Popular Online Banking Service Agreement
as of July 22, 2021.
This Popular Online Banking Service Agreement (the “Service Agreement”) governs the applicable online banking, mobile banking, bill payment, person to person payments and internal and external transfer services (each a “Service” and together, the “Services”) we make available to you as described below. “You” and “your” mean the person or business enrolling in the Services and agreeing to the terms and conditions in this Service Agreement. “Popular,” “us,” “we,” “Bank” and “our” mean Popular Bank. Popular Bank is a New York State chartered bank and is a Member of the FDIC.
This Service Agreement is provided in addition to other agreements, disclosures and/or terms and conditions you have received or may receive in the future for your applicable account or accounts that are enrolled in the Services (as the case may be, an “Account” or the “Accounts”), such as the Terms and Conditions of Use for Online Banking, the Popular Bank Mobile Banking User Agreement, the Personal Banking Disclosure and Agreement and/or the Business Banking Disclosure and Agreement. When you use any of the Services, you agree to be bound by the terms and conditions set forth in this Service Agreement and other applicable Popular agreements, disclosures and/or terms and conditions that govern your Accounts and your use of the Services that we offer. In this Service Agreement, the term “Business Days” means Monday through Friday, except federal holidays. “Website” refers to the applicable Popular websites and other web pages accessible through https://www.popularbank.com or through m.popularbank.com as to the Mobile Banking Service.
Popular expressly reserves the right to not authorize or settle any transaction you submit which we believe (i) is in violation of any applicable law, or any Popular disclosure(s), notice(s), terms and conditions, or agreement(s) to which you may be subject, or (ii) exposes you, other Popular customers, financial services providers, or Popular to harm or unnecessary risk, including but not limited to fraudulent, illicit, terrorist and other criminal acts. You grant us authorization to share information with law enforcement about you, your transactions, or any of your Account(s) if we reasonably suspect that your use of any products or services offered by Popular has been for an unauthorized, illegal, or criminal purpose.
Electronic Disclosure and Consent:
Consent. You agree to receive, as applicable, the Terms and Conditions of Use for Online Banking, this Service Agreement, and all agreements, disclosures, terms and conditions notices and communications regarding the Service and your applicable Accounts accessed through the Services electronically (together, the “Communications”). The Communications that you agree to receive electronically from us may include, but are not limited to:
- Changes and updates to the Communications or any agreements, disclosures and/or terms and conditions you have reviewed or may review in the future for your Accounts;
- Disclosures, agreements, notices and other information relating to the Service and the Accounts as may be required under applicable federal or state laws and regulations;
- Any notice or disclosure regarding any Account or Service fee including, but not limited to, a late fee, an overdraft fee, or a stop payment order fee;
- Tax statements or notices; and
- Information or forms that we request from you and ask you to submit electronically, such as signature cards, Forms W-9, or other agreements.
To receive your periodic Account statement online within the Services, you must agree to the Popular Online Statement User Agreement.
Paper Copies of Electronic Communications. You may print or make a paper copy of the Communications. You can request a paper copy of some Communications, but occasionally fees may apply. Stop by your local branch or contact our Customer Care Center at 1-800-377-0800 to make a paper copy Communication request.
Withdrawing Electronic Consent. You can withdraw your consent to receive future electronic Communications by calling our Customer Care Center at 1-800-377-0800. However, if consent is withdrawn your access to the Services will be revoked.
Equipment Requirements. The Services are compatible with the latest two versions of all known browsers. Versions older than the last two for any given browser may or may not be supported, and support of any older version is at our sole discretion. You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and internet access services necessary to use the Services. We require your browser to be, at a minimum, 128-bit encryption enabled. You must have software such as Adobe Acrobat Reader® version 8 and above (which can be obtained from Adobe.com ) for Communications that are “PDF” files.
Updating Your Contact Information. It is your sole responsibility to maintain your updated email and other contact information within the Services. Instructions on how to update your contact information can be found in the Services.
Receipt of Communications. You are deemed to have received Communications from us when they are made available to you. It is your responsibility to log in to the Services regularly to remain up to date with Communications. You will receive an e-mail from us for Communications that we deem to be time sensitive, which may prompt you to log in to review the full Communications.
Online Banking and Mobile Banking Services Offered:
Online Banking means each of the variety of products and services you may access or enroll in through the Website and other related services, including, without limitation, the Mobile Banking Service. Not all of the products and services available through the Online Banking Service may be available through the Mobile Banking Service.
Mobile Banking is a module of the Popular Online Banking Service accessed via a web-enabled or text-enabled mobile device. These services may include, but are not limited to, browser and text banking.
Internal Transfers of Funds. You may use the Services to transfer funds between your Accounts (“Internal Transfers”), excluding credit cards and certificates of deposit (“CDs”). Internal Transfers that are scheduled for a later date or set to be recurring (performed at a regular frequency) are processed at 2:00am CST on the Business Day the Internal Transfer request rules you set up indicate the transfer is to be sent. Immediate one-time Internal Transfers are processed at the time they are submitted, but please be aware immediate Internal Transfer requests may not be permitted during nightly processing from 11:00pm – 3:00am CST each Business Day.
Balance Inquiries. You may use the Services to check your available balance and other Account information.
Account Services (Not available through Mobile Banking). You may use the Services to, as applicable, view copies of checks, view Account statements (if you agree to the Popular Online Statement User Agreement), place stop payments on checks, download your Account information to personal financial management software and set up Account alerts. The Services mentioned in the previous sentence are not available through Popular Mobile Banking.
- Payment Options. “Immediate Payments” are one-time payments that you request each time you want to make a payment and request the payment be sent immediately. For Immediate Payments, the payment date is the date that the Bank sends your payment, but it may not necessarily be the date you made the request or the date that your payment is processed by the payee. “Scheduled Payments” are payments that you enter each time you want to make a payment and you request a future date that you want the Bank to send the payment(s). For Scheduled Payments, the payment date is the date that the Bank sends your payment, but it may not necessarily be the date that your payment is processed by the payee. “Recurring Payments” are sent automatically based on payment rules set up by you. Payment rules may include frequency, amount, and timing of payments; however, the amount of a Recurring Payment is fixed and will not fluctuate unless you manually change the amount. The payment date for a Recurring Payment is each date that an indicated payment is to be sent based on the payment rules set up by you. For Recurring Payments, the payment date is the date that the Bank sends your payment, but it may not necessarily be the date that your payment is processed by the payee
- Payee. "Payee" means the merchant or other person or entity to whom you designate a payment to be directed or already paid. You may add, modify, or delete Payees through the Popular Online Banking Service and the Popular Bank retail banking mobile application. To use Bill Pay you must provide sufficient information for us to properly identify your Payees. We reserve the right to refuse to pay any Payee whom you may designate for a payment. Payees must be located in the United States, and US Territories, including Puerto Rico.
- Payment options available in the Online Banking Service. You may use the Online Banking Service to process “Immediate Payments,” “Scheduled Payments” and “Recurring Payments” (together with “E-Bills,” collectively being referred to as “Bill Payments”).
- Payment options available in the Mobile Banking Service. You may use the Mobile Banking Service to process “Immediate Payments.” Functionality to schedule a recurring payment is not available in Mobile Banking at this time.
