Deposit Account Terms & Conditions

 

Deposit Agreement and Disclosures

Please read this carefully and retain it for future reference. This Bank Account Agreement (the “Agreement”) is revised periodically, so it may include changes from earlier versions.
This agreement outlines the Deposit Account Agreement (the “Agreement”) related to the deposit account (“Account”) available from First Finance International Bank Inc (FFIBI) on behalf of CellFundsGo, (aka Cellfunds USA LLC.), the program partner responsible for managing the CellFundsGo Account (“CellFundsGo”). “We”, “our”, and “us” refer to the Bank, our successors, affiliates, or assignees. “You”, “your”, and “member” refer to the owner of the Deposit Account. First Finance International Bank Inc. is authorized by the Commissioner of Financial Institutions and is headquartered in San Juan, Puerto Rico (License number EFI 041), (the “Bank” or “Issuer”)

Business Days

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.

Cellular Phone Contact Policy

By providing us with a telephone number for a cellular phone or another wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receive 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, CellFundsGo, our affiliates, CellFundsGo’s affiliates, our agents, and CellFundsGo’s agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider.
You may open your Account at the CellFundsGo Website (the “Website”) by visiting cellfundsgo.com. The CellFundsGo Account is not designed for business use, and we may close your 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.
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 cellfundsgo.com, or by calling us at the number listed on the last page of this Agreement.

FFIBI Individual Account Agreement

Who is Eligible for an Individual Account

An FFIBI Individual Account is available to citizens or legal permanent residents in one of the supported countries by FFIBI (List available on www.firstfinancebank.com/countries); who are at least 18 years of age with a valid Governmental ID; and who provide us with a valid residential address (not a P.O. Box). 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 Individual Account.

Open 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 to see a copy of your driver’s license or other identifying documents like a passport.

The Deposit Account

The Deposit Account is the name of our Designated Individual Bank Account offered to our customers and/or affiliate partners. The Deposit Account consists of the digital and online transaction deposit account used to make payments and transfers to third parties online or through the use of an FFIBI UPI® Prepaid Card or Debit Card (“Card”) that is automatically issued with the Account. The Deposit Account is a personal, checkless account. You may not issue paper checks with the Deposit Account.
Members have the option to open a linked Savings Account (“Savings” or “Savings Account”) which is a Non-bearing savings account. Separate terms and conditions apply to the Savings Account: see firstfinancebank.com for additional information.

Account Titling and Ownership

The Deposit Account may only be owned and titled in the name of one person who may deposit, transfer, or withdraw funds. The Deposit Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).

Death or Incapacitation

You or your appointed party, designee, or appointed individual to 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 Deposit 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 Deposit Account on or before the date of death for up to ten (10) days after that date unless ordered to stop the payment by someone claiming an interest in your Deposit Account. We may require additional documentation to confirm any claims made on the Deposit Account.

Power of Attorney

You may give another person authority to make transactions on your Deposit Account by giving power of attorney to another individual. The account owner and person executing power of attorney over a deposit account are 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.

Our Relationship with You

This Agreement and the deposit relationship do not create a fiduciary relationship.

Privacy Policy

Our Privacy Policy/Notice(s) are available at https://www.firstfinancebank.com/privacy-policy and are considered part of this Agreement.

General Rules Governing Deposit Accounts

The Deposit Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Deposit 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 laws of Puerto Rico except to the extent governed by federal law.

