Popular Direct Online Banking Service Agreement

[Effective as of April 9, 2018]

This Popular Direct Online Banking Service Agreement (this "Service Agreement") governs the applicable online banking, internal and external transfer services relative to Popular Direct deposit accounts (each a "Service" and together, the "Services," "Popular Direct Online Banking" or "Popular Direct Online Banking Service(s)") offered by us and that we make available to you as described below. "You" and "your" mean the person enrolling in the Services and agreeing to the terms and conditions in this Service Agreement. Each of "Popular," "us," "we," "Bank" and "our" mean Popular Bank. Popular Bank is a New York State chartered commercial bank and is a Member of the FDIC.

This Service Agreement is provided in addition to other agreements, disclosures and/or terms and conditions you have received or may receive in the future for your applicable account or accounts that are enrolled in the Services (as the case may be, an "Account" or the "Accounts"), such as the Term and Conditions of Use for Popular Direct Online Banking, the Popular Direct Mobile Banking User Agreement, the Popular Direct Online Statement User Agreement and the Personal Banking Disclosure and Agreement for Popular Direct Products. When you use any of the Services, you agree to be bound by the terms and conditions set forth in this Service Agreement and other applicable agreements, disclosures and/or terms and conditions that govern your Accounts and your use of the Services that we offer relative to our Popular Direct deposit products. In this Service Agreement, the term "Business Days" means Monday through Friday, except federal holidays. "Website" refers to the applicable Popular websites and other web pages accessible through www.populardirect.com.

Popular expressly reserves the right to not authorize or settle any transaction you submit which we believe (i) is in violation of any applicable law, or any Popular disclosure(s), notice(s), terms and conditions, or agreement(s) to which you may be subject, or (ii) exposes you, other Popular customers, financial services providers, or Popular to harm or unnecessary risk, including but not limited to fraudulent, illicit, terrorist and other criminal acts. You grant us authorization to share information with law enforcement about you, your transactions, or any of your Account(s) if we reasonably suspect that your use of any products or services offered by Popular has been for an unauthorized, illegal, or criminal purpose.

Popular Direct Online Banking Services Offered:
Popular Direct Online Banking means each of the variety of products and services you may access or enroll in through the Website and other related services, including, without limitation, the Popular Direct Mobile Banking Service. Not all of the products and services available through the Popular Direct Online Banking Service may be available through the Popular Direct Mobile Banking Service.

Popular Direct Mobile Banking is a module of the Popular Direct Online Banking Service accessed via a web-enabled or text-enabled mobile device. These services may include, but are not limited to, browser and text banking.

Internal Transfers of Funds. You may use the Services to transfer funds between your Accounts ("Internal Transfers"), excluding certificates of deposit ("CDs"). Internal Transfers that are scheduled for a later date or set to be recurring (performed at a regular frequency) are processed at 3:00am ET on the Business Day the Internal Transfer request rules you set up indicate the transfer is to be sent. Immediate one-time Internal Transfers are processed at the time they are submitted, but please be aware immediate Internal Transfer requests may not be permitted during nightly processing from 12:00am – 4:00am ET each Business Day.

Balance Inquiries. You may use the Services to check your available balance and other Account information.

Account Services (Not available through Popular Direct Mobile Banking). You may use the Services to, as applicable, view Account statements (if you agree to the Popular Direct Online Statement User Agreement), and set up Account alerts. The Services mentioned in the previous sentence are not available through Popular Direct Mobile Banking.

External Transfers (Not available through Popular Direct Mobile Banking):
"External Transfers" permit you to electronically transfer money between your accounts held at another financial institution ("External Accounts") and Accounts you have with us. External Accounts may only be checking, transactional savings or money market accounts and must be located in the United States with a valid ABA routing number. You cannot change your External Account during the first 60 calendar days after opening your Account. Thereafter, you may change your External Account. However, each time you change your External Account, you may not change it for 60 calendar days.

To make an External Transfer you must provide us with information about your External Account, and you must have withdrawal rights for the External Account. After you have verified your External Account, you may make an "Immediate External Transfer" request, you may make a "Scheduled External Transfer" request for a later date, and you may set up a "Recurring External Transfer" (performed at a regular frequency) by creating transfer rules for your request. You authorize us to follow your transfer instructions and to make External Transfers through electronic means or any other means that we determine is appropriate.

