DPX TERMS AND CONDITIONS
Last Modified: October 2023
How to Contact Us
If you have questions about these Terms or DPX/Services, please contact us at:
Telephone: 877-333-6964 (Monday-Friday 7am-7pm Central, excluding federal holidays)
Website: https://my.echecks.com
Mailing Address:
Attn: eChecks
801 S Marquette Ave.
Minneapolis, Minnesota 55402
Acceptance of the Terms and Conditions
These Terms and Conditions (“Terms”) are entered into by you and Deluxe Small Business Sales, Inc. The following Terms govern your use of Deluxe Payment Exchange including any content, functionality, use case, product or service offered on or through Deluxe Payment Exchange, whether as a guest or registered user. These Terms are in addition to other agreements and disclosures that apply to your accounts with your Bank(s). By using the Services, you agree to be bound by the following Terms.
DPX is operated by Deluxe with partners Pathward, N.A. (“Pathward”) and HSI USA Inc. d/b/a Hyperwallet Systems (“Hyperwallet”) (collectively, “Partners”).
By using Services, you agree to have any Payments screened for fraud.
Deluxe utilizes Hyperwallet to perform identity verification services (including that required under Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) regulations) to determine if DPX Users are qualified to utilize Deposit Services. Those identity verification, KYC, and AML services are subject to the HyperWallet Terms of Service and the HyperWallet Privacy Policy. Additionally, Deluxe utilizes Hyperwallet and its Instant Funds eDeposit services to facilitate the delivery of eCheck proceeds to a Payee’s Bank account. Such Deposit Services are subject to the HyperWallet Terms of Service and the HyperWallet Privacy Policy, in addition to these Terms.
Deluxe utilizes Pathward and its check cashing and money transmission services to facilitate the clearing and depositing of eCheck proceeds to a Payee’s Bank account. Such services are subject to the Pathward Terms of Service and the Pathward Privacy Policy, in addition to these Terms.
Deluxe offers Users access to plugins for Quickbooks, Microsoft Excel, and Microsoft Dynamic CP, which allow Users to automatically add DPX transaction information into these software platforms. Use of any plugin shall be subject to any and all additional terms presented to you at the time you download such plugin.
Please read these Terms carefully before you use Services. By using Services, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy found at https://www.deluxe.com/policy/privacy/. If you do not agree to these Terms in their entirety, your sole remedy is to not use or access the Services.
Unless otherwise specified, these Terms apply whether you are using the Services as a User, Sender, Payor, Payee or Receiver.
Definitions
All capitalized terms not otherwise defined within the body of these Terms shall have the meanings set forth here:
• The words “we”, “our”, “us”, and “Deluxe” and similar terms, mean Deluxe Small Business Sales, Inc. 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.
• "Account” means any account registered or created in DPX for use of Services
• “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 an eChecks account owner or user.
• “Deposit Account” means any account owned or managed by Payee into which Payee directs the funds through Deposit Services. Deposit Accounts include Bank accounts, debit cards, PayPal accounts, or any other account into which DPX is able to deposit your funds, at your direction.
• “Deposit Services” are services available to eCheck Payees wherein the Payee may elect, for a fee, to allow Deluxe and Partners to electronically deliver funds to an approved Deposit Account.
• “DPX” means Deluxe Payment Exchange as operated by Deluxe Small Business Sales, Inc. and any Services provided through any website or portal labeled as “Deluxe Payment Exchange” or “DPX.”
• “eCheck” means an electronic check payment initiated through the Deluxe eChecks service platform.
• “Payee” means anyone receiving a payment sent through eChecks or Print+Mail. Payees must be based in the US.
• “Payment(s)” means any eCheck or Print+Mail payment initiated through the Services. All Payments must be in US currency.
• “Payment Instructions” means the information provided by the Sender when initiating a Payment.
• “Payor” – means anyone using the Services to send Payments via eCheck or Print+Mail. Payors must be in the US.
• “Print+Mail” describes the services wherein a User/Payor requests Deluxe to print and mail a physical paper check to a designated Payee.
• “Service(s)” means any of the use cases, products or services available through Deluxe Payment Exchange, including but not limited to any use case, product or service provided regarding eCheck approval or issuance, eCheck transmission, eCheck receipt, Deposit Services, and Print+Mail.
