I. Account Agreement
Your funds are held in an FDIC insured account
Effective July 2, 2020
Table of Contents
Please read this carefully and retain it for future reference. This Account Agreement (the “Agreement”) is revised periodically, so it may include changes from earlier versions.
By providing a written or electronic signature on a signature card or opening, or continuing to hold an account with us, you agree to the most recent version of this Agreement, which is available to you at https://passbook.app/account-agreement, or by calling us at the number listed later in this Agreement.
This Agreement outlines the terms and conditions related to the demand deposit account (“Account”) available from Sunrise Banks, N.A., member of the Federal Deposit Insurance Corporation (“FDIC”), (the “Bank” or “Issuer”). “We”, “our”, and “us” refer to the Bank, our successors, affiliates, or assignees. You” and “your” refer to the owner of the Account. “Remitly” refers to Remitly, Inc., its successors, affiliates, or assignees. Remitly markets and administers the Passbook program on our behalf and makes available to you the Passbook Mobile Application (the “Mobile App”).
The Account is offered by us as an alternative to a traditional checking account. It is a checkless banking account with no monthly maintenance or overdraft fees and no checks. Deposits, withdrawals and payments can be made similar to any other deposit account. Deposits can be made via direct deposit, at an ATM, and through online and mobile banking using account to account transfers or via the Mobile App. Cash withdrawals can be made at an ATM. Payments can be made with your debit card, virtual card, or by setting up an Automated Clearinghouse (“ACH”) transfer.
CELLULAR PHONE CONTACT POLICY
By providing us or Remitly with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving communications- including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system- from us, Remitly, our affiliates, Remitly’s affiliates, our agents, and Remitly’s agents at that number. This express consent applies to each such telephone number that you provide to us or Remitly now or in the future, and permits such calls for any reason, including non-marketing purposes. Calls and messages may incur access fees from your cellular provider.
You may open an Account by using the Mobile App. Any request for an Account via the Mobile App will be processed by Remitly, acting on our behalf. The Account is not designed for business use, and we may close the Account if we determine it is being used for business purposes. We reserve the right to refuse to process any transaction(s) that we believe may violate the terms of this Agreement.
Waivers. This Agreement gives us and Remitly certain rights and obligations. If we or Remitly do not take advantage of all our or Remitly’s rights all the time, that does not mean we or Remitly lose any or all of those rights. For example, if we make funds available to you for withdrawal ahead of schedule, that does not mean we must do it again.
Business Days. Our business days (“Business Days”) are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” founds in this Agreement are calendar days unless indicated otherwise.
The Account is available to residents of the 50 United States (“U.S.”) and the District of Columbia who are at least 18 years of age with an accepted government issued ID (for example, a foreign passport) or valid Social Security number. You must agree to accept electronic, rather than paper statements. This means: (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements). We may use information from third parties to help us determine if we should open your 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 with us.
What this means for you: When you apply to open an Account, we or Remitly will ask for your name, address, date of birth, and other information that will allow us to identify you (e.g. Social Security Number, ITIN, etc). We or Remitly may also require you to produce a copy of your driver’s license or other identifying documents. You agree to allow us and Remitly to securely store such identifying information to be used only (1) as may be required by applicable law, (2) in connection with a risk- or fraud-related investigation or (3) with your consent.
The Account consists of the online transaction demand deposit account used to make payments and transfers to third parties online or through the use of a debit card (“Card”) that is automatically issued with the Account. The Account is a checkless account; you may not issue paper checks with the Account.
The Account may only be owned and titled in your name and you are the only person who may deposit, transfer, or withdraw funds or exercise any other account-holder rights. The Account cannot be owned or titled jointly, by an organization, as “Payable on Death” or “In Trust For”.
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 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 or Remitly have knowledge of your death, we may pay or process transactions on your Account on or before the date of death for up to ten days after that date unless ordered to stop payment by someone with a bona fide claim of interest in the Account. We may require additional documentation to confirm any claims made on the Account.
You may give another person authority to make transactions on your 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.
This Agreement and the deposit relationship do not create a fiduciary relationship.
The Account and your obligations under this Agreement may not be assigned. We or Remitly may transfer our rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Neither we nor Remitly waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Minnesota except to the extent governed by federal law.
You may make deposits to your Account using any of the methods set forth below.
Direct deposits or ACH credits initiated from a financial institution other than us*
Frequency and/or Dollar Limits:
ACH debits initiated by us to a financial institution other than us*†
Frequency and/or Dollar Limits:
WHEN AVAILABLE: Cash Deposits via third party money transfer services** or ATM:
Frequency and/or Dollar Limits:
*DIRECT DEPOSITS OR ACH TRANSFERS FROM AN OUTSIDE FINANCIAL INSTITUTION: The recipient’s name on any such deposits we receive must match the name of the Account holder. Any such deposits received in a name other than the name registered to the Account may be returned to the originator. These are the itemized deposit limits for your Account, which limits may be modified from time to time, in our sole discretion, depending on prior activity both on this account and on other transactions, whether or not you have activated the Card and other factors. **\THIRD PARTY MONEY TRANSFER services used to add cash to your Account may impose their own fees, and limits (per transaction, daily, weekly or monthly) on the frequency or amount of cash you may deposit into your Account. These are the itemized deposit limits for your Account, which limits may be modified from time to time, in our sole discretion, depending on prior activity both on this account and on other transactions, whether or not you have activated the Card and other factors. IMPORTANT: If your Account number changes you must immediately notify your employer or any other payors. You must provide them with the new Account number to ensure that your direct deposit activity continues uninterrupted.
