flyp classic account
terms of use
Table of Contents
FLYP CLASSIC ACCOUNT AGREEMENT TERMS OF USE
These Terms of Use were last updated on May 18 2022.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE (“ARBITRATION PROVISION”) REQUIRING ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION AND WAIVING YOUR ABILITY TO PARTICIPATE IN CLASS ACTION LAWSUITS OR ARBITRATIONS. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 45 DAYS AFTER YOUR FIRST CARD PURCHASE.
AS A CONDITION OF THE ACCOUNT, YOU MUST CONSENT TO AND HAVE THE ABILITY TO RECEIVE ELECTRONIC DISCLOSURES. IF YOU WITHDRAW THAT CONSENT AT ANY TIME, WE WILL CLOSE YOUR ACCOUNT AND SEND YOU YOUR REMAINING ACCOUNT BALANCE AFTER ANY PENDING TRANSACTIONS HAVE CLEARED.
CUSTOMER SERVICE CONTACT INFORMATION:
Address: 10515 John J. Delaney Dr., Suite D-199, Charlotte, NC 28277
Website: www.flypMoney.com
Toll-Free Customer Service Number: 1-833-998-2146
The Flyp Classic Demand Deposit Account Agreement
This Flyp Classic Debit Card Demand Deposit Account Agreement ( “Agreement”) which includes the Fee Schedule, available on the Flyp App and in this Agreement, and any amendments or additional disclosures we may provide to you, is a contract between you, the accountholder, and Sutton Bank, an insured bank chartered under the laws of the state of Ohio (Sutton Bank or “Bank,” also referred to as “we” or “us”). Sutton Bank is not affiliated with Flyp Financial, Inc. (“Flyp”).
This Agreement states the terms and conditions governing your FDIC insured Flyp Classic Demand Deposit Account (“Account”), including the related debit card. The debit card may be either a plastic card or a number to be used in making remote transactions (in either case, the “Card”). The Account allows you to deposit funds into an FDIC insured bank account. The headings used throughout this Agreement are provided solely for your convenience, and do not define or modify the meaning of any term. Please keep a copy of this Agreement for future reference.
By signing up for a Flyp demand deposit account or by using the ACCOUNT IN ANY WAY, you agree to be bound by this Agreement. By activating YOUR Card or participating in the Flyp CLASSIC PROGRAM IN ANY WAY, YOU represent that you HAVE READ and understand THIS AGREEMENT and you agree to be bound by the terms and conditions of this Agreement AND OUR PRIVACY POLICY PLEASE VISIT www.flypmoney.com (the “website”) TO VIEW, PRINT, and save This agreement and https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf TO VIEW, PRINT, AND SAVE THE SUTTON BANK PRIVACY POLICY. If you do not agree to be bound by this Agreement, do not continue through the sign-up process and do not use the ACCOUNT. Please contact Flyp through www.flypMONEY.com/contact-us to cancel your account.
This Agreement is made under Ohio law and is subject to Ohio law and applicable federal law. If any portion of this Agreement is found unenforceable, the rest of the Agreement, without the unenforceable term or terms, will continue in full force and effect. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award.
Definitions
Below are some other important terms used in this Agreement:
“ACH” or “Automated Clearing House” refers to automatic payments transferred to your account through an automated clearing house network, including Direct Deposits.
“ATM” means an electronic teller machine at which funds can be withdrawn, account balance information can be viewed, and other permitted banking transactions can be performed.
“Available Balance” means the amount of money in your Account that is available for immediate use or withdrawal.
“Business Day” means Monday through Friday except federal holidays on which the Cleveland Federal Reserve Bank is closed for business.
“Card PIN” means the personal identification number that you assign to your Card using the Flyp App.
“Card Network” means the applicable payment card network brand.
“Check” means a legal document directing a bank to pay a specific sum of money to the named recipient upon demand.
“Direct Deposit” means a deposit made to your Account through an ACH network.
“Flyp” refers to Flyp Financial, Inc. and has the meaning given to that term in the Flyp Terms of Use located on the Flyp app.