Deposits to the Account

Make deposits to your Deposit Account using any of these methods:

Direct deposits or ACH Transfers initiated from an outside financial institution
– No limit to the number of times per calendar day
– No maximum dollar limits

Deposits using an external debit card* (no gift cards or credit cards) from an outside financial institution
– Minimum of $25.00; maximum of $500.00 per calendar day
– Maximum of $2,500.00 per calendar Month

Cash Loads Deposit**
– Available within two (2) hours after loading
– 3 per day, $1,000.00 per load; $1,000.00 per day; $10,000.00 per calendar month

*DIRECT DEPOSITS OR CREDITS USING A DEBIT CARD FROM AN OUTSIDE FINANCIAL INSTITUTION: The recipient’s name on any such deposits we receive must match the name of the Deposit Account holder. Any such deposits received in a name other than the name registered to the Deposit Account will be returned to the originator. Deposits using an external debit card from an outside financial institution will be available within minutes of a successful transaction.
** THIRD PARTY MONEY TRANSFER services used to load funds to your Deposit Account may impose their own fees, per transaction, daily, weekly or monthly limits on the frequency or amount of cash you may load to the Deposit Account.

The above may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to our services, unforeseen circumstances, or outages. First Finance International Bank Inc. will give you reasonable notice if your access to feature changes or is no longer available to you.

No Cash, Paper Checks or Foreign Currency

We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

Cash – We do not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address we have for you on file. Cash deposits has to be made through accredited locations and third parties’ offering cash deposit services to First Finance International Bank Inc.

Paper Checks – Personal checks, cashier’s checks, and money orders may not be deposited by mail. All checks and money orders sent to us for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at our discretion.
Foreign Currency – We do not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check; will be sent back to the address we have for you on file.

Problems That Could Occur with Deposits

Overpayments and Reversals. If funds are deposited or transferred into your Deposit Account by mistake or otherwise, we may correct the situation by deducting the amount of the deposit from your Deposit Account without prior notice to you. If there are not enough funds in your Deposit Account at that time, your Deposit Account could become overdrawn. See the “No Overdrafts” and “Right to Set Off” sections below for more information about what could occur if your Deposit Account has a negative balance.

No Overdrafts

You are not permitted to overdraw your Deposit Account. If the available balance in your Deposit Account is not sufficient to cover any payment or withdrawal you have authorized, we will refuse to process the payment or withdrawal. If your Deposit Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Deposit Account has a negative balance for an extended period of time and you have another account with us, we reserve the right to exercise our right to set off. See the “Right to Set Off” section below for details. If your Deposit Account has a negative balance for ninety (90) calendar days or more it will be closed. the Bank reserve the right to close your Deposit Account and any other FFIBI-branded Account(s) you have opened if you overdraw your Deposit Account in violation of these.

Right to Set Off

If your Deposit Account balance becomes and remains negative for fifteen (15) days, we can use the funds in any of your accounts to repay the amount owed on the negative balance Deposit 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 account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right to set off.

Legal Processes Affecting Accounts

If legal action such as a garnishment, levy, or another state or a federal investigation or legal process (“Legal Process”) is brought against your Deposit Account, we may refuse to permit (or may limit) withdrawals, transfers, closures, or refunds from your Deposit Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such Legal Process, we have first claim to any and all funds in your Deposit 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 Deposit Account. We may charge these expenses to your Deposit Account. You will indemnify us for any losses if we do this.

Account Holds, Suspensions, and Closures

CellFundsGo or/and The Bank may suspend, freeze, or close your Account for any reason with or without notice. Such reasons include, but are not limited to:
– If we, at any time, believe a member is using the Deposit Account and/or associated CellFundsGo UPI® Prepaid or Debit Card for fraudulent or illegal purposes, or such member otherwise presents an undue risk to CellFundsGo and/or the Bank as determined in our sole discretion.
– If you use conflicts with any federal, state or local law, rule or regulation, including federal foreign asset control and sanction rules and anti-money-laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations.
– If we receive a court order or other Legal Request to suspend or close your account.
– If your non-fraudulent actions nonetheless violate any part of the Deposit Account Agreement.
– If our monitoring of your Deposit Account detects any such activity, the Account funds will be subject to hold pending review of the activity by the Bank. The Bank and/or CellFundsGo may require you and other parties to the activity to produce documents and/or other materials evidencing the validity of the activity. Funds on deposit in any Account are subject to hold at the Bank’s discretion until the source of such funds and/or the activity is properly verified.

Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on ww.firstfinancebank.com, and any such amendment shall be effective upon such posting to that Website. The current Agreement is available at www.firstfinancebank.com. 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 a change without prior notice. We may cancel or suspend your Deposit Account or this Agreement at any time.

You may cancel this Agreement by calling 1-888-363-1895 to close your Deposit 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 Deposit Account is canceled, closed, or terminated for any reason, you may be eligible to receive the unused balance, which will 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 fourteen (14) days for processing and mailing. Your check will be mailed to you to the address on file after it is processed. In the event the program is canceled, closed, or terminated, we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Deposit Account balance, will be in the notice. We reserve the right to refuse to return any unused balance amount less than $1.00.

Account Dormancy and Escheatment

An account that is inactive for a period of time may be considered dormant and is subject to escheatment. Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Deposit Account to the state of your last known address if you are residing in the United States of America. We will make all reasonable efforts to contact you before transferring the remaining balance of your Deposit Account to the applicable state. For a Deposit Account with an international address, the funds will be transferred to Puerto Rico.

Statements

Electronic statements are available to view and print at firstfinancebank.com. Deposit 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 also have a right to obtain a sixty (60) day history of your Deposit Account transactions by calling us at 1-888-363-1895, sending us an email at [email protected], or by writing to us at FFIBI Customers Service, 252 Avenue Ponce de Leon, San Juan, 00918 Puerto Rico. You will not automatically receive paper statements.

Special Rules for New Accounts

Deposit Accounts open less than thirty (30) days or Deposit Accounts with a UPI® Prepaid or Debit Card that has not been activated with a minimal deposit of $50.00 will be limited in functionality.

The FFIBI UPI® Prepaid or Debit Card

You will receive a UPI® Prepaid or Debit Card (“the Card”) with your Deposit Account. You acknowledge and agree that the funds accessible through the use of the Card are limited to the available funds in your Deposit 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 non-transferable and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.

Activate the Card

You must activate the card before it can be used. To activate your card, you need to follow the instruction available in the letter provided with the card. You may activate it online at cellfundsgo.com or through the Web Mobile App.

Personal Identification Number

You will not receive a Personal Identification Number (“PIN”) with the Card. However, you will be prompted to select a PIN when you activate it. See the activation instructions in the “Activate the Card” section. 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.

Authorized Card or Deposit Account Users

You are responsible for all authorized transactions initiated and fees incurred by use of the Card or Deposit Account. If you permit another person to have access to your Card, Card number(s), Deposit 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 Deposit Account according to the terms and conditions of this Agreement.

Secondary Cardholder

You may request an additional Card for another person

Your Representations and Warranties

By activating the Card or by retaining, using, or authorizing the use of the Card provided with the Deposit Account, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a country where the majority age is older); (ii) you have provided us with a verifiable address (not a P.O. Box); (iii) the personal information that you provide to us in connection with the Deposit Account is true, correct and complete; (iv) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (v) you accept the Card.

Cash Access and Transaction Limitations

With your PIN, you may use the Card to obtain cash from your Deposit Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the UPI®, or NYCE® Acceptance Marks. All ATM transactions are treated as cash withdrawal + transactions. You may use the Card at an ATM and withdraw funds at a participating bank (“Over the Counter” or “OTC” withdrawals). ATM and OTC cash withdrawals, funds withdrawn at a POS, and purchases are all subject to the $2,500 maximum amount that can be spent on the Card per day.

Transaction Type Frequency and/or Dollar Limits*
ATM Withdrawal No limit to the number of times per day, Up to $1,000.00 per day*
Cash Back at POS No Limit to the number of times per day, Up to $500.00 per day*
Card Purchases (PIN) No limit to the number of times per day, Up to $5,000.00 per day
*Daily limits refer to 24-hour rolling timeframes (for example, Tuesday 2:00 pm – Wednesday 2:00 pm). ATM and POS device owner-operators, merchants, and participating banks may impose their own fees and lower limits on cash withdrawals.

