This Account Agreement is effective as of September 01, 2023.
Please read carefully and retain this Deposit Account Agreement for future reference. This Agreement contains the general terms, conditions and disclosures related to the demand deposit account (the “Account”) made available to eligible individuals by Higo Inc. DBA Sammy (“Program Partner”), the program partner responsible for managing the Account program, in partnership with Lineage Bank, a bank chartered under the laws of the State of Tennessee (“Bank”).
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank any of the Bank’s affiliates, successors, or assignees. When you see the words “you” or “your,” it refers to any individual who opens an Account(as defined below) and in whose name an Account is maintained on our records, and any joint owner of each Account. "Account" means your demand deposit account with us.
Your deposits at each program bank become eligible for FDIC insurance up to $250,000, inclusive of any other deposits you may already hold at Lineage Bank in the same ownership capacity. Please note that FDIC insurance coverage is per bank, and Lineage Bank may support multiple program partners, which may also affect your insurance coverage.
Your Sammy Mastercard® debit card is issued by Lineage Bank, pursuant to license by Mastercard Internacional Incorporated.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN THE SECTION OF THIS AGREEMENT TITLED “ARBITRATION AND WAIVERS” BELOW.
How to Contact Us
You may contact us with any questions or concerns regarding your Account, including to access your statements and transaction history. All communication between you and us will be handled by the Program Partner.The best way to contact us is through email at [email protected]. You may also contact us by:
• Phone +1 (323) 580-2144. Agents are available 10:00 AM – 5:00 PM Central Time.
Definitions
An Account (also referred to as a Deposit Account) refers to an arrangement by which Sammy accepts a customer's financial assets and holds them on behalf of the customer at their discretion.
You (or Your) refers to each Account owner and anyone else with authority to deposit, withdraw, or exercise control over an Account. If there is more than one owner, then these words mean each Account owner separately and all Account owners jointly.
An Owner is one who has the power to manage or control an Account in their own name.
An Agent is one whose power to withdraw from an Account comes from, or is on behalf of the owners. Authorized signers, attorneys-in-fact, and convenience signers are examples of agents.
Personal Accounts are Accounts in the names of natural persons (individuals).
Non-Personal Accounts (which must be distinguished from their counterpart, Personal Accounts) are Accountsin the name of corporations, partnerships, trusts, and other entities.
Business Days are Monday through Friday, unless stated otherwise. Federal holidays are not included.
A Card refers to the Sammy’s Mastercard® debit card, which is issued by Lineage Bank in the name of the Cardholder for carrying out all Card Transactions from an Account held with Lineage Bank, as provided for in this Agreement.
A Cardholder is the person in whose name an Account has been opened and in whose name a Card is issued.
Card Transactions are any payment made for goods or services, cash withdrawals from a bank or financial institution (including ATM withdrawals) or transfer of funds made through the use of the Card or the Card number.
Financial Services refer to a Deposit Account, overdraft credit Account, Bill Payment service, Funds Transfer service, or any other financial product or service available through Sammy.
A Disclosure is a document provided by Higo Inc. DBA Sammy that outlines all pertinent information about a product or service. A Disclosure is typically provided at Account opening or when a change in the terms of the account occurs.
A mobile deposit is the ability for an Owner to deposit a check via Higo Inc. DBA Sammy’s App by snapping a picture of the front and back of a physical check using their smartphone. In traditional banking, these digital transactions are known as a remote check deposit.
Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural and the plural includes the singular.
Consent to Terms and Conditions and Modifications
By enrolling in services or applying for an Account with Higo Inc. DBA Sammy, you agree to be bound by the Terms and Conditions of the Account and any fees that may be imposed. The Terms and Conditions of your Account include this Agreement, any disclosures we give you when you open your Account, subsequent disclosures we provide when using additional products and services, periodic statements, user guides, our Privacy Policy, and any other disclosure or terms we provide to you. Continued use of your Account means you agree to these terms, you agree to pay the fees listed, and you give us the right to collect the fees, as earned, directly from your Account balance or any linked external Accounts.
Modifications
We may amend or change any terms of this Agreement or any Account disclosures and documents provided to you. Notice of the amendment or change will be provided to you as required under applicable law. If at any time the terms, conditions or fees associated with your Account are not acceptable to you, you may terminate this Agreement by closing your Account after paying any fees or charges owed to us. We may cancel or suspend your Account, debit card, or other Account services or this Agreement at any time.
Waivers and Precedents
Any waiver by Sammy must be approved by an authorized representative of Program Partner or the Bank. If a waiver is approved by Sammy, we are not obligated to provide similar waivers in the future.
