Deposit Account Agreement

PLEASE READ THIS DOCUMENT CAREFULLY

 

 

Table of Contents

  1. Deposit Agreement and Disclosures

    1. Our Agreement
    2. Facile Checking Account Basics
    3. General Rules Governing Deposit Accounts
    4. Using Your Facile VISA® Debit Card
    5. Electronic Banking Services

  2. Electronic Funds Transfer Disclosure and Special Terms and Conditions

    1. Limits on ACH Debit Transactions
    2. Electronic Funds Transfer Services

  3. Mobile Check Deposit

  4. Fee Schedule

  5. General Funds Availability Policy

  6. Use of Online or Mobile Services Terms

 

 

I. Deposit Account Agreement and Disclosures

  1. A. Our Agreement
    This agreement outlines the Deposit Account Agreement (the “Agreement”) related to the Facile Checking Account (“Account”, “Checking Account,” or Facile Checking Account”) available from Facile, P.O. Box 279, Powell, OH 43065, member of the Federal Deposit Insurance Corporation (“FDIC”) (“Facile” or “Bank”) on behalf of NYMBUS Inc. the program partner responsible for managing the Checking Account.  “Facile” “We”, “our”, and “us” refer to the Bank, Facile, our successors, affiliates, or assignees. “You,” “your,” “customer” and Facile Accountholder” refer to the owner of the Checking Account.
  3. You may open a Facile Checking Account at the Facile website (the “Website”) by visiting https://www.facile-dev.becomelabs.site or by using the Facile mobile banking application (the “Mobile App”).  The Checking Account is not designed for business use, and we may close the account if we determine it is being used for business purposes.  We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement.
  5. Business Days
  7. Our business days are Monday through Friday, excluding federal holidays, even if we are open.  Any references to “days” found in this Agreement are calendar days unless indicated otherwise.
  8. B. Checking Account Basics
    1. Facile Checking Account Eligibility
      1. The Facile Checking Account is available only to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number.  You must agree to accept electronic, rather than paper statements and documents.  This means: 
        1. you must agree to the terms of the Facile Electronic Disclosures Consent Agreement;
        2. you must keep us supplied with your valid, current email address; and
        3. you must agree to accept electronic delivery of all account communications (such as documents, electronic statements, and end-of-year tax forms).
      2. We may use information from third parties to help us determine if we should open your account.
    2. Opening an Account

      IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.

      To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account.  What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you.  We may also ask you to provide a copy of your driver’s license or other identifying documents.

    3. The Facile Checking Account
      Consists of the online transaction demand deposit account used to make payments and transfers to third parties online or using a Facile VISA® Debit Card (“Debit Card”) that is automatically issued with the Account.
    4. Account Titling and Ownership
      The Facile Checking Account may be owned and titled in the name of one owner who may deposit, transfer, or withdraw funds.  The owner of the account may choose to add one (1) joint owner during the account opening process, who also can deposit, transfer, or withdraw funds.  The Facile Checking Account cannot be owned or titled by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).
    5. Death or Incapacitation
      You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated.  We will continue to accept deposits and process transaction instructions into and from your Facile Checking Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions on your Facile Checking Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in your Facile Checking Account. We may require additional documentation to confirm any claims made on your account.
    6. Power of Attorney
      You may give another person authority to make transactions on your Facile Checking Account by giving power of attorney to another individual.  The account owner and person executing power of attorney over a deposit account is known as the “Principal.” The person granted power of attorney for the Principal is known as the “Agent.” We may refuse to accept a power of attorney for reasonable cause, and we may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney.  The Agent is required to notify us in writing if the Principal dies or is declared incompetent.  The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death, or c) we receive written notification of the death or incapacity of the Agent.
    7. Our Relationship With You
      Neither this Agreement nor the deposit relationship creates a fiduciary relationship between us and you.
    8. Privacy Policy
      Our Online Privacy, Security & Information Gathering Policy and Privacy Notice are available at https://www.facile-dev.becomelabs.site and are considered part of this Agreement.
  9. C. General Rules Governing Deposit Accounts
    The Facile Checking Account and your obligations under this Agreement may not be assigned.  We may transfer our rights under this Agreement.  Use of the Facile Checking Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions.  We do not waive our rights by delaying or failing to exercise them at any time.  If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by the law(s) of the State of Florida except to the extent governed by federal law.

    1. Deposits to the Account

      Make deposits to your Facile Checking Account using any of these methods:

       

      Electronic credits: Direct Deposits or ACH Credits have no limit to the number or dollar amount of transactions that may post to your account.

       

      Mobile Deposits: No limit to the number of mobile deposits you make each day; however, the aggregate dollar limit you may make monthly is $5,000.00

       

      THIRD PARTY MONEY TRANSFER services used to load funds to your Facile Checking Account may impose their own fees, per transaction, and may limit the number and/or amount you may load to your account daily, weekly or monthly.

       

      IMPORTANT: If your Facile Checking Account number changes you must immediately notify your employer or any other payers.  You must provide them with your new Facile Checking Account number to ensure that your direct deposit activity continues uninterrupted.