You may use the Card to purchase or lease goods or services everywhere UPI® Cards are accepted as long as you do not exceed the available balance of your Deposit 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 Deposit 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. 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 pre-authorization 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 seven (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 or hotels are not authorized.

If you use the 16-digit Card number without presenting the Card (such as for mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we 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 any illegal online gambling or any other illegal transaction.

Each time you use the Card, you authorize us to reduce the value available in the Deposit Account by the amount of the transaction and any applicable fees. Nevertheless, if a transaction exceeds the balance of the funds available in the Deposit Account, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

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 sixty (60) days.

Transactions Made in Foreign Currencies. 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 Deposit Account will be converted by UPI 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 UPI 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.

Receipts

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.

Card Replacement

If you need to replace the Card for any reason except at Card expiration, you can do so by calling 888-363-1895 or through the Web Mobile App to request a replacement card. You will be required to provide personal information which may include your Deposit Account number, 16-digit Card number, full name, transaction history, copies of acceptable documentation, etc.

Card Expiration

The Card will expire no sooner 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 be automatically mailed to you prior to the expiration of the Card. 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 section labeled “Card Replacement.”

Electronic Banking Services

The following feature is available with your Deposit Account after it has been open for 30 days or more, and/or your UPI Prepaid Card has been activated.

CellFundsGo internal Transfers

Subject to the terms of this Agreement, your Deposit Account includes access to the Internal Transfer Service via the Web Mobile App or Website. This service allows you to send money to or receive money from other CellFundsGo members from other CellFundsGo members (“Internal Transfers”).

You will be restricted to a maximum of $500.00 to do an internal transfer to send money until you have activated your Card and your Deposit Account has been open for a minimum thirty (30)-day period that begins on the calendar day that your first successful deposit is made to your Deposit Account.

Your access to internal transfer is determined by CellFundsGo in its sole discretion based on the history of any CellFundsGo-branded accounts you have, deposit amounts and other risk-based factors. CellFundsGo may suspend or terminate your use of such service at any time and without prior notice to you. If you violate the terms of services related to Internal Transfer, such actions may be used as a basis to terminate your Deposit Account.

By using the Internal Transfer feature, you agree that you will not post, transmit, distribute, or disseminate through any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability or violates these terms and the Agreement; or (c); in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of Internal Transfer, or which may expose CellfundsGo, the Bank, its affiliates or its customers to harm reputational risk or liability of any nature.

Using the Internal Transfer Service

To send an Internal Transfer(s), login to the Mobile App or Website and select ”CellFundsGo Transfer” and enter the intended recipient’s email address, mobile phone number, or the recipient’s account number (14 Digits) and the Transfer dollar amount you would like to send. Internal Transfers will be applied to the Deposit Account associated with the recipient’s email address, mobile phone number, or Username entered by the sender.

Approved Transfers are automatically debited from the sender’s Deposit Account and typically deposited to the recipient’s Deposit Account within seconds. Internal Transfers will be monitored and may be held, delayed, or blocked if, in CellFundsGo’s sole discretion, completing the transfer could result in fraud or another form of financial harm. CellFundsGo may require additional information to complete an Internal Transfer.

You must make sure the recipient’s email address; mobile phone number or Account Number is entered accurately to ensure the Internal Transfer is sent to the correct recipient. The obligation to pay the Internal Transfer will not be excused by an error in the information entered.

Please note: The email address, mobile phone number or Account Number entered during the Internal Transfer will display in your transaction history and on your statement for your reference. A 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.

Requesting Funds through Internal Transfer

You may request funds to be transferred to you through Internal Transfer by designating the number of funds requested and your selected sender. If the lender approves your request for funds, your request will become the sender’s Internal Transfer and be processed as described below.