• Processing Time. External Transfer requests received by 7:00pm ET on a Business Day will be processed on that Business Day. Requests received after 7:00pm ET on a Business Day will be processed the next Business Day. If you request a Scheduled External Transfer or a Recurring External Transfer, you may stop or edit the transfer request(s) up until 7:00pm ET on the Business Day the External Transfer is scheduled to be sent. If you provide us with oral notification to stop payment of a Scheduled External Transfer or Recurring External Transfer, you must provide us with written confirmation of the oral stop payment order within 14 days. If you do fail to do so, your oral stop payment order will cease to be effective after the 14-day period.
• Deduction and Posting of Funds. For outgoing Scheduled External Transfers and Recurring External Transfers, we will deduct the funds from your Account with us on the Business Day the transfer is to be made per your request and rules you set up and our processing schedule described in this section. For outgoing Immediate External Transfers, funds will be deducted at the time of the request even though the External Transfer may not be sent until the next Business Day. If for any reason the funds are not deducted on the day the External Transfer is sent, we reserve the right to deduct the funds at any future date after the External Transfer is sent, which will usually be the next Business Day. Once funds are transferred from your Account with us to your External Account, the availability of such funds will be at the sole discretion of the other financial institution. You may incur a fee for transferring funds from your Account with us to an External Account, which will be posted to your Account as a separate transaction. Should this fee cause your Account to be overdrawn (to the extent applicable), you are responsible for any applicable overdraft fees associated with the transaction.

When you transfer funds into your Account via the External Transfer Service during the first 90 days your Account is open, your funds may not be available until the fourth Business Day after we receive the funds. When you transfer funds into your Account via the External Transfer Service after 90 days your Account is open your funds may not be available until the third Business Day after we receive the funds.

• External Transfer Alerts. Certain External Transfer alerts are always sent to you, usually by email. You agree that all email alerts sent to you regarding the status of your External Transfer requests are simply a courtesy and will not constitute a transaction receipt or an official bank record of any kind. You acknowledge and agree that these alerts will be sent to the email address you designate within the Service, and even if you have informed us separately in the past (or choose to do so in the future) to not send you marketing messages these External Transfer courtesy alerts will still be sent.
• You may only make External Transfers between your Accounts and your verified External Accounts through the Service. You agree not to transfer funds to or from an Account with us and an External Account unless you have authority to do so. Below is a table summarizing the daily and monthly limits. Transactions that exceed these limits will be declined after the daily or monthly maximums are met. The maximum number of transactions and cumulative dollar monthly limits are consistent across all months, regardless of the number of business days in that month.

 

 

About Cookies:

Cookies are pieces of data assigned by a web server to your Internet browser. Cookies help websites to keep track of your preferences and to recognize return visitors. So, when you return to a website you've visited before, your browser gives this data back to the server. Contrary to reports about cookies, cookies do not contain viruses. We do not embed your social security number, account number(s) or password in our cookies.

Popular uses cookies to make your online experience with Popular and certain linked websites richer and more personalized based on the products and services you have with us. Also, without revealing your identity, cookies help us confirm your identity and help us keep your transactions with us secure when you do your banking online.

We also use cookies for various purposes such as maintaining continuity during an online session, gathering data about the use of our site or monitoring our online promotions; this information helps us inform you about additional products, services or promotions that may be of interest to you. These promotions may be offered to you via online ads, email, U.S. mail or telephone, subject to the privacy preferences you have on file with Popular.

We recommend that you complete your online transactions and sign off from Popular Direct Online Banking before surfing to other sites or turning off your PC. We also suggest that you do not surf to other sites during your Popular Direct Online Banking session.

You can set your browser to reject cookies. However, if you choose to reject cookies, you cannot bank online and utilize the Services with Popular (in other words, you cannot bank online and utilize the Services without cookies).

Privacy & Security:

The information you provide to us online is protected by Secure Socket Layer (SSL) technology. SSL is the leading security protocol for data transfer on the internet. This technology scrambles your account information as it moves between your browser and Popular's computer systems. When information is scrambled, or encrypted in this way, it becomes nearly impossible for anyone other than Popular to read it. This secure session helps protect the safety and confidentiality of your information when you bank with us online.

