2. Your use of the Service; Owners, Authorized Representatives and Delegates; Waiver of requirement for two or more signatures
A. Your use of the Service
Subject to the terms and conditions of this Agreement, you may use the Service to access your Eligible Accounts, obtain, and perform authorized transactions through the Website. The available categories of Eligible Accounts are described on our Website and may change from time to time, at our sole option. With respect to your Eligible Accounts, available transactions may include obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous Business Day. Insurance policy information is provided purely for informational purposes and current, accurate coverage information is only available directly from your insurance carrier.
We may occasionally introduce new features to the Service or eliminate features from the Service. When this happens, we will update our Website accordingly.
You agree that you are:
- solely responsible for acquiring and maintaining a computer or any other electronic device and equipment that can handle and access the Service; and
- responsible for all costs associated with accessing the Service and your Eligible Accounts.
B. Owners, Authorized Representatives and Delegates
1. If an Eligible Account is owned by more than one person or has more than one Authorized Representative, each such person individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account and related, to the extent allowed by the terms, conditions or governing provisions of the Eligible Account. You agree that each of your Authorized Representatives will be acting as your agent and will be bound by this Agreement and any separate agreement governing the Eligible Account. We may rely and act on the instructions of any such person without incurring liability to you. All transactions that an Authorized Representative performs on an Eligible Account, including those you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions, and we are not responsible for them.
2. If you make a person an authorized signer on an Eligible Account, and that authorized signer is enrolled in the Service, we may in our discretion treat that authorized signer as an Authorized Representative. If you notify us that an Authorized Representative is no longer authorized, only transactions that you did not want or intend and that the Authorized Representative performs after you notify us, and we have a reasonable opportunity to act on the notice, will be considered unauthorized transactions. Please refer to the specific agreements for your Eligible Accounts for more details.
3. From time to time, we may offer tools on the Website or through other channels for managing the authority of some of your Authorized Representatives (“Delegate Tools”). Delegate Tools permit you, either directly or through us, to limit or control the access that certain of your Authorized Representatives will have to, or tasks they can perform with, an Eligible Account. An Authorized Representative acting within the authority established using the Delegate Tools will be called a “Delegate” in Paragraphs B.3 through B.10 of this Agreement. Any Owner of an Eligible Account may use the Delegate Tools to establish a Delegate. We may provide Delegate Tools that permit one Delegate to establish, or manage the access of, another Delegate. A Delegate may also, as an Authorized Representative, have other authority in addition to the authority established using the Delegate Tools. A Delegate appointment by one Owner of an Eligible Account will be considered a Delegate appointment by all other Owners of that Eligible Account. You agree that you, and not we, are responsible for supervising all of your Authorized Representatives and monitoring the actions they take on your behalf, whether or not we provide Delegate Tools for managing their authority.
4. All transactions that a Delegate performs on an Eligible Account within the scope of the authority you grant using the Delegate Tools, including any transactions you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions, and we are not responsible for them. If you revoke or change the authority of a Delegate using the Delegate Tools, only transactions that you did not want or intend and that the Delegate performs after you change their authorization, and we have a reasonable opportunity to act on that notice, will be considered unauthorized transactions. To notify us that you want to terminate a Delegate appointment you have made on the Website, you must access the Website using your username and password, select the applicable link to manage access to your accounts on the Account Services page, and follow the directions to delete the Delegate, or you must contact FinWise Bank’s Customer Service by calling (833) 346-9473 with your notification to remove the Delegate. If you have made a Delegate appointment through another channel, you must follow the process for terminating the Delegate appointment through that same channel.
5. We may, at our option, permit you to authorize a Delegate to initiate funds transfers or other transactions on an Eligible Account or through. If you authorize a Delegate to initiate fund transfers or other transactions on an Eligible Account, then you are also agreeing that for purposes of such transactions the Delegate is an authorized signer on the Eligible Account, subject to the terms of the separate agreement for your applicable Eligible Account. In addition, if you make a person an authorized signer on an Eligible Account, and that authorized signer is enrolled in the Service, we may, in our discretion, treat that authorized signer as a Delegate and automatically assign View and Transact authority to that Delegate, as described in paragraph B.7 below.
6. You agree that you may only appoint Delegates, at our sole option, in accordance with the requirements and procedures we provide to you from time to time. This provision takes precedence over any conflicting provision in any other agreement you have with us. We may discontinue offering Delegate options or permitting Delegates to access your Eligible Account at any time, without prior notice.
7. The Service includes the following types of Delegates:
• Guest User: a person to whom you allow online access through his or her first name, last name, and email address, but with authority only to view your Eligible Account balance and transaction information.
• View Only: a person with his or her own username and password for accessing the Service and for whom you authorize online access to an Eligible Account, but with authority only to view balance and transaction information.
• View and Transact: a person with his or her own username and password for accessing the Service and to whom you authorize online access to an Eligible Account with authority to engage in and authorize specified transactions with respect to that Eligible Account, as permitted by the Service.
Some Delegate features may not be available for certain accounts or customers.
8. You are responsible for ensuring that each Delegate maintains the confidentiality of his or her username, password, or other login identification.
9. You agree that each Delegate will access and use each Eligible Account, in accordance with the authority given to the Delegate by the delegating Owner. Each time the Delegate accesses, views, or transacts on an Eligible Account, you represent and warrant to us that the Delegate’s action is authorized by the delegating Owner. If we receive conflicting instructions, or if we believe that an Eligible Account’s security or our security may be at risk as a result of a Delegate, we may at our sole discretion terminate the Delegate’s access to the Service, an Eligible Account, or, or prevent the individual from being a Delegate, without prior notice to you or any account Owner.
