User Terms and Conditions
I agree and accept that the checking accounts within Deluxe eCheck are subject to terms and conditions.
Welcome to Deluxe eCheck!
Thank you for using our products and services ("Services"). The Services are provided Deluxe Small Business Services, Inc. ("Deluxe"), located at 3680 Victoria Street North Shoreview, MN 55126
By using our Services, you agree to the following terms. Please read them carefully. The Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not offered to minors.
Our Services are broad and diverse, so sometimes additional terms or requirements (including age) may apply. Additional terms may be available with the Services, and those additional terms are part of your agreement with us if you use the Services.
Your Deluxe eCheck Account
You will need a Deluxe eCheck Account to use some of our Services. You may create your own Deluxe eCheck Account, or your VerifyValid Account may be assigned to you by an administrator. If you are using a Deluxe eCheck Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. Please make sure the password for your Deluxe eCheck account is highly complex and is known only to you. We cannot and will not be held responsible if your password is easily guessed, hacked or disclosed by you to others.
If you learn of any unauthorized use of your password or account, immediately change the password on your Deluxe eCheck Account and contact us immediately.
You agree that it is your sole responsibility to ensure that the contact information in your Deluxe eCheck account is current and accurate at all times. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting us for the Services. Any changes in your banking account(s) should also be made promptly. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate banking account or contact information.
Using our Services
You must follow any policies made available to you within the Services.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use in any way any of our trademarks, trade dress, branding, images, graphics, copyrights or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
You may use the Services to initiate financial transactions as permitted by normal operation of the Site for your own banking accounts that have been confirmed with Deluxe. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Services, regardless of the purpose of the use.
When you initiate a financial transaction as part of your use of the Services, you are also inherently granting all rights and licenses necessary for the recipient of the initiated financial transaction to act as your agent for purposes of continuing the processing of the initiated financial transaction and for the recipient to print a physical representation of the financial transaction (i.e., a paper check) on behalf of yourself.
You understand and agree that each initiated financial transaction is being registered with a fraud prevention component of the Services. This fraud prevention component allows any party with an Internet connection to verify data on the initiated financial transaction item. Deluxe does not publish any information about your transaction, only whether data supplied by a verifying party pertains to a valid financial transaction registered with Deluxe eCheck.
If you decide to print a physical representation of the financial transaction, you agree that you will print the financial transaction in conformance with requirements for constituting a check and in conformance with published check-printing standards. If you print the financial transaction and are not the drawer of the financial transaction, you are doing so as the drawer's agent and agree to act as the agent of the drawer for the purpose of printing the financial transaction. You also agree to print the financial transaction only once and will honor only one presentment (first presentment) of the financial transaction. You agree and acknowledge that multiple presentment of a financial transaction constitutes bank fraud and you agree to refrain from any such activity. To the extent Deluxe produces a cryptographic derivative representative of the initiated financial transaction you agree to leave this cryptographic derivative present on all representations of the initiated financial transaction.
You agree to not alter or conceal all Deluxe eCheck-initiated comments, instructions and disclaimers associated with the initiated financial transaction. These instructions can include, but are not limited to, a disclaimer regarding the authorization of the recipient to be your agent for purposes of continuing the initiated financial transaction and to print any physical representation of the financial transaction in conformance with published check-printing standards.
If you want to stop any initiated financial transaction that has been authorized by you, you must either contact the recipient of the financial transaction directly and request that they return or destroy all representations of the initiated financial transaction in their possession, or, to the extent that the recipient has already properly and validly presented the financial transaction to a banking institution for settlement, you should institute a standard stop payment order with your banking institution connected with the initiated financial transaction. You should also notify Deluxe because we can then designate all attempts to verify this payment as invalid. You are responsible for all charges from your bank.
You must immediately tell us if you discover your password or other means to access your Deluxe eCheck Account has been lost or stolen so that we can disable your account. Deluxe is not liable for any damages or loss should someone access your account through the Services without your permission. If your monthly financial institution statement contains financial transactions that you did not authorize, you must tell us at once.
It is your responsibility to determine what, if any, taxes apply to financial transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions or for collecting, reporting or remitting any taxes arising from your transactions.
Applicable fees will be disclosed in the user interface for the Services. Any applicable fees will be charged regardless of whether the Services were used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable bank account associated with your Deluxe eCheck Account, for these amounts and any additional charges that may be incurred by you. Any fees associated with your banking accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
In using the Services, you are initiating financial transactions. If we are unable to complete an initiated financial transaction for any reason associated with your banking account (for example, there are insufficient funds in your banking account to cover the transaction), the transaction may not be completed. You are responsible for all returned item charges and other bank fees imposed by the banking accounts associated with your Deluxe eCheck Account.