- E-Bill Payments (Not available through Mobile Banking). “E-Bills” are a feature of the Bill Pay Service that enable you to receive billing statements electronically if you authorize us to obtain information from the biller and the biller permits electronic delivery of bills. If you choose to participate in E-Bill, you authorize us to obtain information from billers by using confidential sign-on information, such as a username and password, which you provide to us. An E-Bill will appear in your Bill Pay section of the Service within one (1) Business Day or less of our receipt of the E-Bill from the biller. An E-Bill will be delivered to us at such frequency as determined by the biller and you. It may take up to two (2) billing cycles before your first E-Bill from a specific biller appears in Bill Pay. At all times, you are responsible for keeping your bills current and paid, including, but not limited to, the period during which your E-Bills are being set up in the Service.
- Automatic E-Bill Payments (Not available through Mobile Banking). You may set up automatic payment of E-Bills so that payment is sent in accordance with payment rules you specify (“Automatic E-Bills”). Automatic E-Bill payment rules may include sending only the minimum balance indicated on your E-Bill (in which case, the amount may vary by bill), setting a fixed amount to be sent when the E-Bill arrives, or you may select to pay the total balance on the bill in full each time a bill is received (in this case, also, the amount may vary by bill.)
- Making Payment For all payment types, you authorize us to make payments by electronic, paper checks or other means that we determine are appropriate. If a payee does not accept electronic payments, you authorize us to make payment by check. If the payee does not have a payment address on file you may provide the payment address. If you provide a payment address you are solely responsible for the accuracy of that address, and for any late payment fees or charges resulting from an inaccurate payment address. For all types of payments and bills, you authorize us to follow your payment instructions.
- Processing Times. Nightly processing occurs from 11:00pm – 3:00am CST on Business Days, and during this time no bills are processed, nor can an Immediate Payment be made. If an Immediate Payment is submitted between 3:00am – 7:30pm CST on a Business Day it will be processed that Business Day. If an Immediate Payment is submitted between 7:30pm – 11:00pm CST on a Business Day, it will be processed the following Business Day. You may add, stop or edit a Scheduled Payment up to 7:30pm CST on the Business Day the payment is scheduled to be sent. Estimates of when your payment will reach your payee are provided to you at the time you make or schedule a payment. It is always recommended you provide at least the estimated amount of time for your payment to reach your payee to be considered on time by your payee. We are not responsible for late payments that were requested with less time than the estimate provided.
- Adding, Stopping or Editing Recurring and Automatic E-Bill Payments. You may add, stop or edit a Recurring or Automatic E-Bill payment by notifying us by 7:30pm CST on the day the payment is to be processed. (Remember: modification of a Recurring Payment or Automatic E-Bill payment rule will affect all future payments associated with those payment rules.) If you provide us with oral notification to stop payment you must provide us with written confirmation of the oral stop payment order within fourteen (14) days. If you fail to do so, your oral stop payment order will cease to be effective after the 14-day period. If you want us to stop receiving E-Bills from a particular biller, you should notify the biller immediately to stop sending us the E-Bills. It may take up to 2 billing cycles for us to stop receiving an Automatic E-Bill from a biller. It is not possible to edit or stop a payment that has been completed. You may try to stop or edit a payment outside the processing times by calling our Customer Care Center at 1-800-377-0800, but there is no guarantee your payment will be stopped or changed and you are solely responsible for any overdraft fees, late payment charges, or other losses to you resulting from your payment request(s) being completed.
- Deduction of Funds. You authorize us to follow your payment instructions. For Scheduled and Recurring Payments, we will deduct your payment(s) from your selected Account (e.g. your checking, savings or money market account) on the date the payment is to be sent per your request and instructions. For Immediate Payments, we will deduct your payment(s) from your Account at the time of the Immediate Payment request even though the payment may not be sent until the next Business Day. If for any reason the payment amount is not deducted on the date the payment is sent, we reserve the right to deduct the payment at any future date after the payment is sent, which will usually be the next Business Day.
- Insufficient Funds. If, in our sole discretion, we make a payment on your behalf even though there are insufficient funds in your applicable Account, we are authorized to deduct the amount of such payment from your Account (or any other account you have with us) at any future time. You also authorize us to deduct any non-sufficient funds and overdraft charges that apply and any fees we incur in attempting to collect the amount of the payment from you. You authorize us to report the facts concerning insufficient funds to a credit reporting agency.
- Suspensions. We are hereby authorized to suspend Bill Payments of all types from your Account for a period of five (5) Business Days if a check is returned for insufficient funds or there are insufficient funds in your Account at the time that a transfer is scheduled to be processed. Bill Payment will be reinstated for your Account and all future Scheduled Payments, Recurring Payments and E-Bill payments will be reinstated after the 5-Business Day period if we have been fully reimbursed as required hereunder. However, for non-Recurring Payments, you will need to re-enter your payment request.
- Authorization. Your enrollment in Bill Pay may not be fulfilled if we cannot verify your identity or other information with a biller. Through your enrollment in Bill Pay, you authorize us to obtain a copy of your credit report from time to time at our own expense from a credit reporting agency. In addition, you agree that we reserve the right to obtain financial information regarding your applicable Account with a payee to resolve payment-posting problems. You must authorize us to obtain information from a biller in order to receive an E-Bill. To do so, you must authorize us to use your username, password and any other login Credentials required to set up an E-Bill.
- Paper Statements. Billers may continue to provide you with paper copies of bills that you receive as E-Bills under the Service. We are committed to reducing paper usage and waste; however, we have no control over billers and their decisions to continue sending paper statements. It is your responsibility to contact billers and request that they stop sending paper bills to you after you begin receiving E-Bills from them.
- Notifications and Reminders. You may set up e-mail alerts so that you receive an alert when your E-Bill arrives and an alert when payment is due. Notifications and reminders are solely for your convenience; it is your responsibility to maintain an accurate e-mail address and to log on to the Service to check for the delivery or status of E-Bills.
- Limitations. No single Bill Pay transaction may exceed $9,999.00. The total amount of any and all payments made with Bill Pay in any one (1) Business Day may not exceed $9,999.00. You may not use Bill Pay to (a) pay taxes directly to governmental agencies or to make other payments directly to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to persons outside of the United States or U.S. territories We reserve the right to refuse to pay any payee to whom you may direct a payment for security reasons or any other reason. We will notify you promptly if we decide to refuse to pay a payee designated by you. This notification is not required, however, if you attempt to make payments not allowed within Bill Pay as outlined above.
External Transfers (Not available through Mobile Banking):
“External Transfers” permit you to electronically transfer money between your accounts held at another financial institution (“External Accounts”) and an applicable Account(s) you have with us. External Accounts may only be checking, savings or money market accounts and must be located in the United States with a valid ABA routing number. To make an External Transfer you must provide us with information about your External Account, and you must have withdrawal authorization or withdrawal rights for the External Account. After you have verified your External Account, you may make an “Immediate External Transfer” request, you may make a “Scheduled External Transfer” request for a later date, and you may set up a “Recurring External Transfer” (performed at a regular frequency) by creating transfer rules for your request. You authorize us to follow your transfer instructions and to make External Transfers through electronic means or any other means that we determine is appropriate.