Internal Transfer Limits

Internal Transfers may be initiated at any time as long as the transfer request does not exceed the available balance in your Deposit Account. CellFundsGo may refuse to process any transaction that exceeds any of the limits described below. If your Internal Transfer is denied because your Deposit Account balance is not sufficient, you are responsible for making alternate payment arrangements with the intended recipient. These are the limits associated with Internal Transfer(s):

Transaction Type Frequency and/or Dollar Limits*
Internal Transfer(s) Send up to a maximum of $10,000.00 per calendar month

Receive up to a maximum of $20,000.00 per calendar month

*All Internal Transfer limits are subject to temporary reductions to protect the security of member Deposit Accounts and/or the Internal Transfer Service. Certain members may be eligible for higher transfer limits based on Deposit Account history at our discretion.

We may change these limits with notice to you. You can contact Member Services by calling 888-363-1895, emailing [email protected].

Canceling Internal Transfers: Prior to sending an Internal Transfer, the sender will be prompted to confirm the transaction. Once the Internal Transfer is sent, it cannot be canceled. It is the sender’s responsibility to ensure the information is accurate prior to confirming the Internal Transfer request.

An Internal Transfer cannot be canceled if sent to another CellFundsGo member once the transfer is complete.

Liability for Internal Transfers

You are liable for any Internal Transfer sent from your Deposit Account except in the case where the Internal Transfer was unauthorized, or the Internal Transfer was not properly executed according to your instructions. This means you are liable for any transaction made using Internals Transfer, even if you are unsatisfied with an exchange of goods or services.

If you receive an Internal Transfer and we later determine in our sole discretion that the Internal Transfer was invalid for any reason, (for example, the Internal Transfer was not authorized by the sender) you hereby authorize us to debit your Deposit Account for the amount of the invalid Internal Transfer. In the event that a negative balance is created in your Deposit Account as a result of debiting your Deposit Account for the invalid Internal Transfer, you hereby authorize us to move funds from any optional CellFundsGo Savings Account you own in an amount equal to or less than the Internal Transfer.

If you believe your Deposit Account has been compromised or that an Internal Transfer from your Deposit Account was completed without your permission, please contact 1-888-363-1895 immediately. Please see Section II ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS below, where your liability for unauthorized transfers from the Deposit Account is explained.

In case of questions related to Internals Transfer Service, please call Member Services at 1-888-363-1895.

Electronic Funds Transfer Disclosure and Special Terms and Conditions

Your Deposit Account can be used for the purpose of initiating direct deposits (“ACH Credits”) to your Deposit Account.

Note: Generally, the recipient’s name on any direct deposit(s) or ACH Credit(s) we receive must match the name on the Deposit Account. Any direct deposits received in a name other than the name registered to the Deposit Account will be returned to the originator. CellFundsGo may in its discretion permit certain government transfers so long as one recipient on the transfer matches the name on the Deposit Account (e.g., tax returns for jointly filed returns).

Limits on ACH Debit Transactions

Cut-off Time – The cut-off time for scheduling ACH transfers is 1PM Est 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 Deposit Account per day are as follows:

Transaction Type Frequency and/or Dollar Limits

ACH Debits No limits to the number of times per day – Limited to the available Deposit Account balance

ACH Credits initiated from the CellFundsGo Mobile App or Website to another bank account you own* No limit to the number of times per day – Up to $10,000.00 per day, maximum of up to $25,000.00 per calendar month**

*Acceptance of ACH Credits may vary by financial institution. Please contact the bank you wish to send funds to prior to initiating an ACH Credit to determine if restrictions apply.

** This transaction type is not available for Deposit Accounts with a CellFundsGo IPU Prepaid Card that has not been activated.