“Flyp App” means the app offered and maintained by Flyp that allows you to send and receive funds.
“Flyp Coins” means the Flyp created currency a customer can win in the app when spinning the Flyp Rewards wheel. Flyp Coins can be used to buy items in the Flyp Store.
“Flyp Store” means the location on the Flyp App where customers can trade their FlypCoins in for a desired reward.
“You”, “your”, and “Accountholder” mean the person who submits an initial request for an Account and is authorized to use the Account as provided for in this Agreement.
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.
Fee Schedule For Flyp Card
| All Fees | Amount | Details |
|---|---|---|
|
Get started |
||
|
Card issuance/activation |
$0 |
Fee charged for activation of the card. |
|
Monthly usage |
||
|
Monthly fee |
$0 |
This fee will be deducted from your Card Account each month, beginning on the date of activation and each month thereafter on the anniversary date of activation. |
|
Add money |
||
|
Direct deposit |
$0 |
|
|
Cash reload |
$0 |
|
|
Spend money |
||
|
Card to card transfer |
$0 |
|
|
Bill payment |
N/A |
Bill pay is not available. |
|
Get cash |
||
|
ATM withdrawal (in-network) |
$0 |
“In-network” refers to the Money Pass ATM Network. Locations can be found within the Flyp App. |
|
ATM withdrawal (out-of-network) |
$2.50 |
This is our fee for “Out-of-network” access to all the ATMs outside of the Money Pass ATM Network. You may also be charged a fee by the ATM operator even if you do not complete a transaction. |
|
Information |
||
|
Customer service (automated) |
$0 |
Fee for each inquiry with a live agent. |
|
ATM balance inquiry (in-network) |
$0 |
“In-network” refers to the Money Pass ATM Network. Locations can be found at within the Flyp App. |
|
ATM balance inquiry (out-of-network) |
$0 |
“Out-of-network” refers to all the ATMs outside of the Money Pass ATM Network. You may also be charged a fee by the ATM operator even if you do not complete a transaction. |
|
Using Your Card Outside the U.S. |
||
|
International transaction |
N/A |
International transactions are not permitted.
|
|
International ATM withdrawal |
$0 |
This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction. |
|
International ATM Balance Inquiry |
$0 |
This is our fee. You may also be charged a fee by the ATM operator. |
|
Other |
||
|
Inactivity fee |
$0 |
|
|
Replacement card |
$5 |
One free replacement card per year. Then $5.00 charge for each subsequent replacement card ordered. |
Your funds are eligible for FDIC Insurance and will be held at, or transferred to, Sutton Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Sutton Bank fails if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
Contact Flyp by visiting www.flypmoney.com/contact-us, or via phone at 833-998-2146, or by mail at Flyp Financial, 15105 John J Delaney Drive, Suite D-199, Charlotte, NC 28277.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
Important Information about Opening an Account
USA PATRIOT Act Statement
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an Account, we will ask for your name, address, date of birth, taxpayer identification number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. We may also request additional identifying information and documentation from time to time in connection with your access to certain Account features, functionality, or services.
After your Account is opened, we may ask again to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Account if those specific documents are not provided. These measures are specifically designed to help us protect your identity and identify possible fraud on your Account.
Address and Name Changes
You are responsible for notifying us of any change in your name, physical address, phone number, mailing address, or email address. Requests for address or name changes may be subject to additional verification requirements. You may change this information by contacting us through www.flypMoney.com/contact-us or by calling Customer Service at 1-833-998-2146.
We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of your Account information to such individual.
Account Ownership and Use
Individual Ownership. You agree that your Account is owned solely by you, in your personal capacity, and not jointly or co-owned, or as trustee or custodian for anyone else. By accepting this Agreement, you agree and acknowledge that you do not have the ability to designate any beneficiaries, including in the event of your death. This means that if you die the funds in your Account will become part of your estate, and ownership of your funds will not transfer by operation of this Agreement. You further agree that to the fullest extent permitted by applicable law, you, or your estate in the event you die, will be liable for our legal expenses and other costs relating to any disputes regarding the ownership of your Account, which we may deduct from your Account without notice to you or your estate, as applicable.