    2. No Cash, Paper Checks or Foreign Currency Deposits
      We do not accept deposits by mail and are not liable for any deposit(s), including cash, lost in the mail, lost in transit, or not received by us.  Should any of these items be inadvertently sent to us, they will be returned to you at the address we have on file.
    3. Funds Availability
      Refer to Section V, “GENERAL FUNDS AVAILABILITY POLICY” for additional information.
    4. Preauthorized Transfers
      Your Facile Checking Account number and bank routing number can be used for preauthorized direct debits (“ACH Debits”) from merchants, internet service or other utility service providers (“Merchants”) and for the purpose of initiating direct deposits to your account.  These transfers will be processed under the Operating Rules of the National Automated Clearing House Association (“NACHA”) and you agree to comply with the NACHA rules.  Detailed information regarding preauthorized transfers is available in Section II, “ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS.”NOTE: The recipient’s name on any direct deposit(s) we receive must match the name of the Facile Account Holder.  Any direct deposits received in a name other than the name registered to the Facile Checking Account will be returned to the originator.

       

      IMPORTANT: If your Facile Checking Account number changes you must immediately notify the Merchants.  You must provide them with your new account number to ensure that your ACH Debit activity continues uninterrupted.

    5. Overpayments and Reversals
      If funds are deposited or transferred into your Facile Checking Account by mistake or otherwise, we may correct the situation by deducting the amount of the deposit from your account without prior notice to you.  If there are not enough funds in your account at that time, your account could become overdrawn.  See Section I (C)(6) “No Overdrafts” and Section I (C)(7) “Right to Set Off” for more information about what may occur if your Facile Checking Account has a negative balance.
    6. No Overdrafts
      You are not permitted to overdraw your Facile Checking Account.  If the available balance in your account is not sufficient to cover any payment or withdrawal you have authorized, we can refuse to process the payment or withdrawal.  If your account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance.  If your account has a negative balance for fifteen (15) days and you have another account with us, we reserve the right to exercise our right to set off.  See Section I (C)(7) “Right to Set Off” for details.  If your account has a negative balance for thirty (30) calendar days or more it will be closed.
    7. Right to Set Off
      If your Facile Checking Account balance becomes and remains negative for fifteen (15) days, we can use the funds in any of your other accounts with us to repay the amount owed on the negative balance account.  This means, 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.  Further, you grant us a lien on and security interest in the funds on deposit in each of your accounts as security for all your liabilities and obligations to us, now or in the future.  We will notify you if we have exercised our right to set off.
    8. Legal Processes Affecting Accounts
      If legal action, such as a garnishment, levy or other state or federal legal process (“Legal Process”), is brought against your Facile Checking Account, we may refuse to permit (or may limit) withdrawals or transfers from your Facile Checking Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Facile Checking Account.  We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to us.  You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any Legal Process on your Facile Checking Account.  We may charge these expenses to your Facile Checking Account.  You will indemnify us for any losses if we do this.
    9. Amendment and Cancellation

      We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on https://www.facile-dev.becomelabs.site, and any such amendment shall be effective upon such posting to the Website. The current Agreement is available at https://www.facile-dev.becomelabs.site. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change.  However, if the change is made for security purposes, we can implement such change without prior notice.  We may cancel or suspend your Facile Checking Account or this Agreement at any time.  You may cancel this Agreement by calling 833.682.3827 to close your Facile account.  Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

       

      If your Facile Checking Account is cancelled, closed or terminated for any reason, you must transfer the remaining balance via a P2P payment request from the Online Banking or Mobile App.  The account will automatically be closed after 45 consecutive calendar days at a zero ($0.00) balance.

    10. Account Dormancy and Escheatment
      An account that is inactive for a period of one year with no customer-initiated activity may be considered dormant and is subject to escheatment.  Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Facile Checking Account to the state of your last known address.  We will make all reasonable efforts to contact you before transferring the remaining balance of your Facile Checking Account to the applicable state.  For a Facile Checking Account with an international address, the funds will be transferred to the State of Florida.
    11. Statements
      Electronic statements are available to view and print at https://www.facile-dev.becomelabs.site.  Facile Checking Account statements are considered to be correct.  Carefully review your statements each statement period and notify us of any errors within sixty (60) days of your statement becoming available.  You will not receive paper statements.
  10. D. Using The Facile VISA® Debit Card
    1. By using your Facile VISA® Debit Card, you agree that:
      1. You shall abide by our rules and regulations relating to the use of your card.
      2. Your card remains our property and must be surrendered immediately to us upon request.
      3. We may cancel your card at any time without notice.
      4. We may place a temporary hold on your account for the amount of payment authorizations received, but not yet posted.  The temporary hold will remain for three (3) business days.  This hold will affect your available balance for items presented for payment to your account.
      5. We have the right to refuse a transaction on your account when your card has been reported lost or stolen, or when we reasonably believe there is unusual activity on your account.
      6. You must notify us promptly by telephoning us, emailing us, or writing us if your card is lost or stolen.
      7. You shall not give your PIN or card to any person not authorized by you to use your card.  Do not write your PIN on your card nor keep it with your card.
    2. Debit Card Transactions
      Your Facile VISA® Debit Card is accepted at millions of locations worldwide – at places like department stores, grocery stores, restaurants, and gas stations.