†ACH DEBIT ACKNOWLEDGEMENT AND AUTHORIZATION: By entering into this Agreement, you acknowledge and agree to the following ACH Debit Acknowledgement and Authorization.
You acknowledge that you may electronically transfer funds via ACH to your eligible Account from certain external account(s) at other financial institutions (such transfer, if initiated through the Mobile App, an “ACH Debit Deposit”), once you have successfully registered such external account(s) (each such account, an “External Account”).
Subject to the terms of this Agreement, including limits on transfer amounts and availability timing, you hereby authorize us to initiate electronic debit entries to each External Account for various amounts at varying times by making on-demand transfers pursuant to your instructions.
You hereby represent and warrant that you have all necessary right, power and authority to debit each External Account and that all information or instructions that you provide to us in relation to any ACH Debit Deposit is complete and accurate. You agree that all ACH Debits you authorize comply with applicable law. Should an incorrect amount be withdrawn from or deposited to an External Account or your Account, you authorize us to correct the error by debiting or crediting the applicable External Account(s) or your Account. You acknowledge that the origination of ACH transactions must comply with the provisions of applicable law and the rules of the National Automated Clearing House Association (“NACHA”). This authorization is to remain in full force and effect until we have received written notification from you of its termination in such time and in such manner as to afford us a reasonable opportunity to act on it.
Neither the Bank nor Remitly are liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.
Please refer to Section 5, “General Funds Availability Policy” for additional information.
Your 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 2, “Electronic Funds Transfer Disclosure and Special Terms and Conditions.”
IMPORTANT: If your Account number changes you must immediately notify the Merchants. You must provide them with the new Account number to ensure that the ACH Debit activity continues uninterrupted.
|Transaction Type||Frequency and/or Dollar Limits|
|ACH Debits||The following limits apply:
- $5,000 per calendar day
- $25,000 per calendar month
These are the itemized ACH withdrawal limits for your Account, which limits may be modified from time to time, in our sole discretion, depending on prior activity both on this account and on other transactions.
Overpayments and Reversals. If funds are deposited or transferred into your 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 1.C.6 “No Overdrafts” and Section 1.C.7 “Right to Set Off” below for more information about what could occur if your Account has a negative balance.
Note: If your Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services or ATM received after the Account closure date will be rejected and returned to the originator. Access to Mobile Check Deposit will also be disabled.
NNOTE: The recipient name on any ACH credit we receive for your Account must match the name of the Accountholder. Any ACH credit received in a name other than the name registered to the Account may be returned to the originator.
You are not permitted to overdraw your 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 an extended period of time and you have another account with us, we and Remitly reserve the right to exercise our right to set off. See the “Right to Set off” section below for details. If your Account has a negative balance for sixty (60) calendar days or more, it will be closed.
If your Account balance becomes and remains negative for 15 days, we can use the funds in any of your accounts 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 or Remitly. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us or Remitly, now or in the future. We will notify you by email if we have exercised set off rights.
If legal action such as a garnishment, levy or other state or federal legal process (“Legal Process”) is brought against your Account, we may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we and Remitly each individually have first claim to any and all funds in your Account that we each individually have a claim of interest in. Neither we nor Remitly will contest any such Legal Process on your behalf, but we or Remitly may take action to comply with such Legal Process as we or Remitly 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 or Remitly. You agree that you are responsible for any expenses, including legal expenses and fees we or Remitly may incur due to any Legal Process on your Account. We may charge these expenses to your Account. You shall indemnify both Remitly and us for any losses if either Remitly or we endeavor to participate in any Legal Process on your Account.
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on https://passbook.app/account-agreement, and any such amendment shall be effective upon such posting to that Website. The current Agreement is available at https://passbook.app/account-agreement. 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 any prior notice. We may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by calling (206) 725-5784 to close your Account. Your termination of this Agreement will not affect any of our rights, any of Remitly’s rights, or any of your obligations arising under this Agreement prior to termination.
If your Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you via check sent to the mailing address we have in our records. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow 14 days for processing and mailing of the refund check. In the event the program is cancelled, closed, or terminated, we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. We reserve the right to refuse to return any unused balance amount of less than $1.00.
Note: If your Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services or ATM received after the Account closure date will be rejected and returned to the originator. Access to Mobile Check Deposit will also be disabled.
An account that is inactive for a period of time, as determined by us, may be considered dormant and may be subject to escheatment. Each state may have varying laws as to when an account is subject to escheatment and we may be required to send the balance in your 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 Account to the applicable state. For an Account with an international address, the funds will be transferred to the State of Minnesota.
Electronic statements are available to view in the Mobile App. Account statements are considered to be correct. Carefully review your statements each statement period and notify us of any errors within 60 days of your statement becoming available. You also have a right to obtain a 60 day history of your Account transactions by calling us at (206) 725-5784, sending us an email at firstname.lastname@example.org, or by writing to us at Passbook by Remitly, 1111 3rd Ave, Suite 2100, Seattle, WA 98101. You will not automatically receive paper statements.
Accounts that have been open and funded for less than thirty (30) days may have lower transfer limits and higher funds hold times as indicated in Section C.1 “Deposits to the Account”.
You will receive a Card with your Account. You acknowledge and agree that the funds accessible through use of the Card is limited to the available funds of your Account. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of the Card. The Card is the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law.