Personal Use
Your Account is intended solely for your personal use, and you agree not to use it for any business purpose.
Representations and Warranties
By activating the Card or by retaining, using, or authorizing the use of the Account, you represent and warrant to us that:
- you are at least 18 years of age (or older if you reside in a state where the majority age is older).
- you are a U.S. citizen or lawfully residing in the U.S., Puerto Rico, or the District of Columbia (with a valid U.S. tax I.D.).
- you have provided us with a verifiable U.S. Street address (not a P.O. Box).
- the personal information that you provide to us in connection with the Card is true, correct, and complete.
- you received a copy of this Agreement and our Privacy Policy and agree to be bound by and to comply with its terms; and
- you accept the terms of this Agreement.
Disclaimer of Warranties
EXCEPT FOR ANY EXPRESS WARRANTIES WE PROVIDE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE ACCOUNT OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT IN YOUR ACCOUNT.
Depositing Funds to Your Account and FDIC Insurance
You acknowledge and agree that the value available in your Account is limited to the funds that you have loaded on your Account or that have been loaded to your Account on your behalf. You will not receive any interest on your funds in the Account. The Card is a debit card and can only be used to access value that you have previously loaded onto it. The Card is not a credit card, and your use of the Card will not enhance your credit rating.
You may deposit funds to your Account in the following ways and no other:
Green Dot Locations
Using in-store cash value load transactions. This type of load is subject to a fee of up to $5.95 charged by the Green Dot merchant, not Flyp or Sutton Bank. The maximum deposit via Green Dot is $500 and you can do a maximum of 5 Green Dot deposits per day. The maximum amount that can be deposited to your Account via Green Dot in a month is $5,000. Funds are typically available the same Business Day we receive the deposit.
Direct Deposit
By arranging to have all or a portion of your paycheck, government benefits payment, tax refund check, or other electronic funds transfer deposited to your Account using the Automated Clearing House system. Direct Deposits may be made on a one-time or a repeat basis based on the terms of your agreement with the party sending the Direct Deposit on your behalf. You may receive your paycheck, government benefits payment, tax refund check, or other electronic funds transfer up to two days early. If we receive your direct deposit information from your employer or the government prior to the designated payday, we will make your money available to you on the Account when we receive it, up to two days early. Direct Deposit Early Pay is subject to your employer and/or payer terms and conditions and the payer’s submission of deposits.
Bank Transfer
By arranging for the transfer of funds originating from a financial institution located in the United States. Depending on your Account load method, you should have access to the funds the same Business Day we receive the transfer.
You must load funds to your Account using one of the methods described in the preceding paragraph. We will not accept any checks, money orders, or cash mailed to us for deposit, or any inbound wire transfers to your Account. We are not liable for any checks, money order, or cash mailed to us, and you agree that we are not responsible for intended deposits that are not submitted in accordance with this Agreement. We reserve the right to reject any deposit for any reason, including due to possible fraud or other suspicious activity. Please consult the Fee Schedule to determine what fees will apply before making a deposit. The amount of fees, if any, may vary depending on the type of deposit you make.
FDIC Insurance
The funds in your Account are held in a pooled account at Bank. Those funds are eligible for FDIC insurance up to $250,000 on a pass-through basis and do not pay any interest. The availability of FDIC insurance is contingent upon FCTI maintaining accurate records and determinations of the FDIC as receiver at the time of a receivership if Bank should fail. Such coverage is subject to aggregation of all of your deposits held at Bank.
For further information about deposit insurance generally, you may write to the FDIC at 550 17th Street, N.W., Washington D.C. 20429, telephone the FDIC’s toll-free hotline at 877-275-3342, or visit its website at www.fdic.gov.
Deposit Limits and Maximum Permitted Account balance
You may deposit up to $7,500 per transfer up to a maximum permitted Account balance of $25,000 using any one method or combination of methods for making deposits described in the “Depositing Funds to Your Account” Section.
