This Agreement and Disclosure is made in compliance with California and federal law regulating electronic funds transfer (EFT) services.
Electronic funds transfers are electronically initiated transfers of money involving your account with Scratch and your account at a financial institution. These may include a one-time payment from your bank account as well as recurring payments from your account. These may also include payments made by check, if we choose to process the check as an electronic check conversion. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers.
In this Agreement, the words 'you' and 'your' mean those who sign as applicants or any authorized user(s). The words 'we', 'us', and 'our' mean Scratch.
Types of Preauthorized Transfers
You may arrange for us to complete the following preauthorized transfers to your Scratch account:
- Accept automatic payment from your designated financial institution account to your Scratch account.
- Accept automatic payment from your employer to your Scratch account.
Fees and Charges
We will charge you $0 for each transfer you make using our services.
Limitations on Frequency and Amount
3 days notice required to stop preauthorized payment.
EFT Transactions
Electronic Check Conversion. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.
Re-presented Check Transactions and Fees. You may authorize us to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. The resulting fee transaction if debited as an EFT from a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. When a merchant re-presents a check electronically, that transaction is not covered by the Electronic Funds Transfer Act or this disclosure. A description of the transaction will appear on your statement.
Liability for Unauthorized Transfers
Tell us immediately if you believe your financial institution account has been compromised or if you believe that an electronic fund transfer has been made without your permission using information from your check or checking account. Telephoning is the best way for you to notify us of any unauthorized use. If the unauthorized use occurs through no fault of your own or that of any authorized user, you will not be liable for the unauthorized use. If the unauthorized use is due to your negligence or fault, your liability will be limited to no more than the lesser of $50.00, or the amount of money, good, or services obtained by the unauthorized user prior to your notifying us that your financial account has been lost stolen or improperly used.
Also, if your statement shows transfers that you did not make, tell us at once. If you believe that your account information has been compromised or that someone has transferred or may transfer money from your financial institution account without your permission, call (844) 727-2684,* or write us at Scratch Services, LLC, P.O. Box 411285, San Francisco, CA 94141-1285. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
Business Days
For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.
Documentation
Periodic Statement. You will get a monthly account statement from us, unless there are no transactions in a particular month. In any case you will get a statement quarterly. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit.
Our Liability for Failure to Make Transfers
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If the money in your account is subject to legal process or other claim restricting such transfer.
- If the transfer would go over the credit limit on your overdraft line.
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
In Case of Errors or Questions About Your Electronic Transfers.
Telephone us at (844) 727-2684,* or write us at Scratch Services, LLC, P.O. Box 411285, San Francisco, CA 94141-1285 as soon as you can, if you think your statement or payment confirmation is wrong or if you need more information about a transfer listed on the statement or payment confirmation. We would like to 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 (if any).
- 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. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days 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 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Confidentiality
We will disclose information to third parties about your account or the transfers you make:
- Tell us your name and account number (if any).
- Where it is necessary for completing transfers;
- In order to verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us your written permission.
Notices
All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.
Enforcement
In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including fees on any appeal, subject to any limits under applicable law.
Preauthorized Electronic Fund Transfers
Right to Stop Payment and Procedure for Doing So
If you have told us in advance to make regular payments out of your account(s), you can stop any of these payments. Here's how: Call us at (844) 727-2684,* or write us at Scratch Services, LLC, P.O. Box 411285, San Francisco, CA 94141-1285, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you up to $20.00 for each stop payment order you give.
Notice of Varying Amounts
If these regular payments may vary in amount, we will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Liability for Failure to Stop Payment of Preauthorized Transfers
If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.