank account. An “outbound transfer” moves funds from your Account to a linked bank account.
For inbound transfers, we will debit your linked bank account and credit your Account with us on the next business day after you initiate the transfer. The funds you transfer to your Account will be made available to you on the fifth (5th) business day after the funds have been credited to your Account.
For outbound transfers, we will debit your Account with us and credit your linked bank account on the next business day after you initiate the transfer. The financial institution that holds your linked bank account determines when those funds will be made available to you in your linked bank account.
The cut-off time for outbound transfers is 3:00 PM ET. Transfer requests that you make on a business day before the cut-off time will be considered initiated on that day. Transfer requests that you make after the cut-off time, or on a day that is not a business day, will be considered initiated the following business day.
There are limits to the dollar amount of inbound and outbound transfers you can make. Please see sections 3.1 and 3.6.
You agree that you will only attempt to link a bank account for which you have the authority to transfer funds. You also agree to indemnify and hold us harmless from any claims by any business or person related to the linked bank account, including any other owner of the linked bank account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account.
3.8 No Illegal Activity, Internet Gambling and Right to Refuse Transactions
You must not use your Account for any illegal purposes or, regardless of whether it is legal or illegal, for internet gambling. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity, online gambling or for any other reason at our discretion.
3.9 How We Post Transactions To Your Account and Determine Your Available Balance
3.9.1 Posting Overview
To understand how we post transactions to your Account, it is important to first understand the difference between your Available Balance and your ledger balance. Your Available Balance is the amount of money you have in your Account at any given time that is available for you to use. Your ledger balance is the balance in your Account at the beginning of the day after we have posted all transactions to your Account from the day before. We use your Available Balance to authorize your transactions throughout the day and determine whether you have sufficient funds to pay your transactions. Here are some additional terms that are helpful to understand:
§ Credit and debit – A credit increases your balance and a debit decreases your balance.
§ Post or posted – Transactions that are paid from or deposited to your Account. Posted transactions will either increase or decrease both your Available Balance and your ledger balance.
§ Pending – Transactions that we receive notice of and are scheduled to post to your Account. Pending transactions affect your Available Balance, but not your ledger balance.
§ Card authorization and settlement – When you use a debit card to make a purchase, the transaction occurs in two steps: card authorization and settlement. Card authorizations reduce your Available Balance, but not your ledger balance. Settlement reduces both your Available Balance and your ledger balance. Card authorizations are removed when settlement occurs or after a certain number of days have passed, whichever is sooner. Please see Section 3.8.4 for more information about card authorizations and settlement.
3.9.12 Posting Order
We receive transactions throughout the day and post them to your Account as they are received and in the order that they are received. If you have been issued a debit card, note that debit card transactions are considered received when the merchant requests settlement, which may occur several days after you authorize the transaction. See Section 3.9.4 for additional information.
We may change the order in which we post transactions to your Account at our discretion and without notice to you. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Account to cover all transactions and any applicable fees.
3.9.3 Determining Your Available Balance
To determine your Available Balance, we start with your ledger balance at the beginning of the business day, add any pending credits or deposits that we make available to you, and subtract any card authorizations and pending debits. All transactions are debited or credited from your Available Balance in the order received.
You can check your Available Balance through the Online Banking Services. Keep in mind that your Available Balance may not reflect every transaction you have initiated or previously authorized. For example, your Available Balance may not include transactions you have authorized that we have not received.
3.9.4 Debit Card Authorizations
If you are issued a debit card with your Account, you will be able to use your card to pay for goods or services or conduct other transactions with a merchant. When you engage in a transaction with a merchant using your debit card, the merchant will request preauthorization (“card authorization”) for the transaction. If there are sufficient available funds in your Account, we will approve the request and reduce your Available Balance for as long as the card authorization remains on your Account.
Your Available Balance will generally be reduced by the amount of the card authorization.
The card authorization will remain on your Account until the merchant sends us the final amount of the transaction and requests payment (“settlement”). In most cases, if the merchant does not request settlement, or the merchant is delayed in requesting settlement, the card authorization will automatically be removed after three (3) days. However, certain merchants such as hotels may hold for a period of up to seven (7) days.