• “US” means the fifty United States, the District of Columbia and the US territories and commonwealths, including Puerto Rico, Guam, Northern Mariana Islands, US Virgin Islands, American Samoa, and the US Minor Outlying Islands.
• “User” means any individual or representative of an organization authorized to access an account hosted on the DPX platform.
• “Website(s)” or “Site(s)” means any website or online portal labeled with Deluxe Payment Exchange or DPX branding or through which any Services are performed.
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.
Changes to DPX Terms and Conditions
Deluxe and Partners may amend or change these Terms (including any applicable fees) from time to time in our sole discretion, by sending you written notice by electronic mail or postal mail, by notifying you within an applicable application or app you are using, or by posting the updated Terms on the Website at https://my.echecks.com/welcome . If you do not agree to the changes, you will not be allowed to continue to use DPX or Services. If you find these Terms unacceptable at any time, your sole remedy is to discontinue your use of DPX or Services. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Website or app, so you are aware of any changes, as they are binding on you.
Use of DPX & Services
By using DPX or Services, you represent and warrant to Deluxe and Partners that: (i) you are at least 18 years of age or higher based on the age of majority in your jurisdiction; (ii) you are a US citizen or legal alien residing in the US with a verifiable US address; (iii) all the information you provide or have provided to us at registration and in connection with each transaction is true, correct, and complete; (iv) you have received a copy of these Terms and agree to comply and be bound by these Terms; and (v) all cards and accounts to which you ask us to send funds are legally owned or controlled by you.
Registration and Ongoing Use
Your registration for and use of Services are subject to Deluxe and Partners’ initial and ongoing review and approval, including confirmation of your identity. Deluxe may accept or reject your registration for any reason or no reason, in our absolute discretion. Occasionally, at our sole discretion, Deluxe or Partners may ask you additional questions to confirm your identity, such as requiring you to provide identity verification or verifying your information against third party databases or other sources.
Contact Information
It is your obligation to keep your contact information current, including your primary email address, so we may contact you. Any communication we send to you using the information we have on file will be deemed received by you. You can update your information through the Website. If, at any time, your email address becomes invalid, we may deactivate or freeze your account until it is updated with a valid email address.
Accessing DPX Services and Account Security
To access the Services, you will be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to Deluxe and Partners is correct, current, and complete. You agree that all the information you provide to register for Services or otherwise, including, but not limited to, through the use of any links or interactive features on any Website, is governed by our Privacy Policy https://www.deluxe.com/policy/privacy/ you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you chose, or are provided with, a username, password, or any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to your Website, Services or your Account, or any portions thereof, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you appropriately logoff and exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You may change your password or update your Account at any time via the Website.
You are responsible for ensuring that all persons who access Services through your Account or internet connection are aware of these Terms and comply with them.
We have the right to disable any Account, username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or the terms of our Partners.
If you suspect that someone has stolen your identity or has unauthorized access to your Account, please contact us at:
Telephone: 877-333-6964 (Monday-Friday 7am-10pm Central, Saturday 8am-4:30pm Central, excluding federal holidays)
We reserve the right to withdraw or amend any Service we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some Services, Accounts or websites, to users, including registered Users.
Account Cancellation
You may cease your use of DPX or Services at any time by not using it. You may cancel or close your Account by emailing us at support@deluxeechecks.com. No fees paid for Services already rendered will be refunded under any circumstances, including upon our suspension or termination of your ability to use DPX for any reason, your cessation of use of DPX, or the expiration or cancellation of your Account.
Sharing Information with Partners
By using Services, you authorize Deluxe to obtain information and reports about you and your financial and transaction history from our Partners and other third parties, including your Bank account issuer and credit reporting agencies, to help us assess the risk of transactions you submit through DPX. By using Services, you consent to the disclosure of such information and to us obtaining and using this information.
Creating and Sending DPX Payments
As a Payor, you have the option to select between eCheck and Print+Mail services to remit funds on your behalf to any Payee. Funds remitted to Payees via either method remain in your account until they are presented to a financial institution for payment. If you do not select a method of Payment, the system will default to a one-time eCheck.
• On Demand One-Time Payment
A one-time payment to any Payee. On Demand Payments are initiated and processed immediately.
