You understand that by selecting the Executive People Pay service through Executive National Bank’s Online Banking and accepting these terms and conditions, you authorize Executive National Bank to post transactions generated by Executive People Pay through your Executive National Bank account (designated account) to another account at a U.S. financial institution or PayPal for payment to another individual. You understand and agree the Executive National Bank uses a variety of banking channels and facilitates making payments, but will most commonly use an Automated Clearing House (ACH) Network or a Debit Card Network for Executive People Pay transactions. All payments to another person made through Executive People Pay are subject to all terms and conditions within this Agreement and all other agreements connected to your accounts and your use of Electronic Banking Services.
In addition you understand that you may receive funds through the People Pay service from a payment generated by another individual. You hereby acknowledge that the receipt of money from another person is subject to the terms and conditions of other account agreements between you and Executive National Bank.
You understand and agree that when you initiate a payment from your Executive Bank accounts utilizing Executive People Pay, the processing of the payment will begin and the debit to your account may occur immediately. Receipt of the funds by the recipient will be dependent on the acceptance of the payment by the recipient and whether information requested from the recipient has been provided.
You understand and agree that Executive National Bank is relying on the information you provide when originating the payment on your behalf. Any errors, including incorrect or inconsistent recipient names, email addresses, mobile phone numbers, or account numbers are your responsibility. You understand and agree that Executive National Bank has no responsibility to investigate discrepancies between names, email addresses, mobile phone numbers and/or account numbers, and dollar amounts.
Processing Times: Depending on the type of payment method selected (see “Method of Payment”), payments conducted through Executive People Pay may be completed in real time (i.e. instantaneously) or there may be a delay in debiting or crediting of a particular account. You understand and acknowledge that funds sent to an e-mail address or mobile phone number may be delayed pending the recipient’s claiming the funds you have sent.
Executive People Pay Limitations: Executive National Bank, in its sole discretion, reserves the right to determine appropriate Executive People Pay transaction limits for customers. Executive National Bank reserves the right to stop, block, or prevent a transaction that exceeds established limits and/or is in excess of collected funds in the account from which the funds are being sent, violates state or Federal law, is a prohibited payment, or that Executive Bank in its sole judgement deems suspicious. Customers who enroll in Executive People Pay will have a default transaction limit of $250.00 with a Total transaction limit of $250.00 per day. This applies to the following payment methods:
Bank may at its sole discretion and/ or upon request by a customer enrolled in Executive People Pay increase transaction limits.
Accessing Executive People Pay: You may access Executive People Pay once you have enrolled and been accepted to utilize the service which is determined at the sole discretion of Executive National Bank. You may access the system through your Consumer E-Banking (CeB) online banking access and if you utilize the Executive National Bank consumer mobile banking application you may access Executive People Pay through the mobile banking application. You may originate payments 24 hours per day, seven days a week; however, processing of entered payments is subject to standard processing timeframes. Please note that from time to time the Executive People Pay system may be unavailable due to scheduled maintenance or other issues which may impact system availability. You should receive a notification should the system be unavailable to accept the payment origination.
Scheduling Payments: Payments sent to an email address or mobile phone number require that the recipient claim the funds within 10 calendar days The recipient is directed to the Executive People Pay site in order to claim their funds and choose how to receive the funds. They can either have the payment sent to their PayPal account or to their bank account via ACH credit or utilizing a debit card linked to the account they wish to credit with the funds.
Payments sent to a PayPal account require that the recipient login to their PayPal account to claim the funds.
Payments sent to a bank account require knowledge of the recipient’s bank routing number and account number.
Payments being deposited via a Debit Card require that the 16 digit account number and other card data be entered to determine validity of the card and to process the funds to the linked account.
Prohibited Payments: The following types of payments are prohibited through Executive People Pay, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
Acceptable Use: You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of Executive People Pay, regardless of the purpose of the use, and for all communications you send through Executive People Pay. In addition, you agree not to use Executive People Pay for communication or activities that (a) Violate any law, statute ordinance or regulation; (b) promote hate, violence, racial intolerance, or financial exploitation of a crime; (c) defame, abuse, harass or threaten others, (d) impose an unreasonable or disproportionately large load on Executive National Bank or our Service provider’s infrastructures; (e) facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept of expropriate any system, data, or information. (f) constitute use of any robot, spider, or other automatic device, or manual process to monitor or copy Executive People Pay or the portion of the Site through which Executive People Pay is offered, (i) constitute use of any device, software or routine to bypass technology protecting the Site or Executive People Pay, or interfere or attempt to interfere, with the Site or Executive People Pay; or (j) may cause us or our Service Providers to lose any of the services from our Internet service providers, payment processors or other vendors. You agree that should you become aware of any violations of this section of this Agreement you will notify us immediately as described in the “Contacting Executive National Bank” section of this agreement.