Funds Availability
Funds deposited in any of the ways described in the “Depositing Funds to Your Account” Section will generally be available for use on the Business Day we receive the deposit; provided, however, that we reserve the right to delay the availability of Direct Deposits to verify the external account from which the deposit is being sent or to collect payment of the funds. In addition, we will only provide provisional credit until collection is final for any deposit and may reverse a deposit (see the “Subsequent Reversals of Deposits” Section), even if you have already spent the funds.
If your employer or other sender of recurring Direct Deposits notifies us about a transmission error or other problem with their systems, your access to the affected deposit or deposits may be delayed. In general, you should have access to such funds within five (5) Business Days, depending on how quickly the problem is resolved.
Notice of Deposits
You will receive notice that a deposit has been credited on you next Account statement. You may also see whether a deposit has been credited by checking your Account balance using the Flyp App.
Subsequent Reversals of Deposits
If you make a Direct Deposit and the paying bank either fails to make payment or subsequently requests a return of the funds, including due to fraud, mistake, insufficient funds, or any other reason, we may subtract the funds from your Account even if you have already spent them. You agree to pay us the amount of any and all reversed or returned deposits by deducting the applicable funds from your Account. You further agree that we are not responsible for any adverse consequences you may suffer as the result of deposits being reversed or returned as described in this paragraph.
Overdrafts Are not Permitted
This Account does not allow you to have overdrafts and we may close your Account in our sole discretion if it becomes overdrawn for any reason or in any amount. This means that you are not permitted to create a negative Account balance, including by overspending using your Card. It is your responsibility to know whether you have sufficient available funds in your Account before using your card or authorizing a preauthorized debit. If a transaction exceeds your Account balance and causes your Account to be overdrawn, including because the retailer or merchant does not request authorization for a Card transaction or your available Account balance is insufficient to cover a preauthorized debit, you will be liable to us for the amount of that transaction. Your Account may also become overdrawn if a deposit is reversed. The amount of any overdrafts plus the amount of any overdraft fees will be deducted from your Account as soon as funds are available. If you fail to add promptly to your Account sufficient funds in the amount of any overdrafts and applicable overdraft fees, then to the fullest extent allowed by applicable law, you will be responsible for our reasonable costs incurred in collecting all amounts owed by you under this Agreement, including our reasonable attorney fees and costs. You may use your Account while it is in overdrawn status, and use will remain suspended until you have restored a positive Account balance.
Withdrawals
You may withdraw funds from your Account in the ways described below and no other. Please consult the Fee Schedule for the fees that may apply.
| Withdrawal Type | LImit | Frequency | |
|---|---|---|---|
|
Point-of-Sale (POS) Purchase Transactions. You may make POS purchase transactions using your Card. |
$5,000 |
Per purchase and per day |
|
|
|
$20,000 |
Per month |
|
|
Cash Back at (POS). You may receive cash in connection with a purchase transaction. |
$500
|
Per transaction and per day |
|
|
|
$2,000 |
Per month |
|
|
ATM withdrawals. You may withdraw funds using your Card at ATMs. |
$500 |
Per transaction and per day |
|
|
|
$2,000 |
Per month |
|
|
Account-to-Account Transfer. You may withdraw funds by transferring money to another outside account using your Card information. |
$500 |
Per transaction and per day |
|
|
|
$1,000 |
Per month |
|
|
Preauthorized debits. You may use the 13-digit number assigned to your Account in allowing preauthorized direct debits to be made to third parties from your Account, including merchants or Internet service or other utility service providers. You may also arrange to make recurring payments to Merchants using your 16-digit Card number. |
Up to your available Account balance |
Unlimited |
|
Electronic Communications/Electronic Signature
Your Consent
To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent
Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by calling 833-998-2146. If you withdraw your consent to receive Communications electronically, we will close your Card Account and return your remaining Card Account balance as set forth in this Agreement, and you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
Hardware and Software Requirements
In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
Copies of Communications
You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Paper Delivery of Communications
You have the right to receive Communication in paper form. To request a paper copy of any Communication at no charge, please write to Flyp Customer Service either on the Flyp App chat tool or a written letter to:
Flyp Customer Service
6510 South Millrock, Suite 300
Salt Lake City, UT, 84121
within 180 days of the date of the Communication, specifying in detail the Communication you would like to receive.