- Processing Time. External Transfer requests received by 6:00pm CST on a Business Day will be processed on that Business Day. Requests received after 6:00pm CST on a Business Day will be processed the next Business Day. If you request a Scheduled External Transfer or a Recurring External Transfer, you may stop or edit the transfer request(s) up until 6:00pm CST on the Business Day the External Transfer is scheduled to be sent. If you provide us with oral notification to stop payment of a Scheduled External Transfer or Recurring External Transfer, you must provide us with written confirmation of the oral stop payment order within fourteen (14) days. If you do fail to do so, your oral stop payment order will cease to be effective after the 14-day period.
- Deduction and Posting of Funds. For outgoing Scheduled External Transfers and Recurring External Transfers, we will deduct the funds from your applicable Account with us on the Business Day the transfer is to be made per your request and rules you set up and our processing schedule described in this section. For outgoing Immediate External Transfers, funds will be deducted at the time of the request even though the External Transfer may not be sent until the next Business Day. If for any reason the funds are not deducted on the day the External Transfer is sent, we reserve the right to deduct the funds at any future date after the External Transfer is sent, which will usually be the next Business Day. Once funds are transferred from your Account with us to your External Account, the availability of such funds will be at the sole discretion of the other financial institution. You may incur a fee for transferring funds from your Account with us to an External Account, which will be posted to your Account as a separate transaction. Should this fee cause your applicable Account to be overdrawn, you are responsible for any applicable overdraft fees associated with the transaction.
- When you transfer funds from an External Account that you verified within the last ninety (90) days to your applicable Account with us, the funds may not be available for your use or withdrawal until seven (7) Business Days after the External Transfer is deposited in your Account with us, even if such External Transfer is reflected in your current balance. When you transfer funds from an External Account that you verified prior to the last ninety (90) days to your Account with us, the funds will not be available for your use or withdrawal until four (4) Business Days after the External Transfer is deposited in your Account with us, even if such External Transfer is reflected in your applicable current Account balance.
- External Transfer Alerts. Certain External Transfer alerts are always sent to you, usually by e-mail. You agree that all e-mail alerts sent to you regarding the status of your External Transfer requests are simply a courtesy and will not constitute a transaction receipt or an official bank record of any kind. You acknowledge and agree that these alerts will be sent to the e-mail address you designate within the Service, and even if you have informed us separately in the past (or choose to do so in the future) to not send you marketing messages these External Transfer courtesy alerts will still be sent.
- Limitations. You may only make External Transfers between your applicable Account(s) and your verified External Accounts through the Service. You agree not to transfer funds to or from an Account with us and an External Account unless you have authority to do so. In any one (1) Business Day, the total aggregate amount of all External Transfers to your External Accounts from Accounts with us may not exceed $10,000.00 or three (3) External Transfers. In any one (1) Business Day, the total aggregate amount of External Transfers from your External Accounts to Accounts with us may not exceed $20,000.00 or three (3) External Transfers. In any one (1) calendar month, the total aggregate amount of all transfers to your External Accounts from Accounts with us may not exceed $30,000.00 or 6 External Transfers. In any one (1) calendar month, the total aggregate amount of External Transfers from your External Accounts to Accounts with us may not exceed $60,000.00 or six (6) External Transfers.
Mobile Check Deposits:
- Services. Popular Mobile Check Deposit is designed to allow you to make deposits to your applicable checking, savings, or money market accounts from home or other remote locations by scanning checks using your mobile device and our iPhone® or Android® application software to deliver the images and associated deposit information to Popular and/or Popular’s designated processor. Popular’s Mobile Check Deposits are currently offered free of charge. Pricing and item limits are subject to change as noted in Popular’s Schedule of Fees. Wireless connectivity and usage rates may apply. Contact your wireless service provider for more details.
- Acceptance of these Terms. Your use of the Popular Mobile Check Deposit service and the Services constitutes your acceptance of this Service Agreement. This Service Agreement is subject to change from time to time. Your continued use of the Popular Mobile Check Deposit service and the Services will indicate your acceptance of any revised Service Agreement and any changes to the Services, including the Popular Mobile Check Deposit service. Further, Popular reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Popular Mobile Check Deposit service and the Services herein. Your continued use of the Popular Mobile Check Deposit service and the Services will indicate your acceptance of any such changes to the Popular Mobile Check Deposit service and the Services. The Popular Mobile Check Deposit service is deemed a part of the Services provided by Popular and governed by the terms of this Service Agreement.
- Limitations of Service. When using the Popular Mobile Check Deposit service (in addition to any other Services), you may experience technical or other difficulties. We cannot assume responsibility and disclaim all liability for any technical or other difficulties or any resulting damages that you may incur. Portions of the Popular Mobile Check Deposit service or other Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Popular Mobile Check Deposit service or any other Service, in whole or in part, or your use of the Popular Mobile Check Deposit service or any other Service, in whole or in part, immediately and at any time without prior notice to you to the maximum extent permitted by applicable law.
- Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that you will not use the Popular Mobile Check Deposit service or any other Service to scan and deposit any checks or other items as listed below:
- Checks or items payable to any person or entity other than you.
- Checks or items drawn or otherwise issued by you or any other person on any of your applicable Account(s) or any account on which you are an authorized signer or joint account holder.
- Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
- Checks or items previously converted to a substitute check, as defined in Reg CC.
- Checks or items drawn on a financial institution located outside the United States and US Territories.
- Checks or items that are remotely created checks, as defined in Reg CC.
- Checks or items not payable in United States currency.
- Checks or items dated more than 6 months prior to the date of deposit.
- Checks or items prohibited by Popular’s current procedures relating to the Popular Mobile Check Deposit service or any other Services or which are otherwise not acceptable under the terms of your applicable Account(s). Note: US Postal Money Orders are not permitted to be deposited through Popular Mobile Check Deposit.
- Image Quality. The image of an item transmitted to Popular using the Popular Mobile Check Deposit service must be legible. The image quality of the items must comply with the requirements established from time to time by the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
- Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Popular Mobile Check Deposit service as “For mobile deposit at Popular Bank only” or as otherwise may be instructed by Popular from time to time. You agree to follow any and all other procedures and instructions for use of the Popular Mobile Check Deposit service or any other Services as Popular may establish from time to time.
- Receipt of Items. We reserve the right to reject any item transmitted through the Popular Mobile Check Deposit service (in addition to any other Services), at our discretion. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Popular that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
- Availability of Funds. You agree that items transmitted using the Popular Mobile Check Deposit service are subject to the funds availability requirements of Reg CC and Popular’s Funds Availability Policy Disclosure. Funds deposited using the Popular Mobile Check Deposit service will be available after Popular receives payment for the funds submitted. Popular may make such funds available sooner based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as Popular, in its sole discretion, deems relevant.
- Disposal of Transmitted Items. Upon your receipt of a confirmation from Popular that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item after two business days to ensure that it is not presented again. And, you agree never to present the item again. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Popular as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Popular’s audit purposes.
- Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Popular Mobile Check Deposit service and to modify such limits from time to time.
- Hardware and Software. In order to use the Popular Mobile Check Deposit service (or any other Services, as applicable), you must obtain and maintain, at your expense, compatible hardware and software as specified by Popular from time to time. Popular is not responsible for any third-party software you may need to use the Popular Mobile Check Deposit service or any other Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.
- Errors. You agree to notify Popular of any suspected errors regarding items deposited through the Popular Mobile Check Deposit service or any other Services right away, and not later than 60 days after the applicable Popular account statement is sent. Unless you notify Popular within 60 days, such statement regarding all deposits made through the Popular Mobile Check Deposit service shall be deemed correct, and you are prohibited from bringing a claim against Popular for such alleged error.
- Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Popular’s sole discretion subject to any and all applicable agreements and disclosures governing your applicable Account(s).
Person to Person Payments (Popular People Pay):
Popular People Pay is a person to person payment service, which allows you to send money to and receive money from another individual (such individual, the “Recipient”) within the U.S. The terms and conditions set forth in this section (these “Popular People Pay Terms and Conditions” or this “Popular People Pay Disclosure”) governs your use of Popular People Pay and by enrolling in Popular People Pay, you agree that you shall use Popular People Pay strictly in accordance with this Service Agreement and all other applicable Popular all disclosures, notices and communications regarding your Accounts, including, without limitation, these Popular People Pay Terms and Conditions, the Popular Mobile Banking User Agreement and applicable law. Each Transfer (as defined below) that you send or receive through Popular People Pay constitutes your ratification of your acceptance of these Popular People Pay Terms and Conditions and your agreement to abide therewith and with all other applicable provisions of this Service Agreement.
- “ACH” means automated clearinghouse.
- “Member Institution” means a financial institution that participates in Popular People Pay.
- “Transfer” as used in these Popular People Pay Terms and Conditions means a payment from you to a Recipient or from a Recipient to you that is made using Popular People Pay.
- “Transfer Amount” means, as applicable, the amount that you direct us to transfer to the Recipient or the amount the Recipient has directed its Member Institution to send to you.
About the Popular People Pay Service; General Terms.
- Access. You may access Popular People Pay through Popular Online Banking or Popular Mobile Banking.
- Disclaimer; Limitation of Liability. POPULAR AND ITS DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO POPULAR PEOPLE PAY. POPULAR MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF POPULAR PEOPLE PAY, THE ACCURACY OR RELIABILITY OF ANY INFORMATION TRANSMITTED THROUGH POPULAR PEOPLE PAY, THE AVAILABILITY OF ANY PARTICULAR PERSON, SERVICE, OR INSTITUTION TO COMPLETE A TRANSFER, OR THAT POPULAR PEOPLE PAY WILL MEET THE REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN NO EVENT SHALL POPULAR, POPULAR’S AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) RELATING TO POPULAR PEOPLE PAY. OUR LIABILITY AND THAT OF OUR AFFILIATES WITH RESPECT TO ANY CLAIM, LOSS, DAMAGE, OR EXPENSE ASSERTED BY YOU OR ANY THIRD PARTY, INCLUDING CLAIMS ARISING IN INDEMNITY, RELATING TO POPULAR PEOPLE PAY SHALL BE LIMITED TO YOUR DIRECT, OUT-OF-POCKET DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF THE TRANSFER GIVING RISE TO SUCH CLAIM. ANY CLAIM PURSUANT TO THESE POPULAR PEOPLE PAY TERMS AND CONDITIONS MUST BE ASSERTED IN WRITING WITHIN THE TIME PERIOD PROVIDED BY APPLICABLE LAW OR, IF NO SUCH PERIOD IS PROVIDED BY APPLICABLE LAW, WITHIN TWO (2) YEARS OF THE DATE OF THE FIRST TRANSFER GIVING RISE TO SUCH CLAIM EXCEPT AS MAY OTHERWISE BE LIMITED OR PROVIDED UNDER APPLICABLE LAW.
- Fees. Popular People Pay is currently offered to you free of charge. Other applicable fees are subject to change as noted in Popular’s Schedule of Fees. Connectivity and usage rates may apply if you access Popular People Pay through a mobile device. Contact your cellular service provider for details. You acknowledge that the Recipient’s Member Institution may impose fees in connection with the receipt of a Transfer.
- Limitations on Certain Transfers. If your Funding Account (as defined below) is a savings account, including a money market account, federal regulations permit you to make no more than a combined total of six (6) payments that are pre-authorized, automatic, electronic (including computer initiated), in any monthly period. We may impose a fee, as disclosed on Popular’s Schedule of Fees, for each such Transfer in excess of six (6) that you make in any monthly period. These fees will be reflected in your monthly statement. In addition, repeated violations will result in the savings or money market account being closed.
- Misuse of Service. We encourage you to provide notice to us by calling 1-800-377-0800, sending a message through Popular’s electronic message center made available in Popular Online Banking, or by writing to us at Popular, P.O. Box 4906, Miami Lakes, FL 33014, regarding any misuse of Popular People Pay, or any violation of these Popular People Pay Terms and Conditions, or the Service Agreement generally.
- Modifications or Amendments. We may modify the features offered through Popular People Pay, amend these Popular People Pay Terms and Conditions, or discontinue Popular People Pay at any time. We will provide notice of any such modifications or amendments, or of the discontinuation of Popular People Pay, to you as required by law.
- Prohibited Payment Types. Popular People Pay may be used solely for one-time payments and cannot be used to set up recurring payments.
- You agree that you shall not use the Popular People Pay service to make or receive any of the following types of payments (each, a “Prohibited Payment”), and we have the right, but not the obligation, to monitor for, block, cancel and/or reverse such payments:
- Payments to an account located any territory outside of the United States; and
- Payments that violate any law, statute, ordinance or regulation; and
- Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
- Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services.
- You are permitted to access Popular People Pay solely for the purpose of making or receiving Transfers on your own behalf. You covenant that you shall not make or receive Transfers on behalf of any other person or entity or accept a payment from any person or entity for making or receiving a Transfer. You acknowledge that any Transfer that violates the foregoing restrictions shall constitute a Prohibited Payment.
- In no event shall we or our service providers be liable for any claims or damages in connection with an actual or attempted Prohibited Payment, and we have no obligation to research or resolve any claim resulting from a Prohibited Payment. Also, except as otherwise stated herein or pursuant to applicable law, we are not liable or responsible for any losses to you resulting from the use of lost or stolen personal or Account data as a result of your use of the Service, including Popular People Pay (including but not limited to losses arising from the use of lost or stolen mobile devices to access Popular People Pay (and whether or not caused by a compromise of your login Credentials to any such mobile device or the Service)).
- Enrolling in Popular People Pay.
- Enrollment Process. You must complete all enrollment steps in order to send or receive funds through Popular People Pay.
- Eligibility Popular People Pay is offered only to individual accountholders that are at least 18 years of age and are either citizens or legal residents of the fifty United States, the District of Columbia, and Puerto Rico. To sign up for the Popular People Pay service, you must have a United States address, United States telephone number or active unique email address. Additional eligibility criteria may apply, and such criteria may be amended by Popular at any time, subject to the requirements of applicable law.
- Funding Account. As part of the enrollment process, you must designate the account or accounts you wish to use to make Transfers through Popular People Pay. The account used to fund a given Transfer is referred to in these Popular People Pay Terms and Conditions as the “Funding Account.” The account to which a given Transfer is deposited is referred to in these Popular People Pay Terms and Conditions as the “Receiving Account.”
- Your Contact Information. You must provide an email address or mobile phone number in order to enroll in, send and receive payments through Popular People Pay. By providing your email address and mobile phone number, you consent to receive emails from us and our service providers, as applicable, at the provided email address and to receive calls (including live and prerecorded or artificial voice calls) and text messages from us and our service providers at the provided number, in each case, for the purpose of effecting Transfers and communicating with you regarding Transfers (including identity verification in conjunction with Popular People Pay). You also consent to receiving emails, calls, and text messages from other financial institutions that participate in Popular People Pay in conjunction with any Transfer sent by you to a customer of such financial institution or sent by a customer of such financial institution to you. You represent and warrant that you are fully authorized to provide such email address and mobile number to us and to consent to the foregoing communications.