Electronic Funds Transfer Services

The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated credits” or “direct deposits” are deposits made to your Deposit Account by electronic means. “Automated debits” and “automated payments” indicate payments authorized by you to be made from your Deposit Account by electronic means. “Online Transfers” are the movement of funds between your Deposit Account and optional CellFundsGo Savings Account by use of the Mobile App or the Website. Online Transfers are described in detail in the agreement governing the CellFundsGo Savings Account.

When you accept direct deposits or authorize automatic payments/debits or transfers to or from your Deposit 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 Section II.

Types of Electronic Funds Transfers Available

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 Deposit Account. Account subject to the established limitations on withdrawals and transfers. You may use the Card to make purchases at merchants that accept the Card or to obtain cash at ATMs, Over Counter cash, and, subject to availability, cashback at POS terminals. Limitations on Transfers, Amounts, and Frequency of Transactions.

You may make cash withdrawals and POS purchases, not to exceed the established limits for your Deposit Account. See the sections labeled “Cash Access” and “Transaction Limitations” for details about the limits.

If your Deposit Account is closed, blocked, or suspended for any reason, you will not be able to transact using your Card (including at an ATM).

Right to Receive Documentation of Electronic Funds Transfers.

Statements. You will have access to an electronic monthly statement that can be viewed on the Website.

Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So.

If you have told us in advance to make regular payments out of your Deposit Account, you can stop any of these payments. Here’s how:

To stop a recurring transfer to a merchant you preauthorized to debit your Deposit Account, please contact the merchant to request cancellation of the recurring payment.

If the merchant with whom you arranged recurring ACH transfers from your Deposit Account is unable or unwilling to stop the transfer, call CellFundsGo Member Services at 1-888-363-1895 or email [email protected] 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 may be required to put your request in writing and email it to CellFundsGo Member Services at [email protected] within fourteen (14) days after you call. If we ask you to put your request in writing, 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 required but is not received within fourteen (14) days, only the first payment you notified us of will be stopped, and future payments will not be stopped.

Notice of Varying Amounts

If these regular payments you make may vary in amount, the person you are going to pay will tell you the transfer date and the amount of the transfer ten (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).

Liability for Failure to Stop Payment of Preauthorized Transfer

If you order us to stop a preauthorized 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.

Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card, PIN, or Deposit Account number has been stolen. Telephoning is the best way to minimize your possible losses. If your Card, PIN or Deposit Account number has been lost or stolen, or that someone has transferred or may transfer money from your Deposit Account without your permission, call 1-888-363-1895.

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 the section labeled “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 can prove that we could have stopped someone from taking value if you had notified 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 Deposit Account number has been lost or stolen, we will close your Card and/or CellFundsGo Account to keep losses down and send you a replacement Card and/or Deposit Account number.

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

Our Liability for Failure To Complete Transactions

If we do not properly complete a transaction from your Deposit 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:

– If through no fault of ours, you do not have enough funds available in your Deposit Account to complete the transaction.
– If a merchant refuses to accept your Card or Deposit Account number;
– If an ATM where you are making a cash withdrawal does not have enough cash;
– 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;
– If access to your Card or Deposit Account has been blocked after you reported your Card or Deposit Account number lost or stolen;
– If there is a hold or your funds are subject to a legal or administrative process or other encumbrance restricting their use;
– If we have reason to believe the requested transaction is unauthorized;
– If circumstances beyond our control (such as fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or regulatory action, or a natural disaster) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
Any other exception stated in our Agreement with you.

Confidentiality

We may disclose information to third parties about your Deposit Account, Card or the transactions you make:

Where it is necessary for completing transactions.

In order to verify the existence and condition of your Deposit Account or Card for a third party, such as a merchant.

In order to comply with a government agency, court order, or other legal or administrative reporting requirements.

If you consent by giving us your written permission.

To our employees, auditors, affiliates, service providers, or attorneys as needed.

