EasyUp Service Agreement and Disclosure
This EasyUp Service Agreement and Disclosure ("Agreement") is between KeyBank National Association (herein called “KeyBank” or "we" or "us" or "our") and our customers who subscribe to this Service. Our customers who access and use the Services are referred to in this Agreement as "you" or "your" regardless of number or gender. When you enroll in this Service on our Website or through our Mobile Application (“Mobile App”), such action constitutes your written signature to, approval of, and intent to be bound by, this Agreement and all future amendments hereto.
To activate the Service, you must first follow our enrollment procedures, selecting an eligible checking account and an eligible savings account for participation. Account eligibility is in KeyBank’s sole discretion. You must have a valid Social Security number or federal tax identification number listed on each account enrolled. Furthermore, by enrolling in this Service you have enrolled your Checking Account and your Savings Account on behalf of yourself and any other joint owners on these accounts. Any owner or legally authorized signer on an enrolled account may choose to unenroll that account at any time. By enrolling a joint account in this Service, you acknowledge and consent that we may share information on the enrolled accounts with any of your co-owners, even if they are not owners on both enrolled accounts.
For the purposes of this Agreement, the following terms shall be defined as follows:
Checking Account – The checking account that you selected during enrollment for participation in this Service, or any other eligible checking account that you may subsequently designate through your EasyUp Dashboard.
Savings Account – The savings account that you selected during enrollment for participation in this Service, or any other eligible savings account that you may subsequently designate through your EasyUp Dashboard.
EasyUp Dashboard – The online portal through which you view your EasyUp activity and manage your settings. The EasyUp Dashboard is accessible through our Website or Mobile App.
The financial services (the "Services") covered by this Agreement include, but are not limited to, one or more of the following:
- The transfer of funds from your Checking Account into your Savings Account;
- Any other transfers or transactions reasonably necessary for the Service to function, including the reversal of transfers where appropriate.
4. DAILY TRANSFERS TO SAVINGS ACCOUNT
On Business Days, KeyBank will transfer an amount from your Checking Account to your Savings Account (the “Daily Transfer”). The amount of the Daily Transfer will be equal to One Dollar ($1.00) per debit card transaction that posts to your Checking Account on that day. If there is more than one debit card linked to your Checking Account, activity from all debit cards linked to the Checking Account is included in the calculation of the Daily Transfer amount. In the event that a debit card transaction is posted to your Checking Account and later reversed for any reason, the corresponding Daily Transfer amount will remain in your Savings Account.
If the available balance in your Checking Account as of the Cutoff Time is greater than or equal to Fifty Dollars ($50.00) plus the amount of your scheduled Daily Transfer, the Daily Transfer will be completed as scheduled. If the available balance in your Checking Account as of the Cutoff Time is less than Fifty Dollars ($50.00) plus the amount of your scheduled Daily Transfer, the Daily Transfer for that day will be cancelled. The cancellation of your Daily Transfer on a particular day under these circumstances will not affect future Daily Transfers. Information on your current Daily Transfer as well as previously completed Daily Transfers is available in your EasyUp Dashboard as well as on your Checking Account statement and your Savings Account statement. You may also call 1-800-KEY2YOU for information on the status of any Daily Transfer.
The Daily Transfer will be completed after All Other Debits from your Checking Account have posted but before any Overdraft Protection Transfer or Bank Service Charges. For more information on Posting Order, please see the Deposit Agreement for your Checking Account.
It is possible for the Daily Transfer to cause your Checking Account to become overdrawn. You are responsible for managing your Checking Account balance; however, if the Daily Transfer is the sole cause of the overdraft on your Checking Account, you will not be assessed the standard Overdraft Fee. You may be assessed a Continuous Overdraft Fee if the overdraft is not remedied within the established time limit, currently five (5) Business Days. For more information on Overdraft, please refer to the Deposit Agreement for your Checking Account and our EFT Disclosure Statement. You also have the ability to pause the Daily Transfer if you would like to avoid an overdraft. For more information on pausing the Daily Transfer, please refer to the Section on Pausing the Service in this Agreement.
