P2P Terms and Conditions

phone to phone transfer

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PERSON-TO-PERSON (P2P) TRANSFER SERVICE

 

Person-to-Person (P2P) Transfer Service (the “Transfer Service”) processes transactions only to active, U.S. debit cards (no gift cards, credit cards or foreign cards). The Transfer Service allows for transfer of funds between you and Payees. You may initiate a transaction through the Transfer Service to transfer funds out of your Funding Account to a Payee (Transfer Transaction).

 

General Terms Applicable to the Service

 

The Transfer Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our control.

 

Eligibility to Use the Transfer Service

 

In order to use the Transfer Service, you must have an eligible Funding Account and/or Deposit Account with the Bank, and you must be an owner of said Account(s). In order to transfer funds out of your Account you must have an available balance in the Funding Account.

 

You represent to us that you are a U.S. resident (not including U.S. territories) and you have the authority to authorize debits from and credits to the Funding and Deposit Accounts you have identified. You agree that you will not use the Transfer Service for International ACH Transactions which are prohibited under this Agreement. You further agree that you will not use the Transfer Service to send or receive money from anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts, other amounts owed to government entities or payments otherwise prohibited by law.

 

Email Address and/or Phone Number

 

You must provide us with an email address which you regularly use and intend to use regularly (no disposable email addresses) and a permanent mobile phone number which you intend to use for an extended period of time (no “burner” numbers). Email addresses and phone numbers for both you and Receiver/Payee may be stored to accommodate transfers using the Transfer Service.

 

You are authorizing and instructing us to send emails and/or text messages to both you and/or the Receiver/Payee concerning the Transfer Transaction. You represent and warrant to us that you have received permission from that person for us to do so.

 

Users must provide certain information to utilize the Transfer Service in order to send, request and/or receive money.

 

Communicating with You

 

You represent and warrant to us that you are the owner of the mobile phone number and/or email documented as part of the Transfer Service or have the delegated legal authority to someone else to act on your behalf.  You further acknowledge and agree that:

1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.

2. You will immediately notify us if any email address or mobile phone number you have registered for use in the Transfer Service is surrendered by you or changed by you.

3. In the case of any messages you may send through this service or that we may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient.

4. You understand and agree that any emails or text messages that we send or which are sent on your behalf are not encrypted and may include personal or confidential information.

5. We are not liable for any delay or failure to deliver any text messages or emails.

 

In the event you ever withdraw this consent for text messages and/or emails, and notwithstanding that withdrawal, you expressly authorize us to send you text messages and/or emails confirming your instructions relating to the Transfer Service, including a confirmation from us in the event you withdraw your consent.

 

Declining to Use an Email Address or Mobile Telephone Number

 

We may, at our sole discretion and for any reason, decline at any time to accept or use, or to continue to accept or use, any specific email address or mobile telephone number provided to us by any person.

 

Accessing Your Funding Account; Terminating Access

 

You authorize us to provide access to your Funding Account and/or Deposit Account through the Transfer Service to initiate and complete Transfer Transactions.

 

In the event you violate any terms of this Agreement, there are unauthorized or fraudulent transactions related to your Funding Account, Deposit Account or use of the Transfer Service, or we incur problems with your use of the Transfer Service, you agree that we may suspend or terminate your access to the Transfer Service at any time.

 

We may, at our sole discretion, at any time and without prior notice to you or other Transfer Transaction participants, suspend or terminate the Transfer Service.

 

Use of Personal Information to Identify You and Process Transfer Transactions

 

You authorize the Bank to use the email addresses and telephone numbers that are associated with you and your Transfer Transactions.

 

You agree that we may provide your name, mobile phone number, and email address to any Receiver/Payee you designate in the Transfer Service and any Receiver/Payee’s Financial Institution, or any other person, engaged in processing, facilitating, or delivering Transfer Transactions to which you are a party. You irrevocably waive any provisions of any other Agreements or Terms and Conditions between you and us which would otherwise prevent us from providing this information in connection with any Transfer Transaction to which you are a party.