We reserve the right to refuse to initiate any financial transaction that you may request using the Services for any reason, at our sole discretion. We will notify you promptly if we decide to refuse to continue initiation of a financial transaction through Deluxe eCheck. This notification is not required if you attempt to make a prohibited transfer under this agreement.
Your enrollment in the Services may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Services, you agree that we and our service providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.
You are prohibited from using the Services for activities that: (a) violate any law, statute, ordinance or regulation; (b) involve payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes; (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Services, or interfere or attempt to interfere, with the Site or the Services; or (h) may cause us or our service providers to lose any of the services from our Internet service providers, payment processors, or other vendors. We encourage you to provide prompt notice to us of any violations of this section or this agreement generally. In no event shall we or our service providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Services or this agreement. We and our service providers reserve the right to monitor and remove any comments you post or submit through the Service, in our discretion.
Notices to You
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications that are not necessary for the operation of the Services. By using the Services, you agree to receive notices from us and to access information relating to the Services on the Site and/or via electronic mail.
You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Services, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. For example, users of the Services may receive certain notices (such as notices relating to financial transactions you have initiated using the Services or receipt of deposits) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us. We reserve the right to charge you a reasonable fee, not to exceed twenty (20) dollars, to respond to each such request. We reserve the right to close your account if you withdraw your consent to receive electronic communications.
By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our service providers may contact you to validate or process a transaction that you've requested through use of the Services.
Privacy and Copyright Protection
Deluxe's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Deluxe can use such data in accordance with our privacy policies, which may be changed from time to time in our discretion.
Deluxe eCheck Software
When our Services require or include downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Deluxe gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Deluxe eCheck as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Deluxe eCheck, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modification and Termination of the Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop some or all of the Services altogether.
You can stop using our Services at any time, although there may be transactions you have initiated that are still pending at the time you terminate the Services. It is your responsibility to transfer all legal responsibility for your transactions to another entity upon terminating our services. Deluxe eCheck may also stop providing some or all of its Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue some or all of our Services to you, where reasonably possible, we will give you reasonable advance notice and a chance to obtain or delete your information from the Services.
If we have reason to believe that you have engaged in any of the prohibited activities described in this agreement or have otherwise breached your obligations under this agreement, we may terminate, suspend or limit your access to or use of the Site or the Services; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide the Services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this agreement, access to the Site, and/or use of the Services for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this agreement.
Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care; however, there are certain things that we do not promise about our Services.
Deluxe makes no representation about uptime or availability of the Services. Internet connections can fail, power outages can happen, and your access to the Services may be interrupted through no fault of Deluxe or through our regular updates and maintenance of the Services. Deluxe is not responsible for any loss or damage as a result of your inability to access or use the Services.
One of the Services provided by Deluxe eCheck is the ability for you to initiate a financial transaction through the use of the Services. The financial transactions you initiate are dependent upon several things: the accuracy of your banking information and the accuracy of the payee information on every transaction you initiate using the Services. Deluxe cannot be held responsible for any errors in any of this information that you provide to us. You are solely responsible for the accuracy of the information you employ in financial transactions you initiate with the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DELUXE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, DELUXE EXCLUDES ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, DELUXE AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DELUXE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DELUXE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business Uses of the Services
If you are using our Services on behalf of a business, that business accepts these terms and it will hold harmless and indemnify Deluxe and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
You agree to defend, indemnify and hold harmless Deluxe and our affiliates and service providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.
If you have a dispute with one or more other users of the Site or the Services, you release us and our affiliates and service providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Deluxe shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
All marks and logos related to Deluxe Corporation, Deluxe eCheck, the Site, and the Services, are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and some information on this site may be our protected copyrights. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Services or display them in any manner that implies our sponsorship or endorsement.
All right, title and interest in and to the Service, the portion of the Site through which the Services are offered, the technology related to the Site and Services, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Services shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
About these Terms
We may modify these terms or any additional terms in our sole discretion that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Deluxe and you. They do not create any third party beneficiary rights.
You may not transfer or assign any rights or obligations you have under this agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this agreement or any right or obligation under this agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the state of Minnesota, without regard to its conflict of law provisions, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Ramsey County, Minnesota, and you and Deluxe consent to personal jurisdiction in those courts.
For information about how to contact Deluxe, please visit our contact page.