If you do not bank online with Popular, we do not collect, capture, or retain personally identifiable information when you are just browsing and testing these scenarios. By offering you this level of privacy, we believe you will be more likely to find the products and services that fulfill your banking needs and goals.

• To help protect our customers from security threats, we utilize the following approach, which you hereby agree to. You acknowledge that these procedures are a commercially reasonable method of providing security against unauthorized payment orders or other transactions and that these procedures are not for the detection of error.
  • Identification of customers when logging on to the Service will consist of multi-factor authentication that utilizes user names and passwords, plus either pictures and phrases and/or challenge questions. If you indicate a computer you are logging on to is safe and private, we will identify the IP address used for that log-on during future log-ons using that computer and IP. Once identified in future log-ons, this will be considered one step of the multi-factor authentication process and the pictures and phrases and/or challenge questions may not be asked. It is your sole responsibility to identify safe and private systems where you would like IP authentication to be used. This authentication is not to be used on public computers, but any breach to a system where you have requested IP identification be used, whether private or public, is still solely your responsibility and any transactions performed due to such a breach are also your sole responsibility. We reserve the right to modify the identification process from time to time to implement new measures that are recommended in the industry to combat new or increased threats.
  • To help enhance your security, you must follow these general safety guidelines:
    • Never leave your computer or other access device (e.g., mobile phone) unattended while logged on to any of the Services.
    • Memorize your Credentials. Do not keep them written down.
    • Change your Credentials regularly.
    • Choose Credentials that are not easy to guess. For your user name, you must use a minimum of 8 characters and a maximum of 10 characters with a combination of at least 2 numbers and 2 letters. For your password, you must use a minimum of 8 characters and a maximum of 20 characters with a combination of at least 1 number and 1 letter. Credentials cannot include spaces, cannot include a character that repeats more than 2 times in a row and cannot contain invalid characters such as: single quotation mark (‘), backslash (\), greater-than symbol (>), or less-than symbol (<). Credentials are case sensitive, so if you use capital letters when you create them you must use the capital letters each time you log in. Do not use names of family members, pets, common character sequences (i.e., 123abc), proper names, geographic locations, personal details such as a Social Security number or birthday, etc.
    • Never disclose your Credentials to any other person, including family and friends. Your Credentials are for your personal use and should be kept confidential by you. If someone identifies him/herself as our employee and asks for your Credentials, that person is an imposter. We will never request you disclose your online banking Credentials to us.
    • Do not save passwords on your computer or any other access device (e.g., mobile phone). Do not keep them written down.
    • Check your statements and review your banking transactions promptly, thoroughly and regularly. Report errors or problems immediately to us.
  • Should you receive a suspicious email or telephone request for information that purports to be from Popular Bank, Popular Inc. or any of its affiliates, you must immediately notify us by calling 1.800.274.5696.
  • You are responsible to install, update, maintain and properly use industry standard security products that are appropriate for you, such as the following:
    • Desktop firewall used to prevent unauthorized access to your network
    • Updated anti-virus protection used to prevent your computer or other access device from being victimized by the latest viruses and trojans.
    • Updated anti-spyware protection used to prevent spyware from providing potential tracking information about your web activities.
