ACCEPTANCE OF TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("Customer," "Account Holder," "you," "your") and AUDpay Financial Services, Inc., along with its subsidiaries and affiliates (collectively, "AUDpay," "Bank," "we," "us," "our").

BY OPENING AN ACCOUNT, ACCESSING OUR SERVICES, OR USING ANY AUDPAY BANKING PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

If you do not agree to these Terms, you must not use our Services and should close any existing accounts immediately.

1. Definitions and Interpretation

For the purposes of this Agreement, the following terms shall have the meanings specified:

  • "Account" means any deposit account, credit account, loan account, or investment account maintained with AUDpay
  • "Account Holder" means the person or entity in whose name an Account is opened and maintained
  • "Authorized User" means any person authorized by the Account Holder to access or use the Account
  • "Banking Day" means any day on which AUDpay is open for substantially all of its banking business
  • "Business Day" means Monday through Friday, excluding federal holidays
  • "Card" means any debit card, credit card, ATM card, or prepaid card issued by AUDpay
  • "Digital Services" means online banking, mobile banking, and any electronic banking services
  • "Electronic Fund Transfer" means any transfer of funds initiated through electronic means
  • "Services" means all banking, financial, and related services provided by AUDpay
  • "Transaction" means any deposit, withdrawal, transfer, payment, or other banking activity

2. Account Opening and Eligibility

2.1 Eligibility Requirements

To open an account with AUDpay, you must:

  • Be at least 18 years of age (or the age of majority in your jurisdiction)
  • Provide valid government-issued identification
  • Provide a valid Social Security Number or Individual Taxpayer Identification Number
  • Provide accurate and complete personal information
  • Meet all applicable regulatory requirements
  • Pass our identity verification and risk assessment procedures

2.2 Account Opening Process

Customer Identification Program (CIP)

As required by federal law, we will verify your identity before opening your account. We may ask for documentation to confirm your identity, including but not limited to:

  • Driver's license or state-issued ID
  • Passport or other government-issued photo identification
  • Proof of address (utility bill, lease agreement, etc.)
  • Additional documentation as deemed necessary

2.3 Account Approval

AUDpay reserves the right to:

  • Approve or deny any account application at our sole discretion
  • Require additional documentation or information
  • Limit account types or services available to you
  • Set initial deposit requirements and account limits
  • Monitor accounts for compliance with applicable laws

3. Account Access and Security

3.1 Access Credentials

You are responsible for maintaining the confidentiality of your:

  • Account numbers and routing numbers
  • Online banking username and password
  • Mobile banking PIN and biometric authentication
  • Debit card PIN and security codes
  • Security questions and answers
  • Any other access credentials or authentication methods

Security Obligations

You must:

  • Keep all access credentials confidential and secure
  • Never share your login information with others
  • Use unique, strong passwords for your accounts
  • Log out of digital services when finished
  • Notify us immediately of any suspected unauthorized access
  • Update your contact information promptly

3.2 Multi-Factor Authentication

We may require multi-factor authentication for enhanced security, including:

  • SMS text message verification codes
  • Email verification links
  • Mobile app push notifications
  • Biometric authentication (fingerprint, facial recognition)
  • Hardware security tokens

4. Banking Services

4.1 Deposit Accounts

4.1.1 Checking Accounts

  • Standard checking accounts with check-writing privileges
  • Interest-bearing checking accounts
  • Student and youth checking accounts
  • Business checking accounts
  • Premium checking accounts with enhanced features

4.1.2 Savings Accounts

  • Regular savings accounts
  • High-yield savings accounts
  • Money market accounts
  • Certificates of Deposit (CDs)
  • Individual Retirement Accounts (IRAs)

4.2 Digital Banking Services

  • Online banking platform
  • Mobile banking applications
  • Account management and monitoring tools
  • Bill pay and money transfer services
  • Mobile check deposit
  • Account alerts and notifications
  • Financial planning and budgeting tools

4.3 Payment Services

  • ACH transfers and wire transfers
  • Person-to-person (P2P) payments
  • Business payment processing
  • International money transfers
  • Recurring payment automation
  • Merchant services and point-of-sale systems

5. Fees and Charges

5.1 Fee Schedule

The following table outlines standard fees for AUDpay services. Additional fees may apply and are detailed in specific product agreements.