Identification Notice (USA PATRIOT ACT)
To help the government fight the funding of terrorism and money laundering, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. This means that when you open an Account or use our services, we may ask for your name, physical address, date of birth, and other information that will allow us to identify you. We may also ask to see other identifying documents such as driver’s license or other documents that validate your identity.
Even if you have been an existing customer of ours, we may ask you to provide this kind of information and documentation because we may not have collected it from you in the past or we may need to update our records. If, for any reason, any Owner is unable to provide the information necessary to verify their identity, their Account(s) may be blocked or closed, which may result in additional fees assessed to the Account(s). You are responsible for the accuracy and completeness of all information supplied to Higo Inc. DBA Sammy in connection with your Account and/or Account services and for keeping your personal data with us updated if you move or otherwise make changes to your personal data.
General Terms and Conditions
Eligibility
Only individuals 18 years of age or older can form a legally binding contract can use our Services. We may impose other restrictions as well.
Account Types
The Account is a non-interest-bearing consumer demand deposit account used to hold your deposits and make certain types of payments and transfers.
An Account opened for personal use cannot be used for business purposes. If your personal Account is identified as being used as a business Account, business-related transactions will be reversed, your Account privileges will be suspended, and your Account may be closed if business related activities continue.
We may set such eligibility criteria or decline to open an Account for any reason permitted by law and at our sole discretion. We are not liable for any Losses (as defined below) resulting from refusal of an Account relationship. We may also limit the number of Accounts that you have in our sole discretion. Your Account is subject to security and fraud prevention restrictions at any me, with or without notice.
Lineage Bank
Sammy has partnered with Lineage Bank, an FDIC insured financial institution, to offer you certain banking services. When you sign up for an Account with Sammy, you will be prompted to agree to Lineage Bank’s Privacy Notice. You authorize Sammy to share any of your information with Lineage Bank for the purposes of establishing and administering your Account. It is your responsibility to make sure the data you provided is accurate and complete. Sammy will provide you with any and all nofications as well as all customer support related to your Account. If you have any questions, please contact program partner at [email protected].
Online or Mobile Access to Your Account
When you open an Account, you may also be enrolled in an online business banking service or mobile application (collectively, “Online Banking Services”) offered by the Program Partner that you can use to access your Account, view information about your Account and conduct certain transactions. You may also be given access to various features through the Online Banking Services separate from your Account. If you cancel your enrollment in the Online Banking Services at any me, we may close your Account as detailed below.
Unless otherwise specified in this Agreement, the Online Banking Services and its features are governed by theSammy Terms of Service and other agreements, as well as the Sammy Privacy Policy, which may be provided to you separately or made available through the Program Partner’s website, htps://www.usesammy.com/. Please review these documents carefully because by using the Online Banking Services, you agree to be bound by them. These services are not provided or controlled by the Bank or this Agreement.
Paperless Account
To open an Account, you must agree to go “paperless.” This means that you must (a) provide us with and continue to maintain a valid email address and (b) accept electronic delivery of all communications that we need or decide to send you in connection with your Account by agreeing to the Sammy E-SIGN Consent Disclosure.
Opening an Account
You may open an Account by downloading the Sammy mobile application and following the instructions within the application. Each person completing the Account opening process or otherwise completing any Account opening requirements represents and warrants that he, she or they:
Are authorized to execute all documents or otherwise complete our requirements in his, her or their stated capacity;
Have furnished all documents or other informaon necessary to demonstrate that authority;
Will furnish other documents and complete other requirements as we may request him, her, or them;
Certify that, to the best of his, her or their knowledge, all informaon provided to us, including information concerning beneficial owners, is complete and correct; and
He, she, or they have read this Agreement and agree to be bound by and comply with its terms.
We may refuse to recognize any resolution or document affecting the Account that appears to us to be incomplete, improperly executed, or fraudulent.
Account Balances
You agree to maintain a posiTIve balance and will not incur overdrafts. If you manage your Account in such a way that it results in a negative balance or becomes overdrawn, you agree to rectify the mater by transferring sufficient funds from your linked external Account to pay the overdrawn balance. Your failure to bring your Account to a positive balance could result in the temporary or permanent suspension of your Account and services. Further consequences may be enacted if you do not remedy the situation in a timely manner and may include (1) freezing your Account until the negative balance is rectified, (2) the reporting of your negative balance to a reporting agency, and/or (3) legal action.
