Quarter Systems' Services Agreement ("Agreement") is a contract between you and the Quarter Systems Corporation (“Quarter Systems” or the “Corporation”), which establishes terms and conditions for Quarter Systems' Services ("Services”).
In this Agreement, the following terms have the following meanings:
Your use of Quarter Systems' Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We may add to, change, or delete the terms of this Agreement by providing notice to you. We may also add to, change, or delete some functionalities or features of the Service at any time without notice. If you do not consent to a modification of this Agreement or the Service, you may terminate and discontinue your use of the Service at any time by notifying us. Your continued use of the Service will indicate your acceptance of the revised Agreement. Further, Quarter Systems reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service.
This Agreement and the parties' mutual rights, liabilities, and obligations shall be governed by the laws of the State of Nevada and, to the extent applicable, by provisions of the Federal Electronic Transfer Act, the Consumer Financial Protection Bureau's Regulation E, and other applicable federal laws and regulations.
To use Quarter Systems' Services, you must be a customer of Quarter Systems, acquire the computer hardware and software required to access the Quarter Systems' Services for which you are enrolled and/or qualify, have access to Quarter Systems' Service, and have an e-mail address. Once we have processed your enrollment for the Quarter Systems' Services you have applied to utilize and we have verified your account information, we will provide you access to Quarter Systems' services. Quarter Systems' Services can be used to access only the accounts that you have designated for access. You can add or delete your accounts from this Agreement by contacting Quarter Systems. Access to your accounts through Quarter Systems' Services will be based upon the identification of users and authority levels specified by you in the information you provide us at enrollment. We undertake no obligation to monitor transactions through Quarter Systems' Services to determine that they are made on behalf of the account holder, except as required by law.
You accept responsibility for the confidentiality and security of your PIN(s) and Password(s). Your Access ID and Password give you read-only access to your Spenz account. All account operations require at least a 2-factor authentication every time. We may establish rules regarding the required length and/or complexity of PIN(s) and/or Password(s) used to access the Quarter Systems' Services.
You understand the importance of your role in preventing misuse of your accounts through Quarter Systems' Services and you agree to promptly examine your account statements as soon as you receive them and notify us immediately if you believe another person has attempted to access your account through Quarter Systems' Services without your permission. You agree to protect the confidentiality of your account(s) and account number(s), and your personal identifying information, including your Access ID(s), Password(s), and/or PIN(s).
Unless specifically disclosed in your enrollment or application for an individual Quarter Systems' Service, there are no fees for accessing your account(s) through Quarter Systems' Services. Other fees may apply to particular account services as described in the applicable documents. These fees are outlined in the Fee Schedule that you received when you opened your account(s). You are responsible for any telephone, Internet, mobile, or text service fees you incur in connection with your use of Quarter Systems' Services.
We reserve the right to refuse Quarter Systems' Services to any customer who does not meet the criteria established by us and/or any third party we contract with to provide Quarter Systems' Services.
Transfers initiated through Quarter Systems' Services before 7:30 p.m. (CST) on a business day (defined as Monday through Friday, holidays not included) are posted to your account the same day. Transfers completed after 7:30 p.m. (CST) on a business day, Saturday, Sunday or banking holiday, may be posted on the next business day.
c.) You may use the Service to transfer to individuals under certain conditions.
d.) You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion.
e.) Electronic fund transfers initiated through Quarter Systems' Services which would result in an overdraft of your account can be canceled or refused, at our sole discretion.
g.) We may limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice at our discretion.
h.) You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
The Spenz application allows you to access your Quarter Systems account information, make payments to payees, transfer funds and conduct other transactions. We endeavor to provide you with the highest quality Service available. By using the Quarter Systems application, you agree to all the terms and conditions contained in this Agreement. We may offer additional Services and features in the future. Any such added Services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Services we offer without notice, except as may be required by law.
a.) The availability, timeliness and proper functioning of Quarter Systems' Service depends on many factors, including your wireless device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software and your wireless device. Neither we nor any of our service providers warrants that the Services or the Software App will meet your requirements, operate without interruption or be error-free, and neither we nor our service providers shall be liable for any loss or damage caused by any unavailability or improper functioning of Quarter Systems' Service or application, or for any actions taken in reliance thereon, for any reason, including service interruptions, inaccuracies, delays, loss of date or loss of personalized settings. In order to properly use Quarter Systems' Service, you should review and follow the User Guides provided on our website. You agree to accept responsibility for learning how to use Quarter Systems' Service in accordance with the User Guides and agree that you will contact us directly if you have any problems with the Service. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use the Service as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by your failure to properly use Quarter Systems' Service, application or your device.
b.) You agree that when you use Quarter Systems' Service, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider, and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Quarter Systems' Service (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Quarter Systems' Service), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any related network, wireless device or mobile network which you utilize to access Quarter Systems' Service.
c.) The Services and Software are provided "As Is" without warranty of any kind, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose or non-infringement or any other warranty as to performance, accuracy or completeness.
d.) Any deposit account or other banking product accessed through Quarter Systems' Service is also subject to the agreements and disclosures provided at the time of your account opening, and any other agreements you have with us.
e.) You represent that you are the legal owner of the account(s) and other financial information which may be accessed via Quarter Systems' Service and application. You represent and agree that all information you provide to use in connection with Quarter Systems' Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Quarter Systems' Service. You agree not to misrepresent your identity or your account information. You agree to keep your personal information (email address, etc.) up to date and accurate. You represent that you are an authorized user of the wireless device you will use to access Quarter Systems' Service, and that you are authorized to download and install the Software App on your wireless device.