Payor may use Services solely to send Payments as permitted by law and these Terms. It is Payor’s responsibility to maintain a transaction history and confirm all Payments with their financial institution regularly. If your Account shows unauthorized Payments, it is your obligation to contact Deluxe immediately at telephone: 877-333-6964 (Monday-Friday 7am-10pm Central, Saturday 8am-4:30pm Central, excluding federal holidays) or at support@deluxeechecks.com.
Payment Instructions
When you enter Payment Instructions, you authorize us to create a Payment on your behalf so that the Payment arrives as close as reasonably possible to the date you designate. Payment Instructions received on weekends or holidays are considered to be received on the next Business Day. It is your responsibility to schedule Payments in such a way that your Payees receive their funds on time. You are solely responsible for any late payment or finance charges that you may incur as a result of your failure to provide Payment Instructions in accordance with these Terms. It is solely your responsibility to enter accurate information and Payment Instructions to DPX. We reserve the right to refuse to honor Payment Instructions that appear to be fraudulent, erroneous, in violation of these Terms, or prohibited by law or regulation.
When you initiate a Payment, you grant all rights and licenses necessary for the Payee or Deluxe to print a physical representation of the eCheck or check, including your signature, on your behalf.
Receiving DPX Payments
As a Payee, you have the option to select between printing an eCheck or utilizing DPX Deposit Services.
• Print Check
At no cost, you may print the eCheck yourself to cash or deposit in the same way you would any paper check. You must print the eCheck in conformance with all printing instructions Deluxe provides to you. In printing the eCheck, you, as Payee, are acting as an agent of Payor for purposes of printing a physical representation of an eCheck.
• Deposit Services
For a fee which will be deducted from the amount of the eCheck prior to deposit (including a portion paid to Partners for their services), eCheck payees may elect to allow Deluxe and Partners to electronically deliver funds to an approved Deposit Account. Deposit Services are only available to payees who have received an eCheck and are not available to Print+Mail payees.
If you choose Deposit Services, Deluxe and Partners will review you and the transaction for approval to use these Deposit Services. Approval is at the sole discretion of Deluxe and its Partners. If you are approved, Deluxe will initiate the required regulatory KYC, AML and identity verification processes through Hyperwallet. If you are approved through the Hyperwallet process, you will authorize Deluxe to, on your behalf, endorse, assign and transfer to Pathward all checks approved for funding. Pathward will deposit your check in its own account for clearing and collection and is responsible for crediting your check funds to your designated Deposit Account (less applicable fees). Pathward is responsible for compliance with all money transmission and check cashing licensing and regulatory requirements in this transaction. Neither Deluxe nor its Partners are responsible for any errors or fees incurred by your failure to provide accurate Deposit Account or other information. If you provide inaccurate Deposit Account or other information, Deluxe reserves the right to charge you up to $7.50 per attempted deposit.
If your check is approved for funding, Deluxe is agreeing that it will assume the losses associated with any approved and funded check Pathward is unable to collect. Because Deluxe is assuming the risk of collection of the amount of your check from the issuer of the check, Deluxe may approve or reject your check for funding in its sole discretion based on a variety of factors.
You may not submit any eCheck you have deposited or cashed anywhere else for deposit through Deposit Services. One you submit an eCheck for approval to Deposit Services, you must not attempt to deposit or cash it anywhere else. If we decline, and only if we decline, your use of Deposit Services for any reason, you may then attempt to deposit or cash the eCheck elsewhere.
Deposit Services are provided as a convenience for DPX Payees and may not be used to facilitate the transfer of funds for payroll or payroll purposes.
Errors in Connection with Account Funding (Deposit Services)
If you become aware of an error with respect to the crediting of funds to Deposit Account from a DPX transaction, or if you believe your DPX Account password has been compromised, please notify Deluxe as soon as possible by calling us Telephone: 877-333-6964 (Monday-Friday 7am-10pm Central, Saturday 8am-4:30pm Central, excluding federal holidays) or send us an email at support@deluxeechecks.com.
To aid our investigation, you may be asked to:
• Provide your name and transaction confirmation number
• Describe the error or the transaction you are unsure about, and explain why you believe an error occurred
• Provide the exact dollar amount of the suspected error
• Provide the exact details about the eCheck and its original value
• Contact your Bank to help resolve the issue
• Provide DPX an alternative account to which to send your funds
We will take reasonable steps to correct errors and notify you of the results of our investigation.