It is important to understand that the merchant controls the timing of card authorizations or settlement. A merchant may request settlement after the card authorization has been removed from your Account. This means that if you use the funds in your Account after the card authorization has been removed and the merchant later requests settlement, your Account may become overdrawn. A merchant may also request settlement for an amount that is different than the card authorization. Therefore, it is important that you keep track of your transactions and your balance. Once we have approved a card authorization, we cannot stop the transaction and you will be responsible for repaying any negative balance that may occur.
Statements will periodically be provided to you through the Online Banking Services as long as your Account is not inactive. You will receive a statement monthly as long as you have transactions on your Account during the statement period. If there were no transactions on your Account, we may not provide you with statements or may provide you with statements on a less frequent basis. You will not receive paper statements.
3.11Errors On Your Account and Limitations of Liability
You agree to carefully review your statements and promptly report to us any errors or unauthorized activity by email at [email protected] within thirty (30) days after we make the statement available to you. Unless otherwise specified in this Agreement or required by law, if you do not provide us with timely notice of an error or unauthorized activity, we will deem our records concerning your Account to be correct and you agree that we will not be liable to you for any loss you suffer relating to the error or unauthorized activity. You further agree that we may debit or credit your Account at any time and without notice to you to correct an error or address unauthorized activity.
In any case, our maximum liability to you will never exceed the amount of actual damages proven by you. Our liability may also be further reduced by the amount of the loss that is caused by your own negligence or lack of care, as well as any recovery of the loss you obtain from third parties. Please refer to Section 4 for additional information concerning errors and unauthorized transactions involving electronic fund transfers and related limitations of liability. There may also be other limitations of liability contained in this Agreement.
3.12 Overdrafts, Nonsufficient Funds and Negative Balances
We do not permit you to overdraw your Account. If the Available Balance in your Account is not sufficient to cover any transaction you have authorized, we may return the transaction or refuse to process the transaction. However, there may be instances where your Account can still go into the negative, such as if a deposit you make is returned. You must make a deposit immediately to cover any negative balance. If your Account has a negative balance for 60 calendar days or more, we may close your Account.
3.13 Closing Your Account and Account Suspensions
You can close your Account at any time and for any reason by Email at [email protected]. We reserve the right to refuse your request if you have a negative balance on your Account. We recommend that you transfer or withdraw any funds you may have in the Account prior to submitting a request to close the Account to avoid delays in receiving your funds.
We may also suspend or close your account at our discretion with or without notice. This includes if we believe you are using your Account for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us or Unit, or if you otherwise present undue risk to us or Unit. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Account.
If your Account is closed, we will return any funds you may have in the Account to you by ACH transfer to another bank account or by paper check. The closure of your Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration).
3.14 Dormancy, Inactivity and Unclaimed Property
State law and our policy govern when your Account is considered dormant. Your Account is usually considered dormant if you have not accessed your Account, communicated to us about your Account or otherwise shown an interest in your Account within the period of time specified under applicable law. Each state has varying laws as to when an account becomes dormant, and we may be required to send the balance in your Account if it becomes dormant to the state of your last known address. We will make reasonable efforts to contact you if required by applicable law before transferring the remaining balance of your Account to the applicable state. After we surrender the funds to the state, you must apply to the appropriate state agency to reclaim your funds. You can avoid the surrender of your funds by simply conducting transactions, contacting us about your Account or replying to any abandoned property notices we may provide to you.
We may also place your Account in an inactive status if you have not had any transaction for at least six (6) months. If your Account becomes inactive, you may not receive statements or be able to conduct certain transactions. Inactive Accounts must be reactivated to regain full access to the Account. Contact us by email at [email protected] to reactivate your Account.
3.15 Account Fees and Fee Schedule
You agree to pay all fees and charges applicable to your Account. All fee amounts will be withdrawn from your Account and will be assessed regardless of whether you have sufficient funds in your Account, except where prohibited by law. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.