Third-Party Service Providers
We work with one or more third-party service providers, and the Program Partner, in connection with yourAccount. You acknowledge that we, in our sole discretion, may use such third-party service providers to fulfill any of our obligations under this agreement, including by performing functions that you have otherwise authorized us to perform, such as processing transactions, handing account operations including account set-up, transaction monitoring, and customer support, and providing technological connection to the Program Partner and the Bank.
Each of these third-party service providers may in turn use their own third-party service providers, at our discretion.
We may also share your information with other service providers that we believe need the information to perform a technology, business, or other professional function for us such as IT services, maintenance and hosting of our services, marketing partners, accounting, auditing, and tax services, and other professional services.
Confidentiality
Information about your Account and your transactions is collected by and shared between us, Program Partner, and our other service providers. We only share your information as necessary to provide the Services described in this Agreement. We take our responsibility to protect your information seriously, and comply with applicable law regarding the collection, use, and security of customer information.
Cell Phone Communications
Program Partner may contact you via phone, including by sending you text messages, about any current or future accounts or applications or its products and services generally. To exercise any rights, you may have to opt-out or withdraw consent from receiving certain of these communications, please contact Program Partner.
By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving calls and messages, including but not limited to prerecorded or artificial voice message calls, SMS (including text messages), and calls made by an automatic telephone dialing system-from us, our affiliates, agents, Program Partner, Program Partner’s affiliates, and Program Partner’s agents, and others calling at our request at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider according to the type of plan you carry.
Notify Us If Your Information Changes
You must notify us immediately if there is a change to your business or trade name, the names of any individual or Authorized User with access to your Account, telephone number, legal address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account.
Account Closing
If you wish to close your Account with us, you agree to withdraw all of the funds from your Account. We may require you to nofy us of this intention in writing. After an Account is closed, we have no obligation to accept deposits or pay outstanding items. However, we may do so at our discretion. You agree to hold us harmless for refusing to honor any item on a closed Account. If funds remain in the Account after you have notified us of your intent to close your Account, we will require you to submit your request to us in wring, and we will then return any remaining funds to your linked external Account. All related closing fees will be deducted from the final balance.
Power of Attorney and Attorneys-In-Fact
We may allow you to give another person (known as an “attorney-in-fact”) power of attorney to act on your behalf for your Account. You must obtain written approval from us before we will honor any power of attorney. Email us at the email address specified above for approval if you plan to create a power of attorney. Please be aware that it may take up to two (2) weeks for us to review your request. If approved, we will honor orders and instructions from your attorney-in-fact until (a) we receive a written revocation from you; (b) we are nofied that you or your attorney-in-fact have died or become incapacitated; or (c) we terminate our acceptance of the power of attorney. We may terminate our acceptance at any me, for any reason and without notice to you, and you will not hold us liable for any Losses (as defined below) that may result from such action.
Inactive and Dormant Accounts
We may consider a Deposit Account to be inactive after a period of no owner-initiated activity of 120 days. After the Account has been deemed inactive, we may consider a Deposit Account to be dormant, at which time it will be closed. However, if we close your Account for inactivity, state escheat laws may, depending on the length of the inactivity, require us to transfer your balance to a state agency. If this occurs, you may be able to file a claim with that agency to recover the funds.
If the Account becomes inactive or dormant, the Account will continue to be subject to any service charges in accordance with our Schedule of Fees and Charges. If an Account becomes inactive, we will notify you with specific instructions on how to restore the Account to an active status without the need to make any transactions.
Death or Incompetence
You or your appointed party, designee, or appointed individual agree to notify us promptly if any person with signatory rights on your Account dies, becomes legally incompetent, or incapacitated. We may continue to honor any items submitted until (i) we know of the fact of death or of a legal determination of incompetence or incapacitation and (ii) we have had a reasonable opportunity to act on that knowledge. You agree that, even if we have knowledge of the death of a person with signatory rights, we may pay on items drawn on or before the date of death for up to ten (10) days after that date, unless ordered to stop payment by someone claiming an interest in the Account. We may require additional documentation to confirm any claims made on the Account. reporting agency, and/or (3) legal action.
Levies, Garnishments, and Other Legal Processes
If your Account becomes subject to legal action, such as a tax levy or third-party garnishment, we reserve the right to refuse to pay any money from your Account, including checks or other items presented for payment, until the action is resolved. If we are required to pay an attachment, garnishment, or tax levy, we are not liable to you. Payment is made after satisfying any fees, charges, or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to a garnishment, levy or attachment on your Account. We may charge these expenses to your Account. Until we receive the appropriate court documents, we may continue to process transactions against your Account, even if we have received an unofficial notification of an adverse claim. You will indemnify us for any losses if we do this.