      1. You may:
        • Withdraw cash from your Facile Checking Account(s) at an ATM.
        • Pay for purchases in person with your PIN and obtain cash back from participating merchants.
        • Pay for purchases in person, online, or by phone.
      2. Foreign Transactions
        If you make a purchase or withdraw cash using your Debit Card in a foreign currency, we will convert it to U.S. dollars using conversion rates sourced from one of the following methods: a government-mandated rate, a government-published rate or an interbank or wholesale exchange rate, depending on the country and currency in which the transaction is made. We use the rate in effect on the conversion date for the transaction.  This rate may be different than the rate in effect on the transaction date.  “Interbank or wholesale exchange rate” means the foreign exchange rate that banks charge each other when buying and selling currencies.  No foreign transaction fees shall be charged.
      3. ATM Fees
        We will not charge a fee for using an out of network ATM.  However, when you initiate a transaction with your Debit Card at an ATM not in the PULSE/MoneyPass network, you may be charged a fee by the ATM operator or any network used for your transaction, including balance inquiries.
      4. Debit Card Limits

        • The daily combined POS purchase limit using your Debit Card is the lesser of $1,000, or your available balance.

        • The daily ATM withdrawal limit for each Account is the lesser of $500 or your available balance.  When you use an ATM not in the PLUS/PULSE/MoneyPass network, you may be subject to other daily limits set by the ATM operator.

        • These Debit Card transaction limits are in addition to the limits set forth in this Agreement.  For security reasons, there may be limits on the number of ATM withdrawals using your Debit Card.

        • In addition, we reserve the right to decline any Debit Card transaction if we suspect fraud, account takeover, possible illegal activity or any other unusual activity affecting your Account.

      5. Personal Identification Number (PIN)
        You may activate your Debit Card by calling 833.682.382. Once your card has been activated, a PIN will be mailed to your mailing address on file. You should protect your PIN as you would your Debit Card.
      6. Freeze Debit Card
        You may request that we freeze your Debit Card, which means that new purchases (in-store, online, mobile or phone) and ATM transactions will not be authorized, allowed or processed with the Debit Card you have frozen. If more than one debit card has been issued to access your Account, such as a joint account holder debit card, only the debit card you have identified will be frozen.  All other Debit Cards issued to access your Account will continue to be available for transactions.  Freezing your debit card will not stop bill payments, transactions that merchants have marked as recurring, returns, deposits, dispute adjustments, internal or external transfers, reward redemptions, or checks.  You may freeze your debit card by turning it off in the Debit Card Management section of your FACILE Mobile App, or by calling customer service at 833.682.3827.
  11. E. Electronic Banking Services
    • Bill Pay.  There is no fee to use this service.

    With your Facile Checking Account, you will have access to the Bill Pay feature through the Mobile App or Online Banking, which allows you to authorize us to make bill payments on your behalf to third parties.

     

    To initiate a bill payment using the Mobile App or Online Banking, you must provide the name and mailing address of each individual or company you wish to pay.  Once a payment is authorized, the payment amount will be immediately deducted from your Facile Checking Account balance.  Payments made using Bill Pay take the form of an electronic payment if the payee is an electronic biller or a paper check sent to the payee using standard U.S. Postal Service mail.  Please allow two to three (2-3) business days for the delivery of an electronic payment or seven to nine (7-9) business days for delivery of a check.  Payments can only be made to payees with an address located within the fifty (50) states of the U.S. and Washington D.C.  Bill Pay payments are processed daily by 9:00am EST. Bill Pay payments initiated after this time will be processed by 9:00am EST the next business day.  Facile reserves the right to refuse to process payments to any individual or company.  If the decision is made to refuse a payment, Facile will notify you on or before the next business day.  These are the limits when using Bill Pay:

     

    Transaction Type

    Dollar Limits

    Bill Pay Payment

    Maximum Payment Amount: Up to $10,000 in aggregate per day

    PayItNow (P2P)

    Maximum Payment Amount: Up to $2,500 in aggregate per day

     

    Bill Pay payments may be refused or returned by the individual or company to whom the payment was issued.  The determination to accept this method of payment is at the discretion of the recipient.  The U.S. Postal Service may also return payments in cases of expired or invalid addresses.  If the Bill Pay payment is returned for any reason, the payment will be voided, and the full amount credited to your Facile Checking Account the next business day.

     

    Uncashed Bill Pay Payments: Uncashed Bill Pay payments are voided after 180 days.  Funds from voided checks will be credited to your Facile Checking Account by 9:00am EST on the next available business day.

     

    CANCELLING A BILL PAY PAYMENT:  You may cancel a single Bill Pay payment as long as it has not been presented for payment by calling 833.682.3827. Funds from any cancelled check will be credited to your Facile Checking Account by 9:00am EST on the next available business day.

     

    LIABILITY FOR FAILURE TO STOP PAYMENT OF A BILL PAY PAYMENT: If you request cancellation of a Bill Pay payment within three (3) business days or more before it is scheduled to be made, and Facile does not cancel it in time, Facile will be liable for your losses or damages.

 

 

II. Electronic Funds Transfer Disclosure and Special Terms and Conditions

 

Your Facile Checking Account number and bank routing number (066016944) can be used for preauthorized direct debits (“ACH Debit(s)”) from merchants, internet service or other utility service providers (collectively “Merchants”) and for the purpose of initiating direct deposits (“ACH Credits”) to your Facile Checking Account.