Fee Amount and Frequency
Monthly service fee
Minimum balance fee
Stop payment fee
Outbound ACH transaction fee
Inbound ACH transactions are provided for free
Returned deposit fee
ATM transaction fee
You may also be charged a fee, including for balance inquiries, by the ATM operator or other third party.
Foreign ATM transaction fee*
You may also be charged a fee, including for balance inquiries, by the ATM operator or other third party.
* A “foreign” ATM is an ATM located outside of the United States and its territories.
4. Electronic Fund Transfers
Your Account allows you to withdraw funds up to the Available Balance or make deposits through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ACH transfers, debit card transactions and direct deposits. This Section provides you with information and important disclosures and terms about the EFTs that are permitted on your Account. You may also receive additional services through Online Banking Services provided by Moves, that allow you to initiate EFTs to and from your Account that are not described in this Agreement. You will be provided separate agreements and disclosures applicable to those services by Moves.
4.1 Types of EFTs Supported by Your Account
Your Account allows the following types of EFTs:
§ Direct deposits from a third party or other source of income
§ Transfers to or from your Account to or from a linked bank account (see Section 3.6)
§ Transfers to or from your Account to a merchant or other third party by providing the third party with your Account routing number and account number
§ Purchases or other transactions using your debit card
§ ATM withdrawals using your debit card or ATM card
4.2 Limitations on EFTs
There are limitations on the frequency and amount of transactions you can make to or from your Account. These limits are different for each type of transaction. For limits that apply to transactions that credit or deposit funds into your Account, please refer to Section 3.1 concerning deposits. For limits that apply to transactions that debit or withdraw from your Account, please refer to Section 3.5 concerning withdrawals. For limits that apply to transfers to or from your Account from a linked bank account, please refer to Section 3.6. These security-related limits may change from time to time.
If you have been issued a debit card or ATM card for your Account, there may also be transaction limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any limitations and other terms.
4.3 Documentation of Your Transactions
We will provide you information about each transaction that debits or credits your Account on your statements. Please refer to Section 3.9 for information about statements. You may also be able to view your transaction history and other information through Online Banking Services provided to you by Moves. You may also contact us via email at [email protected] for information concerning your Account or your transactions.
If you are provided with a debit card or ATM card, you can get receipts at the time you make a withdrawal at an ATM or a purchase at a point-of-sale terminal when using your card.
4.4 Preauthorized Transfers, Stop Payments and Notices of Varying Amounts
If you authorize us or another company or person to withdraw from your Account on a regular basis (such as when you sign up for “autopay” to pay a recurring bill or invoice), it is called a Preauthorized Transfer. You may request that we place a stop payment on Preauthorized Transfers, as well as get notification when the amount of a particular withdrawal will be different from the amount of the last withdrawal.
4.4.1 How to Request a Stop Payment
If you authorize a third party to take payments from your Account on a regular basis through a Preauthorized Transfer, you can place a stop payment on those payments by contacting us by email at [email protected] at least 3 business days before the next payment is scheduled to be made.
You must provide us with (1) your name, (2) your Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.
4.4.2 Notices of Varying Amounts
If these regular payments vary in amount, the person or company you are paying will tell you ten (10) days before each payment when it will be made and how much it will be. You may be given the option to only get this notice when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
4.5 Questions About Your EFTs and Reporting Errors or Unauthorized EFTs
You may contact us at [email protected] with questions concerning EFTs that occur on your Account.
You may also contact us using those methods to report errors or unauthorized EFTs. Be sure to contact us immediately if you believe that an error or unauthorized EFT has occurred or may occur concerning your Account, or if your Account number, debit card or Online Banking Services login credentials have been lost, stolen or compromised. You must contact us no later than 30 days after we sent the FIRST statement on which the error or unauthorized EFT appeared. You must provide us with the following information:
After receiving your notice of error or unauthorized EFT, we will investigate and provide you with the results and any corrections we make to your Account within a commercially reasonable time.