NOTE: You may have rights under the Electronic Funds Transfer Act regarding transactions that are posted to your account. Check your accountholder agreement with your account for the terms that apply to your account for a complete statement of your rights in the event of an error or unauthorized transaction, and the steps you need to take to protect those rights. You may be subject to time limits as to how quickly you need to notify your account issuer.
Your Representation and Warranty for use of Deposit Services
You represent and warrant to Deluxe and its Partners that any eCheck you present for Deposit Services (i) is a bona fide check for funds owed to you that has been obtained by you by lawful means; (ii) you are not aware of any facts or circumstances which would limit the value, legality, collectability, or negotiability of the check; (iii) the check does not include any proceeds from or related to criminal activity; and (iv) there are no unfulfilled conditions that limit the negotiability of value of the check. You agree that Deluxe and its Partners may seek legal redress against you if you have breached any of your representations or warranties set forth in these Terms. You grant Deluxe and its Partners a lien on property belonging to you of any kind, whether real, personal, tangible or intangible, which is in our possession including the proceeds of any other Payment submitted or credited to your account on your behalf, which may be used to satisfy any debt owed by your under these Terms or any terms of any other agreement with us, without contest on your part.
Fees
All fees are in US Dollars.
You are responsible for any and all other fees and charges that may be assessed by your telephone company, wireless carrier, internet service provider, Bank, issuer or opener of any Deposit Account, or any other third-party provider you may engage.
Funding Limits (Deposit Services)
Your ability to receive a credit of funds to your Deposit Account is also subject to funding limits and availability restrictions set by your Deposit Account issuer, taking into account all account funding transactions, maximum account balance limits, daily maximum load limits, or other limitations imposed by your Deposit Account issuer. You may also be prevented from crediting funds to your Deposit Account if you have not met the requirements for adding funds to your Deposit Account as specified by your Deposit Account issuer, which may include registration of your Deposit Account, completion of identity verification with your Deposit Account issuer, or other requirements. If you have exceeded your Deposit Account limits or failed to meet any other requirements imposed by your Deposit Account issuer, DPX, Pathward or the Deposit Account issuer may decline the credit of funds to your Deposit Account.
Account Funding Failures (Deposit Services)
Deposit Account funding requests may fail or be rejected. If Pathward is unable to credit your Deposit Account with funds from any eCheck Deluxe has approved, we will contact you to attempt to resolve the issue, which may require you to take action, including registering your Deposit Account for funding with your Deposit Account issuer or providing us with a different account in which to deposit the funds. If we are unable to resolve the issue and credit your Deposit Account, Pathward may, in its sole discretion, mail you a check at the address provided in your DPX Account, credit the funds back to the writer of the check, or take other action to return the funds to you or the check writer. If we are unable to credit your funds to your Deposit Account or return them to you by other means, and you do not use DPX for a period of time determined by the laws of the state governing unclaimed funds owned by you and held by Pathward (usually 12 months or more), by law we must deliver your funds to the state. This is known as “escheat.” If we deliver your funds to the state, we cannot help you recover them and you must file a claim with the state to recover those funds.
Taxes
It is your sole responsibility to determine what, if any, taxes apply to any Payments you initiate or 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 Services.
Intellectual Property Rights
The Services and any DPX website, including all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Deluxe, its licensors, or other providers of such material and are protected by US and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any Website, including any software or code accessible through the site. You must not modify copies of any material from this site, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Trademarks
The Deluxe name and all related names, logos, product and service names, designs, and slogans are trademarks of Deluxe or its Partners, affiliates or licensors. You must not use such marks without prior written permission of Deluxe or its Partners as applicable. All other names, logos, product and service names, designs, and slogans on any Website or Service are trademarks of their respective owners.
Prohibited Uses of Services
You may use Services only for lawful purposes and in accordance with these Terms. You agree not to use DPX or Services:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other jurisdictions).
• For any purpose that is unlawful, fraudulent, deceitful, untruthful, misrepresentative, dishonest or related in any manner to unlawful, unethical, or morally questionable activities as determined in Deluxe’s sole discretion.
• For the purpose or support of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To impersonate or attempt to impersonate Deluxe, a Deluxe employee, another User, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of DPX, Services or Website or which, in our sole determination, may harm Deluxe, our Partners, or Users of the Services, or expose any of the above to liability.
Additionally, you agree not to:
• Use the DPX, Services or Website in any way that could disable, overburden, damage, or impair Sites or interfere with any other party’s use of the Services or Site, including their ability to engage in real time activities.
• Use any robot, spider, or other automatic device, process or means to access any of the Services or any Website for any purpose, including monitoring or copying any of the material on any Website.
• Use any manual process to monitor or copy any of the material on any Websites, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Introduce to DPX, Services or Website any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, tamper, hack, modify, frame, “deep link,” damage, disrupt, or otherwise interfere with any parts of DPX, Services, Website, servers on which DPX/Services/Websites operate, or any server, computer, or database connected to DPX/Services/Website.
• Otherwise attempt to interfere with the proper working of DPX, Services or Website.
Suspension or Termination of Use of Services
Deluxe may suspend or terminate your use of DPX or Services if you fail to perform any of your obligations to us as set forth in these Terms, or if Deluxe or its Partners determine, in their sole discretion, that you are or potentially are misusing or abusing Services. If, at any time, Deluxe or its Partners decide, in their sole discretion, that you no longer qualify to use DPX or Services for any reason, we may suspend your use of Services. We may also evaluate your qualifications for use of Services and transaction history at any time reconfirm your identity, suspend or terminate your use of Services. No account termination or suspension will affect your or Deluxe’s respective rights and obligations arising under these Terms prior to such action.
Disclaimer of Warranties
Except as expressly provided in these Terms, DPX/Services/Websites are provided to you AS IS, AS AVAILABLE, without warranty of any kind, express, implied or statutory. We do not warrant that the use of DPX/Services/Websites will be error-free or without interruption and we are not responsible for errors or issues caused by the internet, any processor, or any third party. We do not guarantee the permanent availability of DPX/Services/Websites, including, but not limited to, the availability of the systems of DPX/Services, Partners or other parties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF DPX, ANY DPX WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DPX WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE DPX, ANY DPX WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THESE WEBSITES IS AT YOUR OWN RISK. THE DPX WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DELUXE NOR ANY PERSON ASSOCIATED WITH DELUXE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY DPX WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DELUXE NOR ANYONE ASSOCIATED WITH DELUXE REPRESENTS OR WARRANTS THAT ANY DPX WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DPX WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DELUXE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DELUXE OR ITS PARTNERS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY DPX WEBSITES, ANY WEBSITES LINKED TO ANY DPX WEBSITE, ANY CONTENT ON ANY DPX WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR YOU WERE ADVISED OF THE POSSIBILITY THEREOF. THE WARRANTIES STATED IN THESE TERMS, IF ANY, ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY DELUXE AND OUR PARTNERS AND AFFILIATES.
If you have any claims regarding the crediting of funds to your Account, the amount of your claim, and our liability arising form or relating to such claim, is strictly limited to the legal amount of the check involved.
Indemnification
You agree to defend, indemnify, and hold harmless Deluxe, its affiliates, licensors, and service providers, its Partners, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or any DPX website, including, but not limited to, your use of any content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from any DPX website.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services or any DPX website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and County of Hennepin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR USE OF ANY DPX WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Deluxe or its Partners of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Deluxe or its Partners to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms, our Privacy Policy, and the terms and privacy policies of any of Deluxe’s Partners named herein constitute the sole and entire agreement between you and Deluxe regarding the Services and any DPX website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
sing the Services, you are initiating a check-based payment from your Checking Account. Before initiating a Payment, you should ensure sufficient funds are available in your Checking Account. If we are unable to issue a Payment for any reason associated with your designated Checking Account, the Payment may not be processed. You are responsible for all returned item charges, overdraft charges, and any other fees imposed by the financial institution holding your Checking Account(s) associated with Payments initiated on your behalf using our Services.
We reserve the right to refuse to initiate any Payment for any reason, at our sole discretion. We will notify you promptly via email once we have determined a Payment will not be issued. This notification is not required if you attempt to make a prohibited transfer or Payment under these Terms.
You represent and warrant that:
• No intended recipients of Payments initiated by you are or will be located in a country that is subject to a U.S. government embargo, or designated by the U.S. government as a “terrorist supporting” country;
• No intended recipients of Payments initiated by you are listed on any U.S. government list of prohibited or restricted parties;
• You own all right, title, and interest in and to, or have permission to use, all trademarks, service marks, or logos, or other intellection property or proprietary rights that you may upload as part of your use of the Services; and
• Your use of the Services 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.
It is your sole responsibility to check your transaction history for your Checking Account(s) and eCheck Sender Account(s) regularly. If your transaction history notes Payments that you did not authorize, it is your obligation to contact Deluxe and your financial institution immediately. Except as otherwise described in these Terms, we are not liable for any damages or loss arising from someone accessing your eCheck Sender Account or Checking Account without your permission.
Voiding an eCheck
You may request to void an eCheck through our website or Apps, provided the eCheck has not yet been retrieved by the Receiver. Although we make every effort to accommodate a request to void an eCheck, we have no liability for not fulfilling a void request.
Print+Mail Payments cannot be voided and must go through the Stop Payment Request process described below.
Stop Payment Requests
eCheck
To stop payment on an eCheck that has been retrieved by the Receiver, you must either contact the Receiver of the eCheck directly or, to the extent the Receiver has presented the eCheck to a financial institution for settlement, you should initiate the check stop payment process through your financial institution. You must also contact us by telephone at the number listed above so we may attempt to designate attempts to verify this eCheck as invalid. You are responsible for all charges from your financial institution in connection with initiated eChecks or attempts to stop payment on an eCheck.
Print+Mail
Once submitted, Deluxe has no ability to stop processing Print+Mail Payments. To stop payment on a Print+Mail Payment you must initiate the stop payment process through your financial institution. You are responsible for all charges from your financial institution in connection with initiated Print+Mail Payments or attempts to stop payment on a Print+Mail Payment.
Terms Applicable to eCheck Receivers
The following terms apply to Receivers:
As a Receiver of an eCheck, you may be offered options to receive and retrieve funds sent to you via eCheck. Options include:
• Print Check – Print the check yourself to cash or deposit like a paper check
• eDeposit – Elect to use Instant Funds powered by Hyperwallet for electronic delivery of funds via your debit card to your bank account
You agree to present any eCheck sent to you for payment only once. You agree and acknowledge that multiple presentments of an eCheck is fraud and is illegal. You agree not to alter or conceal any portion of any eCheck you receive, including any comments, coding, instructions, or disclaimers accompanying your eCheck. 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 eCheck.
Printing an eCheck
If you decide to print your eCheck, you agree that you will print the eCheck in conformance with any check printing instructions we provide to you. We recommend printing your eCheck in color using a standard laser copier/printer and white laser paper.
eDeposit – Instant Funds powered by Hyperwallet
For a fee, you may elect to authorize Deluxe to endorse, assign, and transfer the eCheck to our bank partner on your behalf for clearing and collection, and have the resulting funds transferred by Hyperwallet via a debit card to an eligible bank account designated by you. Note that you must have a debit card in order to use Instant Funds. We will collect certain information from you when you elect to use eDeposit, including your name, address, and date of birth. We will provide you the means to give your debit card information directly to Hyperwallet. Deluxe will not see, store, or have access to the debit card information you provide to Hyperwallet to facilitate the transfer of funds to your bank account. You are solely responsible for the accuracy of the information you provide in connection with your use of the eDeposit Service. Neither Deluxe nor Hyperwallet 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 eDeposit service is not available to all Users and we reserve the right to refuse to provide eDeposit services at our sole discretion.
As a Receiver of an eCheck, you will be provided the option of establishing an eCheck Receiver Account. In some cases, depending on the type of eCheck payment or funding options made available to you, you may be required to establish an eCheck Receiver Account to retrieve your eCheck and view accompanying remittance information. If applicable, Deluxe will notify you of this requirement. An eCheck Receiver Account will automatically be established for all Senders upon enrollment in the Services. An “eCheck Receiver Account” is a notional account maintained for recordkeeping purposes only and cannot be used to store or maintain any funds. The eCheck Receiver Account allows Receivers to review and download the status and history of their eChecks and accompanying remittance information and take action to retrieve their eChecks.
Use of eDeposit – Instant Funds powered by Hyperwallet
The eDeposit service is only available to Receivers of a Deluxe eCheck and does not apply to Print+Mail Payees. As an eCheck Receiver, you may be offered the option to have Deluxe endorse, assign, and transfer the eCheck to our bank partner on your behalf for clearing and collection, and have Hyperwallet credit the resulting funds to your bank account via your debit card. There is a fee for using eDeposit services. The fee will be deducted from the amount of the eCheck and a portion will be paid to our bank partner for its services in clearing the check. You will be presented with the fees before taking any actions and may always opt to print the check to paper at no cost.
Through your eCheck Receiver Account, you will be able to submit eChecks for eDeposit. If your eCheck is approved for eDeposit, you will not be required or permitted to print the check to paper. Rather, you appoint Deluxe as your Agent to print the eCheck, endorse, assign, and transfer the eCheck to our partner bank on your behalf for clearing and settlement. Hyperwallet will credit the resulting funds, less applicable fees, to your bank account via your debit card.
Most eDeposit Instant Funds transactions will be funded within 30 minutes of your election to use the Instant Funds service. However, in some cases it may take up to two business days for the transaction to fund. The timing and availability of funds during your first use of the Instant Funds service is a good indicator of the time and availability of funds for future eDeposit transactions. Absent fraud by you, once an eCheck has been approved for eDeposit 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:
• If an eDeposit is rejected due to your failure to provide accurate bank account information, we may charge you fees of up to $7.50 USD per attempt; and
• The eDeposit 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:
• Your debit card 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.
Print+Mail Services
Print+Mail (“Print”) allows users to select to have Deluxe 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 Print+Mail Payments are initiated through the Deluxe eChecks platform.
Note that Print services will be initiated immediately, but your Payee will not receive the Payment for 3-7 days after you initiate the Payment. The only option available for our Print service is Standard Delivery via US Mail/FedEx/UPS.
Third-Party Products
Through our website and App(s), we may offer information, software, commentary, tools, products, or services supplied by companies not affiliated with us (“Third-Party Products”). Deluxe does not own any interest in, edit, review, or endorse any Third-Party Products. You agree that we make no warranties and are not liable as to any Third-Party Products you review, download, or otherwise use in connection with our Services. Any linked websites are not under our control and we are not responsible for the availability, content, products, services, advertising, or other materials available on any third-party sites.
Deluxe offers Senders access to plugins for Quickbooks, Microsoft Excel, and Microsoft Dynamic GP, which allow Senders to automatically add eChecks transaction information into their accounting software. Use of any such plugin shall be subject to any additional terms presented to you at the time you request to download such plugin.
You may download certain transactional data for use with other software tools and products created by parties that we do not own or control (“Other Software”), including personal financial management software. If you install or use Other Software, you are responsible for obtaining any necessary license agreement with the provider of the Other Software. You agree and understand that any information you enter into the Other Software may be accessed by unauthorized third parties as a result of your use of the Other Software. If you sue the Other Software to transmit information, you and the Other Software provider are responsible for the security and confidentiality of that information.
Changes to the Services, Accounts, and Pricing
Deluxe 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, Deluxe 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
Deluxe makes no representations or warranties with respect to uptime or availability of the Services. Deluxe 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 Deluxe, 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 Deluxe 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 Deluxe 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, Deluxe 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.
Deluxe’s liability and your exclusive remedy related to non-performance of any Service shall be: (i) for Deluxe to re-perform, repair, or replace the Service, or (ii) where reperformance, repair, or replacement is not practicable, the total liability of Deluxe 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 eChecks 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 eDeposits 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 Deluxe’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 Minnesota, 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 Ramsey County, Minnesota, and you consent to personal jurisdiction in those courts.
Waiver
Deluxe 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
Deluxe 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.
Suspension of Service
We reserve the right to refuse to process any transaction you initiate, and we may suspend your access to any of the Services at any time and for any reason and without notice. Reasons we may suspend or terminate your use of the Services include if you close your account, suspicious account activity, or suspected abuse of terms outlined in these Terms.
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 Deluxe 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 Deluxe regarding the Services and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof.