You must activate the Card before it can be used. You may activate it in the app or by calling (206) 725-5784. When calling, you will need to provide personal information in order for us to verify your identity.
You will not receive a Personal Identification Number (“PIN”) with your Card. However, you will be prompted to select a PIN when you activate it. See the activation instructions in Section 1.D.1 “Activating The Card”. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in Section 2.7 “Your Liability for Unauthorized Transfers”. You must have activated your Card and selected a PIN to use your Card for ATM withdrawals and certain other transactions described in Section 6.
You are responsible for all authorized transactions initiated and fees incurred by use of the Card or Account. If you permit another person to have access to your Card, Card number(s), Account number(s) or PIN, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of your Account according to the terms and conditions of this Agreement.
You may not request an additional Card for another person.
By activating the Card or by retaining, using or authorizing the use of the Card provided with the Account, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a resident in the 50 states of the United States (“U.S.”) or the District of Columbia; (iii) you have the legal capacity to execute, delivery, carryout and perform all your obligations under this Agreement and any other obligation to which you are a party as related to any activity contemplated by this Agreement (iv) you have provided us with a verifiable U.S. street address (not a P.O. Box); (v) the personal information that you provide to us in connection with the Account is true, correct and complete; (vi) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vii) you accept the Card.
WWith your PIN, you may use the Card to obtain cash from your Account at any Automated Teller Machine (“ATM”) with the Plus® Acceptance Mark(s) or any Point-of-Sale (“POS”) device, as permitted by a merchant, that bears the Interlink® or Maestro® Acceptance Mark(s). All ATM transactions are treated as cash withdrawal transactions. Cash withdrawal transactions are all subject to the dollar and frequency limits given in the below table. These are the itemized cash access and spending limits for your Account, which limits may be modified from time to time depending on prior activity both on this account and on other transactions and also whether or not you have activated the Card:
Frequency and/or Dollar Limits
ATM withdrawal/Cash Back at POS*:
*ATM owner-operators, merchants and participating banks may impose their own fees and lower limits on cash withdrawals.
Consistent with applicable law, you may use the Card to purchase goods or services everywhere (and/or obtain cash where permitted by the merchant) from any merchant who accepts Visa cards as long as you do not exceed the available balance of your Account.
Some merchants do not allow customers to conduct split transactions where the Card is used as partial payment for goods and services and the remainder of the balance is paid with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available in the Account to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping the Card, the Card is likely to be declined.
If you use the Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an amount up to $75.00 or more. If the Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use the Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. A preauthorization will place a “hold” on those available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. It may take up to 7 days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
All transactions relating to car rentals may result in a hold for that amount of funds for up to 60 days.
If you use the 16-digit Card number without presenting the Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we or Remitly may limit the amount or number of transactions you can make with the Card. The Card cannot be redeemed for cash. You may not use the Card for illegal online gambling or any other illegal transaction.
Each time you use the Card, you authorize us to reduce the value available in the Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in the Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available in the Account, you shall remain fully liable to us and, if applicable, Remitly for the amount of the transaction and any applicable fees. See Section 1.C.6 “No Overdrafts” and Section 1.C.7 “Right to Set Off” for additional details if your Account balance becomes negative.
You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to 60 days.
New procedures are in effect that may impact you when you use the Card at certain merchant locations. In the past, transactions have been processed as a Visa debit transaction unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either Maestro® or Interlink® transaction.
Merchants are responsible for and must provide you with a clear way of choosing how to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the Maestro® or Interlink® network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the Maestro® or Interlink® network. Please refer to Section 2.7 “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.
To initiate a Visa debit transaction at a point-of-sale, swipe the Card through the POS terminal, sign the receipt, or provide your 16-digit Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your 16-digit Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the available balance of your Account will be converted by Visa into an amount in the currency of the Card. 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.
You should get a receipt at the time you make a transaction using the Card. You agree to retain, verify, and reconcile your transactions and receipts.
If you need to replace the Card for any reason (other than Card expiration), please arrange for Card replacement through the Mobile App. You can also contact us at (206) 725-5784 to request a replacement Card. You will be required to provide personal information, which may include your Account number, 16-digit Card number, full name, transaction history and copies of acceptable documentation.
The Card will expire no later than the date printed on the front of it. You will not be able to use the Card after the expiration date; however, a replacement Card will automatically be mailed to you prior to Card expiration. If you need a Card replacement for any reason other than the Card’s expiration, you may request one at any time by following the procedures in the previous Section 1.D.11, “Card Replacement.”
With your Account, you will have access to the Bank’s money transfer service via the Mobile App. This service allows you to send money to other Passbook accountholders as well as receive money from other Passbook accountholders (such sending or receiving of money, a “Money Transfer”). You may send money to another Passbook accountholder by inputting the intended recipient’s email address, mobile phone number, or unique Passbook username (the “Identifier”) and the Money Transfer dollar amount you would like to send. Approved Money Transfers will be applied to the Account associated with the recipient’s Identifier entered by the sender and debited from the sender’s Account.
Please note: The intended recipient must have an open Passbook Account in order to receive a Money Transfer. If you wish to send money to a non-Passbook member, your intended payee must sign-up and be approved for a Passbook Account prior to receiving your payment.*
You may initiate sending money to a non-Passbook member by inputting the intended recipient’s email address or mobile phone number and the Money Transfer dollar amount you would like to send. Once a payment is initiated to a non-Passbook member, the Money Transfer dollar amount will immediately be deducted from your Account balance. The non-Passbook member will receive a notification via text or email, depending on the information you provided. In order to complete the payment, the non-Passbook member will need to sign-up and be approved for a Passbook Account within fourteen (14) days to complete the transfer and access the transferred funds.