4.5 Our Liability for a Failure To Complete A Transaction, Unauthorized Transactions or Failure to Stop a Payment
We will respond to notices of errors or unauthorized EFTs and requests to stop payments in a commercially reasonable manner and time. You agree that in no event will we be liable in an amount exceeding the lesser of $5,000 or the actual amount of your loss. You also agree that we will not be liable for any amount of loss that you may incur if you:
§ Do not tell us about an error or unauthorized EFT within thirty (30) days after the first statement showing the error or unauthorized EFT is made available to you; or
§ If you do not provide us with the information necessary to place a stop payment on a Preauthorized Transfer in a timely manner.
In addition, we are not liable for any losses you may incur in any of the following circumstances:
§ If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours.
§ If the ATM you use does not have enough cash.
§ If the failure is due to an equipment or system breakdown, such as a problem with the Online Banking Services provided by Moves, that you knew about before you began a transaction.
§ The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken.
§ If your funds are not available due to a hold or if your funds are subject to legal process.
§ If we do not complete a transaction because we or Unit has reason to believe the transaction is unauthorized or illegal.
§ If your Account is closed or inactive.
§ There may be additional exceptions stated in our or Unit’s agreements with you or permitted by law.
5. Other Legal Terms and Conditions
5.1 No Assignments
Your Account and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We may assign our rights and delegate our duties under this Agreement to any other party.
5.2 Legal Processes and Claims Affecting Your Account
If we receive a levy, attachment, or other legal process against you (collectively, “Legal Process”), we may refuse to permit withdrawals or transfers from your Account until the Legal Process is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Account. If we receive a claim against the funds in your Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in your Account, we may, in our discretion: (1) place a hold on your Account and refuse to pay out any funds until we are satisfied that the dispute is settled; (2) close your Account and send the balance to the named account holder; (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.
5.3 Limitation of Liability and Disclaimer of Warranty
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BLUE RIDGE BANK, N.A. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR UNIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, BLUE RIDGE BANK, N.A. IS NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF ANY ONLINE BANKING SERVICES PROVIDED TO YOU BY MOVES (US) FINANCIAL INC. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
You agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Equally, you agree to indemnify and hold Unit and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
5.5 Our Right of Set-Off and Security Interest
We have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in your Account or any other account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Account to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in your Account or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required by law.
If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Account for our losses without prior notice to you.
5.6 Changes in Terms and Additional Services
We may change this Agreement, or any fees and features of your Account, at any time by posting an amended Agreement on Moves’s website, www.movesfinancial.com/legal, and any such amendment shall be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.
If we make any of our other banking services available to you in connection with your Account, we may provide certain terms and conditions for those additional services to you in a separate agreement or disclosure.
5.7 No Waiver of Rights
We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.
5.8 Conflicts and Section Headings
If there is a conflict between this Agreement and any other document or statement made to you concerning the Account, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Account, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement.
In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.
5.10 Governing Law, Forum and Time Limits
All actions relating to your Account and this Agreement will be governed by the laws and regulations of the United States and the State of Virginia where your Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in Virginia and that you will be subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Virginia law, or another agreement you have with us, provides for a shorter time. If federal or Virginia law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
6. Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
6.1 Election to Arbitrate
You, Moves, and the Bank agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 6 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
6.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
6.3 Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at [email protected] and provide us with the opportunity to resolve your concern prior to initiating arbitration.
6.4 Arbitration Procedures
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
6.5 Arbitration Fees
If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
6.7 No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 7.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 7.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
6.8 Survival and Severability of Arbitration Provision
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 6.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 6.7 are finally adjudicated pursuant to the last sentence of Section 6.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
6.9 Judicial Forum for Claims
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and the Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Virginia. Both you and the Bank consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
6.10 WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Please read this Moves (US) Financial Inc. Cardholder Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement applies to all transactions resulting from the use of your Debit Card (the “Card”) through an automated teller machine (ATM), a Point-of-Sale (POS) terminal or any other use of the Card(s), whether electronic or not, which has been made available to you by Moves (US) Financial Inc.] (“Moves” or the “Program Partner”), the program partner responsible for managing the Card program, in partnership with Blue Ridge Bank, N.A. (the “Bank”), member of the Federal Deposit Insurance Corporation (“FDIC”).