Service Fee Frequency
Monthly Maintenance Fee (Checking) $12.00 Monthly
Monthly Maintenance Fee (Savings) $5.00 Monthly
Overdraft Fee $35.00 Per occurrence
Returned Item Fee $35.00 Per item
Wire Transfer (Domestic) $25.00 Per transfer
Wire Transfer (International) $45.00 Per transfer
ATM Fee (Out-of-Network) $3.00 Per transaction
Stop Payment Fee $30.00 Per request
Account Research Fee $25.00 Per hour
Paper Statement Fee $5.00 Monthly

5.2 Fee Waivers and Reductions

Fees may be waived or reduced based on:

  • Minimum balance requirements
  • Direct deposit arrangements
  • Account relationship combinations
  • Student or senior status
  • Premium account membership

5.3 Fee Changes

We reserve the right to modify fees with appropriate notice as required by applicable law, typically 30 days in advance for existing customers.

6. Deposits

6.1 Deposit Methods

  • Cash deposits at branch locations and ATMs
  • Check deposits (in-person, ATM, mobile)
  • Electronic direct deposits (payroll, government benefits)
  • Wire transfers (domestic and international)
  • ACH transfers from other financial institutions
  • Money orders and cashier's checks

6.2 Funds Availability

Standard Availability Schedule

  • Cash deposits: Available immediately
  • Electronic deposits: Available on business day of deposit
  • Local checks: Next business day
  • Non-local checks: Second business day
  • Large deposits (over $5,000): May be subject to hold
  • New accounts: Extended holds may apply for first 30 days

6.3 Deposit Holds

We may place holds on deposits when:

  • We have reasonable doubt about collectibility
  • The account has been repeatedly overdrawn
  • The deposit amount exceeds $5,000 in a single day
  • The account is less than 30 days old
  • Required by law or regulation

7. Withdrawals and Transfers

7.1 Withdrawal Methods

  • Cash withdrawals at branch locations and ATMs
  • Check writing (for checking accounts)
  • Debit card transactions
  • Electronic transfers (ACH, wire transfers)
  • Online and mobile banking transfers
  • Telephone banking transactions

7.2 Daily Limits

Transaction Type Daily Limit Notes
ATM Withdrawals $500 Per 24-hour period
Debit Card Purchases $2,500 Per 24-hour period
Online Transfers $10,000 Per business day
Wire Transfers $25,000 Per business day
Mobile Transfers $5,000 Per business day

7.3 Overdraft Protection

We offer several overdraft protection options:

  • Overdraft Transfer: Automatic transfer from linked savings account
  • Overdraft Line of Credit: Pre-approved credit line (subject to approval)
  • Overdraft Coverage: We may pay overdrafts at our discretion
  • Decline Coverage: We decline transactions that would overdraw your account

8. Electronic Banking Services

8.1 Online Banking

Our online banking platform provides:

  • 24/7 account access and management
  • Real-time account balances and transaction history
  • Fund transfers between accounts
  • Bill payment services
  • Statement downloads and archiving
  • Account alerts and notifications
  • Customer service messaging

8.2 Mobile Banking

Our mobile app offers:

  • All online banking features
  • Mobile check deposit
  • ATM and branch locator
  • Biometric login options
  • Push notifications
  • Budgeting and spending analysis tools
  • Customer support chat

8.3 Electronic Statements

Electronic statements offer:

  • Monthly account statements delivered electronically
  • Environmentally friendly option
  • Secure access through online banking
  • 7-year online archive
  • No monthly paper statement fees
  • Faster delivery than mailed statements

9. Debit and Credit Cards

9.1 Debit Cards

Features and Benefits:

  • Access to nationwide ATM networks
  • Point-of-sale purchase capabilities
  • Contactless payment technology
  • Mobile wallet compatibility
  • Purchase rewards programs
  • Fraud monitoring and protection
  • Emergency card replacement services

9.2 Credit Cards

Available Products:

  • Standard credit cards with competitive rates
  • Rewards credit cards (cashback, travel, points)
  • Business credit cards
  • Secured credit cards for credit building
  • Premium cards with enhanced benefits

9.3 Card Security

Report Lost or Stolen Cards Immediately

Contact us immediately if your card is lost, stolen, or compromised:

  • 24/7 Emergency Line: 1-800-AUDPAY-1
  • Online Banking: Use card controls to freeze/unfreeze
  • Mobile App: Instant card lock/unlock feature
  • Your liability for unauthorized transactions is limited when you report promptly

10. Loans and Credit Services

10.1 Personal Loans

Available Loan Products:

  • Personal installment loans
  • Auto loans (new and used vehicles)
  • Home equity loans and lines of credit
  • Mortgage loans (purchase and refinance)
  • Student loans and education financing
  • Recreational vehicle and boat loans

10.2 Business Loans

  • Small business term loans
  • Business lines of credit
  • Equipment financing
  • Commercial real estate loans
  • SBA guaranteed loans
  • Working capital loans

10.3 Credit Requirements

Loan approval is subject to:

  • Credit history and credit score evaluation
  • Income and employment verification
  • Debt-to-income ratio analysis
  • Collateral evaluation (for secured loans)
  • Bank relationship history
  • Compliance with all applicable lending regulations

Equal Credit Opportunity

AUDpay is committed to fair lending practices and complies with the Equal Credit Opportunity Act. We do not discriminate based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance.

11. Liability and Risk Management

11.1 Your Responsibilities

As an account holder, you are responsible for:

  • Maintaining accurate and current account information
  • Monitoring your accounts regularly for unauthorized activity
  • Reporting errors, discrepancies, or suspicious activity promptly
  • Safeguarding your account access credentials
  • Ensuring sufficient funds for transactions
  • Complying with all applicable laws and regulations

11.2 Our Liability Limitations

AUDpay's liability is limited as follows:

  • We are not liable for consequential, indirect, or punitive damages
  • Our liability for errors is limited to correcting the error
  • We are not responsible for losses due to your negligence
  • System unavailability or technical issues may limit service access
  • We are not liable for third-party service interruptions

11.3 Error Resolution

Electronic Fund Transfer Error Resolution

If you believe there is an error in your electronic fund transfer:

  1. Contact us within 60 days of the statement date
  2. Provide your name, account number, and description of the error
  3. Include the dollar amount and date of the suspected error
  4. We will investigate and respond within 10 business days
  5. For new accounts, we may take up to 20 business days

12. Regulatory Compliance

12.1 Anti-Money Laundering (AML)

AUDpay maintains a comprehensive AML program including:

  • Customer identification and verification procedures
  • Ongoing monitoring of customer transactions
  • Suspicious Activity Report (SAR) filing when required
  • Currency Transaction Report (CTR) filing for cash transactions over $10,000
  • Sanctions screening and embargo compliance
  • Enhanced due diligence for high-risk customers

12.2 Bank Secrecy Act Compliance

We are required to:

  • Verify customer identity before account opening
  • Maintain records of customer information and transactions
  • Report certain transactions to government agencies
  • Cooperate with law enforcement investigations
  • Implement risk-based customer due diligence

12.3 Privacy and Data Protection

Your privacy rights are detailed in our Privacy Policy, which includes:

  • Information collection and use practices
  • Data sharing and disclosure procedures
  • Security measures and safeguards
  • Your rights regarding personal information
  • Opt-out procedures for marketing communications

13. Dispute Resolution

13.1 Internal Dispute Resolution

For account-related disputes:

  1. Contact Customer Service: Call 1-800-AUDPAY-1 or visit any branch
  2. Formal Written Complaint: Submit detailed complaint in writing
  3. Investigation Process: We will investigate and respond within 30 days
  4. Escalation: Unresolved issues can be escalated to management

13.2 External Dispute Resolution

If internal resolution is unsuccessful, you may contact:

  • FDIC: 1-877-ASK-FDIC or www.fdic.gov
  • OCC: 1-800-613-6743 or www.occ.gov
  • CFPB: 1-855-411-CFPB or www.consumerfinance.gov
  • State Banking Commissioner: Contact your state's banking regulatory authority

13.3 Arbitration Agreement

Binding Arbitration

By agreeing to these Terms, you agree that disputes between you and AUDpay will be resolved through binding arbitration rather than court litigation, except for:

  • Small claims court disputes under $25,000
  • Disputes involving debt collection
  • Injunctive relief requests
  • Disputes that cannot be arbitrated under applicable law

You waive your right to participate in class action lawsuits against AUDpay.