Address or Name Changes
You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.
We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.
Statements and Account Balance
You are responsible for keeping track of your Account balance. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction.
You may obtain information about the amount of money you have remaining in your Account by accessing your account on the Flyp App. We will make a monthly account statement available to you electronically for any monthly cycle in which you have transactions on your Account, and in no event less than on a quarterly basis. The specific dates covered by your account statement will be shown on the statement. This information, along with a 12-month history of account transactions, is also available. You also have the right to obtain at least 24 months of written history of account transactions by writing us at www.flypMoney.com/contact-us. If you require a paper copy of your statement, you may request it through the customer service contact information listed at the beginning of this Agreement.
Receipt of Card and Activation
Once you have successfully registered your debit Card, we will mail you a plastic, personalized Card with your name on it. We will mail the card to the mailing address we have on file. When you receive the personalized Card, you will need to activate it and choose a personal identification number, or PIN. You can do this by following the instructions that you will receive with the Card. Each personalized card issued to you must be signed immediately upon receipt. Cards may by activated by following the instructions in the Flyp App. YOU CANNOT USE YOUR PERSONALIZED CARD TO PERFORM TRANSACTIONS UNTIL YOU HAVE ACTIVATED YOUR PERSONALIZED CARD AND SELECTED A PERSONAL IDENTIFICATION NUMBER (“PIN”) PURSUANT TO THIS AGREEMENT.
The front side of each personalized card will have a stated expiration date. The card will expire, in accordance with applicable law, on that expiration date. If your Account is in good standing, we will issue you a new personalized card when your Card expires. Any personalized cards you may receive will remain our property and cannot be sold or transferred to anyone else. Cards may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. We may additionally revoke or suspend any Card features or services at any time without cause or notice. You cannot use your Card that if it has been revoked or has expired, and you must return your revoked Card to us upon demand. You are required to notify us promptly if your Card is lost or stolen.
Card Use
You may use your Card to purchase or lease goods or services anywhere Visa® debit cards are accepted. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card.
If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $75.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier.
If you use your Card at a restaurant, a hotel, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred.
Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase.
Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
Unauthorized Card Activity
Your Card is intended for personal use, and we may cancel your Card if we determine that it is being used for business purposes. You may not use your Card for any online gambling, escort services, or any illegal transaction. You specifically agree that you will not use your Card at unlawful domestic or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services. We reserve the right to block, suspend, or cancel your Card if, or block any Card transaction, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement. If we suspect your Card is being used for any unauthorized or unlawful purposes, you agree that we may immediately revoke your Card and close your Account. We may also suspend your Card temporarily in the event we detect unusual or suspicious activity. You agree that if we choose to exercise any of these rights, we will incur no liability to you.
Card Pin
You will select your PIN during the registration process when activating your card by accessing the Flyp App. Only one PIN will be issued for each Card. Never share your PIN with anyone. Do not write your PIN on your Card or keep your PIN with your Card. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the Section labeled “Your Liability for Unauthorized Transfers.”
Cards Refunds and Returns
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the Card.
If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days.
Neither the Bank, the Card Network, the Processor, Flyp, nor their respective affiliates, employees, or agents are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card or any damages resulting directly or indirectly from the use of the Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.
Fraudulent or Criminal Account Activity
We reserve the right to block, suspend, or cancel your Card if, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement. We may temporarily suspend your Card in the event we detect unusual or suspicious activity. If we exercise this right, we will incur no liability to you because of any resulting unavailability of the funds in your Account or your inability to use your Card.
Card Replacement
If you need to replace your Card for any reason, please contact us at www.flypMoney.com/contact-us to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc.
The first replacement card in each calendar year is replaced for no-fee. All other replacement card requests in that calendar year cost $5.00. This fee will be removed for your account upon issuance of the card.
We reserve the right to require an affidavit signed by you and investigate the validity of any request. It may take up to fifteen (15) days to process a request for a replacement Card although we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.