As noted in the CellFundsGo Privacy Policy and Bank Consumer Privacy Notice(s); or

As otherwise as necessary to fulfill our obligations under this agreement.
Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 1-888-363-1895 or email us at [email protected] 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 sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name, Deposit Account number and/or 16-digit Card number.
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.
Tell us the dollar amount of the suspected error.
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 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 to investigate your complaint or question. If we decide to do this, we will credit your Deposit Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If 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 Deposit Account.

For errors involving new Deposit Accounts; transactions with a merchant’s POS terminal, whether in-person, online, by telephone, mail, or otherwise; or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Deposit Accounts, we may take up to twenty (20) business days to credit your Deposit Account for the amount you think is in error. For errors involving unauthorized preauthorized debits (“ACH”), we will ask you to complete and sign an “Affidavit of Unauthorized ACH” and return it to us to assist in our investigation.

We will tell you 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.

English Language Controls

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

Member Services

For member service assistance or additional information regarding your Deposit Account, please contact:

CellFundsGo

[email protected]
2005 Columbus Rd.
Burlington, NJ 08016
877-822-4447
Member Service agents are available to answer your calls:
Monday through Saturday, 7 a.m. to 7 p.m. EST
Sunday, 9 a.m. to 6 p.m. EST (holidays excluded)

Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our member service team or as required by applicable law.

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 Deposit Account.

Arbitration

Any claim, dispute or controversy (“Claim”) arising out of or relating in any way to i) this Agreement; ii) the Deposit Account; iii) your acquisition of the Deposit Account; iv) your use of the Deposit Account; v) the number of available funds in the Deposit Account; vi) advertisements, promotions, or oral or written statements related to the Deposit Account, as well as goods or services purchased with the Deposit Account; vii) the benefits and services related to the Deposit Account; or viii) transactions made using the Deposit Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

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.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.

All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Deposit Account, or any amounts owed on your Deposit Account, to any other person or entity; or iv) closing of the Deposit Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD OR DEPOSIT ACCOUNT. CALL 1-844-244-6363 TO CLOSE THE DEPOSIT ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.

Savings Disclosures

The Deposit Account is not an interest-bearing account. No interest will be paid.

Minimum Balance Requirements – A initial deposit of $50.00 is required to open a Deposit Account. You may deposit any amount you wish when opening the Deposit Account, however, the Deposit Account will remain in a new account status until thirty (30) days after the Deposit Account has received a posted deposit. See Section IV.13. labeled “Limits and Funds Availability” for additional details.

Transaction Limitations

Minimum and maximum withdrawal limitations apply. See the section labeled “Cash Access and Transaction Limitations” for full information regarding these limits.

Mobile Check Deposit

Description of Service and Consent Mobile check deposit (“Mobile Deposit”) is currently not offered by CellfundsGo and not eligible to make deposits to your Deposit Account remotely.

Cash Withdrawal

Fee applies to both ATM and Over The Counter “OTC” withdrawals ($4.00 per transaction). If you use an ATM outside the NYCs Alliance networks 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 Deposit Account.

General Funds Availability

Information contained in this section is provided to assist you in understanding our Funds Availability Policy. All deposits into accounts opened through the Bank are processed at a Bank processing facility.

We make funds available according to the type of deposit and when the funds are applied or credited to your Deposit 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 Deposit Account, you may not withdraw those funds, and we will not use them to pay any debts, such as ACH transfers or payments, Checkbook transactions, or transactions using your 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 Deposit 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.

Availability

The length of the delay in the availability of funds varies depending on the type of deposit.

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 Deposit Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by midnight Mountain Time will be considered current-day deposits. Any deposits received after that time will be processed the following business day.

Same Day Availability

Funds received from preauthorized electronic payments or other preauthorized electronic payments will be available on the day the deposit is applied to your Deposit Account. ACH Credits received from an external bank account will be applied to the Deposit Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Deposit Account, they will have same-day availability.

Longer Availability

Electronic transfers depositing into the Deposit 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 on the payment date of the deposit once the money has reached the Bank and/or CellFundsGo.