- Sending Funds.
- General Transfer Requirements.
- In order to initiate a Transfer through Popular People Pay, you must provide contact information for the recipient (the “Required Contact Information”). The Required Contact Information for each transfer type is specified below. You acknowledge that if the Required Contact Information you provide is incorrect, the Transfer may fail or may not reach your intended recipient. You further acknowledge and agree that we have no obligation to determine the accuracy or completeness of any Required Contact Information you provide to us, and that we shall have no liability to you for Transfers that fail or are misdirected due to inaccurate or incomplete information provided by you. You acknowledge and agree that Transfers are not reversible and that you should be solely responsible for recovering funds transferred to the incorrect recipient due to your failure to provide correct or completed Required Contact Information.
- By requesting a Transfer, you authorize and direct us to contact the Recipient using any of the Required Contact Information that you provide. By providing Required Contact Information to us, you represent and warrant that you have obtained all necessary consents from the Recipient to provide this information to us and to authorize us to contact (including through email, text messages, live calls, and prerecorded/artificial voice calls) the Recipient using any or all of the Required Contact Information provided.
- You acknowledge and agree that our responsibility is limited to initiating a transfer pursuant to the method that you select (or, with respect to Recipient-Directed Transfers, as defined below, the manner selected by the Recipient). You further acknowledge and agree that the Recipient’s receipt of the Transfer Amount (as defined below), and speed with which the Transfer Amount is credited to the Recipient’s account, are dependent upon factors beyond our control, including the policies and procedures of the recipient’s financial institution. We shall have no liability to you or any third party in the event that a Transfer is not completed unless directly attributable to our breach of our obligations pursuant to this Service Agreement. We make no representation or warranty to you regarding how quickly the Transfer Amount will be credited to the Recipient’s account.
- Transfers can be initiated 24 hours a day, 7 days a week. All Transfers other than Recipient-Directed Transfers are debited from your Funding Account on a same-day basis, regardless of when initiated. Recipient-Directed Transfers are debited from your Funding Account when claimed by the Recipient. Transfers other than Recipient-Directed Transfers that are initiated after 9:00pm CST or on non-processing days (such as weekends or Federal bank holidays) will be debited from your applicable Account on a same-day basis, but transmission of the Transfer to the Recipient will not be initiated until the next processing day.
- Payment Methods. You may select one of the following two options when you elect to send funds through Popular People Pay: (i) transfer to the Recipient’s bank account (“Transfer to Bank Account”); or (ii) send an email or text message to the Recipient. For the second option, the email or text message enables the Recipient to provide their bank account information so that an ACH transfer can be made.
- Transfer to Bank Account. If you select the “Transfer to Bank Account” option, you irrevocably authorize us to immediately debit your Funding Account in the amount of the requested transfer (the “Transfer Amount”) and to initiate, on your behalf, an ACH transfer in the Transfer Amount to the Recipient’s account. The Required Contact Information for a Transfer to Bank Account is the routing number, account number, and account type for the Recipient’s bank account.
- Recipient-Directed Transfer. The Recipient will receive an email or text message with instructions for how to claim the payment. The Recipient will be required to provide the necessary information to allow us to complete the ACH transfer. The payment will not be debited from your Funding Account until the payment is claimed by the Recipient. The Transfer will expire if it remains unclaimed for ten (10) days. You must provide the following Required Contact Information to initiate a Recipient-Directed Transfer: (i) Recipient name and (ii) Recipient mobile phone number or Recipient email address. You will not be provided with access to the account information provided by the Recipient.
- Payment Limits. The following limitations apply to Transfers that you send using Popular People Pay:
- Transfer to Bank Account. $1,000 per transaction/$1,000 daily
- Recipient-Directed Transfer. $1,000 per transaction/$1,000 daily
- You may only send a maximum of $1,000 a day in Transfers across all payment types.
- Insufficient Funds. You are responsible for ensuring that your applicable Account contains sufficient funds to fund a requested Transfer. You acknowledge and agree that, in the event that you request a Transfer and there are insufficient funds in your Funding Account to fund such Transfer (an “NSF Transfer”) we may, without prior notice to you: (i) decline to process the NSF Transfer, (ii) process the NSF Transfer and create an overdraft to your applicable Account, or (iii) process the NSF Transfer in accordance with the terms of any overdraft protection plan in place between you and us. If, in our sole discretion, we process an NSF Transfer, you hereby authorize us to deduct the amount of such payment from your applicable Account (or any other account you have with us) at any future time. You also authorize us to deduct any applicable non-sufficient funds and overdraft charges that may apply and any fees we incur in attempting to collect the Transfer Amount from you. You authorize us to provide information to any credit reporting agency regarding any NSF Transfer. Please refer to our OVERDRAFT SERVICES FOR PERSONAL DEPOSIT ACCOUNTS disclosure.
- Availability of Funds. You agree that the payments processed through the Popular People Pay service are subject to Reg CC and Popular’s Funds Availability Policy Disclosure. Funds from deposits are subject to review and approval and may not be available for immediate withdrawal.
- Receiving Funds. Other Popular customers that have enrolled in Popular People Pay, as well as customers of other financial institutions that participate in certain compatible payment services, can transfer funds to you as described in this section (any such customer, a “Sender”). The financial institution (whether Popular or another financial institution) that the Sender uses to send funds to you is described in this section as the “Sending Financial Institution.” You are required to validate an email address or mobile number in order to receive funds in Popular People Pay. Funds may be transferred to you by any of the following methods:
- Transfer to Bank Account. A Sender may transfer funds directly to your applicable Account(s). The Sender must provide your routing number and account number to the Sending Financial Institution in order to transfer funds to your applicable Account(s). Funds will be made available to you in accordance with Popular’s Funds Availability Policy Disclosure for incoming electronic transfers.
- Recipient-Directed Transfer. If the Sender elects to allow you to indicate how you wish to receive funds, you will receive an email or text message with a claim code notifying you of the Transfer. You will be directed to a website to claim your transfer. At the website, you will be prompted to enter the email address or mobile phone number used to provide the notification, and the claim code contained within the notification. You will then be presented with options for claiming your transfer. The Sender must provide your email or mobile number in order for the claim code to be transmitted to you.
Cookies are pieces of data assigned by a web server to your Internet browser. Cookies help websites to keep track of your preferences and to recognize return visitors. So, when you return to a website you’ve visited before, your browser gives this data back to the server. Contrary to reports about cookies, cookies do not contain viruses. We do not embed your social security number, account number(s) or password in our cookies.
We recommend that you complete your online transactions and sign off from Popular Online Banking before surfing to other sites or turning off your PC. We also suggest that you do not surf to other sites during your Popular Online Banking session.
You can set your browser to reject cookies. However, if you choose to reject cookies, you cannot bank online and utilize the Services with Popular (in other words, you cannot bank online and utilize the Services without cookies).