 

NOTE: You agree that the recipient’s name on any ACH Credit(s), direct deposit(s), or Mobile Deposit(s) we receive must be an owner of the Facile Checking Account.  Any deposits received in a name other than the name registered to a Facile Checking Account owner may be returned to the originator and your account may be closed.

  1. A. Limits on ACH Debit Transactions

    Cut-off Time – The cut-off time for scheduling ACH transfers is midnight Eastern Standard Time (EST).  Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day.

     

    ACH Debit Limits – The amount of funds that can be transferred from your Facile Checking Account per day is limited to the collected funds available in your account.

  2. B. Electronic Funds Transfer Services
    The following terms are used to describe Electronic Funds Transfer (“EFT”) services.  “Automated Credits Electronic Funds Transfer Services” or “direct deposits” are deposits made to your Facile Checking Account by electronic means.  “Automated debits” and “automated payments” indicate payments authorized by you to be made from your account by electronic means.  “Online Transfers” are the movement of funds between your accounts using the Mobile App or the Website.When you accept direct deposits or authorize automatic payments/debits or transfers to or from your account, you agree to these terms and conditions.

     

    Other relevant terms and conditions described elsewhere in the Agreement also apply as long as they are consistent with the Federal Reserve Bank Regulation E and this Section II.

     

    1. Types of Electronic Funds Transfers Available
      1. You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your account.
      2. You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using your account and bank routing numbers, directly from your account, subject to the established limitations on withdrawals and transfers.
      3. You may use your Debit Card to make purchases at merchants that accept the Debit Card or to obtain cash at ATMs, Over-the-Counter cash and, subject to availability, cash back at POS terminals.
    2. Limitations on Transfers, Amounts and Frequency of Transactions
      1. You may make cash withdrawals and POS purchases, not to exceed the established limits for your Facile Checking Account. See Section I (D)(6), “Cash Access” and “Transaction Limitations” for details about the limits.
      2. If your Facile Checking Account is closed, blocked or suspended for any reason, you will not be able to conduct transactions using your Debit Card (including at an ATM).
    3. Right to Receive Documentation of Electronic Funds Transfers
      1. Statements.  You will have access to an electronic monthly statement that can be viewed on the Website at https://www.facile-dev.becomelabs.site.
      2. Direct Deposits or Automated Credits.  If you have arranged to have direct deposits made to your Facile Checking Account at least once every sixty (60) days from the same person or company, call 833.682.3827 to find out if the deposit has been made.
    4. Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So
      If you scheduled a one-time ACH transfer over the phone or recurring ACH transfers using a written authorization form, you can stop any of these payments.  Here’s how:To stop a recurring ACH transfer to a merchant you preauthorized to debit your Facile Checking Account, please contact the merchant to request cancellation of the recurring payment.

       

      If the merchant with whom you arranged recurring ACH transfers from your Facile Checking Account is unable or unwilling to stop the transfer, write to Customer Service, PO Box 279, Powell, OH 43065 or email facile@nymbus.support. to request a stop on such payment. Your request to stop payment must be received at least three (3) business days before the payment is scheduled to be made.  Such a stop payment request will cancel a single, i.e. one (1) recurring payment.  If you want to permanently stop all recurring payments to a specific merchant you will be required to put your request in writing and send it to Customer Service, P.O. Box 279, Powell, OH 43065.  You will need to tell us the name of the payee, the dollar amount of the payment and the date of the payment.  If written stop payment notification is not received at least fourteen (14) days before the payment is scheduled to be made, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.

    5. Liability for Failure to Stop Payment of Preauthorized Transfer
      If you order us to stop a pre-authorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
    6. Your Liability for Unauthorized Transfers
      Contact us at once if you believe your Debit Card, PIN or account number has been stolen.  Telephoning is the best way to minimize your possible losses.  If your Debit Card, PIN or account number has been lost or stolen, or if you believe that someone has transferred or may transfer money from your account without your permission, call 833.682.3827.

      Additional Limit on Liability for VISA®-branded Debit Cards

       

      Unless you have been negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen VISA®-branded Debit Card.  This additional limit on liability does not apply to ATM transactions outside of the U.S., to ATM transactions not sent over PULSE or MoneyPass networks, or to transactions using your Personal Identification Number (PIN) which are not processed by VISA®.   You must notify us immediately of any unauthorized use.  This reduced liability is contingent on the following:

       

      • It is reasonably determined that an unauthorized transaction was caused by the gross negligence or fraudulent action of the Facile Accountholder, which may include your failure to report unauthorized transactions or the loss or theft of a Card within two business days after you learn of the first unauthorized transaction or of the loss or theft of the Card;
      • More than two unauthorized transactions have been reported within the last 12 months; or
      • It is reasonably determined that the Facile Account holder has derived a benefit from the unauthorized use of the Card.

       

      Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in Section II (B), “Information About Your Right to Dispute Errors.” If you do not notify us within sixty (60) days after you become aware of the transaction(s) and/or the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if we could have stopped someone from taking value if you had notified us sooner. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may agree to extend the relevant time periods.  If your Debit Card, PIN or account number has been lost or stolen, we will close your Debit Card and/or Facile Account to keep losses down and send you a replacement Debit Card and/or account number.

