Checkissuing Terms and Conditions

These terms and conditions govern the use of all Digital Checks (“digital checks”), Printed and Mailed Check (“Printed Checks”), and/or ACH direct deposit (“ACH transfer”) products and services (together “Service” and “Services”). Services are provided by Check Issuing LLC (“Checkissuing”). By using the Services, you agree to the following terms and conditions (“Terms”).

This agreement is revised periodically and may include changes from previous versions. By accessing your account and engaging our Services, you agree to the most recent version of these Terms, which is always available to you online and within applicable mobile applications. You may withdraw your consent at any time by discontinuing your use of Services.

These Terms outline terms and conditions that apply to your use of Services and are in addition to other agreements and disclosures that apply to your accounts with your financial institution(s). Checkissuing ACH Direct Deposit Services are intended to send money to individuals and entities you trust.

How to Contact Us

If you have questions about our Services, please contact us at:

Telephone: 866-535-3954 (Monday-Friday 9am-5pm Central, excluding federal holidays)

Website: https://www.checkissuing.com

Mailing Address:

Check Issuing LLC

1835 E. 6th St. #22

Tempe, AZ 85281

Contact us immediately at 866-535-3954 if you become aware of any incorrect or unauthorized Digital Check, Printed Check, or ACH Direct Deposit transactions.

Definitions 

The following definitions apply in these Terms:

• The words “we”, “our”, “us”, and “Checkissing” mean Check Issuing LLC and respective affiliates, successors, assigns, representatives, and service providers.

• The words “you” and “your” mean each account owner and users, including individuals and representatives of organizations, and anyone else with access to the account to perform transactions or receive Services covered by these Terms. If there is more than one owner, then these words mean each account owner separately, and all account owners jointly.

• “Access Device” means any electronic device you may use to access Services or view electronic documents. This includes but is not limited to a traditional computer or a mobile device, including tablets and smartphones.

• “Bank” means any U.S. financial institution holding an enrolled checking account.

• “Business Days” means Monday through Friday. US Federal holidays are not Business Days.

• “Checking Account” means any U.S. checking account owned, designated, and linked to the Service by a Checkissuing account owner or user.

• “Consumer” means a natural person, and does not include a corporation, limited liability company, or any other entity.

• “Digital check” means a digital check payment initiated through the Checkissuing platform.

• “Checkissuing Sender Account” means an account established through the Checkissuing platform that enables users to send Digital Check and/or Printed Check Payments.

• “ACH Transfer” and “ACH Transfers” mean a digital check that has been endorsed, assigned, and transferred to Checkissuing’s bank partner for clearing and collection to facilitate an electronic transfer of the proceeds to a designated bank account.

• “Payee” means anyone receiving a payment sent through Digital or Printed Check. 

• “Payment(s)” means any Digital or Printed Check payment initiated through the Services.

• “Payment Instructions” means the information provided by the Sender when initiating a Payment.

• “Printed Check” describes the services wherein a User/Payor requests Checkissuing to print and mail a physical paper check to a designated Payee.

• “Receiver” means anyone using the Services to receive a payment via Digital Check.

• “Sender” or “Payor” means anyone using the Services to send Payments via Digital or Printed Check.

• “Service Provider(s)” means any processor or other third party engaged by Checkissuing to provide remittance capabilities, equipment, or other services in connection with the Services. This includes any agent, independent contractor, or subcontractor of any of the foregoing. You agree that we have the right under these Terms to delegate to Service Providers all of the rights and performance obligations that we have under these Terms, and that the Service Providers will be third-party beneficiaries of these Terms and will be entitled to all the rights and protections that these Terms provide to us.

• “User” means any individual or representative of an organization with approved access to an account hosted on the Checkissuing platform.

Scope of Terms 

These Terms govern the availability and use of the Services. The Services are offered only to residents of the United States who can form legally-binding contracts under applicable law. Without limiting the foregoing, Services are not offered to minors. Your use of Services is governed by the Terms contained herein and the following, which are considered part of these Terms:

• Any other terms, conditions, or instructions appearing or presented on a screen when enrolling for, accessing, or using any of the Services;

• Our rules, procedures, and policies, as amended from time to time, that apply to any of the Services; and

• All state and federal laws and regulations as applicable.