Cancellation of Payments: A payment request that has been initiated through PayPal or “Recipient Chooses” (where the person receiving the payment determines where payment is to be credited) may not be cancelled unless the recipient has not yet claimed the payment and the payment has expired (30 days from initiation); however, you are advised that there is no guarantee that a payment meeting the criteria above can be cancelled. A payment requested that has been initiated using Send to Bank Account may not be cancelled. Inquiries on cancellations must be directed to Executive National Bank as described in the “Contacting Executive National Bank” section of this agreement.
Expired Payments: Payments conducted through PayPal will expire after 30 days from initiation of payment, they happen in real time and will either succeed or fail immediately. If the recipient does not wish to open a PayPal account, you will have to allow the PayPal payment to expire (after 30 days) before the debited account amount is returned to your account. Payments conducted through recipient chooses will expire in 10 calendar days if not claimed by the recipient.
Rejection of Payments: Payments to another person may not completed for various reasons, in our sole discretion. For example if information provided for the recipient is inaccurate or if identity verification is not completed, the payment may be placed on hold or the amount of the payment may be returned to your account. Similarly, if you have insufficient funds in your accounts or the payment is otherwise prohibited by law or terms of this Agreement. You may verify the status of your payment by accessing the Executive People Pay system and reviewing the status of payments you have originated, this will advise you of completed, pending, and/or rejected payments.
Insufficient Funds: You will reimburse Executive National Bank immediately upon demand for any transaction amount delivered for which your account does not contain sufficient funds. If you fail to reimburse Executive National Bank within 2 business days, you authorize and grant Executive National Bank the right of setoff to any account owned either individually or jointly by you. In addition, you will reimburse us for any costs or fees associated we incur in attempting to collect any amounts from you and we are authorized to report the return of a transaction to any credit reporting agency.
FEES: By using Executive People Pay, you authorize us to deduct fees associated with a transaction from your designated account even if they create an overdraft. If fees apply to an Executive People Pay transaction you will be advised when you originate the payment. Any fee assessed will be assessed once you send the payment.
Third party Fees: You understand and acknowledge that your use of third-party services (for example PayPal) may result in a payment fee being applied by the third-party vendor to any transferred funds. Such fees are governed by any agreements and disclosures provided by the applicable third party vendor. Executive National Bank is not liable or responsible for any such transaction fee.
Proprietary Rights: You acknowledge and agree that Executive National Bank and parties with whom it has contracted own all rights in and to the Executive People Pay service. As such, you understand that you are only allowed to use Executive People Pay in the manner designated in this Agreement.
Termination: Access to Executive People Pay service may be suspended or terminated at the discretion of Executive National Bank at any time. If your Consumer Electronic Banking (CeB) access is not utilized for a period of six months then your access to CeB/Mobile Banking and Executive People Pay will be restricted and require reactivation. Cancelation of the Executive People Pay service is not required as it is a service provided through Executive National Bank CeB online banking. However, should you cancel your online banking through Executive National Bank, you will also disconnect any ability to continue making payments through the Executive People Pay service.
Rules and Regulations: Executive People Pay is governed in addition to this Agreement by all rules and regulations associated with your checking account, the Online Banking and Bill Payment Agreements and the Electronic Funds Transfer Act (Regulation E). In certain situations, Executive National Bank may request that you provide additional information about transactions you originate(d) using Executive People Pay in order for Executive National Bank to comply with the USA Patriot Act and/or the Bank Secrecy Act. You agree to cooperate fully with any request for additional information made by Executive National Bank. You understand that your failure to fully cooperate may result in the discontinuance of your use of Executive People Pay and the closure of your account(s). For further information or a copy of previously provided disclosures please contact us as outlined in the “Contacting Executive National Bank” section of this agreement.
In case of errors or questions regarding your Executive People Pay transaction: Please contact us as outlined in the “Contacting Executive National Bank” section of this Agreement. If you believe that your statement is incorrect or you need more information about a transaction listed on your statement, Executive National Bank must hear from you no later than 60 days after you received the FIRST statement on which the problem or error appeared. Please provide us with:
If you notify us verbally, we may require that you send your complaint in writing within 10 business days.
Contacting Executive National Bank: You may contact us by visiting any branch location as listed on www.ExecutiveBank.com, by telephone at 305.274.8382 during normal business hours, once you log into Electronic Banking you may e-mail us securely through the Contact Us function. You may also e-mail us directly at firstname.lastname@example.org ; however, if you e-mail us directly please do not include any account or personally identifying information as this is an unsecured method of e-mail.
Your privacy is very important to us. We would like to advise you that Internet email is not secure. Please do not submit any information that you consider confidential. We recommend you do not include your social security or account number or other specific identifying information.
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