If the non-Passbook member does not sign-up, or is not approved, for a Passbook Account within fourteen (14) days of you initiating the payment, then the payment will be cancelled, and the Money Transfer dollar amount will be returned to your Account.
To send a Money Transfer, login to the Mobile App and select “send money” and enter the intended recipient’s Identifier.
You are responsible for entering the Identifier accurately to ensure the Money Transfer is sent to the correct recipient. Your account will be debited for all completed Money Transfers, even if you make an error in the Identifier and the Money Transfer is sent to an Account other than the one you intended.
By using the Money Transfer service, you represent that you are the owner of the mobile phone number or email address listed on your Account. You consent to have the first and last name registered on your Account associated with the username. By doing so, your first and last name will be visible to other Passbook accountholders who search for you by username. This will assist the sending Passbook accountholder in verifying that you are the intended recipient of the Money Transfer.
Please note: The Identifier entered during the Money Transfer will display in your transaction history and on your statement for your reference. Additionally, if a username was used to facilitate the Money Transfer, the first name and last initial of the receiving Passbook member will display in your transaction history after the Money Transfer has been processed. An optional reference field is also available to add a personalized message to the recipient. These messages will be visible in your online transaction history but will not be included on your monthly statement.
There are no fees associated with the use of the Money Transfer service.
By registering a mobile phone number on your Account, you are certifying that you are the owner of the mobile phone account or have the account owner’s permission to register the mobile phone number.
Message and data rates may apply to the use of the mobile device when using the Money Transfer service via the Mobile App.
Money Transfers may be initiated at any time as long as the transfer request does not exceed the available balance in your Account. We or Remitly may refuse to process any transaction that exceeds any of the limits described below. If your Money Transfer is denied because your Account balance is not sufficient, you are responsible for making alternate payment arrangements with the intended recipient.
Transaction Type and Frequency and/or Dollar Limits - Person to Person Money Transfer*
Prior to sending a Money Transfer, the sender will be prompted to confirm the transaction. Once the Money Transfer is sent, it cannot be cancelled. It is the sender’s responsibility to ensure the information is accurate prior to confirming the Money Transfer request.
If you believe your Account has been compromised or that a Money Transfer from your Account was completed without your permission, please contact (206) 725-5784 immediately. Please see Section 2.7 below, “Your Liability for Unauthorized Transfers”, where your liability for unauthorized transfers from the Account is explained.
Your Account number and bank routing number can be used for preauthorized direct debits (“ACH Debit(s)”) from Merchants, including Internet service or other utility service providers, and for the purpose of initiating direct deposits (“ACH Credits”) to your Account.
Note: The recipient’s name on any direct deposit(s) or ACH Credit(s) we receive must match the name on the Account. Any direct deposits received in a name other than the name registered to the Account may be returned to the originator.
Cut-off Time. The cut-off time for scheduling ACH transfers is 2pm Eastern Time. 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 limitations to the amount of funds that can be transferred from your Account per day are described below. These limits may be modified from time to time depending on prior activity in your Account. For ACH Debit limits on deposits into your Account, please see Section 1.3.1 “Deposits to the Account”.
Transaction Type Frequency and/or Dollar Limits ACH Debits from Merchants, utility service providers and other financial institution or ACH Transfers from your Account to another Passbook Account A daily limit of 4 times and no more than $5,000 daily and $25,000 in a month period. These limits may change at any time by us in our sole discretion. Acceptance of ACH Transfers may vary by receiving financial institution. Please contact the bank you wish to send funds to prior to initiating an ACH Transfer to determine if restrictions apply.
The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated credits”, “direct deposits” or ACH Credits are deposits made to your Account by electronic means. “Automated debits”, “Automated payments” and ACH Debits indicate payments authorized by you to be made from your Account by electronic means.
When you accept direct deposits or authorize automatic payments/ACH 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 Regulation E or this Section 2.
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:
call (206) 725-5784 or email email@example.com, in time for us to receive your request 3 Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
If the recurring ACH transfers you make might vary in amount, the person you are going to pay will tell you the transfer date and amount of the transfer 10 days before each payment is scheduled to take place. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set).
If you order us to stop a preauthorized payment 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.
Contact us at once if you believe your Card, PIN or Account number has been stolen or compromised. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account. If you tell us within 2 Business Days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your card, PIN, or account number without your permission.
If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your card, PIN, or account number, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500.
Also, if you statement shows transfers that you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can show that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If your Card, PIN or Account number has been lost, stolen or compromised, we will close your Card and/or Account to keep losses down and send you a replacement Card and/or Account number.
If your Account changes you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.
Additional Limits on Liability under Visa Rules: Under Visa Rules, unless you have been grossly negligent or have engaged in fraud you will not be liable for any unauthorized transaction using your lost or stolen card. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by Visa.
Contact in the event of unauthorized transfer: If you believe your card, PIN, or account number has been lost or stolen, call (206) 725-5784 or write: Passbook by Remitly, 1111 3rd Ave, Suite 2100, Seattle, WA 98101.