       

      If your Facile Checking Account changes you must immediately notify your employer or any other payors or merchants.  You must provide them with your new Facile Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.

    7. Our Liability for Failure To Complete Transactions
      If we do not properly complete a transaction from your Facile Checking Account or Debit Card on time or in the correct amount according to our Agreement with you, we will be liable for your actual and verifiable losses or damages.  However, there are some exceptions.  We will not be liable, for instance:

      1. , through no fault of ours, you do not have enough funds available in your account to complete the transaction;
      2. If a Merchant refuses to accept your Debit Card or account number;
      3. If an ATM where you are making a cash withdrawal does not have enough cash;
      4. If an electronic terminal where you are making a transaction does not operate properly;
      5. If access to your Debit Card or account has been blocked after you reported your Debit Card or account number lost or stolen;
      6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
      7. If we have reason to believe the requested transaction is unauthorized;
      8. If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
      9. Any other exceptions stated in our Agreement with you.
    8. Confidentiality
      We may disclose information to third parties about your Facile Checking Account, Debit Card or the transactions you make:

      1. Where it is necessary for completing transactions;
      2. In order to verify the existence and condition of your account or Debit Card for a third party, such as a Merchant;
      3. In order to comply with a government agency, court order, or other legal or administrative reporting requirements;
      4. If you consent by giving us your written permission;
      5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
      6. Otherwise as necessary to fulfill our obligations under this agreement.
    9. Information About Your Right to Dispute Errors
      In case of errors or questions about your electronic transactions, call 833.682.3827, write to Facile Customer Service, P.O. Box 279, Powell, OH 43065 or email us at facile@nymbus.support if you think your statement or receipt is wrong or if you need more information about a transaction listed in the statement or receipt. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically accessed your Facile Checking Account, if the error could be viewed in your electronic history, or the date we sent the first written history on which the error appeared. You may request a written history of your transactions at any time by calling 833.682.3827, sending us an email at facile@nymbus.support, or by writing to us at Facile Customer Service, P.O. Box 279, Powell, OH 43065. You will need to tell us:

      1. Your name, account number and/or 16-digit Debit Card number
      2. Why you believe there is an error, and the dollar amount involved
      3. Approximately when the error occurred

      If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

       

      We will determine whether an error occurred within ten (10) business days (5 business days for VISA®-branded Debit Card point-of-sale transactions processed by VISA® and 20 business days if the transaction involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (90 days if the transaction involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question.  If we decide to do this, we will credit your account within ten (10) business days (5 business days for VISA®-branded Debit Card point-of-sale transactions processed by VISA® and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your account.  Your account is considered a new account for the first 30 days after the first deposit is made.

       

      We will notify you of the results within three (3) business days after completing the investigation.  If we decide that there was no error, we will send you a written explanation.  Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section.  If you need more information about our error-resolution procedures, call 833.682.3827 or visit https://www.facile-dev.becomelabs.site.

    10. Truth in Savings Disclosures

      This is not an interest-bearing account.  No interest will be paid.

      • Minimum Balance Requirements – There is no initial deposit required to open a Facile Checking Account.  You may deposit any amount you wish when opening the Facile Checking Account.
      • Transaction Limitations – Minimum and maximum withdrawal limitations apply.  See Section I (D)(6), “Cash Access and Transaction Limitations” for full information regarding these limits.
      • Monthly Service Charge – There is no monthly service charge.
    11. English Language Controls

      The meaning of the terms, conditions and representations herein are subject to the definitions and interpretations in the English language.  Any translation of this Agreement may not accurately represent the information in the original English.

    12. Customer Service

      For customer service assistance or additional information regarding your Facile Checking Account, please contact:

       

      Facile

      facile@nymbus.support

      P.O. Box 279

      Powell, OH 43065

      833.682.3827

       

      Customer Service agents are available to answer your calls 24/7/365.

    13. Telephone Monitoring/Recording
      Telephone calls between you and us are recorded for Quality Assurance purposes.
    14. No Warranty Regarding Goods or Services as Applicable
      We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Facile Checking Account or Facile Debit Card.
    15. Arbitration
      This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.  The state and federal courts located in Miami, Florida shall be the exclusive venue for, and have exclusive venue jurisdiction over, the Parties hereto with respect to any matter arising out of or relating to this Agreement, and the Parties hereby submit to such courts’ jurisdiction over the Parties with respect to any matter arising out of or relating to this Agreement. Each Party hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the jurisdiction and laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.  The prevailing party in any such action shall be entitled to recover reasonable attorney’s fees and costs incurred therein.  No part of this Agreement shall be construed against a Party because that part or any part was drafted or revised by or on behalf of such Party.  The Parties expressly disclaim the application of the United Nations Convention on the International Sale of Goods to this Agreement and the Uniform Information Computer Transactions Act, as they may be adopted by the State of Florida.