If you have a line of credit or credit card linked to your Checking Account as Overdraft Protection and your Daily Transfer causes your Checking Account to become overdrawn, it may trigger an advance pursuant to your credit agreement and you may incur fees and/or interest as a result. Please refer to the agreement for your credit card or line of credit, as applicable, for more information on when an advance will be made and any fees and/or interest that may be assessed. Again, you have the ability to pause the Daily Transfer if you would like to avoid an overdraft. For more information on pausing the Daily Transfer, please refer to the Section on Pausing the Service in this Agreement.
5. PAUSING THE SERVICE
You may pause the Daily Transfer at any time through your EasyUp Dashboard.
If you pause the Daily Transfer prior to the Cutoff Time, the pause will be effective immediately and the Daily Transfer will not be completed again until the pause is removed. If the Daily Transfer is paused after the Cutoff Time, the pause will be effective the following Business Day. When the pause is removed, the Daily Transfer will resume and all debit card transactions posted on that Business Day will be included in the Daily Transfer calculation. Please note that when a pause is removed, the Daily Transfer may include transactions that were initiated prior to the removal of the pause as the calculation of the Daily Transfer is based on the debit card transactions that post that day, regardless of when they were initiated.
6. CHANGING YOUR CHECKING ACCOUNT OR SAVINGS ACCOUNT
If you wish to change the Checking Account or Savings Account that is enrolled in the Service, you must un-enroll from the Service and re-enroll. You can un-enroll through your EasyUp Summary page.
7. AGREEMENTS AND DISCLOSURES
This Agreement supplements and modifies your deposit account agreements with us (the "Deposit Agreements") and incorporates by reference our Online Banking Service Agreement and Disclosure (the “Online Banking Agreement”). If there is any conflict between any term of any Deposit Agreement or our Online Banking Agreement and this Agreement, this Agreement shall control. Certain defined terms used herein are defined in other agreements referenced herein. As a deposit customer of KeyBank, you may have additional rights and duties under our "EFT Disclosure Statement", which is collectively our Electronic Funds Transfer Disclosure Statement or our Disclosure Statement and Terms and Conditions for Electronic Funds Transfer Transaction that was delivered to you when you opened your deposit account with us.
8. FEES AND CHARGES
There is no fee to use the EasyUp Service; however, regular account charges will still apply to your Checking Account and your Savings Account pursuant to the terms of your Deposit Agreements and our EFT Disclosure Statement. Exceptions: As discussed above, you will not incur a standard Overdraft Fee if your Daily Transfer directly causes your Checking Account to become overdrawn. Additionally, enrolling your Key Active Saver Account as your Savings Account will waive the Monthly Service Charge associated with that account as long as it continues to be enrolled. Please allow three (3) Business Days from enrollment of your Key Active Saver Account for the waiver to implemented.
9. AUTHORIZATION FOR DAILY TRANSFERSAND OTHER NECESSARY TRANSFERS
Upon agreeing to this Agreement, we will complete Daily Transfers and other necessary transactions as authorized. The following terms and conditions govern these transactions.
Transfer(s). You hereby authorize us to debit or transfer funds from your Checking Account to your Savings Account (the “Transfer”). You represent and warrant to us that you are the owner of the Checking Account and the Savings Account and are authorized to debit and transfer funds from such Accounts and that no other party needs to authorize such debits and transfers. We are not responsible for any instructions or information entered incorrectly.
Adequate Funds. You agree to ensure that your Checking Account has adequate funds to cover the Daily Transfer. You agree that we are not obligated to complete these Transfers in connection with this Authorization if you fail to maintain adequate funds to cover the Daily Transfer or if the other balance requirements outlined in this Agreement are not met. Furthermore, we shall not be liable for dishonor of checks or other items presented against your Checking Account and/or Savings Account due to insufficient funds caused by the completion of the Transfers authorized herein. You understand that unless your Daily Transfer was the sole cause of your overdraft, standard Overdraft Fees or insufficient fund charges may apply, as further described in our Deposit Agreements.