Withdrawals from Accounts
Unless otherwise indicated by us, anyone who is listed as an Account owner, or is assigned Power of Attorney privileges, may withdraw or transfer all or any part of the Account balance at any time on forms approved by us or with your debit card, through Bill Pay, or other available services.
We reserve the right to refuse any withdrawal or transfer request that is attempted by any method not specifically permitted or that exceeds any frequency or monetary limitations. Even if we honor a nonconforming request or allow a transaction or transaction(s) to overdraw your Account, repeated abuse of the stated limitations, or regularly overdrawing your Account, may force us to close the Account. We will use the date a transaction is completed by us (as opposed to the day you initiated it) to apply the frequency limitations.
Deposits to Accounts
All items deposited will be handled by us as an agent for you. All checks submitted for deposit must be made payable to you. We do not accept cash. We do not accept third-party checks (checks not made payable to you). We do not accept deposits in foreign funds or checks drawn on banks outside the United States. We reserve the right to reject a deposit if it is made payable to Higo Inc. DBA Sammy or Lineage Bank and contains no other information that might assist us in identifying the Account to which it should be deposited. We reserve the right to refuse any other type of deposit if we believe it is fraudulent, will not be paid, it is not made payable to you only, or is otherwise suspicious in nature. We will not be held liable if such action causes outstanding items to be dishonored and returned or payment orders to be rejected. Refused deposits will be returned to you.
Automated Clearing House Deposit
In order to transfer funds from an Account that you own or have control of at another financial institution to yourAccount at Sammy using the Automated Clearing House (ACH) Funds Transfer service, we may use a third-party vendor to gather your data from the external financial institution(s) you connect via the Sammy App. By using our service, you grant the Program Partner and its vendor the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution(s). You agree to your personal and financial information being transferred, stored, and processed in accordance with Sammy Privacy Policy. ACH transactions will not be processed and accessible until the service is activated by us. Funds from these types of deposits will not be available until after the funds have settled.
Credit given by us with respect to an ACH credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive final settlement, you acknowledge and agree that we are entitled to a refund of the amount credited to you in connection with the ACH credit entry, and the party making payment to you via such entry will not be deemed to have paid you in the amount of such entry.
Under the operating rules (the “Rules”) of the National Automated Clearing House Association (“NACHA”), which are applicable to ACH transactions involving your Account, we are not required to give next day notice to you of receipt of an ACH item and will not do so. However, we will continue to notify you of the receipt of ACH items through your Account statements.
We may accept on your behalf payments to your Account which have been transmitted through one or more automated clearing houses and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments will be construed in accordance with and governed by the laws of the State of Tennessee, unless otherwise specified in a separate agreement that the law of some other state will govern.
Cash Deposits
We do not accept cash deposits. Please do not send cash deposits through the mail. In the event that a cash deposit is received for your Account, you agree that Higo Inc. DBA Sammy’s determination of the amount of the deposit will be final. We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.
Direct Deposits
You may initiate direct deposits by providing your employer or government benefits administration with our Routing Number, 064109549 and your 12-digit Account number, which can be found by logging in to the Higo Inc. DBA Sammy App. If we deposit any amount into your Account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from your Account or from any other Account(s) you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
If a direct deposit posts to your Account and is later found to be made payable to someone other than yourself or another Account owner listed in our records, the amount of the deposit will be deducted from your Account and returned to the originator without prior notice to you.
Mobile Deposits
If offered by Sammy, checks deposited via mobile deposit shall not be considered to have been received by us until we have received the valid electronic check image file. Limits to the number of mobile deposits permitted and the amount of funds that can be deposited are imposed for security reasons. For this purpose, we may not readily disclose those limits to you.
You agree to properly endorse all items captured and submitted using the Mobile Deposit Service. This should include a signature(s) from the named payee(s). It is also required that you write “For Higo Inc. DBA Sammy Mobile Deposit Only.” You agree, after you submit an item for deposit using the mobile deposit service, you will not redeposit, otherwise transfer, or negotiate the original item.
All deposits will be credited to your Account in accordance with our Funds Availability Policy.
Mobile Deposits Limits
We may change these limits with notice to you. To determine the current limits that apply to you, you can access them under the settings section of the Mobile App, contact Program Partner by calling +1 (323) 580-2144 or [email protected].
Mobile Wallet
When you or a Cardholder adds a Card to a mobile wallet, you agree to the following terms:
A Card can be added to a mobile wallet by following the instructions of the mobile wallet provider (ApplePay, GooglePay, SamsungPay, etc.). A Card can be added to multiple mobile wallets and on multiple devices as long as it is eligible to do so. This Agreement, and the terms of the mobile wallet provider and any service providers (e.g., third-party wireless companies) apply to a Card in a mobile wallet regardless of which mobile wallet it is added to. No Card can be used in a mobile wallet if the Card has been canceled.