Additional Limits on Liability for Apple Pay: You can add your Cards in Apple Pay on your Supported iOS Devices and use the digital versions of your Card in Apple Pay to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments and (ii) purchases in-app or on websites of merchants that accept Apple Pay.
APPLE PAY IS PROVIDED BY APPLE AND OTHER THIRD PARTIES THAT SUPPORT APPLE PAY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IN APPLE PAY IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR AUTHORIZED REPRESENTATIVES, DO NOT WARRANT AGAINST INTERFERENCE, DELAY, INTERRUPTION OR DISRUPTION WITH YOUR USE OF ANY CARD IN CONNECTION WITH APPLE PAY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REMITLY, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY WILL CREATE ANY WARRANTY.
THE ACCESS, USE, AND MAINTENANCE OF A CARD WITHIN APPLE PAY DEPENDS ON THE APPLE PAY SERVICES AND THE NETWORKS OF WIRELESS CARRIERS AND NOT REMITLY. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD, SUCH AS UNAVAILABILITY OF APPLE PAY OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. REMITLY DISCLAIMS ANY RESPONSIBILITY FOR APPLE PAY OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A CARD WITHIN APPLE PAY.
If we do not properly complete a transaction to or from your Account or Card on time or in the correct amount according to our Agreement with you; we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
a. If through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
b. If a merchant refuses to accept your Card or Account number;
c. If an ATM where you are making a cash withdrawal does not have enough cash;
d. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
e. If access to your Card or Account has been blocked after you reported your Card or Account number lost, stolen or compromised;
f. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
g. If we have reason to believe the requested transaction is unauthorized;
h. 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
i. Any other exception stated in our Agreement with you.
We or Remitly may disclose information to third parties about your Account, Card or the transactions you make:
a. Where it is necessary for completing transactions;
b. In order to verify the existence and condition of your Account or Card for a third party, such as a credit bureau or a merchant;
c. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
d. If you consent by giving us or Remitly your written permission;
e. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
f. Otherwise as necessary to fulfill our obligations under this Agreement.
In case of errors or questions about your electronic transactions, call (206) 725-5784 or send an email to firstname.lastname@example.org as soon as you can, 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 hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
a. Tell us your name, Account number and/or 16-digit Card number.
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. c. Tell us the dollar amount of the suspected error.
If you provide this information orally, we or Remitly may require that you send your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within 10 Business Days, we may not credit your Account.
For errors involving new Account, POS transactions or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For a new Account, we may take up to 20 Business Days to credit your Account for the amount you think is in error.
We will tell you the results within 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 2.10. If you need more information about this program’s error-resolution procedures, call (206) 725-5784.
This is not an interest-bearing account. No interest will be paid.
a. Minimum Balance Requirements. There is no initial deposit required to open an Account. You may deposit any amount you wish when opening the Account.
b. Transaction Limitations. Minimum and maximum withdrawal limitations apply. See Section 1.D.6 “Cash Access and Transaction Limitations” and Section 2 “ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS” for full information regarding these limits.
For customer service assistance or additional information regarding your Account, please email Remitly at email@example.com or call Remitly at (206) 725-5784.
From time to time we or Remitly may monitor and/or record telephone calls between you and us or between you and Remitly to assure the quality of our member service team or as required by applicable.
Neither we nor Remitly are responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account.
You acknowledge that intellectual property as part of the Account, including the content of this application and website, text, graphics, logos, and images, as well as all other Remitly copyrights, trademarks, logos, and product and service names (together, collectively, the “Remitly Intellectual Property”) are owned exclusively by Remitly.
You agree not to display, use, copy, or modify Remitly Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this application and application for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Account or other Remitly Intellectual Property; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website and application (or printed pages thereof); or (iii) infringe Remitly’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
We make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the service we and Remitly provide is dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You agree to indemnify and hold us, Remitly, any service providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Account, your connection to the Account, your violation of the Agreement, or your violation of any rights of another.
IN NO EVENT SHALL BANK, REMITLY, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REMITLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF REMITLY, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
a. Governing Law. This Agreement shall be governed according to the laws of the State of Minnesota, and all activities performed in connection with the Account shall be deemed to have been performed in Minnesota. Any controversy, dispute, or claim arising out of or relating to the Service or Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of Minnesota, except (i) for any disputes regarding Remitly Intellectual Property, which shall be governed by the laws of the state of Washington, and (ii) that body of law governing conflicts of law.
b. Disputes. If a dispute arises between you and Remitly or between you and us, our goal is to learn about and address your concerns. If we or Remitly are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Remitly regarding the Account may be reported online to Customer Service; by telephone at 1-888-736-4859 (outside the United States, call 1 (206) 535-6152); or by mail at Remitly, Inc., attn: Customer Service, 1111 3rd Ave, Suite 2100, Seattle WA 98101, USA.
i. Definitions: For purposes of this Section 2.19.C, “Claim” means any current or future claim, dispute or controversy relating in any way to this Agreement or your Accounts, except for the validity, enforceability or scope of the arbitration provision set forth in subsection d below. “Claim” includes: (i) initial claims, counterclaims, cross claims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (iii) claims by or against any third party using or providing any product, service or benefit in connection with this Agreement or your Account; and (iv) claims that arise from or relate to (A) this Agreement, (B) your Account, (C) advertisements, promotions, or statements related to this Agreement or your Account, (D) your application to open the Account, or (E) consumer reporting or inquiries related to your Account. We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence. Without limiting Section 21(e), Remitly and its affiliiates are entitled to the rights and benefits of this Section 2.19(c) as if the terms “we”, “us”, and “our” of this Section also included Remitly and its affiliates and as if they were parties hereto.