14. Account Termination

14.1 Voluntary Account Closure

You may close your account at any time by:

  • Visiting any AUDpay branch location
  • Calling customer service at 1-800-AUDPAY-1
  • Submitting a written closure request
  • Using our online account closure feature

Requirements for closure:

  • Account balance must be zero or positive
  • All outstanding items must be cleared
  • Outstanding fees must be paid
  • Return all cards and unused checks

14.2 Involuntary Account Closure

AUDpay may close your account with or without notice for:

  • Breach of these Terms of Service
  • Fraudulent or illegal activity
  • Repeated overdrafts or returned items
  • Account inactivity (typically after 12 months)
  • Failure to provide required documentation
  • Risk management or compliance concerns

14.3 Post-Closure Obligations

After account closure:

  • Outstanding obligations remain in effect
  • You must return all bank property
  • We may retain records as required by law
  • Dormant account funds may be escheated to the state
  • Privacy Policy continues to apply to retained information

15. Governing Law and Jurisdiction

15.1 Applicable Law

This Agreement is governed by:

  • Federal banking laws and regulations
  • Laws of the state where your account is maintained
  • Applicable state and local laws
  • Rules and regulations of applicable regulatory agencies

15.2 Jurisdiction and Venue

Any legal proceedings will be conducted in:

  • Federal or state courts in [Insert State/County]
  • Arbitration proceedings as specified in Section 13.3
  • Small claims court in your county of residence (for eligible claims)

15.3 Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Amendments and Modifications

16.1 Right to Modify

AUDpay reserves the right to modify these Terms at any time, subject to applicable law requirements.

16.2 Notice of Changes

We will provide notice of material changes through:

  • Written notice mailed to your address of record
  • Email notification (if you've opted in)
  • Notice posted on our website
  • Message in your account statement
  • Notice through digital banking platforms

16.3 Effective Date

Changes become effective:

  • 30 days after notice for most changes
  • Immediately for changes that benefit customers
  • As required by law or regulation
  • Upon your continued use of Services after notice period

Your Options When Terms Change

If you disagree with changes to these Terms, you may:

  • Close your account before the effective date
  • Contact us to discuss your concerns
  • Continue using Services (constitutes acceptance of changes)

17. Contact Information

Customer Service

Phone: 1-800-AUDPAY-1 (1-800-283-7291)
Hours: Monday-Friday 7:00 AM - 10:00 PM ET
Saturday-Sunday: 8:00 AM - 6:00 PM ET
Email: customerservice@audpay.com
Secure Message: Through online or mobile banking

Written Correspondence

AUDpay Financial Services, Inc.
Customer Service Department
[Insert Complete Address]
[Insert City, State, ZIP Code]

24/7 Emergency Services

Lost/Stolen Cards: 1-800-AUDPAY-1
Fraud Reporting: 1-800-AUDPAY-1
Account Lockout: 1-800-AUDPAY-1
Technical Support: Available through mobile app

17.2 Branch and ATM Locations

Find our locations using:

  • Website: www.audpay.com/locations
  • Mobile App: Built-in branch/ATM locator
  • Phone: 1-800-AUDPAY-1
  • ATM Network: Access to over 30,000 surcharge-free ATMs

17.3 Regulatory Information

Member FDIC | Equal Housing Lender

AUDpay Financial Services, Inc. is a member of the Federal Deposit Insurance Corporation (FDIC). Deposits are insured up to the maximum amount allowed by law. We are an Equal Housing Lender and comply with all fair lending regulations.

NMLS ID: [Insert NMLS Number]
Routing Number: [Insert Routing Number]
SWIFT Code: [Insert SWIFT Code] (for international wires)

18. Acknowledgment and Acceptance

Agreement Acknowledgment

By opening an account or using AUDpay services, you acknowledge that you have:

  • Read and understood these Terms of Service in their entirety
  • Had the opportunity to ask questions about any provisions
  • Agreed to be bound by all terms and conditions
  • Received a copy of this Agreement for your records
  • Understood your rights and obligations as an account holder

This Agreement, along with our Privacy Policy and applicable account agreements, constitutes the entire agreement between you and AUDpay Financial Services, Inc.

Effective Date: [Insert Date]

Version: 2.0

Last Updated: [Insert Date]