Please read this Agreement carefully and keep it for your records. The agreement you make with us, and the rights and obligations we both have, are governed by and interpreted according to the Commonwealth of Virginia and federal law. This Agreement, together with other agreements or disclosures you may receive from us, such as the Moves (US) Financial Inc. Business Spending Account Agreement (“Account Agreement”), establishes our and your rights and obligations.
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Partner acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the owner of the Account, as well as your personal representatives, executors, administrators, and successors.
You authorize us to pay from your deposit account (“Account”) the total amount of any transaction originated by proper use of the Card. You also agree that the use of the Card described in this Agreement shall be subject to the rules, regulations and fees governing each deposit account which is accessed by such Card, including but not limited to the Bank’s right of set-off.
1. Activating the Card and Setting a PIN
1.1 Card Agreement Acceptance and Card Activation
This Card requires activation before you may use it. You may activate the Card by following the instructions provided with your Card. Your activation and use of the Card means that you agree to the terms and conditions described in this Agreement.
If you do not want to activate the Card, you should cut the Card in half and dispose of it.
1.2 Personal Identification Number (PIN)
You will be required to select a 4-digit personal identification number (PIN) prior to using the Card for the first time. The 4-digit numerical PIN issued to you is for security purposes. The PIN represents your signature authorizing transactions made using your Card, identifies the bearer of the Card, and serves to validate and authenticate the directions given to complete the Card transactions.
YOU ARE RESPONSIBLE FOR SAFEKEEPING YOUR PIN. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS SO NO ONE ELSE LEARNS YOUR PIN AND YOU AGREE NOT TO DISCLOSE OR OTHERWISE MAKE YOUR PIN AVAILABLE TO ANYONE NOT AUTHORIZED TO SIGN ON YOUR DEPOSIT AND/OR LOAN ACCOUNT(S).
Your PIN should NOT be written on the Card or anywhere it is available to others for use by lawful and/or unlawful means.
1.2 Permissible Uses of Your Card
You agree that you will use the Card only for business purposes and it will not be used for personal, household or family purposes.
2. Use of the Card
2.1 No Secondary Cardholders
The Card is solely for your use and you may not request an additional card for another person. If you give anyone else access to your Card, we will treat any transaction they initiate as authorized by you, and you will be responsible for all transactions and fees that occur.
2.2 ATM and Point-of-Sale PIN Withdrawals
With your PIN, you can use your Card to obtain cash from your Account up to your Available Balance at any ATM or any Point-of-Sale (“POS”) device in the United States that displays the Visa, VisaATM, Plus, Interlink, or Accel acceptance marks. Not all merchants will permit you to get cash back through their POS devices.
If you use an ATM, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third-party fee assessed by the individual ATM operator only and is not assessed or controlled by us. This ATM fee amount will be charged to your Account in addition to any applicable fees disclosed in this Agreement or your Account Agreement.
2.3 Retail Card Purchases
You may use your Card to make purchases using your PIN at any merchant with a POS device anywhere that displays the Visa, VisaATM, Plus, Interlink, or Accel acceptance marks. You may also use your Card to make purchases without your PIN anywhere that Visa debit cards are accepted.
2.4 Split Transactions
You can instruct a merchant to charge your Card for part of a purchase and pay any remaining amount with cash or another card. This is called a “split transaction.” Some merchants do not permit split transactions. If you wish to conduct a split transaction, you must tell the merchant the exact amount you would like charged to your Card. If you fail to inform the merchant you would like to complete a split transaction and you do not have sufficient available funds in your Account to cover the entire purchase amount, your Card is likely to be declined.
2.5 Card-Not-Present Transactions
You may make retail card purchases without presenting your Card by providing information from your Card, such as transactions done by internet or telephone. Conducting transactions in this way has the same legal effect as if you used the plastic Card itself. For security reasons, the amount or number of such transactions you may make may be limited.