CellFundsGo 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.

Use of the CellFundsGo Application

This agreement (“Terms”) is entered into between you and CellFunds, Inc (“CellFundsGo”), the program partner responsible for managing the CellFundsGo Deposit Account. Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this Web Mobile software (“CellFundsGo Web Mobile Access & future Application”) solely for personal, non-commercial purposes.

You may not use the CellFundsGo Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) CellFunds Inc.’s services; (ii) any other party’s use and enjoyment of CellFunds Inc.’s services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the CellFundsGo Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the CellFundsGo Application, including, without limitation, any usage rules set forth in the online application store terms of service.

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

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

For the avoidance of doubt, agreement to these Terms is solely between CellFunds Inc. and you. If you need to contact CellFunds Inc about the CellFundsGo Application, you may do so by calling (888) 363-1895 or by emailing [email protected].

Privacy Policy

As a condition of using the CellFundsGo Application, you acknowledge that additional agreements may be in place that governs your relationship with CellFunds Inc., including but not limited to the CellFundsGo-FFIBI Deposit Account Agreement, CellFundsGo Privacy Policy, the CellFundsGo User Agreement, FFIBI Consumer Privacy Notice(s), and the Electronic Communication Agreement, 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 CellFunds Inc. 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.

CellFunds Inc. may track and archive certain information regarding your use of the CellFundsGo Application (“Use Information”). Use Information may be stored and processed in the United States or any other country in which CellFunds Inc. or its agents maintain facilities. By using the CellFundsGo Application, you consent to the collection of your Use Information and to any transfer of your Use Information outside of your country.

Proprietary Rights

You hereby acknowledge that CellFunds Inc. owns all rights, titles, and interests in and to the CellFundsGo Application and to any and all proprietary and confidential information contained therein (“CellFundsGo Information”). The CellFundsGo Application and CellFundsGo 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 CellFundsGo Application or otherwise attempt to derive source code from the CellFundsGo Application; (ii) copy, distribute, transfer, sell or license the CellFundsGo Application; (iii) transfer the CellFundsGo Application to, or use the CellFundsGo Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the CellFundsGo Application; (v) use the CellFundsGo 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 CellFunds Inc.’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the CellFundsGo Application.

Content made available through the CellFundsGo Application (“Content”) is protected by applicable intellectual property rights and is the property of CellFunds Inc., its third party licensors and partners (as applicable), and other entities that provide such content to CellFunds Inc. 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 CellFundsGo Application hereunder. CellFunds Inc. and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

Export Restrictions

CellFunds Inc. does not represent that the CellFundsGo Application is appropriate or available for use in any geographical location. Any entity choosing to use the CellFundsGo Application is solely responsible for compliance with all applicable laws. The CellFundsGo 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 person 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 CellFundsGo 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.

Termination

You may terminate acceptance of these Terms at any time by permanently deleting the CellFundsGo Application in its entirety from the Authorized Device, whereupon (and without notice from CellFunds Inc.) 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 CellFundsGo Application from the Authorized Device.

Indemnity

You agree to hold harmless and indemnify CellFunds Inc. 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 CellFundsGo 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, CellFunds Inc. will provide you with written notice of such claim, suit, or action.

Entire Agreement; Revisions to Terms.

CellFunds Inc. may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the “CellFundsGo Mobile Terms of Use” is posted in the online application store or any other authorized CellFundsGo Application distribution location. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of then-current version of the “CellFundsGo Mobile Terms of Use” in the online application store or any other authorized CellFundsGo Application distribution location. Your use of the CellFundsGo Application following such changes constitutes your acceptance of the revised version of the “CellFundsGo Mobile Terms of Use” in the online application store or any other authorized CellFundsGo Application distribution location.

Updated February 01, 2021 Copyrighted work of CELLFUNDS USA, LLC. © 2021 all rights reserved.