The terms and conditions of this Agreement do not change when a Card is added to a mobile wallet. In addition, any applicable fees that apply to your Account apply to activity done through a mobile wallet as well.
When a Card is added to a mobile wallet, it can be used to make purchases wherever mobile wallets are accepted. Mobile wallets may not be accepted everywhere that a Card is accepted.
If any Cardholder uses a mobile wallet, you agree to protect and keep confidential your User ID, passwords and all other authentication information required for use of the Card in a mobile wallet.
All questions or complaints about mobile wallet-specific functions or security should be directed to the mobile wallet provider. All transaction-related questions should continue to be directed to Higo Inc. DBA Sammy.
Deposited Items Returned
If final payment is not received on any item you deposited to your Account, or if any direct deposit, ACH deposit, or Electronic Fund Transfer to your Account is returned to us for any reason, you agree to pay us the amount of the return.
We may charge any Account of which you are an owner or re-present any item you deposit with us that is returned to us unpaid without prior notice to you. We may charge a fee for returned deposited items in accordance with our Schedule of Fees.
You authorize us to attempt a collection of previously returned items that you deposited. In our attempts to collect these items, you agree that we may allow the payor bank (the bank on which the item is drawn) to hold the item beyond its midnight deadline. If an item you deposit is returned unpaid, you waive the requirement for notice of this return.
If a claim is made on any item subsequent to final payment on the grounds that the item was altered, bears a forged or unauthorized endorsement, or was not otherwise properly payable, we may withhold credit for the item from your Account until final determination of the claim. In addition, we will not be liable for a check, draft, or other item that you deposit that has been forged or altered in such a way that a reasonable person could not discover the forgery.
Funds Availability Policy
Information contained in this section is to assist you in understanding our Funds Availability Policy. Higo Inc. DBA Sammy does not accept in-person or mailed deposits.
It is our policy to review each deposit and determine how the funds are being deposited. We make the funds available to you according to the deposit type and when the funds are applied to your Account. Some deposit types may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay bills or other debits, such as ACH withdrawals or wire transfers, during the hold period.
We reserve the right to refuse any deposit. If final payment is not received on any item you deposited to your Account, or if any direct deposit, ACH deposit or Electronic Fund Transfer to your Account is returned to us for any reason, you agree to pay us the amount of the return, plus any fee in accordance with our Schedule of Fees and Charges.
Availability
The length of delay in the availability of funds varies depending on the type of deposit. Special rules may apply to new Accounts.
Business Days
The length of delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. Deposits received after 5:00 PM (CST) will be considered to be received on the next business day.
Same-Day Availability
Funds from wire transfers, transfers between Higo Inc. DBA Sammy Accounts, preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Account.
Funds from electronic payments or transfers initiated by the customer will be applied to the Account when Higo Inc. DBA Sammy has verified the external Account and received payment in collected funds. Once the funds are applied to your Account, they will have same-day availability.
Check Deposits
Your deposit will be available no sooner than the fourth business day after we receive the check(s). Funds you deposit by check may be delayed for a longer time period, based on our review of the check and your Account history. They will generally be available no later than the seventh business day after the day of your deposit. If you need to be sure when a particular deposit will be available for withdrawal, you can verify the availability of your deposit by viewing the transaction details on your Higo Inc. DBA Sammy mobile app. You may also contact us at [email protected]
Special Rules for New Accounts
Special rules apply during the first thirty (30) days of any new Account you open with Higo Inc. DBA Sammy:
Funds from wire transfers or ACH direct deposits will be available on the same business day after the deposit is applied to your Account.
All check deposits may be held for an extended period of time but no longer than nine business days after deposit is received.
Card information
Card Activation
You must activate your Card in accordance with the instructions provided with your Card before it can be used. You will need to provide your personal and card information in order to verify your identity and activate your card. You must sign the signature strip on the back of the card as soon as it’s received.
ATM and Debit Card Transactions
Consistent with applicable law, you may use your debit card with your signature or PIN to perform most routine transactions on the Accounts that are accessible by your debit card, such as to:
Make cash withdrawals
Obtain your most recently available Account balance
Pay for purchases at places that have agreed to accept the card
Some of the above services may not be available at all ATMs or locations.
Authorized Card Users
You are responsible for all authorized transactions initiated and fees incurred by use of your card. If you permit another person to have access to your card or card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card.