Privacy & Security
The information you provide to us online is protected by Secure Socket Layer (SSL) technology. SSL is the leading security protocol for data transfer on the internet. This technology scrambles your account information as it moves between your browser and Popular’s computer systems. When information is scrambled, or encrypted in this way, it becomes nearly impossible for anyone other than Popular to read it. This secure session helps protect the safety and confidentiality of your information when you bank with us online.
If you do not bank online with Popular, we do not collect, capture, or retain personally identifiable information when you are just browsing and testing these scenarios. By offering you this level of privacy, we believe you will be more likely to find the products and services that fulfill your banking needs and goals.
- SECURITY.To help protect our customers from security threats, we utilize the following approach, which you hereby agree to. You acknowledge that these procedures are a commercially reasonable method of providing security against unauthorized payment orders or other transactions and that these procedures are not for the detection of error.
- Identification of customers when logging on to the Service will consist of multi-factor authentication that utilizes user names and passwords, plus either pictures and phrases and/or challenge questions. If you indicate a computer you are logging on to is safe and private, we will identify the IP address used for that log on during future log ons using that computer and IP. Once identified in future log ons, this will be considered one step of the multi-factor authentication process and the pictures and phrases and/or challenge questions may not be asked. It is your sole responsibility to identify safe and private systems where you would like IP authentication to be used. This authentication is not to be used on public computers, but any breach to a system where you have requested IP identification be used, whether private or public, is still solely your responsibility and any transactions performed due to such a breach are also your sole responsibility. We reserve the right to modify the identification process from time to time to implement new measures that are recommended in the industry to combat new or increased threats.
- To help enhance your security, you must follow these general safety guidelines:
- Never leave your computer or other access device (e.g., mobile phone) unattended while logged on to any of the Services.
- Memorize your Credentials. Do not keep them written down.
- Change your Credentials regularly, every 90 days is recommended.
- Choose Credentials that are not easy to guess. For your user name, you must use a minimum of 8 characters and a maximum of 32 characters with a combination of at least 2 numbers and 2 letters. For your password, you must use a minimum of 6 characters and a maximum of 32 characters with a combination of at least 1 number and 1 letter. Credentials are case sensitive, so if you use capital letters when you create them you must use the capital letters each time you log in. Do not use names of family members, pets, common character sequences (i.e., 123abc), proper names, geographic locations, personal details such as a Social Security number or birthday, etc.
- Never disclose your Credentials to any other person, including family and friends. Your Credentials are for your personal use and should be kept confidential by you. If someone identifies him/herself as our employee and asks for your Credentials, that person is an imposter. We will never request you disclose your online banking Credentials to us.
- Do not save passwords on your computer or any other access device (e.g., mobile phone). Do not keep them written down.
- Check your statements and review your banking transactions promptly, thoroughly and regularly. Report errors or problems immediately to us.
- Should you receive a suspicious e-mail or telephone request for information that purports to be from Popular Bank, Popular Inc. or any of its affiliates, you must immediately notify your banker or call us directly at 1-800-377-0800.
- You are responsible for installing, updating, maintaining and properly using industry standard security products that are appropriate for you, such as the following:
- Desktop firewall used to prevent unauthorized access to your network
- Updated anti-virus protection used to prevent your computer or other access device from being victimized by the latest viruses and trojans.
- Updated anti-spyware protection used to prevent spyware from providing potential tracking information about your web activities.
- Operating system and desktop applications updated with the latest patches when they are available, particularly when and if they apply to a known exploitable vulnerability.
- A product that indicates the web site you are on, or an internet browser that indicates the site name. Check your statements and review your banking transactions promptly, thoroughly and regularly. Report errors or problems immediately to us.
- Authorized Use of Services by Other Persons: You are responsible for keeping your “Credentials” (user name, password or challenge questions) confidential. We are entitled to act on transaction and other instructions received using your Credentials, and you agree that the use of your Credentials will authenticate your identity and verify the instructions you have provided to us for the transaction(s). If you provide your Credentials to other persons for use in any manner or authorize others to obtain Credentials of their own on your Account(s), the authorization will be considered unlimited in amount and manner. WHEN YOU PROVIDE YOUR CREDENTIALS TO OTHERS OR AUTHORIZE OTHERS TO OBTAIN CREDENTIALS OF THEIR OWN ON YOUR ACCOUNT(S) (SUCH AS, AUTHORIZED SIGNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS OR ANY OTHER PERSONS) THEY WILL HAVE ACCESS TO ALL YOUR ACCOUNTS THAT ARE LINKED THROUGH THE SERVICE, WHETHER THE ACCOUNTS ARE HELD FOR BUSINESS OR PERSONAL PURPOSES. THIS ALSO MEANS THAT THEY MAY MAKE TRANSFERS BETWEEN YOUR ACCOUNTS, WHETHER HELD FOR BUSINESS OR PERSONAL PURPOSES AND THEIR OWN ACCOUNTS THAT CAN BE ACCESSED THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR ANY TRANSACTIONS MADE BY SUCH PERSONS ON YOUR ACCOUNTS UNTIL YOU CHANGE THE CREDENTIALS ON YOUR ACCOUNT, NOTIFY US OF THE CHANGE, AND WE HAVE A REASONABLE OPPORTUNITY TO ACT ON YOUR NOTIFICATION.
- We will never contact you via e-mail, telephone, or any other means requesting your Credentials. If you are ever contacted by anyone asking for your Credentials, you should refuse to give them and immediately contact us at 1-800-377-0800. You may be the target of attempted identity theft.
- UNAUTHORIZED TRANSFERS.
- Reporting Unauthorized Transfers: You should notify us immediately if you believe your Credentials have been lost or stolen or that someone has transferred or may transfer money from your Account without your permission or if you suspect any fraudulent activity on your Account. To notify us call 1-800-377-0800, contact us electronically by sending a message through the Bank’s electronic message center made available in the Service, or write: Popular, P.O. Box 4906, Miami Lakes, FL 33014. You should also call the number, contact us electronically, or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
- Your Liability for Unauthorized Transfers (Personal Accounts Only): Tell us AT ONCE if you believe your Credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit), to the extent applicable. If you tell us within two (2) Business Days after you learn of the loss or theft of your Credentials, you can lose no more than $50 if someone used your Credentials without your permission.
- If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Credentials, and we can prove that we could have stopped someone from using your Credentials without your permission if you had told us within two (2) Business Days, you could lose as much as $500
- Please note that you could lose additional funds if you do not report unauthorized activity appearing on your periodic statement, as provided in the following section.
- If you identify any suspected unauthorized activity on your account statement, including those made by card, code or other means, you agree to notify Popular right away, and in no event later than sixty (60) days after the applicable Popular account statement is sent. If you do not tell us within sixty (60) days after the statement was sent to you, you may be liable for all unauthorized activity following such 60-day period and you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us within sixty (60) days. If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we may in our sole discretion extend the period.
- With respect to unauthorized activity during such 60-day period, if the activity involved use of lost or stolen access Credentials, your liability for such activity will be determined by whether or not you have notified us of such activity and within two (2) Business Days. If the activity did not involve use of lost or stolen access Credentials, you shall have no liability for unauthorized activity during the 60-day period, but may be liable for all unauthorized activity following such 60-day period if you fail to report such activity to us.