    • Operating system and desktop applications updated with the latest patches when they are available, particularly when and if they apply to a known exploitable vulnerability.
    • A product that indicates the website you are on, or an internet browser that indicates the site name. Check your statements and review your banking transactions promptly, thoroughly and regularly. Report errors or problems immediately to us.
  • LINKS TO NON-POPULAR SITES. We are not responsible for the information collection practices of the non-Popular links you click to from our web pages. We cannot guarantee how these third parties use cookies or whether they place on your computer cookies that may identify you personally. We urge you to review the privacy policies of each of the linked websites you visit - before you provide them with any personally identifiable information.
    • Authorized Use of Services by Other Persons: You are responsible for keeping your "Credentials" (user name, password or challenge questions) confidential. We are entitled to act on transaction and other instructions received using your Credentials, and you agree that the use of your Credentials will authenticate your identity and verify the instructions you have provided to us for the transaction(s). If you provide your Credentials to other persons for use in any manner or authorize others to obtain Credentials of their own on your Account(s), the authorization will be considered unlimited in amount and manner. WHEN YOU PROVIDE YOUR CREDENTIALS TO OTHERS OR AUTHORIZE OTHERS TO OBTAIN CREDENTIALS OF THEIR OWN ON YOUR ACCOUNT(S) (SUCH AS, AUTHORIZED SIGNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS OR ANY OTHER PERSONS) THEY WILL HAVE ACCESS TO ALL YOUR ACCOUNTS THAT ARE LINKED THROUGH THE SERVICE, WHETHER THE ACCOUNTS ARE HELD FOR BUSINESS OR PERSONAL PURPOSES. THIS ALSO MEANS THAT THEY MAY MAKE TRANSFERS BETWEEN YOUR ACCOUNTS, WHETHER HELD FOR BUSINESS OR PERSONAL PURPOSES AND THEIR OWN ACCOUNTS THAT CAN BE ACCESSED THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR ANY TRANSACTIONS MADE BY SUCH PERSONS ON YOUR ACCOUNTS UNTIL YOU CHANGE THE CREDENTIALS ON YOUR ACCOUNT, NOTIFY US OF THE CHANGE, AND WE HAVE A REASONABLE OPPORTUNITY TO ACT ON YOUR NOTIFICATION.
    • We will never contact you via email, telephone, or any other means requesting your Credentials. If you are ever contacted by anyone asking for your Credentials, you should refuse to give them and immediately contact us. You may be the target of attempted identity theft.
  • UNAUTHORIZED TRANSFERS.
    • Reporting Unauthorized Transfers: You should notify us immediately if you believe your Credentials have been lost or stolen or that someone has transferred or may transfer money from your Account without your permission or if you suspect any fraudulent activity on your Account. To notify us call 1.800.274.5696, contact us electronically by sending a message through the Bank's electronic message center made available in the Service, or write: Popular Bank, P.O. Box 4884, Miami Lakes, FL 33014, ATTN: Popular Direct Products. You should also call the number, contact us electronically, or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
    • Your Liability for Unauthorized Transfers: Tell us AT ONCE if you believe your Credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit, to the extent applicable). If you tell us within two (2) Business Days after you learn of the loss or theft of your Credentials, you can lose no more than $50 if someone used your Credentials without your permission.
      • If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Credentials, and we can prove that we could have stopped someone from using your Credentials without your permission if you had told us within two (2) Business Days, you could lose as much as $500.
      • Please note that you could lose additional funds if you do not report unauthorized activity appearing on your periodic statement, as provided in the following section.
      • If you identify any suspected unauthorized activity on your account statement, including those made by card, code or other means, you agree to notify Popular right away, and in no event later than 60 days after the applicable Popular account statement is sent. If you do not tell us within 60 days after the statement was sent to you, you may be liable for all unauthorized activity following such 60-day period and you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us within sixty (60) days. If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we may in our sole discretion extend the period.