International ATM Transactions
International transactions made using your debit card will be converted to U.S. currency according to the rules and regulations of the card network. The conversion of the currency to U.S. currency may occur on a date other than your original transaction date and fees may be assessed by these networks. You are responsible for the U.S. currency amount plus any fees assessed for the currency conversion. Some services may not be available at international ATM terminals. International ATM transactions may be subject to a fee in accordance with our Schedule of Fees and Charges.
ATM Deposits
Your Sammy debit card does not permit deposits at ATMs.
Debit Card Point-of-Sale Transactions
You may use your debit card to purchase goods and services and/or obtain cash (where permitted) from any merchant who accepts Mastercard©. The merchant may require your signature instead of your PIN to authorize the purchase request. You may also use your debit card with your PIN at any merchant location where ATM cards are accepted to purchase goods, services, and/or obtain cash. The amount of all purchases, including any cash obtained, will be deducted from your Higo Inc. DBA Sammy Account. When you make a purchase through the Card network, we may place a hold on the funds in your Higo Inc. DBA Sammy Account in the amount that may be necessary to cover the amount of the transaction. (Please see Preauthorization Holds for additional information.)
Split Transactions
If you do not have sufficient funds in your Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card; these are called split transactions. Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your card, the card transaction is likely to be declined.
Transactions Using Your Card Number
If you initiate a transaction without presenting your Card (such as for mail order, internet purchases, telephone purchases, a Prefunded Check purchase, or an ACH debit purchase), the legal effect will be the same as if you used the Card itself.
Limitations on Frequency of Debit Card Transactions and Cash Withdrawal Limits
Frequency-of-use limitations are imposed on card transactions for security reasons and for the protection of your Account. They are not disclosed for this reason and may be changed at any time. You will be denied the use of your card if:
You exceed the daily ATM withdrawal or purchase limit
You do not have sufficient available funds in your Account
You do not enter your correct PIN
You exceed the limit on the number of times you can use your card each day
The receipt provided by the ATM or merchant terminal will notify you of a denial. There is a limit on the number of denials permitted. Exceeding that limit may cause the ATM to retain your Card. The number of attempts that will cause the retention of your card is also not disclosed for security reasons.
Reveal your login credentials, PIN, or any other access device information to anyone.
Write your PIN or login credentials for your card or mobile app down.
Leave your mobile or other device unattended after you have logged on.
ATM Transactions
ACH Transactions1
Higo Inc. DBA Sammy Debit card transactions
Transfers initiated through the Higo Inc. DBA Sammy app
This EFT disclosure, as required by Federal Regulation E - Electronic Fund Transfer Act provides information that describes your rights and responsibilities regarding these services. Electronic Funds Transfers are services that we can provide, assuming that you specifically request and arrange them and qualify for the service.
1 ACH Transactions may include, but are not limited to direct deposits, pre-authorized withdrawals, and online transfers.
Preauthorized Electronic Funds Transfers
You may arrange to have certain recurring payments automatically deposited (credited) to your Account. Examples of this service include, but are not limited to the direct deposit of Social Security and other government payments or the direct deposit of your payroll. If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, you can verify the availability of your deposit by viewing the transaction details on your Higo Inc. DBA Sammy mobile app or contacting us.
You may arrange to have certain recurring withdrawals automatically paid (debited) from your Account. For example, you may arrange to have insurance premiums paid automatically.
These preauthorized transfers are governed by federal regulations pertaining to EFT services that entitle you to certain protections. Requests for these services must be authorized by you, in writing, to the Originator of the transaction prior to becoming effective.
Right to Stop Payment of Preauthorized Electronic Funds Transfers
If you want to permanently revoke an EFT (either debit or credit) you authorized from a third party, you will need to first send written instructions to the originating third party to cancel your ACH transfer.
If you have authorized regular payments out of your Account, you can stop any of these payments by notifying Customer Service by telephone or email. If you notify us by telephone, you may be required to confirm the information provided by writing to us at [email protected]
Your request must include your Account number, the name of the payee, the amount of the item to be stopped, and the date payment was scheduled to be made. This request needs to be received by us three (3) or more business days before the payment is scheduled to be made. If your request is by telephone or email, we may also require you to put your request in writing and ensure that it is received by us within fourteen (14) days after your call or email.
You are subject to the general rules of Stop Payments in this Agreement.
Stop Payments
If you request that we stop payment on any preauthorized transfer according to the requirements above and we fail to do so, we will be liable for your proven loss or damages, unless:
You failed to give us enough information, proper instructions, or sufficient time to act on the stop payment
or
We do not receive written confirmation of your telephone or email request to stop payment within fourteen(14)calendar days, and the preauthorized transfer occurs after the fourteen (14) calendar days.