 

 

III. Mobile Check Deposit

 

  1. A. Description of Service and Consent
    Mobile check deposit (“Mobile Deposit”) allows you to make deposits to your Facile Checking Account remotely by using the Mobile App to take a legible picture of the front and back of the negotiable check(s) and transmitting images of such instruments to us in compliance with our requirements (“Check Image(s)”). If the Check Image is accepted for deposit, Facile will notify you electronically through the communication method(s) you have elected as preference (“Electronic Notice”).  The Bank will then attempt to collect the item by presenting the image or converting the image into a digital representation of the original check (“Substitute Check”).  Unlike traditional check deposits, you retain the original paper check when you use Mobile Deposit.  See Section III (9), “Retention of Original Check” for retention requirements.  The manner in which Substitute Checks are cleared, presented for payment and deposited will be determined by the Bank, in our sole discretion.  Facile, acting as an agent of the Bank, may change, modify, add or remove functionality from Mobile Deposit at any time, with or without notice to you.
  2. B. Mobile Deposit Eligibility; Termination of Facile Checking Account Relationship
    Nymbus, acting as an agent of the Bank, will determine whether you are eligible for the Mobile Deposit feature at its discretion or at the request of the Bank.  Nymbus or the Bank may suspend or terminate your use of Mobile Deposit at any time and without prior notice to you.  If you violate the terms of Mobile Deposit, such actions may be used as a basis to terminate your Facile Checking Account.
  3. C. Mobile Deposit Technical Requirements
    In order to use Mobile Deposit, you must have an Apple iOS or Android smartphone capable of installing and running the Facile Mobile App (see relevant app store details for specific hardware and OS requirements) that is additionally equipped with a camera capable of taking photos with at least a resolution of 1600 x 1200 pixels (“2 Megapixels”).
  4. D. Fees
    There is no fee for depositing a check via Mobile Deposit.  If a check you deposit using Mobile Deposit is returned by the bank upon which it was drawn (for any reason), there may be a fee of $25.00 charged by Facile.  Please note that your mobile carrier may charge you for sending and receiving data to upload Check Images using the Mobile App.  Please check your mobile service agreement for details on applicable fees.
  5. E. Limits and Funds Availability
    Limits may be imposed on the dollar amount or number of deposits you make through Mobile Deposit, and we may change such limits at any time at our discretion.  Presently there is no limitation on the number of items you may deposit; however, the monthly aggregate dollar amount is $5,000.  See Section III (K) for Funds Availability.

    Frequency and/or Dollar Limits

    Funds Availability

    Facile Checking Account(s)

    Maximum of $5,000 per month

    		Our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit, with the first $200 available on the first business day after the day we receive your deposit.

    May be subject to additional holds and cut-off times, see Section III K, “Mobile Deposit Funds Availability”

  6. F. Prohibited Checks
    We may decline to accept any Check Image you submit through Mobile Deposit at our sole discretion.  You agree that you will not scan and attempt to deposit any of the following:

    • Checks payable to any person or entity other than you (i.e., third party checks);
    • Checks payable jointly to you and any other person (i.e. made out to ‘John *and* Jane Doe’)
    • Checks containing alterations, illegible items, fraudulent checks, or checks that you should have known or have reason to believe were fraudulent;
    • Checks that have been previously deposited at another institution via physical item, image or electronic funds transfer;
    • Checks from financial institutions located outside of the United States;
    • Checks that are not payable in U.S. dollars;
    • Checks that are more than six (6) months old (i.e. stale-dated);
    • Checks that are post-dated, or payable on a date in the future;
    • Substitute Checks (a digital reproduction of the front and back of an original check);
    • Remotely created checks (a check created by a merchant with a buyer’s account number on it, but without the buyer’s original signature);
    • Travelers checks and savings bonds;
    • Non-negotiable instruments, such as promissory notes; or
    • Starter checks or counter checks (checks from a teller window).
  7. G. Third-Party Checks
    Third-party checks deposited through Mobile Deposit may be rejected.  All Check Images submitted for deposit must be payable to you and not to a third-party.  In the event a third-party Check Image is received, a Substitute Check will be returned to you through the U.S. Postal Service mail and the deposit will not be processed.  Neither Facile nor Nymbus will be liable for any Substitute Checks that may become lost in the mail.Both Facile and Nymbus reserve the right to reject a Mobile Deposit if it is made payable to Facile and contains no means to identify the Facile Checking Account to which it should be credited.
  8. H. Receipt of Check
    Neither Facile nor Nymbus is responsible for Check Images not received or dropped during transmission.  A Check Image will be deemed received only when Facile provides you with Electronic Notice confirming receipt of the Check Image.  After receipt of your Check Image is confirmed, the Check Image will be subject to review before it is submitted for deposit and may still be rejected for any reason at the discretion of Facile or Nymbus.  An Electronic Notice confirmation is not a representation, warranty or other indication that the Check Image will be presented for deposit or will be honored by any collecting or paying bank.  If Facile or Nymbus rejects a Check Image received through the Mobile Deposit feature, you may contact the individual or company who issued the check, to request a new or reissued check be provided to you.  If you do submit the original check for processing, Facile and Nymbus reserve the right to refuse to process it and may instead require you to have the check reissued.
  9. I. Retention of Original Check
    Once the funds from the Check Image have been credited to your Facile Checking Account, you must mark the original check as “VOID” and retain it for sixty (60) days.  You may not present the original check, or any Substitute Check created from the original check for payment at any other financial institution.  During this sixty (60) day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check.  You must make the original paper check available to Facile or Nymbus for review at any time during this sixty (60) day period as necessary to facilitate the clearing and deposit process, to address third-party claims or for our own audit purposes. Should you fail to produce the original paper check, you authorize Facile or Nymbus to deduct the amount of the check in question from your Facile Checking Account, regardless of whether such action may cause your Facile Checking Account to not have sufficient funds. Immediately after this sixty (60) day period, you must destroy the original paper check.
  10. J. Endorsements