      • With respect to unauthorized activity during such 60-day period, if the activity involved use of lost or stolen access Credentials, your liability for such activity will be determined by whether or not you have notified us of such activity and within two (2) Business Days. If the activity did not involve use of lost or stolen access Credentials, you shall have no liability for unauthorized activity during the 60-day period, but may be liable for all unauthorized activity following such 60-day period if you fail to report such activity to us.
    • Resolving Errors or Problems: In case of errors or questions about your electronic transfers, telephone us at 1.800.274.5696, contact us electronically by sending a message through the Bank's electronic message center made available in the Service, or write us at Popular Bank, P.O. Box 4884, Miami Lakes, FL 33014, ATTN: Popular Direct Products. Notify us as soon as you can, if you think your applicable statement is wrong, inaccurate or contains errors or if you need more information about a particular transaction or transfer listed on such statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
      • Tell us your name and Account number. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error. If you tell us orally we may require that you send us your complaint or question in writing within ten (10) Business Days after your oral notification.
      • We will determine whether an error occurred within ten (10) Business Days (20 Business Days if the transfer involved a new Account) after we hear from you and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days (90 days if the transfer involved a new Account to complete our investigation. If we decide to do this, we will provisionally credit your Account within ten (10) Business Days (20 Business Days if the transfer involved a new Account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Account. Your Account is considered new for the first 30 days after the first deposit is made, unless you or each of you for a joint account already has an established account with us before this Account is opened.
      • If we determined that there was no error, we will send you a written explanation within three (3) Business Days after completing our investigation. You may ask for copies of the documents that we used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
    • THE BANK'S LIABILITY AND LIABILITY LIMITATIONS FOR FAILURE TO COMPLETE A SERVICE REQUEST. We will not be liable relative to processing transactions on your Accounts, for instance, including, but not limited to, the following:
      • If, through no fault of ours, your applicable Account does not contain sufficient available funds to complete a transfer;
      • You have exceeded or will exceed your daily transaction limit relative to a particular Service, in which case we have the right to process your Service request(s) in any order that we determine in our sole discretion is appropriate;
      • You fail to transfer funds from an External Account to an Account with us sufficiently in advance of the date that you need to use or withdraw the funds (including consideration for weekends, bank holidays, and the unavailability of funds for use or withdrawal after being deposited into an Account with us, as applicable);
      • The Services, our equipment, the software, or communications link is not working properly or are not compatible and it is clear it is not working properly at the time you are attempting to make a Service request;
      • Your subscription to any Services has been terminated for any reason;
      • Circumstances beyond our control, such as interruption of telephone service or telecommunication facilities, or natural disaster, such as a fire or flood, prevent the receipt or fulfillment of your Service request, despite reasonable precautions that we have taken;
      • The transfer of your funds is restricted by legal process, holds, or any other transaction limiting Account status;
      • Delays in any mail service or email service;
      • Any other exceptions or reasons stated in this Service Agreement or related agreements including the Personal Banking Disclosure and Agreement for Popular Direct Products.