In any case, we will only be liable for actual proven damages if the failure to stop payment on your transaction resulted from an error on our part, despite our procedures to avoid such errors. If we pay a preauthorized transfer despite your valid and timely stop order request, we may recredit your Account. If we do this, you will sign a statement describing the dispute with the payee. You agree to transfer to us all of your rights against the payee. In addition, you will assist us in any legal action taken against the payee.
Additionally, if you want to permanently revoke a recurring preauthorized EFT, you will need to first send written instructions to the originating third party to cancel your preauthorized transfer. We may ask you to provide us with a copy of your letter to the originating third party and sign an Affidavit revoking authorization.
Our Liability for Failure to Complete an Electronic Fund Transfer
If we fail to complete an EFT transaction on time or in the correct amount when properly instructed by you, we will be liable for damages caused by our failure unless:
There aren’t sufficient funds in your Account to complete the transaction through no fault of ours.
The funds in your Account aren’t available at the time the EFT posts to your Account.
The funds in your Account are subject to legal process.
The ATM system has insufficient cash to complete the transaction.
We have a reason to believe that the transaction requested is unauthorized.
The failure is due to an equipment breakdown that you knew about when you started the transaction at anATM or merchant terminal.
You attempt to complete a transaction at an ATM or merchant terminal that is not a permissible transaction listed above.
The transaction would exceed security limitations on the use of your debit card.
In any case, we will only be liable for actual proven damages if the failure to make the transaction resulted from an honest error despite our procedures to avoid such errors.
Unauthorized Transfers
Tell us immediately if you believe your debit card and/or PIN has been lost or stolen or if you believe that an EFT has been made without your permission. Contacting us by email at [email protected] or calling us or sending us a WhatsApp message at +1 (323) 580 2144 is the best way to keep your potential losses down.
If you tell us within two (2) business days after you learn of the loss or theft of your debit card and/or PIN, you can lose no more than $50 if someone used your debit card and/or PIN without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your debit card and/or PIN, and we can prove we could have stopped someone from using your debit card and/or PIN without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within sixty (60) days after your Account statement is made available to you, you may not get back any money you lost after the sixty (60) days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If extenuating circumstances kept you from telling us, we may extend the time periods at our sole discretion.
You may be required to confirm the information provided over phone or email in writing. In these cases, we will advise you accordingly, provide you the necessary forms for confirming your dispute in writing, and give you instructions for sending us the signed form.
Errors or Questions and How to Contact Us
In case of errors or questions about your Electronic Fund Transfers, you agree to promptly contact Customer Service by calling us or sending us a WhatsApp message at +1 (323) 580 2144 or by email at [email protected]. You may be required to confirm the information in writing within ten (10) business days. In these cases, we will advise you accordingly, provide you the necessary forms for confirming your dispute in writing, and give you instructions for sending us the signed form.
If you believe an EFT transaction was processed in error or was unauthorized or if you need more information about a transfer listed on your statement or receipt, you must contact Higo Inc. DBA Sammy no later than sixty (60)days after the problem or error first appeared on your statement.
In your communication with us, please provide the following information:
The Account name, Account number, and last four digits of the debit card number, if applicable
A description of the suspected error or the transfer about which you are unsure, why you believe there isan error, or why you need more information
The dollar amount of the suspected error
The date of the suspected error
When we receive your dispute notification, we will advise you of the status of our investigation within ten (10) business days. In all cases, we will correct any error promptly.
If we need more time to investigate your question or complaint, we may take up to 45 calendar days for ATM transactions (other than international transactions) and ACH transactions. For errors involving new Accounts (an account that was first funded within 30 days prior to the error), point-of-sale transactions, or foreign initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. If this is necessary, we will provisionally credit your Account for the amount you believe is in error within ten (10) business days of your original complaint or question. If we do not receive written confirmation of your questions or complaint within ten (10) business days, we may decide not to provisionally credit your Account.
For errors involving new Accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 calendar 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 send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation. If provisional credit was given, and it is determined that there was no error, you must repay to us the amount of the provisional credit for the disputed item(s). You will have access to those funds for five (5) business days, and then we may deduct those amounts from your Account without further notice.
TRUTH IN SAVINGS DISCLOSURES
There is no minimum opening deposit requirement to open a Higo Inc. DBA Sammy Account. There are no maintenance fees on Higo Inc. DBA Sammy Accounts. There is no minimum balance required.