 

Each time you use the Transfer Service, you represent and warrant to us that:

1. You have the right to authorize us to access your Funding Account and/or Deposit Account to effect fund transfers or for any other purpose authorized by this Agreement;

2. You are not violating any other person’s rights when you provide us information and instruct us to initiate or complete a fund transfer; and

3. All the information you provide to us is true, current, accurate, and complete.

 

We may maintain information which tracks your access, view, and use of electronic data in connection with your use of the Transfer Service. This information may include, but is not limited to detailed information about your transactions and communication with other Transfer Service participants.

 

We may disclose information to third parties about your account or the funds you send or receive:

1. As necessary to complete transactions;

2. As necessary in connection with offering the Transfer Service;

3. In connection with the investigation of any claim related to your account or the funds you send or receive;

4. To comply with government agency or court orders or other law;

5. In accordance with your written permission; and

6. As otherwise permitted by the terms of our privacy notice.

Our privacy notice may be accessed on our web site, www.firstkentucky.com

 

Changes to Email Addresses and Telephone Numbers

 

You agree that you will notify us immediately in the event of a change to any email address or mobile telephone number which has been provided to us and is associated with you. You may instruct us to change any email address or telephone number we associate with the Transfer Service at any time. We may continue to rely on any email address or telephone number that has been provided to us until you notify us of a change.

 

Your Fund Transfers

 

We may at any time decline any Transfer Transaction that we believe may violate applicable law.

 

You represent and warrant to us that:

1. All Transfer Transactions you initiate are for your own account, and not on behalf of another person;

2. You are not receiving any fee or compensation from any other person in return for initiating a Transfer Transaction; and

3. You are authorized by the Receiver/Payee to make funds transfers to their account at their financial institution.

 

Sending Money

 

You understand and agree that:

1. When you use the Transfer Service, neither you nor the Bank will have the ability to stop or reverse the transaction. In most cases, when you are sending money, the transfer will occur within minutes; however, there are circumstances when the payment may take longer.

2. Your Funding Account will receive a memo debit for outgoing transfers immediately after the Transfer Service processes a transaction. This memo debit cannot be reversed, and will permanently post to your Funding Account immediately, but if not immediately, no later than three business days from when the Receiver/Payee has agreed to accept the transfer and has provided the required information to receive the transfer.

3. After three business days, transfers will not be completed for persons to whom you are sending money who have not agreed to accept the transfer, or have not provided the required information to receive the transfer, or otherwise ignores the payment notifications.  In this case, the memo debit will be re-credited to your Funding Account.

4. The transfer may be delayed or blocked to prevent fraud or comply with regulatory requirements. We have no control over the actions of Receivers/Payees or other Financial Institutions.

 

Frequency and Dollar Amount of Transfer Transactions

 

We may from time to time for security and risk management reasons modify the limit, the frequency, and the dollar amount of transfers you can make using the Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of the Bank. The minimum transfer amount is $1.00. We are not responsible for any limitations imposed on transfers related to other Financial Institutions.  We reserve the right, at our sole discretion, to change from time to time the dollar amount of transfers you are permitted to make using the Transfer Service.

 

Transfer Transaction Descriptions

 

We may, at our sole discretion, permit you to add a description or comment concerning the Transfer Transaction that will be transmitted to the Receiver/Payee. You agree that if we permit you to add a description or comment concerning the payment to the Receiver/Payee that you will not include inappropriate or abusive language, messages or content in the description or comment. You agree that we may monitor the contents of the description or comment and may terminated or edit the message if we believe any of the content is inappropriate or abusive, in our sole and absolute discretion.