You agree that we shall not be liable for, and you agree to hold harmless and indemnify, and keep us indemnified, to the maximum extent permitted by applicable law, from and against any and all proceedings, suits, penalties, fines, liabilities, claims (including, without limitation, any claims of any third party), losses, damages or expenses (including legal costs) arising from or in connection with the use or misuse of the Services, including, but not limited to, as it relates to any applicable law or regulation of any jurisdiction, regional or international authority from where the applicable Service is accessed and/or the terms and conditions prescribed by the relevant internet service provider or information service provider in such country of access, any law or regulation of any jurisdiction, regional or international authority which governs any use or misuse of any component of the Services, any relevant internet service provider or information service provide or system, any loss or damage caused by any act or omission of any relevant internet service provider or information service provider or network provider occasioned by any access to the Services, any loss or damage caused by any modification, alteration, upgrade or termination of the Services, any access (or inability or delay in accessing) and/or use of any browser which we provide to allow access to the Services, any errors or omissions in the information and materials contained in our website(s) or in any mobile application(s) and/or any delay or failure in any transmission, dispatch or communication facilities.

• LIMITATIONS ON OUR LIABILITY CONTINUED. You agree that we are not responsible for the following matters, or for errors, unavailability or failures of our Services as a result of:
  • You agree that we will not be liable for any failure to provide access or for the unavailability or interruptions in access to the Service due to a system failure or other unforeseen acts or circumstances. You agree that we shall not be liable to you if you are unable to gain access to the Services. You understand and agree that while the Services are intended to be available 24 hours a day, some or all of the Services offered may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control. You understand and agree that any access to the Services will be effected through the relevant internet service provider or network provider in the country from where such Service is accessed, and to this extent such access will also be subject to and governed by the relevant laws and regulations of that country and any terms and conditions prescribed by such relevant internet service provider or network provider in separate agreements with you. You agree that you shall be solely responsible for all telephone charges, wireless charges, mobile charges and other charges imposed or assessed by any applicable internet service provider or mobile phone carrier or services provider incurred in connection with the use of the Services. You represent to the best of your knowledge that the terminal, device and/or any other computer or network system through which your access to the Services may be effected are free from any electronic, mechanical, data failure or corruption, computer viruses and bugs. You agree that neither we, nor any of our officers and employees, affiliate or subsidiary of Popular Bank is responsible for any electronic, mechanical, data failure or corruption, computer viruses and bugs or related problems that may be attributable to the services provided by any relevant internet service provider or information service provider.
  • Your Computer Equipment and Your Software. You agree that we will not be responsible for any errors or failures from any malfunction of your computer, device, terminal, network system or any computer virus or other problems related to any hardware or equipment used by you relative to the Services. We shall use reasonable efforts to ensure that the Service is secure and cannot be accessed by unauthorized third parties. However, you agree that we shall not be liable for any loss, injury or damage in connection with, and do not warrant the security, secrecy or confidentiality of, any information transmitted through any relevant Internet service provider, network system or such other equivalent system in any jurisdiction relative to the Services. You shall notify us immediately upon receipt of any data or information which is not intended for you and you shall delete such data or information from the customer terminal immediately. You agree that we are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any hardware, equipment or system you use, including your browser, your Internet service provider, your personal financial management or other software, or any equipment you may use (including, but not limited to, your telecommunications facilities, computer hardware or modem) to access or communicate with the Services.
• YOUR RESPONSIBILITIES.
  • Security Procedures. You hereby agree to strictly abide by this Service Agreement as it pertains to your responsibility for the security of your Accounts, and acknowledge that such security practices are an industry standard method of providing security against unauthorized transactions. You are responsible for keeping your applicable username, password and other access/Account information relative to the Services secret and confidential, and you agree that you shall not disclose such information to any unauthorized person and shall take all steps necessary to prevent discovery of such information by any unauthorized person. You shall inform us as soon as reasonably practicable if you know or suspect that someone else knows such information or that unauthorized transactions have taken place and, if you fail to do so, you may be liable for any unauthorized transactions made. You must promptly examine your applicable Account statements upon receipt and if you discover any discrepancies, omissions, inaccuracies or incorrect entries, you must immediately call us. You may be liable for all losses prior to your reporting any discrepancies, omissions, inaccuracies or incorrect entries or if you fail to exercise reasonable care, act fraudulently or act with negligence, including failing to properly safeguard your Account(s), your username, password and/or access information to the Services or immediately reporting any unauthorized transaction made. You hereby consent to the transmission of all applicable communications through the Internet, you acknowledge that the internet and use of mobile devices to conduct banking transactions through the Services is not necessarily a secure communications and delivery system, and understand the risks associated with it (among others, confidentiality, security, tampering and unauthorized use) and, in connection therewith, you agree to release us from any and all liability and you agree to waive any rights to assert any claims to the maximum extent permissible under any and all applicable laws.

Miscellaneous:

• WARRANTY DISCLAIMER. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE.
• You agree to pay all applicable fees for the Services and relative to your applicable Account(s) in accordance with our fee schedules and disclosures in effect and as established and amended by us from time to time, and as may be disclosed and accepted at the point of Service or Service request. It is your responsibility to periodically review such fee schedules and disclosures relative to your Account(s) and the Services for the most current fees. We may automatically deduct these fees from any Account even if they create an overdraft (to the extent applicable), and we may assess the appropriate applicable overdraft fees. Depending on your plan with your internet provider or mobile phone carrier, you might incur access and/or data transmission fees for using the Services, for which you agree to be solely responsible. Check with your internet provider or mobile phone carrier for more information on applicable fees.
• SUFFICIENT AND AVAILABLE FUNDS. You are solely responsible for having sufficient and available funds on deposit to complete transfers on the requested dates from your applicable Account(s). We may deduct transfers from your Account(s) in connection with any Services, even if such deduction creates an overdraft (to the extent applicable). You are liable for all applicable overdraft fees.
• SERVICE REQUEST ON NON-BUSINESS DAYS. Service requests, (whether Internal Transfers or External Transfers) that are received after the applicable cut-off hour described above or on a day that is not a Business Day, will be treated as received on the next Business Day. Recurring service requests (whether Internal Transfers or External Transfers) that fall on a day that is not a Business Day will be processed on the next Business Day.
• ONLINE STATEMENTS (Not available through Popular Direct Mobile Banking). The terms and conditions for online statements are governed by the Popular Direct Online Statement User Agreement. Online statements are not automatically set up upon completing your enrollment in the Services. You must enroll separately to receive your statements online, within the Services, and will be required to accept the Popular Direct Online Statement User Agreement at that time. Once you have accepted the Popular Direct Online Statement User Agreement and completed the online statements enrollment, then and only then will your statements begin to archive online within the Services.
• TRANSFERS FROM SAVINGS ACCOUNTS. Federal regulations require us to limit the number of certain types of transfers from your applicable Popular Direct savings Accounts. Under these regulations, you are permitted to make no more than six (6) transfers and withdrawals per statement cycle by means of (i) preauthorized, automatic, or telephonic arrangements, and, as the case may be, (ii) checks (if available for the account), drafts (if available for the account) or similar applicable orders payable to third parties. These limitations are applied according to the date when the transaction is posted to your applicable Account and not the date when a transfer is authorized or a check is written. Each time you transfer funds out of your applicable Popular Direct savings Account using the Services it is counted as one of the six (6) limited transfers you are permitted each month. If you exceed these limits, we may, at our option, convert your applicable Account to an account not subject to these restrictions or close your applicable Account.
• CHANGES; AMENDMENTS; REVISIONS. We reserve the right, at our discretion, to add, delete, change, modify, alter, or discontinue the Services or any aspect, feature, or function of the Services at any time, including content, hours, and equipment needed for access or use ("Change(s)"). We also reserve the right, at our discretion, to add, delete, change, modify, or amend any fees, help screens or other terms and conditions of this Service Agreement at any time (also called, "Change(s)"). Unless an immediate Change is necessary to ensure the security of the Services or your accounts, we will send you notice to the email address we currently possess within the Service at least 21 days before the effective date of any Changes if required by law. If provided electronically, disclosures will be provided to you in one of several ways: (a) by online banking message, (b) by email at the email address we have on record within the Service, or (c) to the extent permissible by law, by access to a website that generally we will identify in advance for such purpose. Any use of the Service after we send you a notice of Change will constitute your agreement to such Change(s). Further, we may, from time to time, revise or update Services and/or related material and these changes may render prior versions obsolete. Consequently, we reserve the right to terminate this Service Agreement as to all such prior versions of the Services, or related material and limit access to the Services more recent revisions and updates. If it is necessary to make changes to our privacy policies, we will update the same with the changes and new effective date.
• TERMINATION OR DISCONTINUATION. In the event that you wish to discontinue any or all of these Services, you may contact us at 1.800.274.5696. Services will be terminated at the time of the request, but termination may be delayed if a transaction under the Service is in process at the time of the request. Some Service transactions in process may be completed following termination. It is your sole responsibility to ensure your Accounts have available funds to complete any transactions in process and that any transfers or payments continue to be made to payees or billers on time following termination of Services, as the case may be. You agree that we are not liable in any way for payments or transfers not cancelled or payments or transfers made due to the lack of proper notification by you of Service termination or discontinuance for any reason. We have the absolute discretion to make the Services available to you. We reserve the right to suspend, revoke or terminate your use of the Services in whole or in part at any time and for any reason. Suspension, revocation, termination or discontinuation will not reduce your liability or obligations under this Service Agreement. In the event of suspension or cancellation, the Services may be reinstated at our sole discretion and we reserve the right to impose a reinstatement charge as we deem fit. We likewise reserve the right to impose a fee for the Services at our absolute discretion at any time without your prior consent as permitted by applicable law.
• DOCUMENTATION OF TRANSFERS. Your monthly Account statement will contain information about any applicable funds transfers completed during the applicable statement period.
• We will disclose information to third parties about your Account or the transfers you make to the extent permitted by applicable law and/or:
  • Where it is necessary for completing transfers, or
  • In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or
  • In order to comply with applicable law, government agency or court orders, or
  • If you give us your written permission.
  • Pursuant to our applicable privacy policy. For more information on our privacy policy, go to www.populardirect.com.
• You represent and warrant that you are at least 18 years of age.
• NO WAIVERS. Our failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such a right or provision unless acknowledged and agreed to by us in writing.

 

 

You cannot change your External Account during the first 60 calendar days after opening your Account. Thereafter, you may change your External Account. However, each time you change your External Account, you may not change it for 60 calendar days.