You represent and agree to the following by using Quarter Systems' Services:
a.) Account Ownership/Accurate Information. You represent that you are the legal owner of the account(s) and other financial information which may be accessed via Quarter Systems' Services. You represent and agree that all information you provide to us in connection with Quarter Systems' Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Quarter Systems' Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the device you will use to access Quarter Systems' Services.
b.) User Security. You agree to take every precaution to ensure the safety, security and integrity of your account(s) and transactions when using Quarter Systems' Services. You agree not to leave your device unattended while logged into Quarter Systems' Services and to log off immediately at the completion of each access. You agree not to provide your Access ID, Password or other access information to any unauthorized person. If you permit other persons to use your device, login information, or other means to access Quarter Systems' Services, you are responsible for any transactions they authorize, and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your account. We make no representation that any content or use of Quarter Systems' Services is available for use in locations outside of the United States. Accessing Quarter Systems' Services from locations outside of the United States is at your own risk.
c.) User Conduct. You agree not to use Quarter Systems' Service, or the content or information delivered through Quarter Systems' Services, in any way that would:
d.) No Commercial Use or Resell. You agree that Quarter Systems' Service is only for the personal use of individuals authorized to access your account information. You agree not to make any commercial use of Quarter Systems' Services or resell, lease, rent or distribute access to Quarter Systems' Services.
You may cancel your use of Quarter Systems' Services at any time by notifying us electronically. Your access to Quarter Systems' Services will be suspended after our receipt of your instructions to cancel the service. We may terminate, suspend, or limit your access to any or all of the Quarter Systems' Services for any reason at our sole discretion.
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by Quarter Systems' Services or the use thereof or arising in any way out of the installation, operation, or maintenance of your computer equipment or from any inaccuracies, failures, or defects, whether based in contract, tort, or otherwise, even if we have been advised of the possibility of such damages, or any act or omission, or any event directly or indirectly resulting from such act or omission, of third parties (if any).
You agree to be solely liable for the use or misuse of Quarter Systems' Services and agree to indemnify, defend and hold harmless Quarter Systems and any third-party provider of software or services from any legal action or claim asserted against Quarter Systems and/or third-party providers by any other party relating to your use of Quarter Systems' Services and any claims, liabilities, damages, costs and expenses (including reasonable attorney fees) incurred by Quarter Systems and/or its third-party provider as a result of your use or misuse of Quarter Systems' Services.
You may not assign this Agreement to any other party. We may assign this Agreement to any future directly or indirectly affiliated company. Quarter Systems' Service may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third-party service providers.
We will not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. 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.
The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of the remainder of this Agreement or any of its provisions.
You will not be charged a monthly fee for the Bill Pay Service. Fees for other transactions or optional services (e.g., insufficient funds or Stop Payment requests) may apply as specified in our Rate & Fee Schedule. You are responsible for any telephone or internet access fees that are assessed by your utility or Quarter Systems' Service provider.
A "Payee" is a vendor, person, or entity to whom you wish a payment to be directed. You may add a new Payee by selecting the "Payee" tab and entering the Payee's information. A Payee may be any vendor, person, or entity within the United States (including territories and POs/AEOs), but we reserve the right to refuse to add a Payee for any reason. We are not responsible for any payments that cannot be made due to incomplete, inaccurate, or outdated Payee information.
You may schedule single payments or recurring payments to Payees you have added to the Bill Pay Service:
a.) Single Payments: A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment's processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time for Bill Pay is 3:00pm CST. A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business day (generally weekends and certain holidays) as the payment's processing date, the payment will be processed on the first business day following the designated processing date.
b.) Recurring Payments: When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date. If the calculated processing date is a non-business date (generally weekends and certain holidays), the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.
The daily use of the Bill Pay Service is limited to $9,999.99 in transactions per personal account.
The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your Payees.
A bill payment can be changed or canceled any time prior to the cut-off time on the scheduled processing date.
We may, at our discretion, pay a scheduled payment which exceeds the balance in your checking account.
We are not liable if the Bill Pay Service is unable to complete a payment for any of the following reasons:
a.) Your Account does not contain sufficient funds to complete the payment or transfer;
b.) The Bill Payment processing center is not working properly, and you know or have been advised by the Service about the malfunction before you execute the transaction;
c.) The Payee mishandles or delays a payment sent by the Service;
d.) You have not provided the Bill Pay Service with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment;
e.) You failed to promptly notify us after you learn that you have not received credit from a Payee for a bill payment; or
f.) Circumstances beyond the Bill Pay Service's control such as, but not limited to, fire, flood, or interference from an outside force, prevent the proper execution of the transaction. Please note that Quarter Systems takes reasonable precautions to avoid those circumstances.
The provisions about error resolution in the Electronic Funds Transfers Disclosures that were part of your Deposit Account Agreement apply in full to all payments you schedule through the Bill Pay Service.
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