    You will endorse any check or other item submitted for deposit exactly as it was made payable to you.  You warrant that all endorsements on items deposited to your Facile Checking Account are genuine.  Any endorsement must be placed in the one-inch area starting at the left side on the back of an item and the remaining area on the back of the item may not contain any preprinted, stamped or handwritten information.  If you fail to do this, you may be required to reimburse Facile for losses incurred.  For any check deposited as a Check Image through Mobile Deposit, you must endorse the check by signing or stamping the back and writing “For deposit only to Facile Checking Account #XXXXXXXXXX” or as otherwise instructed by Facile before you take a picture of the check. In the absence of endorsement, you authorize Facile or the Bank to supply any missing endorsements if items are made payable to you or your order and you have not endorsed them.

  11. K. Mobile Deposit Funds Availability
    Business Days and Cutoff Time: We are open Monday through Friday excluding federal holidays.  Check Images received and accepted for processing prior to 4:00pm ET on a business day that we are open are considered received as of that day.  Otherwise, the Check Images will be considered the work of the next business day.

    Funds Availability Policy

     

    This policy statement applies to “transaction” accounts, which permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us.  Facile Checking accounts are transaction accounts.  Our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit, with the first $200 available on the first business day after the day we receive your deposit.

     

    Same Day Availability

     

    Funds from electronic direct deposits to your account will be available on the day we receive the deposit.

     

    Next Day Availability

     

    • U.S. Treasury Checks that are payable to you
    • Wire transfers
    • Checks drawn on Facile
    • Other checks drawn on a bank in the United States, including:
      • Personal and Business Checks
      • State and Local Government Checks
      • Treasurer’s/Cashier’s Checks
      • Certified Checks
      • Federal Reserve Bank Checks
      • Federal Home Loan Bank Checks
      • U.S. Postal Service Money Orders

     

         Longer Delays May Occur

     

    Under certain circumstances, a longer hold period may apply before funds deposited by check are available.  A longer delay may apply if, for instance:

     

    • Facile or Nymbus believe a deposited check will not be paid.
    • You deposit checks totaling more than $5,000.00 in one (1) day.
    • You redeposit a check that has been previously returned unpaid.
    • Your Facile Checking Account has had a negative balance anytime in the last six (6) months.
    • Facile or Nymbus experiences an emergency, such as failure of communications or computer delays.

    We will send you an Electronic Notice informing you if your ability to withdraw funds is delayed for any reason, including information on when the funds will be available.  Generally, funds will be available no later than the seventh (7th) business day after the deposit is accepted for processing.

 

 

IV. Fee Schedule

 

All fee amounts will be withdrawn from your Facile Checking Account and will be assessed if there is a remaining balance in your account, except where prohibited by law.  Any time your remaining balance is less than the fee amount being assessed, the balance of your Facile Checking Account will be applied to the fee amount resulting in a zero balance in your account.

 

Fee Description

Fee Amount and Frequency

Returned ACH/Check Fee (Mobile Deposit Only)

Stop Payment Fee (ACH Only)

$25.00 per item

$25.00 per stop placed

 

*If you use an ATM outside of PULSE/PLUS/MoneyPass network for any transaction, 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 amount assessed by the individual ATM operator only and is not assessed by us.  This ATM fee amount will be charged to your Facile Checking Account.

 

 

V. General Funds Availability Policy

 

Information contained in this section is provided to assist you in understanding our Funds Availability Policy.  All deposits into accounts opened through facile-dev.becomelabs.site are processed at a Bank data processing facility.  This policy does not apply to checks deposited through the Mobile Deposit feature.  For Mobile Deposit Funds availability, see Section III (K), “Mobile Deposit Funds Availability”.

 

We make funds available according to the type of deposit and when the funds are applied or credited to your Facile Checking Account.  Some types of deposits may not be available for immediate use.  When we delay the availability of funds or place a hold on a deposit made to your Facile Checking Account, you may not withdraw those funds, and we will not use them to pay any debit(s), such as ACH transfers or payments, or transactions using your Debit Card during the hold period. We have the right to refuse any deposit.

 

If final payment is not received on any item you have deposited into your Facile Checking Account, or if any direct deposit, ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

  1. A. Availability
    The length of the delay in the availability of funds varies depending on the type of deposit.
  2. B. Business Days

    The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Facile Checking Account.  For purposes of these disclosures, our business days are Monday through Friday.  Federal holidays are not included.  Deposits received by 4:00pm Eastern Standard Time will be considered current-day deposits.  Any deposits received after that time may be processed the following business day.

  3. C. Same Day Availability
    Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the effective date of the deposit to your account.

    ACH Credits received from an external bank account will be applied to your Facile Checking Account when we have verified the external account and received payment on collected funds.  Once the funds are applied to your account, they will have same day availability.