ii. Claim Notices: Before beginning a lawsuit, mediation or arbitration, you and we agree to send a notice (a “Claim Notice”) to each party against whom a Claim is asserted. The Claim Notice will give you and us a chance to resolve our dispute informally or in mediation. The Claim Notice must describe the Claim and state the specific relief demanded. Notice to you may be sent to your current mailing address or email address on file with the Bank. You must provide your name, address and phone number in your Claim Notice. Your Claim Notice must be sent to Passbook by Remitly, 1111 3rd Ave, Suite 2100, Seattle, WA 98101.
iii. Mediation: In mediation, a neutral mediator helps parties resolve a Claim. The mediator does not decide the Claim but helps parties reach agreement. Before beginning mediation, you or we must first send a Claim Notice. Within 30 days after sending or receiving a Claim Notice, you or we may submit the Claim to JAMS (1-800-352-5267, jamsadr.com) or AAA (1-800-778-7879, adr.org) for mediation. We will pay the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a Claim to mediation will not affect your or our right to elect arbitration.
iv. Arbitration: (A) You or we may elect to resolve any Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims will be decided by one neutral arbitrator who will be a retired judicial officer or an attorney with at least 10 years of experience; however, if we both agree, we may select another person with different qualifications. (B) IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. (C) Before beginning arbitration, you or we must first send a Claim Notice. The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, if we choose one of those two organizations, you may choose the other organization instead if you inform us of that choice within thirty (30) days after we elect arbitration. (D) Claims will be resolved pursuant to this section, and the selected organization’s rules in effect when the Claim is filed, except where those rules conflict with this section. If the rules conflict, the terms of this Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization, if you and we agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”). (E) We will not elect arbitration for any Claim you file in small claims court, so long as the Claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this arbitration provision, including the right to arbitrate a Claim, without waiving the right to exercise or enforce those rights. (F) This arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the limitations of this section, the arbitrator may award any relief available in court. Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. The arbitration will be confidential, but you may notify any government authority of your Claim. Judgment upon any arbitration award may be entered in any court having jurisdiction. Arbitration hearings will take place in St. Paul, Minnesota or, upon your request, in the federal judicial district where you reside. (G) You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had litigated in court. We will be responsible for any additional arbitration fees. We will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause, if you ask us in writing to do so.
v. Arbitration Opt-Out; Your Right to Reject Arbitration: YOU MAY REJECT THIS ARBITRATION PROVISION BY CALLING US AT (206) 725-5784, OR WRITING US AT PASSBOOK BY REMITLY, 1111 3RD AVE, SUITE 2100, SEATTLE, WA 98101 AND STATING THE FOLLOWING IN YOUR NOTICE (I) YOUR NAME, (II) YOUR ADDRESS, (III) YOUR PHONE NUMBER, AND (IV) THAT YOU ARE EXERCISING YOUR RIGHT TO REJECT ARBITRATION UNDER SECTION 2.19 OF YOUR AGREEMENT (A “REJECTION NOTICE”). YOUR REJECTION NOTICE MUST BE RECEIVED WITHIN 90 DAYS AFTER THE OPENING OF YOUR ACCOUNT. IF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, THIS ARBITRATION PROVISION WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. REJECTION OF THE ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIES UNDER THIS SECTION 2.19 OR THIS AGREEMENT. vi. Class Action Waiver and Other Limitations on Arbitration: IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS, IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER ACCOUNT OWNERS OR OTHER PERSONS. The arbitrator’s authority is limited to Claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. Any arbitration award shall be confidential, and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Despite any other provision and without waiving the right to appeal such decision, if any portion of this subsection is deemed invalid or unenforceable, then the entire arbitration provision set forth in Section 2.19.c will not apply. d. vii. Survival and Severability of Dispute Resolution Provision: This Section 2.19 will survive the closing of your Account and the termination of any relationship between us, termination of this Agreement, any legal proceeding relating to your Accounts, any bankruptcy (as applicable) or receivership and any sale or assumption of this Agreement, your Account or any and all rights thereunder. In the case of a sale or assumption of this Agreement, your Account or any and all rights thereunder, the buyer will be bound by and may enforce the terms of this section. If any portion of this Section 2.19 is deemed invalid or unenforceable, it will not invalidate the remaining provisions of this Section or of this Agreement (except as set forth in subsection 2.19.vi above).
You acknowledge that this Agreement shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means: (i) this Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Account; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Account, the Bank or Remitly.
Communications may be provided to you through the use of autodialed or prerecorded message calls or text messages at the telephone number(s) that you provide us with. We may contact you directly or we may share your phone number with service providers with whom we contract to provide such Communications. Standard telephone minute and text charges may apply. The hardware and software requirements for access to and retention of the Communications associated with the Account include a personal computer or other device which is capable of accessing the Internet; an Internet Web Browser; and a printer or other device capable of printing and/or retaining agreements and documents.