 

Failure or Rejection of Transfer Transactions

 

We do not make any representation or warranty that any particular Transfer Transaction can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the Transfer Transaction is only an estimate and is not binding. You understand and agree that we have no control over the actions of other Financial Institutions which may prevent a Transfer Transaction from being completed or may delay its completion. You understand and agree that we may not be able to complete a Transfer Transaction if:

 

1. The Receiver/Payee does not enroll in or register with the Transfer Service;

2. The Receiver/Payee does not complete the necessary steps in providing needed information to complete the transfer; or

3. The Receiver/Payee does not register with the Transfer Service using the specific email address or mobile telephone number you have provided to us for them.

 

Upon learning that a Transfer Transaction from your Funding Account to a Receiver/Payee cannot be completed for any reason, we may attempt to complete the payment again. If the Transfer Transaction is not completed, we may notify you to contact the intended Receiver/Payee, but we are not required to do so.

 

If you do not have enough money in your Funding Account to make a Transfer Transaction we may reject your request to initiate the fund transfer or other transfers you have previously enabled/agreed to for your Funding Account.

 

We may, at our sole discretion, decline to initiate or complete a Transfer Transaction for any reason. We may, at our sole discretion, accept instructions from any Receiver/Payee or from a Receiver/Payee Financial Institution to block your attempts to use the Transfer Service to initiate Transfer Transactions with that Receiver/Payee.

 

Authorization for Fund Transfer and Suspense of Funds

 

You agree that each payment instruction you give us is an authorization to make a Transfer Transaction on your behalf. You authorize us to withdraw the funds from your Funding Account immediately upon receiving your instruction for the Transfer Transaction.

 

You understand that the Receiver/Payee Financial Institution may require the Receiver/Payee to manually accept each funds transfer you send to them. You understand and agree that we have no control over whether or not the Receiver/Payee Financial Institution will require manual acceptance, or how long the Receiver/Payee Financial Institution will hold the funds before returning them if the Receiver/Payee fails to complete the required steps to accept the transfer.  You authorize us to act as your agent in receiving and processing any return of funds as we deem appropriate.

 

No Right to Cancel or Stop a Transfer Transaction

 

Transfer Transactions that are in process cannot be cancelled or stopped. You agree that you are responsible for resolving any payment dispute with any Receiver/Payee to whom you send money through a Transfer Transaction.

 

Discharge of Obligations

 

You understand and agree that the extent to which a Transfer Transaction discharges an underlying obligation you have to the Receiver/Payee of a Transfer Transaction, or an underlying obligation owed to you by the sender of a Transfer Transaction, will be determined by your agreement with the other party and other applicable law.

 

Responsibility for Errors

 

You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit transfer instructions on your behalf. You understand that financial institutions receiving the fund transfer instructions may rely on such information. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

 

You understand and agree that your relationship with each person to whom you send money to, or receive money from, is independent of the Bank and your use of the Transfer Service. We will not be responsible for any acts or omissions by these persons.

 

Limitation of Liability and Indemnity

 

YOU AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF OUR ACCESS TO THE ACCOUNTS; OUR ABILITY OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED ON THE ACCOUNTS; ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY OTHER FINANCIAL INSTITUTION; ANY FUNDS TRANSFER LIMITATIONS SET BY OTHER FINANCIAL INSTITUTIONS; AND/OR LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF THIRD PARTY NOTIFICATIONS SENT TO TRANSFER FUNDS RECEIVER/PAYEE’S EMAIL ADDRESSES OR CELL PHONE NUMBERS PROVIDED TO US.

 

We shall have no liability to you for any such transfers of money, including without limitation, any failure to complete a transaction in the correct amount, or any related losses or damages. We shall not be liable for any typos or keystroke errors that you may make when using the Service. You acknowledge and agree that you are personally responsible for your conduct while using the Transfer Service and agree to indemnify and hold us and our respective officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we or you may incur in connection with a third party claim or otherwise, in relation to your use of the Transfer Service or the use of the Transfer Service by anyone using your debit card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights).  Your obligations under this paragraph shall survive termination of this Agreement.

 

YOU AGREE THAT YOU ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT DISPUTES OR ANY OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER TO WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, WHILE USING THE SERVICE.

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