- Resolving Errors or Problems: In case of errors or questions about your electronic transfers, telephone us at 1-800-377-0800, contact us electronically by sending a message through the Bank’s electronic message center made available in the Service, or write us at Popular, P.O. Box 4906, Miami Lakes, FL 33014. Notify us as soon as you can, if you think your applicable statement is wrong, inaccurate or contains errors or if you need more information about a particular transaction or transfer listed on such statement. 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 and Account 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 tell us orally we may require that you send us your complaint or question in writing within ten (10) Business Days after your oral notification.
- (Personal Accounts Only) We will determine whether an error occurred within ten (10) Business Days (20 Business Days if the transfer involved a new Account) after we hear from you and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days (90 days if the transfer involved a new Account, point-of-sale, or foreign-initiated transactions) to complete our investigation. If we decide to do this, we will provisionally credit your Account within ten (10) Business Days (20 Business Days if the transfer involved a new Account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Account. Your Account is considered new for the first 30 days after the first deposit is made, unless you or each of you for a joint account already has an established account with us before this Account is opened.
- If we determined that there was no error, we will send you a written explanation within three (3) Business Days after completing our investigation. You may ask for copies of the documents that we used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
- THE BANK’S LIABILITY AND LIABILITY LIMITATIONS FOR FAILURE TO COMPLETE A SERVICE REQUEST (Personal Accounts Only). We will not be liable relative to processing transactions on your Account(s), for instance, including but not limited to, the following:
- If, through no fault of ours, your applicable Account does not contain sufficient available funds to complete a payment or a transfer, or the payment or transfer would exceed the credit limit of your Account’s overdraft line;
- You have exceeded or will exceed your daily transaction limit relative to a particular Service, in which case we have the right to process your Service request(s) in any order that we determine in our sole discretion is appropriate;
- You fail to follow a payee’s or biller’s payment requirements;
- You fail to schedule a proper date for payment sufficiently in advance of the date that a payment is due;
- You fail to transfer funds from an External Account to an Account with us sufficiently in advance of the date that you need to use or withdraw the funds (including consideration for weekends, bank holidays, and the unavailability of funds for use or withdrawal until four (4) business days for External Accounts verified greater than ninety (90) days ago and seven (7) days for External Accounts verified within the last ninety (90) days after being deposited into an Account with us);
- The Services, our equipment, the software, or communications link is not working properly or are not compatible and it is clear it is not working properly at the time you are attempting to make a Service request;
- The payee or biller mishandles, delays posting a payment, or refuses or is unable to accept a payment;
- The biller fails to deliver your billing statement to us;
- Your E-Bill is inaccurate or incomplete;
- You have not provided us with the correct name(s), address or account information for payees or billers;
- You fail to provide payees, billers or us with your updated or changed personal information, including, but not limited to, your name, address, phone number, e-mail address, username and password;
- Your subscription to any Services has been terminated for any reason;
- Circumstances beyond our control, such as interruption of telephone service or telecommunication facilities, or natural disaster, such as a fire or flood, prevent your Service request, despite reasonable precautions that we have taken;
- The transfer of your funds is restricted by legal process, holds, or any other transaction limiting Account status;
- You fail to log on to the Service to check on the delivery or status of E-Bills;
- You fail for any reason to receive a notification or reminder regarding the delivery or status of an E-Bill;
- Delays in any mail service or e-mail service;
- Any other exceptions or reasons stated in this Service Agreement or related agreements including the applicable Personal Banking Disclosure and Agreement or Business Banking Disclosure and Agreement.
If a billing error regarding any of your applicable credit card accounts is reflected on or with your applicable credit card statement, your rights and our liability are governed by the agreement(s) governing that credit card account.
You agree that we shall not be liable for, and you agree to hold harmless and indemnify, and keep us indemnified, to the maximum extent permitted by applicable law, from and against any and all proceedings, suits, penalties, fines, liabilities, claims (including, without limitation, any claims of any third party, including relating to Popular People Pay), losses, damages or expenses (including legal costs) arising from or in connection with the use or misuse of the Services, including, but not limited to, as it relates to any applicable law or regulation of any jurisdiction, regional or international authority from where the applicable Service is accessed and/or the terms and conditions prescribed by the relevant internet service provider or information service provider in such country of access, any law or regulation of any jurisdiction, regional or international authority which governs any use or misuse of any component of the Services, any relevant internet service provider or information service provide or system, any loss or damage caused by any act or omission of any relevant internet service provider or information service provider or network provider occasioned by any access to the Services, any loss or damage caused by any modification, alteration, upgrade or termination of the Services, any access (or inability or delay in accessing) and/or use of any browser which we provide to allow access to the Services, any errors or omissions in the information and materials contained in our website(s) or in any mobile application(s) and/or any delay or failure in any transmission, dispatch or communication facilities.
- LIMITATIONS ON OUR LIABILITY CONTINUED. You agree that we are not responsible for the following matters, or for errors, unavailability or failures of our Services as a result of:
- Access. You agree that we will not be liable for any failure to provide access or for the unavailability or interruptions in access to the Service due to a system failure or other unforeseen acts or circumstances. You agree that we shall not be liable to you if you are unable to gain access to the Services. You understand and agree that while the Services are intended to be available 24-hours a day, some or all of the Services offered may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control. You understand and agree that any access to the Services will be effected through the relevant internet service provider or network provider in the country from where such Service is accessed, and to this extent such access will also be subject to and governed by the relevant laws and regulations of that country and any terms and conditions prescribed by such relevant internet service provider or network provider in separate agreements with you. You agree that you shall be solely responsible for all telephone charges, wireless charges, mobile charges and other charges imposed or assessed by any applicable internet service provider or mobile phone carrier or services provider incurred in connection with the use of the Services. You represent to the best of your knowledge that the terminal, device and/or any other computer or network system through which your access to the Services may be effected are free from any electronic, mechanical, data failure or corruption, computer viruses and bugs. You agree that neither we, nor any of our officers and employees or any branch, affiliate or subsidiary of Popular Bank is responsible for any electronic, mechanical, data failure or corruption, computer viruses and bugs or related problems that may be attributable to the services provided by any relevant internet service provider or information service provider.
- Your Computer Equipment and Your Software. You agree that we will not be responsible for any errors or failures from any malfunction of your computer, device, terminal, network system or any computer virus or other problems related to any hardware or equipment used by you relative to the Services. We shall use reasonable efforts to ensure that the Service is secure and cannot be accessed by unauthorized third parties. However, you agree that we shall not be liable for any loss, injury or damage in connection with, and do not warrant the security, secrecy or confidentiality of, any information transmitted through any relevant Internet service provider, network system or such other equivalent system in any jurisdiction relative to the Services. You shall notify us immediately upon receipt of any data or information which is not intended for you and you shall delete such data or information from the customer terminal immediately. You agree that we are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any hardware, equipment or system you use, including your browser, your Internet service provider, your personal financial management or other software, or any equipment you may use (including, but not limited to, your telecommunications facilities, computer hardware or modem) to access or communicate with the Services.
- Additional Limitations and Indemnification: (Business Accounts Only). We are not liable for any failure to make transfers to or from your Accounts, or for transfers made in the wrong amount. In addition, you agree to indemnify, defend, and hold the Bank, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, suits, fines, penalties, losses, proceedings, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from (a) any fraud, manipulation, or other breach of this Service Agreement by you; (b) any third party claim, action, or allegation brought against us arising out of or relating to a dispute with us over the terms and conditions of this Service Agreement; (c) your violation of any laws or regulations or the rights of a third party; or (d) the use of the Service by any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) CAUSED BY THE SERVICES OR THE USE OF THE SERVICES, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER, SOFTWARE, OR ANY INTERNET ACCESS SERVICES.