Schedule of Fees and Charges
Fees are charged in accordance with our fees outlined below. If we assess a fee for any other service or make a change to our Schedule of Fees and Charges, we will let you know in advance.
To the extent you access our Services through a mobile device, your wireless service carrier’s charges, data rates, and other fees may apply.
Referral Program
Effective September 01, 2023, Sammy is offering a referral program valid between 09/01/2023 to 11/30/2023 or until reward program reaches the maximum cumulative reward payout of $100,000 to all eligible participants, whichever is earlier. Not valid with any other offers. Sammy Referral bonus may be taxable as interest income and reported on IRS Form 1099-INT. Please consult your tax advisor.
Referral Eligibility
Referred customers cannot currently be a primary or joint owner on any existing or previously closed Sammy account.
Referred customer's account must be in good standing.
Referred customer must spend a minimum of $100 from their account within the first 30 business days after the account is opened to meet qualifying conditions. Account qualification requirements apply.
Higo Inc. DBA Sammy, Synctera Inc., and Lineage Bank employees, volunteers, and family members are not eligible to refer friends for this promotional offer.
Referral Bonus
Account holders receive $10 for each new member they refer who opens a qualifying Sammy Account with a Sammy Mastercard® Debit Card. $10 bonus is credited to the Sammy Account within 7 business days after qualifying conditions are met. The maximum referral bonus is $200 per customer per calendar year.
Rights to Setoff
If you owe us any amount, you give us a security interest in your Higo Inc. DBA Sammy Account. You also give us the right, to the extent not prohibited by law, to set off against your funds to pay the amount owed to us. You agree that the security interest you have given us is consensual and is in addition to our right to setoff. If we exercise our right to set off, we will notify you to the extent required by law.
Taxes
You are responsible for reporting any required Account information to tax authorities and paying any taxes related to your Account.
Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Invalidated Provisions
If an arbitrator or court finds any provision of this Agreement to be invalid, you and Higo Inc. DBA Sammy agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of the Terms remain in full force and effect.
Arbitration
If an arbitrator or court finds any provision of this Agreement to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of this Agreement remains in full force and effect.
Please read these terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exceptions) that you submit claims you have against us binding and final arbitration. Furthermore, the following will apply:
You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative actions or proceeding
You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
You may not be able to have any claims you have against us resolved by a jury or in a court of law.
Dispute Resolution
Governing Law
This Agreement will be governed according to the laws of the State of Tennessee, and all activities performed in connection with our services will be deemed to have been performed in the State of Tennessee. Any controversy, dispute, or claim arising out of or relating to our services or this Agreement will be governed by and construed in accordance with the laws of the State of Tennessee, except the provisions concerning conflicts of law.
Disputes
If a dispute arises between you and Higo Inc. DBA Sammy, our goal is to learn about and address your concerns, so please send a message to [email protected] . If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly.
Arbitration
This section affects your rights. Please read carefully before agreeing to these Terms.
To resolve disputes in the most expedient and cost-effective manner, you and Higo Inc. DBA Sammy agree that any dispute arising in connection with our services will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief on an individual basis that a court can award.
Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of our services, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of our services. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of these Terms.
You understand and agree that, by entering into these Terms, you and Higo Inc. DBA Sammy are each waiving the right to a trial by jury or to participate in a class action in court or in arbitration.
We both agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, or (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.
Any arbitration between you and us will be governed by the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement. For information on the AAA, please visit its website, http://www.adr.org. Your arbitration filing fees will be governed by the AAA Rules. If it is determined by the arbitrator that you cannot afford such fees, we will pay all arbitration fees and expenses. If there is any inconsistency between any term of the AAA Rules and this Agreement, this Agreement will control.
Any arbitration hearings will take place at a location to be agreed upon in the State of Tennessee. You or Higo Inc. DBA Sammy may choose whether the arbitration will be conducted:
Solely on the basis of documents submitted to the arbitrator (ii)
Through a nonappearance based telephonic hearing; or (iii)
By an in-person hearing as established by the AAA Rules.
All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of both you and us.
You agree that you may bring claims against the other only in your capacity and not as a plainff or class member in any purported class or representative proceeding.
You agree that the enforceability of these arbitration provisions will be determined by the arbitrator as provided in the AAA Rules. You agree that the arbitration provisions of this Agreement in effect at the me of demand or action, and not the me of your or our alleged injury, will be the provisions that will be applied by the arbitrator or a court.
Except as otherwise agreed by the pares above, you agree that any claim that you have against us must be resolved by a court located in the State of Tennessee. You agree to submit to the personal jurisdiction of the courts located in Williamson County, for the purpose of litigating any claim.
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