Card Expiration
The Card plastic is valid through the expiration date shown on the front of the Card, except where prohibited or modified by applicable law. The funds associated with the Card do not expire. You will not be able to use your Card after the expiration date; however, you may request a replacement Card at no cost to you by following the procedures in the Section labeled “Card Replacement.” The new Card will have a value equal to the remaining balance of the expired Card.
Foreign Currency Transactions
No foreign currency transactions are permitted on your Flyp card.
Receipts
You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.
Unclaimed Property
Applicable law may require us to report to state government authorities any funds remaining in your Account after a certain period of inactivity. In that event, we may try to contact you at the address shown in our records. If we are unable to contact you, we may be required to transfer any funds remaining in your Account to state government authorities as unclaimed property.
Confidentiality
We may disclose information to third parties about your Account or the transactions you make:
- Where it is necessary or helpful for completing transactions.
- In order to verify the existence and condition of your Account for a third party, such as a merchant.
- In order to comply with government agency, court order, or other legal or administrative reporting requirements.
- If you consent by giving us your written permission.
- To our employees, auditors, affiliates, service providers, or attorneys as needed.
- In order to prevent, investigate or report possible illegal activity.
- In order to issue authorizations for transactions on the Card.
- As permitted by applicable law; or
- Otherwise as necessary to fulfill our obligation under this Agreement.
Please see the Sutton Bank Privacy Policy, available at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf, for further details.
Our Liability for Failure to Complete
If we do not properly complete a transaction 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 funds available in your Account to complete a Card transaction.
- If a merchant refuses to accept your Card.
- If an ATM where you are making cash withdrawal does not have enough cash.
- If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction.
- If access to your Account has been blocked after you reported your Card lost or stolen.
- If there is a hold or your funds are subject to legal or administrative process or another encumbrance restricting their use.
- If we have reason to believe the requested transaction is unauthorized.
- If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- For any other exception stated in our Agreement with you or by applicable law.
Your Liability for Unauthorized Transfers
Lost or Stolen Card or Account Information
Contact us at once if you believe your Account credentials have been accessed without your authorization or your Card has been lost or stolen.
Call us at the Customer Service number 1-833-998-2146.
Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, call us at the Customer Service number 1-833-998-2146. We will inactive your Card and send you a replacement Card. In some cases, we may close your Account to keep losses down. Upon your request, we may provide you with a replacement Account.
Visa Zero Liability Policy
To the extent not covered in elsewhere in this Agreement, Visa’s Zero Liability Policy provides you with protection against unauthorized signature-based Visa Debit Card transactions (PIN transactions are not covered under Visa’s Zero Liability Policy) processed through the Visa network, including Internet and telephone purchases. If you suspect that your Visa Debit Card number has been lost or stolen, you may not be responsible for any unauthorized signature-based purchases if you report the theft promptly.
Statement Errors
If you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the Section labeled “Your Right to Dispute Errors.”
If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Account. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Assignment; Applicable Law; Severability
This Agreement will be governed by and interpreted in accordance with federal law and, to the extent federal law does not apply, by the laws of the State of Ohio. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with the use of the Card and this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award.
Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on our website at http://www.flypMoney.com and any such amendment shall be effective upon such posting to that website.
The current Agreement is available at www.flypMoney.com and on the Flyp App.
You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Account at any time. You may cancel this Agreement by returning the Card to us or contacting Customer Service. Upon cancellation of your Account, we will continue to honor Card transactions you have made up until your cancellation is processed in accordance with this Agreement, which may take up to forty-five (45) days following the cancellation of your Account, during which regular fees will apply. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Cancelled/Closed/Terminated Account
If your Account is cancelled, closed, or terminated for any reason, you may request the unused Account balance to be returned to you via a check to the mailing address we have in our records.
The Issuer reserves the right to refuse to return any unused balance amount less than $1.00. Any request for a return of funds shall be processed within a reasonable period after your request.
Overpayment
We reserve the right to deduct funds from your Account to correct a previous error or overpayment to you.
Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, call 1-833-998-2146.
Statement Errors
If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt call us at 1-833-998-2146 We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared.