- YOUR RESPONSIBILITIES.
- Security Procedures. You hereby agree to strictly abide by this Service Agreement as it pertains to your responsibility for the security of your Accounts, and acknowledge that such security practices are an industry standard method of providing security against unauthorized transactions. You are responsible for keeping your applicable username, password and other access/Account information relative to the Services secret and confidential, and you agree that you shall not disclose such information to any unauthorized person and shall take all steps necessary to prevent discovery of such information by any unauthorized person. You shall inform us as soon as reasonably practicable if you know or suspect that someone else knows such information or that unauthorized transactions have taken place and if you fail to do so you may be liable for any unauthorized transactions made. You must promptly examine your applicable Account statements upon receipt and if you discover any discrepancies, omissions, inaccuracies or incorrect entries, you must immediately call us. You may be liable for all losses prior to your reporting any discrepancies, omissions, inaccuracies or incorrect entries or if you fail to exercise reasonable care, act fraudulently or act with negligence, including failing to properly safeguard your applicable Account(s), your username(s), password(s) and/or the access information to the Services or immediately reporting any unauthorized transaction made. You hereby consent to the transmission of applicable communications through the Internet, and you acknowledge that the internet and use of mobile devices to conduct banking transactions through the Services is not necessarily a secure communications and delivery system, and understand the risks associated with it (among others, confidentiality, security, tampering and unauthorized use) and, in connection therewith, you agree to release us from any and all liability and you agree to waive any rights to assert any claims to the maximum extent permissible under any and all applicable laws.
- WARRANTY DISCLAIMER. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE.
- FEES. You agree to pay all applicable fees for the Services and relative to your applicable Account(s) in accordance with our fee schedules and disclosures in effect and as established and amended by us from time to time, and as may be disclosed and accepted at the point of Service or Service request. It is your responsibility to periodically review such fee schedules and disclosures relative to your Account(s) and the Services for the most current fees. We may automatically deduct these fees from any Account even if they create an overdraft (to the extent applicable), and we may assess the appropriate, applicable overdraft fees. Depending on your plan with your internet provider or mobile phone carrier, you might incur access and/or data transmission fees for using the Services, for which you agree to be solely responsible. Check with your internet provider or mobile phone carrier for more information on applicable fees.
- SUFFICIENT AND AVAILABLE FUNDS. You are solely responsible for having sufficient and available funds on deposit to complete transfers or make payments in full on the requested dates from your applicable Account(s). We may deduct payments or transfers from your Account(s) in connection with any Services, even if such deduction creates an overdraft (to the extent applicable as stated in the Schedule of Fees disclosure). You are liable for all applicable overdraft fees.
- SERVICE REQUEST ON NON-BUSINESS DAYS. Service requests, (whether Internal Transfers, External Transfers or Bill Payments) that are received after the applicable cut-off hour described above or on a day that is not a Business Day, will be treated as received on the next Business Day. Recurring service requests (whether Internal Transfers, External Transfers, or Bill Payments) that fall on a day that is not a Business Day will be processed on the next Business Day.
- ONLINE STATEMENTS (Not available through Mobile Banking). The terms and conditions for online statements are governed by the Popular Online Statements User Agreement. Online statements are not automatically set up upon completing your enrollment in the Services. You must enroll separately to receive your statements online, within the Services, and will be required to accept the Popular Online Statement User Agreement at that time. Once you have accepted the Popular Online Statement User Agreement and completed the online statements enrollment, then and only then will your statements begin to archive online within the Services.
- TRANSFERS FROM SAVINGS/MONEY MARKET DEPOSIT ACCOUNTS. Federal regulations require us to limit the number of certain types of transfers from your savings and money market Accounts. Under these regulations you are permitted to make no more than six (6) transfers and/or withdrawals per statement cycle by means of (i) preauthorized, automatic, or telephonic arrangements and, as the case may be, (ii) checks (if available for the account), drafts (if available for the account), debit cards (if available for the account) or similar orders payable to third parties. These limitations are applied according to the date when the transaction is posted to your applicable Account and not the date when a transfer is authorized or a check is written. Each time you transfer funds out of your savings or money market Account using the Services it is counted as one of the six (6) limited transfers you are permitted each month. The limits do not apply to withdrawals made in person, by automated teller machine (ATM) or by mail. If you exceed these limits, we may, at our option, convert your applicable Account to an account not subject to these restrictions or close your applicable Account.
- CHANGES; AMENDMENTS; REVISIONS. We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue the Services or any aspect, feature, or function of the Services at any time, including content, hours, and equipment needed for access or use (“Change(s)”). We also reserve the right, at our discretion, to add, delete, change, modify, or amend any fees, help screens or other terms and conditions of this Service Agreement at any time (also called, “Change(s)”). Unless an immediate Change is necessary to ensure the security of the Services or your accounts, we will send you notice to the e-mail address we currently possess within the Service at least 21 days before the effective date of any Changes if required by law. If provided electronically, disclosures will be provided to you in one of several ways: (a) by online banking message, (b) by e-mail at the e-mail address we have on record within the Service, or (c) to the extent permissible by law, by access to a website that generally we will identify in advance for such purpose. Any use of the Service after we send you a notice of Change will constitute your agreement to such Change(s). Further, we may, from time to time, revise or update Services and/or related material and these changes may render prior versions obsolete. Consequently, we reserve the right to terminate this Service Agreement as to all such prior versions of the Services, or related material and limit access to the Services more recent revisions and updates. If it is necessary to make changes to our privacy policies, we will update the same with the changes and new effective date
- TERMINATION OR DISCONTINUATION. In the event that you wish to discontinue any or all of these Services, you may contact us at 1-800-377-0800. Services will be terminated at the time of the request, but termination may be delayed if a transaction under the Service is in process at the time of the request. Some Service transactions in process may be completed following termination. It is your sole responsibility to ensure your Accounts have available funds to complete any transactions in process and that any transfers or payments continue to be made to payees or billers on time following termination of Services, as the case may be. You agree that we are not liable in any way for payments or transfers not cancelled or payments or transfers made due to the lack of proper notification by you of Service termination or discontinuance for any reason. We have the absolute discretion to make the Services available to you. We reserve the right to suspend, revoke or terminate your use of the Services in whole or in part at any time and for any reason. Suspension, revocation, termination or discontinuation will not reduce your liability or obligations under this Service Agreement. In the event of suspension or cancellation, the Services may be reinstated at our sole discretion and we reserve the right to impose a reinstatement charge as we deem fit. We likewise reserve the right to impose a fee for the Services at our absolute discretion at any time without your prior consent as permitted by applicable law.
- DOCUMENTATION OF BILL PAYMENTS AND TRANSFERS. Your monthly Account statement will contain information about any applicable bill payment transactions or funds transfers completed during the applicable statement period.
- CONFIDENTIALITY.We will disclose information to third parties about your Account or the transfers you make to the extent permitted by applicable law and/or:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or
- In order to comply with applicable law, government agency or court orders, or
- If you give us your written permission.
- AGE. You represent and warrant that you are at least 18 years of age.
- NO WAIVERS. Our failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such a right or provision unless acknowledged and agreed to by us in writing.