The Account does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using the contact information at the end of this Agreement.
a. Entire Agreement. The Agreement constitutes the entire agreement between you and the Bank and governs your use of the Account, superseding any prior agreements between you and the Bank regarding the use of the Account.
b. No Waiver. The failure of Remitly to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
c. Force Majeure. Neither us or Remitly nor Bank shall be liable for any failure or delay in the performance of the Account to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.
d. Modification. We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement at any time by reviewing this content through following the link on the Application. You may terminate your use of the Account if you do not agree with any modification or amendment. If you use the Account after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.
e. Third Party Beneficiary. You acknowledge and agree that Remitly and its affiliates are intended third party beneficiaries to these terms and conditions, and are entitled to the rights and benefits hereunder and may enforce the provisions hereof as if they were parties hereto.
f. Other Terms. This Agreement may be supplemented by terms applicable to other promotions and other terms applicable to you based upon your use of the Account. These terms are incorporated into this Agreement by reference. To the extent that any of these terms are determined to be in conflict with this Agreement, this Agreement shall control.
This Agreement is drafted in the English language and translations may be provided in other languages. You agree that the English version of the Agreement will control in the event of any inconsistency between the English and translated versions in any dispute related to this Agreement.
Questions, notifications, and requests for refunds or further information can be sent to Passbook by Remitly, as follows: online; by telephone at call (206) 535-6152); or by mail at Passbook by Remitly Inc., attn: Passbook Customer Service, 1111 3rd Ave, Suite 2100, Seattle, WA 98101, USA.
Mobile check deposit (“Mobile Deposit”) allows you to make deposits to your 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 (each set of such complying images, collectively, a “Check Image”). Checks deposited using Mobile Deposit must be endorsed in the same manner in which it is made payable to you and with the restrictive endorsement: “For Mobile Deposit Only to Passbook Account #XXXXXXXX”, or in any other manner as instructed by us or Remitly. If the Check Image is accepted for deposit, we or Remitly will notify you electronically through the communication method you have selected as preference (such confirming notice, an “Electronic Notice”). The we will then attempt to collect the item by presenting the image or converting the image into a digital representation of the original check (such representation, a “Substitute Check”). Unlike traditional check deposits, you retain the original paper check when you use Mobile Deposit. See Section 3.10 “Retention of Original Check” for retention requirements. The manner in which Substitute Checks are cleared, presented for payment and deposited will be determined by us, in our sole discretion. We may change, modify, add or remove functionality from Mobile Deposit at any time, with or without notice to you.
We will determine whether you are eligible for the Mobile Deposit feature at our discretion. We may suspend or terminate your use of Mobile Deposit at any time and without prior notice to you. If you violate the terms of the Mobile Deposit, such actions may be used as a basis to terminate your Account.
In order to use Mobile Deposit, you must have an Apple iOS or Android smartphone capable of installing and running the 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.
Maintenance to Mobile Deposit may be performed from time to time resulting in interrupted service, delays or errors in Mobile Deposit and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
There is no fee for depositing a check via Mobile Deposit. In the event that a check you deposit using Mobile Deposit is returned by the bank upon which it was drawn, there is also no fee. Please note that your mobile carrier may charge you for sending and receiving data to upload Check Images using the Mobile App.
Limits may be imposed on the dollar amount or number of deposits you may make through Mobile Deposit, and we may change such limits at any time at our discretion. In the first thirty (30) days after your first successful deposit posts (such time period, the “New Account Period”) your Mobile Deposit you will only be allowed to deposit two checks of $500 or less. After the New Account Period, you will be allowed to deposit up to 10 checks of $2,000 or less per month, up to a maximum of $10,000 in Mobile Deposits per month.
These are the itemized Mobile Deposit limits for your Account, which limits may be modified from time to time, in our sole discretion, depending on prior activity both on this account and on other transactions, whether or not you have activated the Card and other factors.
*Check deposits made to a new Account are subject to a longer hold during the first thirty (30) days beginning on the calendar day that a deposit has successfully posted to your Account. For more information, see Section 3.13 “Mobile Deposit Funds Availability.”
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:
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. If a check made payable to a third party is deposited to your account before we detect it, we may, without notice to you, debit your account and return the funds in the form of a check payable to the payee of the original check and mailed to your address on file with us. Neither Remitly nor us will be liable for any such checks that may become lost in the mail. We and Remitly reserve the right to reject a Mobile Deposit if it is made payable to us or Remitly and contains no means to identify the Account to which it should be credited.
Neither we nor Remitly is responsible for Check Images not received or dropped during transmission. A Check Image will be deemed received only when we or Remitly 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 us or Remitly. An Electronic Notice 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 we or Remitly 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 re-issued check be provided to you. If you do submit the original check for processing, we and Remitly reserve the right to refuse to process it and may instead require you to have the check re-issued.
Once the funds from the Check Image have been credited to your 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 us or Remitly 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 us to deduct the amount of the check in question from your Account, regardless of whether such action may cause your Account to not have sufficient funds. Immediately after this sixty (60) day period, you must destroy the original paper check.
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 Account are genuine. Any endorsement must be placed in the one-inch area starting at the left side on the back of any item and the remaining area on the back of the item must not contain any preprinting, stamped or handwritten information. If you fail to do this, you may be required to reimburse us or Remitly for any losses we or they incur. For any check deposited as a Check Image through Mobile Deposit, you must endorse the check by signing or stamping the back and including a restrictive endorsement of “For Mobile Deposit Only to Passbook Account #XXXXXXXX”, or in any other manner as instructed by us or Remitly, before you take a picture of the check. Checks lacking proper endorsement may not be accepted for deposit.