  4. D. Longer Availability
    Electronic transfers deposited into your Facile Checking Account initiated through the Mobile App or Website may take up to five (5) business days from the date of the initial request, but will post to your account on the payment date of the deposit once the money has reached the Bank.Check deposits made through the Mobile App will generally be available the second business day after the banking day of deposit.  However, longer delays may apply under the following circumstances:

     

    • We believe a check you deposited will not be paid.
    • You redeposit a check that has been returned unpaid.
    • You have overdrawn your account repeatedly in the last six months.
    • There is an emergency, such as failure of computer or communications equipment.

     

    We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available.  They will generally be available no later than the seventh business day after the day of your deposit.

 

 

VI. Facile Mobile Terms of Use

 

  1. A. Facile Online & Mobile Application Terms and Conditions.
    Please read the following terms and conditions very carefully.  If you do not agree with the following terms and conditions, do not download or install this software.  By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.

    1. Use of the Facile Application
      This agreement (“Terms”) is entered into between you and Nymbus, Inc. (“Nymbus”), the program partner responsible for managing the Facile Checking Account (“Facile”).  Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“Facile Application”) solely for personal, non-commercial purposes.You may not use the Facile Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Nymbus’ services; (ii) any other party’s use and enjoyment of Nymbus’ services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Facile Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Facile Application, including, without limitation, any usage rules set forth in the online application store terms of service.

       

      From time to time, Nymbus may automatically check the version of Facile Application installed on the Authorized Device and, if applicable, provide updates for the Facile Application (“Updates”).  Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Facile Application.  By installing the Facile Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary.  Your use of the Facile Application and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates).

       

      Nymbus reserves the right to temporarily disable or permanently discontinue any and all functionality of the Facile Application at any time without notice and with no liability to you.

       

      For the avoidance of doubt, agreement to these Terms is solely between Nymbus and you.  If you need to contact Nymbus about the Facile Application, you may do so by calling 833.682.3827 or by emailing facile@nymbus.support.

    2. Privacy Policy
      As a condition of using the Facile Application, you acknowledge that additional agreements may be in place that govern your relationship with Nymbus, including but not limited to the Facile Account Agreement, Facile Privacy Policy, and Online Privacy, Security & Information Gathering Policy, each of which is hereby incorporated by reference. You acknowledge and agree that these agreements may be updated from time to time, without prior notice.  Any such change(s) will be effective as soon as Nymbus posts a revised version of the applicable agreement.  In the event of an otherwise irreconcilable conflict between these Terms and other agreements, these Terms will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict.Nymbus may track and archive certain information regarding your use of the Facile Application (“Use Information”).  Use Information does not reveal your personal identity.  Use Information may be stored and processed in the United States where Nymbus or its agents maintain facilities.  By using the Facile Application, you consent to the collection of your Use Information.

       

      Proprietary Rights

       

      You hereby acknowledge that Facile owns all rights, titles and interest in and to the Facile Application and to any and all proprietary and confidential information contained therein (“Facile Information”).  The Facile Application and Facile Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Facile Application or otherwise attempt to derive source code from the Facile Application; (ii) copy, distribute, transfer, sell or license the Facile Application; (iii) transfer the Facile Application to, or use the Facile Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Facile Application; (v) use the Facile Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter Nymbus’ (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Facile Application.

       

      Content made available through the Facile Application (“Content”) is protected by applicable intellectual property rights and is the property of Nymbus, its third-party licensors and partners (as applicable), and other entities that provide such content to Nymbus. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Facile Application hereunder.  Nymbus and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

    3. Export Restrictions
      Nymbus does not represent that the Facile Application is appropriate or available for use in any geographical location.  Any person choosing to use the Facile Application is solely responsible for compliance with all applicable laws.  The Facile Application is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Burma, Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading and/or using the Facile Application, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
    4. Termination
      You may terminate acceptance of these Terms at any time by permanently deleting the Facile Application in its entirety from the Authorized Device, whereupon (and without notice from Nymbus) any rights granted to you herein will automatically terminate.  If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate.  In the event of such termination, you must immediately delete the Facile Application from the Authorized Device.
    5. Indemnity
      You agree to hold harmless and indemnify Nymbus and its subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the Facile Application or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Nymbus will provide you with written notice of such claim, suit or action.
    6. Entire Agreement; Revisions to Terms.
      Nymbus may, from time to time, modify these Terms.  Such modifications shall be effective as soon as the modified version of the “Facile Mobile Terms of Use” is posted in the online application store or any other authorized Facile Application distribution location.  You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of the then-current version of the “Facile Mobile Terms of Use” in the online application store or any other authorized Facile Application distribution location.  Your use of the Facile Application following such changes constitutes your acceptance of the revised version of the “Facile Mobile Terms of Use” in the online application store or any other authorized Facile Application distribution location.

 

  • This Agreement is effective as of May 18, 2020

 

Contact Us:

facile@nymbus.support

833.682.3827

 

Banking Services provided by Facile, Member FDIC.  The Facile VISA® Debit Card is issued by Facile pursuant to a license from VISA® Card (VISA® Financial Services, Inc) and may be used everywhere VISA® Cards are accepted.  Facile, neither endorses nor guarantees any of the information, recommendations, optional programs, products, or services advertised, offered by, or made available through the external website (“Products and Services”) and disclaim any liability for any failure of the Products and Services.

 

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