Each Checking Account enrolled into the Service will also continue to be subject to any terms and conditions required by that Checking Account owner’s financial institution. By enrolling a Checking Account into the Service, you agree to be bound by and comply with these Terms and the terms and conditions of the financial institution holding your Checking Account.

Checkissuing utilizes Service Provider ACH Transfers and its ACH deposit services (“ACH Transfers”) to facilitate the delivery of Digital Check proceeds to a Receiver’s bank account.

Unless otherwise specified, these Terms apply whether you are using the Service as a Sender, Payor, Payee, or Receiver.

Privacy & Confidentiality

Protecting your privacy is important to us. We will gather and disclose personal information about you only as allowed by law. Personal information about you, and the transactions you make, will be used for the purpose of engaging in the Services as well as for internal purposes. We may also disclose information to third parties about your account or the transactions you make in accordance with the law and as outlined in the Privacy Policy.

Using the Services

You may use the Services only in accordance with these Terms and as permitted by law, including applicable export and re-export controls laws and regulations.

If you are using Services on behalf of an organization, you represent that you are authorized to bind the organization on its behalf, and that the organization agrees to be bound by these Terms.

Terms Applicable to Digital Check Receivers

The following terms apply to Receivers:

As a Receiver of a Digital Check, you may be offered options to receive and retrieve funds sent to you via Digital Check. Options include:

• Print Check – Print the check yourself to cash or deposit like a paper check

• ACH Transfer – Elect to use our ACH direct deposit service powered by ACH Transfers for electronic delivery of funds to your bank account.

• Capture from Screen – Use your banks check image capture application on your smartphone to take an image of a physical representation of a check on your computer or tablet screen in order to mobile deposit your check.

• Request a Printed Check – Use our system to request a printed check to be mailed to the address you provide.

For the Capture from Screen option, you inherently grant all rights and licenses necessary for Checkissuing to print a representation of your signature on the check, on your behalf.

You agree to present any Digital Check sent to you for payment only once. You agree and acknowledge that multiple presentments of a Digital Check is fraud and is illegal. You agree not to alter or conceal any portion of any Digital Check you receive, including any comments, coding, instructions, or disclaimers accompanying your Digital Check. These instructions may include but are not limited to a disclaimer regarding your authorization as the Receiver to act as the Sender’s agent for purposes of printing a physical representation of the Digital Check.

Printing a Digital Check

If you decide to print your Digital Check, you agree that you will print the Digital Check in conformance with any check printing instructions we provide to you. We recommend printing your Digital Check in color using a standard laser copier/printer and white laser paper.

ACH Transfers – Direct Deposit the funds into your Financial Account

You may elect to authorize Checkissuing to endorse, assign, and transfer the Digital Check to our bank partner on your behalf for clearing and collection, and have the resulting funds transferred by ACH Transfers to an eligible bank account designated by you. Note that you must have a bank account at a financial institution in order to use ACH Transfers. You are solely responsible for the accuracy of the information you provide in connection with your use of the ACH Transfers Service.

Neither Checkissuing nor ACH Transfers nor our bank partner are responsible for any errors or fees incurred by your failure to provide accurate bank or other information, including your debit card number. The ACH Transfers service is not available to all Users and we reserve the right to refuse to provide ACH Transfers services at our sole discretion.

Use of ACH Transfers – Direct Deposit the funds into your Financial Account

The ACH Transfers service is only available to Receivers of a Checkissuing Digital Check or ACH product and does not apply to Printed Check Payees. As an Digital Check Receiver, you may be offered the option to have Checkissuing endorse, assign, and transfer the Digital Check to our bank partner on your behalf for clearing and collection, and have ACH Transfers credit the resulting funds to your bank account.