You will comply with all applicable rules, laws and regulations. Each time you submit a Check Image for deposit through Mobile Deposit, you also make all the warranties set forth in and subject to the terms of the Minnesota Uniform Commercial Code (the “UCC”) for the image as if it were an item subject to the terms of the UCC. You make the following warranties and representation with respect to each image of an original check you transmit to us using Mobile Deposit:
Further, you agree that with respect to each image of an original check you transmit using Mobile Deposit:
This Section 13, and the availability of funds described herein, applies only to deposits made through Mobile Deposit through the Mobile App. For availability of other deposits, see Section 5 “General Funds Availability”.
Business Days and Cutoff Times. Any Check Image received for processing prior to 2:00pm Eastern Time on a Business Day will be considered received as of that day. Otherwise, the Check Image will be considered received as of the next Business Day.
Next Day Availability. Funds are available on the next Business Day after the day of deposit for U.S. Treasury checks or checks drawn on Sunrise Banks N.A. (such checks, “Next-Day Availability Items”).
Second Day Availability. Other checks drawn on a bank in the United States will generally be available on the second Business Day after the day of deposit (such checks “Second-Day Availability Items”), including:
The first $225.00 from a deposit of checks will be available on the next Business Day after the deposit is applied to the Account. The remaining funds in excess of $225.00 will be available on the second Business Day after the day the funds from the Mobile Deposit are applied to the Account.
For example, if a check of $700.00 is applied to your Account on a Monday that is a Business Day, $225.00 of the deposit is available on Tuesday. The remaining $475.00 is available on Wednesday.
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:
We or Remitly will send 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 ninth (9th) Business Day after the deposit is accepted for processing.
Special Rules for New Accounts. For the first thirty (30) days after the Business Day your first deposit is successfully posted, these special rules will apply to your new Account:
We do not charge any fees on your Account.
If you use an ATM outside of the Visa Plus Alliance ATM network, including for 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 or Remitly. This ATM fee amount will be charged to your Account.
Information contained in this Section 5 is provided to assist you in understanding our Funds Availability Policy.
We make funds available according to the type of deposit and when the funds are applied, or credited to your Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, Bill Pay transactions or transactions using your Card during the hold period. We have the right to refuse any deposit. Our policy is to make funds from your cash and electronic deposits available to you on the next Business Day we receive your deposit. See Section 5.1 (Availability) below for details about when you can use the funds from different types of deposits.
If final payment is not received on any item you have deposited into your 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.
When a deposit is made by - Deposited funds are available:
For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 2 p.m. Eastern 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 2 p.m. Eastern, or on a day we are not open, we will consider that the deposit was made on the next Business Day we are open.
Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Account. ACH Credits received from an external bank account will be applied to the Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability. ACH Debits, as described in Section 5.1 (Availability) do not have same day availability.
LAST UPDATED: June 23, 2020
Remitly 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.
This agreement (“Terms”) is entered into between you and Remitly, Inc. (“Remitly”), the program partner responsible for managing the Passbook Account. Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“Mobile App”) solely for personal, non-commercial purposes.
In order to access and utilize the functionality of Passbook, you must have an Apple iOS or Android smartphone capable of installing and running the Mobile App (see relevant app store details for specific hardware and OS requirements). You may not use the Mobile App in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Remitly’s services; (ii) any other party’s use and enjoyment of Remitly’s services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Mobile App (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Mobile App, including, without limitation, any usage rules set forth in the online application store terms of service. From time to time, Remitly may automatically check the version of Mobile App installed on the Authorized Device and, if applicable, provide updates for the Mobile App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Mobile App. By installing the Mobile App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Mobile App and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates).
Remitly reserves the right to temporarily disable or permanently discontinue any and all functionality of the Mobile App at any time without notice to you and with no liability for Remitly.
For the avoidance of doubt, agreement to these Terms is solely between Remilty and you. If you need to contact Remitly about the Mobile App, you may do so by calling (206) 725-5784 or by emailing firstname.lastname@example.org.
Remitly may track and archive certain information regarding your use of the Mobile App (“Use Information”). Use Information does not reveal your personal identity. Use Information may be stored and processed in the United States or any other country in which Remitly or its agents maintain facilities. By using the Mobile App, you consent to the collection of your Use Information and to any transfer of your Use Information outside of your country.
You hereby acknowledge that Remitly owns all rights, titles and interest in and to the Mobile App and to any and all proprietary and confidential information contained therein (“Remitly Information”). The Mobile App and Remitly 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 Mobile App or otherwise attempt to derive source code from the Mobile App; (ii) copy, distribute, transfer, sell or license the Mobile App; (iii) transfer the Mobile App to, or use the Mobile App on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Mobile App; (v) use the Mobile App to access, copy, transfer, retransmit or transcode content made available through the Mobile App (“Content”) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter Remitly’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Mobile App.
Content is protected by applicable intellectual property rights and is the property of Remitly, its third party licensors and partners (as applicable), and other entities that provide such content to Remitly. 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 Mobile App hereunder. Remitly and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.
Remitly does not represent that the Mobile App is appropriate or available for use in any geographical location. Any entity choosing to use the Mobile App is solely responsible for compliance with all applicable laws. The Mobile App 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 Mobile App, 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.
You may terminate acceptance of these Terms at any time by permanently deleting the Mobile App in its entirety from the Authorized Device, whereupon (and without notice from Remitly) 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 Mobile App from the Authorized Device.
You agree to hold harmless and indemnify Remitly 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 Mobile App 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, Remitly will provide you with written notice of such claim, suit or action.