2.6 Virtual Card Use
You may also be given the option to receive a virtual card (“Virtual Card”) represented by a 16-digit card number, a 3-digit card verification value (“CVV”) number, and an expiration date. The Virtual Card is separate from your physical Card and can be managed through the Online Banking Services described in your Account Agreement. We may issue you a replacement Virtual Card when it expires. The Virtual Card accesses the available funds in your Account to make card-not-present transactions (see Section 2.5) anywhere Visa debit cards are accepted in the same way as your physical Card. The Virtual Card can also be added to a digital wallet (see Section 2.7) in the same way as your physical Card. Your use of the Virtual Card is subject to the terms of this Agreement, including transaction limitations, to the same extent as your physical Card.
2.7 Use of the Card with Digital Wallets
A digital wallet (“Wallet”) provides another way for you to make purchases with your Card. A digital wallet is a service provided by another company (such as Apple Pay, Android Pay, Samsung Pay, etc.), that allows you to use your Card to enter into transactions where the Wallet is accepted. A Wallet may not be accepted at all places where your Card is otherwise accepted, and your Card may not be eligible for all the features and functionalities of the Wallet. Any use of your Card in or through the Wallet continues to be subject to all terms and conditions of this Agreement. We may terminate your access to or use of your Card with a Wallet at any time and for any reason, including if you violate any of the terms or conditions of this Agreement.
You can add or remove your Card from a Wallet by following the instructions provided by the Wallet provider. By doing this, you agree to allow us to share your Card information with the Wallet provider. You may be required to take additional steps to authenticate yourself before your Card is added to the Wallet. We do not charge you any additional fees for adding your Card to a Wallet or for using your Card in the Wallet. However, any fees and charges that would apply when you use your Card outside the Wallet will also apply when you use a Wallet to make purchases with your Card or otherwise access your Card. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees. The digital version of your Card in a Wallet may, in our sole discretion, be automatically updated or upgraded without notice to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF A WALLET, YOUR USE OF THE CARD OR VIRTUAL CARD IN CONNECTION WITH A WALLET, OR A MOBILE DEVICE.
If you use a Wallet, you should protect your Wallet and your mobile device as you would your Card. If your Wallet or mobile device is compromised, lost, or stolen, you should also consider your Card lost or stolen and notify us immediately. Please see Section 7 for instructions for reporting a lost or stolen Card.
If you have any questions, disputes, or complaints about a Wallet, contact the Wallet provider using the information given to you by the provider.
2.8 Foreign Transactions
Charges from foreign merchants and financial institutions may be made in a foreign currency. We will bill you in U.S. dollars based on the exchange rate on the day we settle the transaction, plus any special currency exchanges charges that may be imposed by us, the Visa network and/or by any third-party used to complete the transaction.
The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your Account.
Regardless of whether the transaction is made in foreign currency or in US dollars, additional fees may apply to all international transactions using the Card. Please refer to our current fee schedule for more information about our fees.
2.9 Card Authorization Holds
When you use your Card to purchase goods or services or to obtain cash from a merchant, the merchant may request preauthorization (“Card Authorization”) for the transaction. If the merchant makes such a request and there are sufficient available funds in your Account, we will approve the transaction and place a temporary hold on the funds in your Account. This hold will reduce the Available Balance in your Account. The amount of this temporary hold will usually be the amount of the Card Authorization. The hold will remain on your Account until the merchant sends the final amount of the transaction to us and requests payment (“Settlement”). In most cases, if the merchant does not request Settlement or is delayed in requesting settlement, the hold will automatically be removed after 3 days. However, for transactions with certain merchants, such as hotels, the hold may remain on your account for up to 7 days.