You will be able to submit Digital Checks for Deposit. If your Digital Check is approved for Deposit, you will not be required or permitted to print the check to paper. Rather, you appoint Checkissuing as your Agent to print the Digital Check, endorse, assign, and transfer the Digital Check to our partner bank on your behalf for clearing and settlement. ACH Transfers will credit the resulting funds to your bank account.

Most ACH Transfers transactions will be funded within 4 business days minutes of your election to use the ACH Transfers service. The timing and availability of funds during your first use of the ACH Transfers service is a good indicator of the time and availability of funds for future ACH Transfers transactions. Absent fraud by you, once an Digital Check has been approved for an ACH deposit and funds are credited to your designated account, they are “guaranteed”, and the money is yours to keep.

In addition, you understand and agree to the following:

• The ACH Transfers service is intended as a convenience for you, the Receiver. You may not use the service to facilitate the transfer of funds for payroll.

By using the Services, you represent and warrant that:

• The account information you provide is associated with an account held at a U.S. financial institution;

• You are not listed on any U.S. government list of prohibited or restricted parties; and

• Your use of the Service will not damage or disrupt any application or service provided under these Terms, including but not limited to the introduction of any viruses, trojans, time-bombs, spyware, malicious code, or other devices.

Printed Check Services

Printed Check (“Print”) allows users to select to have Checkissuing print and mail paper checks to specified Payees. This Print service will enable users to make one-time or pre-authorized automatic recurring payments to persons or entities in the United States. All Printed Check Payments are initiated through the Checkissuing platform.

Note that Print services will be initiated immediately, but your Payee will not receive the Payment for 2-7 days after you initiate the Payment. The only option available for our Print service is Standard Delivery via US Mail/FedEx/UPS.

Taxes 

It is your sole responsibility to determine what, if any, taxes apply to any Payments you receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Payments or for collecting, reporting, or remitting any taxes arising from your use of the Services.

Fees Payable by Receivers

Checkissuing does not currently assess any fees to Receivers of Digital Checks who utilize the standard print option or if a Receiver elects to use an alternative funding option (made available by us) to receive payment on a Digital Check. Receiver is responsible for any and all fees that may be assessed by Receiver’s telephone and/or internet service provider with using the Service.

Changes to the Services and Accounts

Checkissuing reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Checkissuing shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that we shall not be liable to you or any third party for any changes or modifications to the website, Apps, and any Services that we may wish to make from time to time, or for any decision to suspend, discontinue or terminate the website, Services, or any part or parts thereof, or your ability to use or access the same.

Warranties and Disclaimers

Checkissuing makes no representations or warranties with respect to uptime or availability of the Services. Checkissuing is not responsible for any loss or damage arising from your inability to access or use the Services.

Other than as expressly set out in these Terms, neither Checkissuing, nor its suppliers, distributors, bank partners, or any Suppliers make any specific warranties about the Services, express, implied, or statutory, and any such warranties are hereby disclaimed. All Services are provided “as is”.

Indemnification and Release

You agree to defend, indemnify, and hold harmless Checkissuing and our affiliates, service providers, bank partners, and each such party’s respective officers, directors, agents, employees, representatives, and contractors, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these Terms and/or your use of the Services.

If you have a dispute with one or more users of the Services or your financial institution, you release Checkissuing and our affiliates and service providers, and the employees and contractors of each of these, from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

Liability 

Except as otherwise described herein, Checkissuing and its affiliates and agents and its and their officers, directors, employees, agents, partners, and licensors, are not and will not become liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, or any other losses or liability resulting from or related to the Services, even if advised of the possibility of such damages.

Checkissuing’s liability and your exclusive remedy related to non-performance of any Service shall be: (i) for Checkissuing to re-perform, repair, or replace the Service, or (ii) where reperformance, repair, or replacement is not practicable, the total liability of Checkissuing and its suppliers and distributors shall be limited to your actual documented damages, not to exceed the fees paid by you for the non-performing Services.

Nothing in these Terms shall operate to exclude liability for any statutory liability that cannot be excluded or amended by agreement between the parties.