You may request a written history of your transactions at any time by calling us at 1-833-998-2146 or at flypMoney.com. You will need to tell us:
- Your name, Account number, and Card number (if applicable)
- Why you believe there is an error, and the dollar amount involved
- Approximately when the error took place
If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not provisionally credit your Account.
Visa Zero Liability Credit to your account
Flyp, using the Visa Zero Liability program, will credit your Card within five (5) 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 to complete the investigation.
Investigation
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, we may take up to forty-five (45) days to investigate and close 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 to complete the investigation. If your account is new, within 30 days of the first deposit, and the error is due to an electronic transfer to or from the account we may take up to 20 days to review and provisionally credit your account.
New Card or Point-of-Sale transaction errors
For errors involving new Cards or POS transactions we may take up to ninety (90) days to investigate your complaint or question.
We will tell you about the results within three (3) business days after completing the investigation.
If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, contact us at www.flypMoney.com/contact-us.
Error Resolution Timeline
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If you notice your Statement has errors, notify Flyp within 60 days of the date you electronically accessed your Account or the date we sent the FIRST written history on which the error appeared |
If you do so verbally, we may ask that you also do so in writing within 10 days of phone call. |
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If we ask you to put your complaint in writing and you do not, we may not credit your account. |
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Flyp will then investigate |
It may take up to 10 days. For new accounts, the first deposit was within 30 days, errors in electronic transfers to or from the account it may take up to 20 days to research. |
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Flyp may need more time to investigate. |
We can take up to 45 days to complete our investigation. Customer Credit: While we work and you wait, we may credit your account for the possible error, so you have use of the funds. This may take 10 days. |
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If your error involves a new account or a point-of-sale transaction, notify Flyp immediately. |
Flyp may take up to 90 days to investigate. |
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Once the investigation is complete. |
Flyp will notify you within 3 days. |
No Warranty of Uninterrupted Use
From time-to-time Account services may be inoperative, and when this happens, you may be unable to use your Account or obtain information from your Account, including the available balance of funds associated with your Account. Please notify us at the Customer Service number stated below if you have any problems using your Account. You agree that neither the Bank, the Card Network, Flyp, nor any of their respective affiliates, employees, or agents are responsible for any interruption of service.
Website and App Availability
Although considerable effort is expended to make our website, application (“App”), and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, App updates, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
You agree to act responsibly with regard to our website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s systems and integrity.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
English Language Controls
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Customer Service
For customer service or additional information regarding your Account, please contact us at 1-833-998-2146 or at www.flypMoney.com/contact-us.
Customer Service agents are available twenty-four (24) hours a day, seven (7) days a week to answer your calls.
Telephone Monitoring/Recording
You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.
Section Headings
Section headings in this Agreement are for convenience of reference only and shall not govern the interpretation of any provision of this Agreement.
Entire Understanding
This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.
Arbitration Clause
You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.
Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Account, your usage of the Card, or transactions on the Account, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
We will pay all fees associated with administration of arbitration, including fees to commence the arbitration. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.
Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This Arbitration Clause shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity. If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
Solely for purposes of this Arbitration Clause, “We” or “Us” shall mean Sutton Bank, and its respective successors, affiliates, or assignees as well as any third party using or providing any product, service or benefit in connection with the Card.
You may reject this Arbitration provision by sending a written rejection notice to us at: www.flypMoney.com/contact-us.Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement.
Flyp Classic Debit Card is issued by Sutton Bank, member FDIC, pursuant to a license from Visa U.S.A. Inc. Visa is a registered trademark of Visa, U.S.A. Inc. All other trademarks and service marks belong to their respective owners.
This Cardholder Agreement is effective as of the Revision Date set forth above.
Change Log
5/2/22 – We update the Card Agreement to add FDIC Insurance paragraph of coverage, updates to the Short Form layout, the addition of Paper Delivery of Communication, the section on Statement Errors has the addition of the word “provisionally” when Flyp may provide a provisional credit to a customer’s account, and when researching a dispute Flyp added the reminder that for new accounts, where the first deposit was within 30 days, errors in electronic transfers to or from the account it may take up to 20 days to research.