Please note that the merchant controls the timing of both the Card Authorization and Settlement. This means that a merchant may initiate Settlement after Card Authorization hold has already been removed. If the hold is removed and you spend the funds in your Account before Settlement, it may cause your Account to overdraw. In addition, the Card Authorization amount that the merchant requests may be different than the Settlement amount. It is therefore very important that you keep track of your transactions and your Account. We cannot stop a Card transaction once we have approved a Card Authorization and you will be responsible for repaying any negative balance that may occur in your Account.
3. Card Limitations
You may use your Card to access funds up to the amount of your Available Balance in your Account.
Limitations for Your Account
$500 per day
POS Transactions and other transactions at Merchants
$2,500 per day
4. Returns and Refunds
Please be aware of the merchant’s return policies before using your Card to make a purchase. Neither the Bank nor the Program Partner is responsible for the delivery, quality, safety, legality, or any other aspect of the goods or services you purchase using your Card. If you have a problem with a purchase that you made with your Card or if you have a dispute with the merchant, you must handle it directly with the merchant. If you are entitled to a refund for any reason for goods or services obtained using your Card, you agree to accept credits to your Card for the refund and agree to the refund policy of the merchant. The amounts credited to your Card for refunds may not be available for up to 5 days from the date the refund transaction occurs.
5. Additional Benefits from Visa and Fraud Alerts Program
Your Card may also be eligible for certain benefits provided by Visa. Please see the Visa Debit Card Benefits Guide (https://usa.visa.com/support/consumer/debit-cards.html) for a full description of all additional benefits to which you may be eligible, specifically Visa Zero Liability Benefits (https://usa.visa.com/pay-with-visa/visa-chip-technology-consumers/zero-liability-policy.html). You are also eligible for Visa’s Fraud Alerts Program.
5.1 Fraud Alerts Program Overview
Messaging frequency depends on account activity. For more information, text HELP to 23618. To cancel fraud text messaging services at any time reply STOP to any alert from your mobile device.
For Fraud Alerts support, call 1-833-333-0414. By giving us your mobile number, you agree that Fraud Alerts text messaging is authorized to notify you of suspected incidents of financial or identity fraud. HELP instructions: Text HELP to 23618 for help.
5.1.1 Stop Instructions
Text STOP to 23618 to cancel.
5.1.2 Release of Liability
Alerts sent via SMS may not be delivered to you if your phone is not in the range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within coverage, factors beyond the control of wireless carriers may interfere with messages delivery for which the carrier is not responsible. Carriers do not guarantee that alerts will be delivered.
5.2 Visa Secure Online Shopping
You can further protect your online Card purchases with Visa Secure (formerly Verified by Visa). This free, simple-to-use service provided by Visa validates your identity when you make an online purchase at participating merchants. Participating online merchants will automatically trigger the Visa Secure identity verification process when you check out. There is no need to download anything or install any software, and there is no service charge for this benefit. Your Card will continue to work as usual for online purchases at merchants not yet participating in Visa Secure. You can contact Visa at 1-833-333-0369 for assistance with any issues you have with Visa Secure purchases.
You agree to pay all fees and charges applicable to your use of the Card. Fees will be assessed to the Account to which the Card is linked as the fees and charges are incurred.
Foreign ATM Withdrawal*
Card Replacement Fee
* A “foreign” ATM is an ATM located outside the United States and its territories.
** You may also be charged a fee, including for balance inquiries, by the ATM operator or other third party.
These fees are in addition to any fees outlined in your Account Agreement.
7. Errors and Lost or Stolen Cards
7.1 Error Resolution
You may contact us by phone at 1-833-333-0414 with questions concerning transactions involving your Card.
You may also contact us using those methods to report errors or unauthorized transactions. Be sure to contact us immediately if you believe that an error or unauthorized transaction has occurred or may occur concerning your Card. You must contact us no later than 30 days after we sent the FIRST statement on which the error or unauthorized transaction appeared. You must provide us with the following information:
After receiving your notice of error or unauthorized transaction, we will investigate and provide you with the results and any corrections we make to your Account within a commercially reasonable time.