Modification, Termination, and Suspension

We are constantly updating and improving the Services. We may add, alter, or remove functions or features and we may suspend or stop some or all Services without notice to you except where required by law.

We may modify these Terms at any time in our sole discretion without prior notice to you except where required by law. You should review these Terms as published on our website or Apps regularly. If you do not agree to these Terms as modified from time to time, your sole remedy is to discontinue your use of the Services. Your continued use of the Services after any changes to these Terms shall constitute your consent to such changes.

You may terminate or cease using the Services at any time. If we have reason to believe that you have engaged in any prohibited activities referenced or described in these Terms or have otherwise breached your obligations under these Terms, we may terminate, suspend, or limit your access to or use of the Services; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide the Services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate these Terms and/or use of the Services for any reason and at any time.

Neither termination nor suspension shall affect your liability or obligations under these Terms.

If any Payments initiated by you are still pending at the time the Services are terminated, such Digital Check may still be retrieved and presented by Receivers for settlement against your Checking Account. See above on how to void or stop payment on pending Payments. If funds from any ACH deposits initiated by you have not yet reached your bank account at the time the Services are terminated, the funds will still be transferred to your bank account in the normal course.

How we Communicate

If you provide us with your phone number, you expressly agree that you are providing this phone number for us to contact you. You agree that we may use this number to contact you for any business purpose about the Services and you agree to be responsible for any fees or charges you incur as a result of providing this information.

Notices 

You agree that we may provide notice to you by posting it on the website, sending you an in-product message within the Services, emailing it to an email address that you have provided, or by mailing it to any postal address you have provided to us. All notices provided by us shall be deemed received by you no later than twenty-four hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three business days after it is mailed.

Miscellaneous

Assignment to Third Parties

No person other than you shall have rights under these Terms. You may not transfer or assign any rights or obligations you have under these Terms without Checkissuing’s prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this agreement or any right or obligation under this agreement at any time to any party. We may also assign or delegate certain rights and responsibilities under these Terms to independent contractors or other third parties. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Conflict of Terms

If there is a conflict between these Terms and any other supplemental terms provided to you or displayed on the website or Apps, the supplemental terms will control with respect to any Services specifically described in such terms.

Jurisdiction & Applicable Law

The laws of the state of Arizona, without regard to its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Arizona, and you consent to personal jurisdiction in those courts.

Waiver 

Checkissuing shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Severability

Should one or more provisions of these Terms be found unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity or enforceability of the remaining provisions of these Terms, which remain in full force and effect.

Acceptable Use

You are independently responsible for complying with all applicable laws related to your use of the Services, and you agree not to use the Services to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound.

We reserve the right, but assume no obligation, to terminate your ability to use the Services in general, or to specific recipients, if we deem such request to be potentially unlawful, abusive, offensive, or unwelcome by the recipient. In no event shall we be liable for any claims or damages resulting from your use of the Services for prohibited payments.

Limitation of Liability for Sending Payments

Checkissuing does not control or have liability for any products or services that are paid for with the Services. We also do not guarantee the identity of any Sender or Receiver that uses the Services.

Equipment

You are responsible for and must provide all telephones, mobile devices, computers, and/or other equipment, software (other than software provided by us), and services necessary to access the Services. If using a computer or mobile device, you may need additional software that is capable of opening .pdf files to view, print, and/or save your transaction records and notices.

Accessing Services from Outside the United States 

The Services described herein are only offered in jurisdictions where they may be legally offered. Not all Services are available in all countries and you understand that the described Services are intended for customers located in the United States. You also understand that Checkissuing is based in the United States, and that all information and transactions available within the Services are reflected in U.S. currency.

We do not make any representations that any content or use of any of the Services are appropriate or available for use in locations outside of the United States and accessing the Services from territories where any content or use of the Services is illegal is prohibited. If you choose to access the Services from locations outside the United States, you do so at your own risk, and you are solely responsible for compliance with any and all local laws.

Complete Agreement

These Terms represent the sole and exclusive agreement between you and Checkissuing regarding the Services and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof.