These terms and conditions govern the use of all Deluxe eChecks (“eChecks”), Print+Mail (“Print”), and/or eDeposit (“eDeposit”) products and services (together “Service” and “Services”). Services are provided by Deluxe Small Business Sales, Inc. (“Deluxe”). 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). Deluxe eChecks Services are intended to send money to individuals and entities you trust. Do not use the Services to send money to anyone with whom you are not familiar or you do not trust.
How to Contact Us
If you have questions about our eChecks or eDeposit Services, please contact us at:
801 S Marquette Ave
Minneapolis, MN 55402
Contact us immediately at 877-333-6964 if you become aware of any incorrect or unauthorized eCheck, Print+Mail, or eDeposit transactions.
The following definitions apply in these Terms:
• The words “we”, “our”, “us”, and “Deluxe” 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.
• “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 an eChecks account owner or user.
• “Consumer” means a natural person, and does not include a corporation, limited liability company, or any other entity.
• “eCheck” means an electronic check payment initiated through the Deluxe eChecks service platform.
• “eCheck Sender Account” means an account established through Deluxe’s eChecks platform that enables users to send eChecks and/or Print+Mail Payments.
• “eDeposits” and “eDeposit” mean an eCheck that has been endorsed, assigned, and transferred to Deluxe’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 eChecks or Print+Mail.
• “Payment(s)” means any eCheck or Print+Mail payment initiated through the Services.
• “Payment Instructions” means the information provided by the Sender when initiating a Payment.
• “Print+Mail” describes the services wherein a User/Payor requests Deluxe to print and mail a physical paper check to a designated Payee.
• “Receiver” means anyone using the Services to receive a payment via eCheck.
• “Sender” or “Payor” means anyone using the Services to send Payments via eCheck or Print+Mail.
• “Service Provider(s)” means any processor or other third party engaged by Deluxe 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 eChecks 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.
Deluxe utilizes Service Provider Sontiq and its EZShield fraud protection service. These services are subject to the EZShield Fraud Protection Service Terms and Conditions (https://deluxesb.ezshield.com/LegalDocuments/TermsAndConditions/tabid/434/Default.aspx)
Unless otherwise specified, these Terms apply whether you are using the Service as a Sender, Payor, Payee, or Receiver.
Providing Personal Information
Your creation of an eChecks account may not be completed if we cannot verify your identity. You agree to provide current and complete information about yourself and you agree not to misrepresent your identity, including your name, address, phone numbers, and email addresses. Changes and updates to this information may be made online or by calling us at the number listed above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate account or contact information.
Cellular Phone Contact Policy
By providing us a telephone number for a mobile device, including a number you later convert to a mobile device number, you are expressly consenting to receiving communication—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—form us and our Service Providers and agents at that number. This express consent applies to each telephone number you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access or usage fees from your mobile services provider.
In the event your mobile device is lost or stolen, you agree to update your information and make the appropriate changes to disable the use of your device. You understand that there are risks associated with using a mobile device and that in the event of theft or less, your confidential information could be compromised.
Privacy & Confidentiality
Monitoring and Recording Communications
You understand and agree that we may monitor and/or record any communications between you and Deluxe, or our Service Providers, for quality control and other permitted business purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.
Fees and Charges
There may be additional fees and charges for select Services; these fees are described within the user interface online or within the mobile application and on our website. Fees and charges may be changed in our sole discretion and you will receive notice of these changes in accordance with applicable law. You agree to pay all such fees and charges associated with Services and authorize us to deduct the calculated amount from your Checking Account (via an eCheck) or from the amount deposited through the eDeposit service.
You are responsible for any and all other fees and charges that may be assessed by your telephone company, wireless carrier, internet service provider, or any other third-party provider you may engage.
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.
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 the Services.
Mobile Application Use & License
You may access the Services on a mobile device through our applications available on Android or iOS. We reserve the right to modify the scope of the Services available on our mobile applications at any time. You agree that some Services may not be accessible or may have limited utility when accessed from a mobile application.
Subject to your compliance with these Terms, you are hereby granted a personal limited license (“License”) to download, install, and use our mobile application(s)(“App(s)”) on your mobile device.
This license shall be deemed revoked immediately upon:
• The termination of your enrollment in the Services in accordance with these Terms;
• Your deletion of the respective Apps from your mobile device;
• Your noncompliance with these Terms; or
• Written notice to you at any time, with or without cause.
This license does not amend or supersede any agreements you may have with your mobile carrier or service provider. You understand that those agreements may provide for fees, limitations, and other restrictions which may impact your use of Apps, and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that your mobile service provider is responsible for its products and services and it is responsible for the operation, security, functionality, or availability of any mobile network which you utilize to access the Apps.
The Apps are offered as a convenient and supplemental means of accessing the Services. Our Apps may be used only by those individuals and entities who have enrolled for our Services. Any Services, when accessed through our Apps, are subject to the same terms and limitations described in these Terms.
We specifically do not warrant that our Apps will always be available. During times when our Apps are not available, you may use the Services by visiting our website or calling us at the telephone number listed above. We do not guarantee functionality of our Apps on any mobile devices, communication networks, or geographic regions. We may elect to modify, expand, or discontinue the Apps at any time without notice to you except as required by law. Our Apps are not intended for use outside the United States and doing so is at your own risk. We reserve the right to refuse any transaction you request through the Apps.
You hereby agree, at your sole cost and expense, to use a mobile device that meets all technical requirements for the proper delivery of our App Services and that fulfills your obligation to obtain and maintain secure access to the Services. We are not responsible for, and you hereby release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using your mobile device, electronic mail, or the internet generally. We are not responsible for, and you hereby release us from, any and all claims or damages resulting from, or related to, defects in or malfunctions of your mobile device, or failures of or interruptions in any electrical, wireless carrier, or internet services.
You must install any and all software updates to continue to use Services through the Apps. You may not:
• Republish, redistribute, re-transmit, reverse engineer, or decompile the Apps;
• Copy or store the Apps other than for your use in accordance with these Terms; or
• Attempt to circumvent security or interfere with proper working of the Apps or any servers with which it communicates.
All intellectual property rights, including all patents, trade secrets, trademarks, and moral rights in the Apps (including text, graphics, software, photographs, and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. We reserve all rights not expressly granted to you.
Protecting Your Login Credentials
As an eChecks customer engaging the Services, you have created an account and chosen login credentials that allow you to access the Services. You are responsible for keeping your login credentials confidential and you are responsible for ensuring that you have logged out when your online session is complete to prevent unauthorized users from using the Services.
If you give another person or entity access to your account(s) by providing your login credentials to a third party, or by allowing a third party to access the Services using your login credentials, you agree that each such person or entity will be acting as your “Agent” and will be bound by these Terms. We are not responsible for managing your third-party relationships and any arrangements between you and an Agent are strictly between you and the other party. We are not liable to you if your Agent exceeds the scope of authority granted, and any transaction performed by your Agent using your login credentials, even if not specifically intended by you, is considered a transaction authorized by you. Should you decide to revoke any access you have given to Agent, you must contact us at a number at the end of these Terms in which case we may need to block online and mobile access to your account until new login credentials are established.
Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been made from your account, you must immediately contact us at 877-333-6964. Contacting us right away is your responsibility.
Using the Service does not give you ownership of any intellectual property rights in the Services. You may not use content from the Services unless you obtain written permission from its owner or are otherwise permitted by law. These Terms do not grant you the rights to use in any way any of our trademarks, trade dress, branding, images, graphics, copyrights, or logos used in the Services. Do not remove, obscure, or alter any legal notices displayed in or along with the Services.
All marks and logos related to Deluxe Corporation, Deluxe eChecks, Deluxe eDeposit, and Deluxe Instant Funds powered by Hyperwallet, and the Services, are trademarks of Deluxe or our licensors. In addition, all page headers, custom graphics, and scripts are Deluxe service marks, trademarks, and/or trade dress, and some information on this site may be protected by copyright. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion.
All right, title, and interest in and to the Service, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Services shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now know or later developed, and you warrant that all “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
Types of Payments
As a User, you have the right to select the method to remit funds on your behalf to your Payee. These payment methods may include an electronic check payment (eCheck) or a paper check issued on your behalf and mailed to your Payee (Print+Mail). Funds remitted to Payees via either method are not deducted from your account until they are presented to a financial institution for payment.
Note that if you do not select a payment method, the system will default to a one-time eCheck payment.
On Demand One-Time Payment
You may establish a one-time payment to any Payee located in the United States at any time. One-time payments may be initiated via eCheck or Print+Mail. On Demand payments are initiated and processed immediately.
Pre-Authorized, Scheduled One-Time Payment
You may establish a pre-authorized one-time payment for any Payee located in the United States. One-time payments may be initiated via eCheck or Print+Mail. When establishing a scheduled one-time payment, you must determine the Payment amount and date of the Payment.
When you enter payment instructions into the Service platform, you authorize Deluxe to create a Payment on your behalf so that the payment arrives as close as reasonably possible to the scheduled date designated by you.
Payment instructions received on weekends or holidays will be considered received on the next Business Day. It is your responsibility to establish your Payments in such a way that your Payees are paid 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.
You are solely responsible for entering accurate information and payment instructions. We are not liable for the following:
• Any penalties, fees, or costs you incur due to your financial institution account lacking adequate funds, being administratively or otherwise closed, or if withdrawals from your accounts have been prohibited by a court order (including garnishment or other legal processes);
• If you have not properly followed the instructions on how to create a payment using the Services;
• If your computer fails or malfunctions or if our Services, website, or Apps were not working properly and this problem should have been apparent to you when you attempted to authorize the payments;
• If you have not given us complete, correct, and current instructions so that we may create a payment on your behalf;
• If you do not create and authorize a payment soon enough for your payment to be made to the Payee by the time it is due;
• If we initiate and mail (if applicable) a timely payment but the Payee does not credit your payment promptly after receipt;
• If circumstances beyond our control prevent us from initiating a payment. Such circumstances may include delays or losses of payments caused by telecommunications outages, postal strikes, mail carriers, actions of third parties (including Payees), equipment failures, and acts of God.
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.
Payment Remittance Information & Your Content
Your use of the Services allows you to enter remittance information and attach up to three pages of documents to each Print+Mail Payment (unlimited pages are allowed for eCheck Payments). You are responsible for all information you upload. Any and all text, photos, pictures, graphics, comments, documents, and other content, data, or information that you upload, store, submit, or make available to or via our Services (“Your Content”) is generated, owned, and controlled solely by you and not by Deluxe.
We do not claim ownership rights in Your Content and you hereby expressly acknowledge and agree that Your Content is your responsibility.
You must not upload, store, distribute, send, transmit, display, make available, continue to make available or otherwise communicate to anyone any content to which you do not hold the necessary rights.
You hereby represent and warrant to us as follows:
• Your Content does not and will not infringe or violate the rights of any third party;
• You Content is not and will not become unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation.
• Your Content does not and will not create any liability on the part of Deluxe. Deluxe reserves the right to remove Your Content, suspend, or terminate your access to the Services and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule, regulation, or these Terms.
Liability for Your Content
You hereby acknowledge and agree that Deluxe may store and transmit Your Content and other information at your direction, request, and with your authorization. By uploading remittance, information, documents, text, photos, comments, or any other data or content, you agree that:
• Deluxe acts merely as a passive conduit and/or host for the uploading, storage, and distribution of Your Content;
• Deluxe plays no active role and gives no assistance or advice on the use of Your Content;
• You are solely responsible for all of Your Content;
• To the extent permissible by law, Deluxe excludes all liability with respect to all content (including Your Content) and your activities as a User.
You hereby acknowledge and agree that Deluxe does not and will not review Your Content or any content uploaded by our Users. We do not have any obligation, and may, but do not assume any duty to, monitor the Service platform for content that is inappropriate, that does or may infringe on any third-party rights, or has otherwise been uploaded or submitted in breach of these Terms or applicable law.
Deluxe does not and will not protect Your Content beyond what is expressly described herein.
Deluxe hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any content (including Your Content) uploaded to the Service platform by Users, including any claims arising therefrom. By using the Services, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Deluxe.
You are prohibited from using the Services for activities that:
• Violate any law, statute, ordinance, regulation, or these Terms;
• Violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction;
• Facilitate any viruses, trojan horses, worms, or other computer programming routines or malicious software or code that could damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information;
• Use any robot, spider, other automatic device, or manual process to monitor or copy the Services;
• Constitute use of any device, software or routine to bypass technology protecting the Services; or interfere or attempt to interfere, with the Services;
• May cause us or our service providers to lose any of the services from our internet service providers, payment processors, or other vendors.
In no event shall Deluxe or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Services or these Terms. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Services, in our sole discretion.
You also acknowledge that the Services may be subject to U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable U.S. and foreign laws and any destination restrictions imposed by U.S. and foreign governments.
Fees Payable by eCheck Senders
Applicable fees for using the Services to send eChecks will be disclosed to you when you enroll in the Services as a Sender. Any applicable package fees will be charged to your account regardless of whether the Services are actually used, except for fees that are specifically use-based. Deluxe eChecks may charge for additional transactions and optional services available outside of packages. Any fees associated with Sender’s Checking Account(s) are outside of these Terms and will continue to apply. Sender is responsible for any and all fees that may be assessed by Sender’s telephone and/or internet service provider with using the Service.
Fees Payable by Receivers
Deluxe does not currently assess any fees to Receivers of eChecks who utilize the standard eCheck print option. However, if a Receiver elects to use an alternative funding option (made available by us) to receive payment on an eCheck, fees may apply. Such fees will be disclosed at the time such alternative funding option, if any, is presented to the Receiver. 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.
If using the eDeposit Service, Receivers may be subject to additional fees if an eDeposit is rejected due to the Receiver providing inaccurate account information.
Fees Payable by Print+Mail Users
Applicable fees for using the Services to send Print+Mail payments will be disclosed to you when you enroll in the Services. Any applicable package fees will be charged to your account regardless of whether the Services are actually used, except for fees that are specifically use-based. Deluxe eChecks may charge for additional transactions and optional services available outside of packages. Any fees associated with your Checking Account(s) are outside of these Terms and will continue to apply. You are responsible for any and all fees that may be assessed by your telephone and/or internet service provider with using the Service.
Terms Applicable to Senders
The following terms apply to Senders, including eCheck and Print+Mail users:
You may use the Services to send Payments as permitted by normal operation of the website or Apps, to be drawn against your eligible Checking Accounts. Payments must be drawn on U.S. financial institutions and must be payable in U.S. currency to Payees that are residents of the U.S. To send a Payment, you must provide the Payee’s name and contact information (email address for eChecks or postal mailing address for Print+Mail). You agree that you are responsible for complying with all applicable laws related to your use of the Services.
The Services may only be used by entities as Senders to send Payments to other entities or consumers. By using the Services to send Payments, you represent and warrant to us that the Services will be used solely for business purposes. The individual that enrolls in the Services on behalf of your business (“Administrator”) will have administrative authority to designate authorized users to access the Services on behalf of your entity (each an “Authorized User”). For each Authorized User, the Administrator may assign access privileges—transactional or inquiry only—for each Checking Account associated with the eCheck Sender Account established by the Administrator. If an Authorized User is provided transactional authority to initiate Payment transactions, we are authorized to act upon and are not liable for any such transaction instructions. The Administrator may add or delete Authorized Users or modify access privileges for Authorized Users at any time through the Administrator’s eCheck Sender Account.
Users need an eCheck Sender Account to create and send Payments using the Services. You will be asked to create an eCheck Sender Account as part of your enrollment for the Services as a Sender. An “eCheck Sender Account” is a notional account maintained for recordkeeping purposes only and cannot be used to store or maintain any funds. The eCheck Sender Account allows Senders to send eChecks, send Print+Mail payments, void eChecks, view and export eCheck and Print+Mail remittance information, and review the status and history of eChecks and Print+Mail Payments originating from that account.
When you initiate an eCheck as part of your use of the Services, you are also inherently granting all rights and licenses necessary for the Receiver (or their designated representative) to act as your Agent for purposes of continuing the processing of the initiated eCheck and for the Receiver (or their designated representative) to print a physical representation of the eCheck (i.e., a paper check) on your behalf.
When you initiate a Print+Mail Payment as part of your use of the Services, you are also inherently granting all rights and licenses necessary for Deluxe to print a physical representation of the check, including your signature, (i.e., a paper check) on your behalf and mail that check to the designated Payee.
The issuance of Payments you initiate is dependent upon several factors, including the accuracy of your Checking Account information and the accuracy of the Receiver or Payee information you enter. You must ensure that the payment details you enter for each Payment are correct and complete. Deluxe will not be responsible for any errors in the information you provide to us.
You understand and agree that each initiated Payment is screened for fraud and by using the Services, you hereby agree to this screening.
By using 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
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.
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 (“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.
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.
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.
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.
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.
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.
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.
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.
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.
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.