7.2 Reporting Lost or Stolen Cards or Replacing Your Card
If you need to report your Card or PIN as lost, stolen, or compromised, or to replace your Card for any reason, please contact us by phone at 1-833-333-0414 seven days per week. You will be required to provide personal information so that we may verify your identity before we will issue you a replacement Card.
8. Electronic Fund Transfers
Your Card allows you to withdraw funds from your Account up to the Available Balance through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ATM withdrawals and point-of-sale purchases at merchants.
Your Account Agreement provides you with the information and terms about the EFTs that are permitted on your Account.
8.1 Types of EFTs Supported by Your Card
Your Card allows the following types of EFTs:
There are limitations on the frequency and amount of transactions you can make to or from your Account using your Card. These limits are different for each type of transaction. For limits that apply to Card transactions, please refer to Section 3 of this Agreement. For other limitations that may apply to your Account, please refer to your Account Agreement. Your Card may also be subject to security-related limits. These limits may change from time to time.
8.3 Documentation of Your Transactions
You will be provided with information about each transaction using your Card on your Account statements. Please refer to your Account Agreement for more information about statements and other ways to view your transaction history and other information. You will also have the option to receive a receipt when making a withdrawal at an ATM or when you make a POS purchase at a merchant.
8.4 Recurring Card Payments (Preauthorized Transfers)
If you authorize a merchant or other third party to automatically initiate a payment using your Card on a recurring basis, you must do so in writing. If you are issued a new Card with a different expiration date or a different number, we may (but are not obligated to) provide your new Card number and expiration date to a merchant or other third party with whom you have set up a recurring preauthorized card payment in order to facilitate the continuation of your authorized recurring transactions.
If you do not wish Visa to provide your new Card number and/or expiration date to merchants or other third parties, please let us know by emailing us at [email protected].
8.4.1 How to Request a Stop Payment
If you authorize a merchant or other third party to take payments from your Account using your Card through recurring card payments, you can place a stop payment on one or all of those payments by contacting us by emailing us at [email protected] at least 3 business days before the next payment is scheduled to be made.
You must provide us with (1) your name, (2) your Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.
You may be charged a fee for each stop payment you request under your Account Agreement. Please refer to your Account Agreement for fees applicable to your Account.
8.4.2 Notices of Varying Amounts
If these recurring Card payments vary in amount, the merchant or other third party you are paying will tell you ten (10) days before each payment when it will be made and how much it will be. You may be given the option to only get this notice when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
8.4.3 Our Business Days
Our business days are Monday through Friday, excluding federal holidays.
8.5 Your Liability for Unauthorized EFTs
Contact us immediately if you believe that an unauthorized EFT has occurred or may occur concerning your Account, or if your Card has been lost, stolen, or compromised. Calling us at 1-844-909-1623 is the best way of keeping your losses to a minimum. Your liability for unauthorized EFTs is outlined in your Account Agreement. Please refer to your Account Agreement for details.
8.6 Our Liability for a Failure To Complete A Transaction, Unauthorized Transactions, or Failure to Stop a Payment
We will respond to notices of errors or unauthorized EFTs and requests to stop payments in a commercially reasonable manner and time. Our liability for a failure to complete a transaction, an unauthorized transaction, or failure to stop payment is limited to terms described in your Account Agreement. Please refer to your Account Agreement for details.
9. Change of Terms
We can change the term of this Agreement at any time. We will provide advance notice to you of a change in terms where required by law.
10. Account Information Disclosed to Third Parties
We will disclose information to third parties about your account or the transfers you make:
We may refuse to issue, deactivate, revoke, suspend or cancel your Card at any time with or without notice to you, other than as required by law. This includes deactivating or canceling your Card if it has been lost or stolen to prevent unauthorized transactions. You agree not to use your Card once it has been deactivated, revoked, suspended, or canceled. We may also limit your use of the Card, including limiting or prohibiting specific types of transactions. If you would like to cancel your Card, you may do so at any time by contacting us by submitting a Member Support Ticket through the Online Banking Services described in your Account Agreement or by emailing at [email protected].
The cancellation of your Card privileges will not otherwise affect your rights and obligations related to your Account.
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