10. The authority of a Delegate will terminate: (a) when we are notified by an Owner through the appropriate channel that the Delegate’s authority is terminated and we have a reasonable opportunity to act on the notice, (b) when we are notified by an Owner that the Owner appointing the Delegate ceases to be an Owner on the Eligible Account and we have a reasonable opportunity to act on the notice, (c) in the case of Consumer accounts and soleproprietor Business accounts, upon our receiving written notice of the death or incapacity of the delegating Owner from a court of competent jurisdiction or from a source that we consider official and reliable and we have a reasonable opportunity to act on the notice, (d) at our sole discretion if an Owner or Delegate breaches any provision of this Agreement, or (e) when, in the case of a View Only Delegate or View and Transact Delegate, the Delegate ceases to be enrolled in the Service.
C. Waiver of requirement for two or more signatures
You agree that any requirement of verifying two or more signatures on any item, such as checks, will not apply to electronic or telephone transfers, and we will have no liability when making these kinds of transfers without the requisite verification. This means that any person who is an authorized signer on your Eligible Account is authorized by you to individually make electronic or telephone transfers, even though that person’s authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.
D. E-Sign Consent
As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your accounts. Our goal is to provide you with as many options as possible for receiving your account documents. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you use our Electronic Services you must review and consent to the terms outlined below.
In this consent:
- “We,” “us,” “our” and ” FinWise ” means FinWise Bank, and each and every current and future affiliate of FinWise Bank.
- “You” and “your” means the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any FinWise Bank Product that you apply for, use or access.
- “Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
- “Electronic Service” means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
- ” FinWise Product” means each and every account, product or service we offer that you apply for, own, use, administer or access, either now or in the future. FinWise Products include Electronic Services.
- The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.
1. Your consent to use electronic records and signatures; choosing to receive Communications electronically or in writing; certain information must still be provided in writing. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.
Electronic Records may be delivered to you in a variety of ways. These various delivery methods are described in our Online Access Agreement and in other agreements we may have with you from time to time. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available.
We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically.
Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.
There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this consent will automatically cover those Communications as well.
We will continue to provide your tax statements on paper unless you separately elect to receive them electronically (if available).
2. Your option to receive paper copies. If we provide Electronic Records to you, and you want a paper copy, you may contact the appropriate customer service unit and request a paper version. You will find the appropriate contact information in the account statement or agreement for the FinWise Bank Product related to the Electronic Record. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law. Please refer to the applicable agreement for any fee that may apply for paper copies.
3. Your consent covers all FinWise Bank Products; Privacy Policies. Your consent covers all Communications relating to any FinWise Bank Product. Your consent remains in effect until you give us notice that you are withdrawing it.
From time to time, you may seek to obtain a new FinWise Bank Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other FinWise Bank Product.
You agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.finwisebank.com, or, with prior notice to you, on another website where we offer Electronic Services.
4. You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal. You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of:
- your access to our Electronic Services, including online banking, and
- your ability to use certain FinWise Bank Products.
Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
If you are receiving online account statements, the termination will cause paper statements to be mailed to you via the U.S. Postal Service or other courier. Depending on the specific FinWise Bank Product, if you withdraw consent we may charge higher or additional fees for that product or for services related to it. Please refer to the applicable agreement for any fee that may apply.
To withdraw your consent:
- if you are enrolled in online banking, you must contact us at (833) 346-9473.
- if you are not enrolled in online banking, you must contact us at (833) 346-9473.
5. You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by going to the My Settings page within your online service and updating your contact information. If you have given us another type of electronic address, such as an electronic address or mobile phone number for SMS text messages, you may also change that address by going to the My Settings. There may be other, special FinWise Bank Products for which we provide separate instructions to update your email or other electronic address.
6. Hardware and software you will need. To receive Electronic Records, you must have access to:
- a Current Version (defined below) of an Internet browser we support,
- a connection to the Internet,
- a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), and
- a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.
You must also have an active email address.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
By “Current Version,” we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with Online Banking.
7. Changes to hardware or software requirements. If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Services after receiving notice of the change is reaffirmation of your consent.
8. Your enrollment in Electronic Services using our equipment. If you enroll for an Electronic Service through one of our customer service representatives or using our equipment, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use electronic records and signatures under the terms of this ESIGN Consent.
9. Communications in languages other than English. Please note, we may be unable to fulfill and service FinWise Bank Products in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future Communications in English.
By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your FinWise Bank Products.
ADDITIONAL EXAMPLES OF ELECTRONIC RECORDS COVERED BY YOUR CONSENT INCLUDE:
- This ESIGN Consent Disclosure and any amendments;
- Our Online Access Agreement, other service or user agreements for online access to our Electronic Services, and all amendments to any of these agreements;
- All of the Communications related to any FinWise Bank Product, except for those excluded by the terms of this ESIGN Consent Disclosure;
- All of the periodic account and activity statements, disclosures and notices we provide to you concerning your FinWise Products;
- Any notice or disclosure regarding fees or assessments of any kind, including late fees, overdraft fees, overlimit fees, and returned item fees;
- Notices of amendments to any of your agreements with us; and
- Other disclosures and notices that we are legally required to provide to you, or choose to provide to you in our discretion.