Transfer Date. You understand and agree that we will make, initiate, or otherwise attempt the Daily Transfer each and every Business Day on which a debit card transaction posts to your Checking Account, provided you have not paused the Daily Transfer. If the Daily Transfer falls on a weekend, holiday, or non-Business Day, you authorize us to make, initiate or otherwise attempt the transfer of funds on the next Business Day following the weekend, holiday or non-Business Day.
Recurring Transfer. You understand and agree that the Daily Transfer is recurring, automatic and preauthorized (a “Recurring Transfer”), you understand and agree that the amount of the Daily Transfer will be calculated as described in this Agreement. You may also monitor the amount of your Daily Transfer through your EasyUp Dashboard. Except as required by applicable law, you understand and agree that we will not provide prior notice of Recurring Transfers.
Processing Times. All Daily Transfers and Monthly Payments made, initiated or otherwise attempted within KeyBank pursuant to this Agreement are subject to the Hours of Operation and Cutoff Times disclosed in this Agreement, your Deposit Agreements and/or your Debt Account agreement, as applicable, as they may be amended from time to time. KeyBank makes no representations or warranties regarding the processing of Monthly Payments made, initiated or attempted to third party creditors pursuant to this Agreement.
Pausing or Cancelling. You may pause or cancel any Recurring Transfer you have scheduled through the EasyUp Dashboard before the Cutoff Time on the Transfer Date for the applicable Transfer. A pause or cancellation request submitted through your EasyUp Dashboard after the applicable Cutoff Time will not be effective until the following Business Day. Cancellation requests received by telephone will not be effective for three (3) Business Days. Pausing or cancelling a requested payment is not a stop payment order, and there is no service charge to pause or cancel.
Applicable Laws. You understand that the Transfer will be governed by any applicable laws, rules, regulations, fee schedules, and any other applicable agreement or disclosure, including, but not limited to, any applicable deposit account agreements or operating rules of the National Automated Clearing House Association.
Liabilities and Expenses. Except to the extent prohibited by applicable law, you must pay any liabilities, fees, costs or expenses KeyBank incurs in connection with the Transfer. You agree that you will be liable for all sums debited and transferred pursuant to this Authorization. You hereby release us and agree to defend and indemnify us from any and all claims, costs and damages which may arise out of any actions taken by us in relying upon and/or complying (or attempting to comply) with your electronic instructions under this Authorization, in making any transfer of funds pursuant to this Authorization, and taking any action or following any instructions.
10. KEYBANK HOURS OF OPERATION; CUTOFF TIMES
Business Days are Monday through Friday, except holidays. Transaction requests on Saturday and Sunday are considered Monday transactions, except if Monday is a holiday. The Services are available to you 24 hours a day except at times of Systems Unavailability. Requests received after the Cutoff Time will be processed on the next Business Day. "Cutoff Time" refers to, for the times stated below, local time at our KeyBank branch where your Checking Account is maintained, Monday through Friday, except holidays, unless otherwise stated: (1) for Daily Transfers: 7:00 p.m. local time. We may change any Cutoff Time without notifying you.
11. DISCLAIMER OF WARRANTIES; OUR RESPONSIBILITY AND LIMITATION OF LIABILITY
The Deposit Agreement, User Agreement, and our EFT Disclosure Statement describe our responsibility for completing electronic funds transfers and electronic payments, and our exceptions from liability for our failure to do so. WE WILL HAVE NO LIABILITY WHATSOEVER FOR FAILURE TO COMPLETE A PAYMENT OR TRANSFER YOU INITIATE OR ATTEMPT TO INITIATE THROUGH THE SERVICE UNDER ANY OF THESE CIRCUMSTANCES: (1) if the transfer or payment could not be completed due to Systems Unavailability or due to any circumstances beyond our control, including, without limitation, acts of God, any malfunction of your Internet access equipment, any internet virus, Trojan horse, worm or other hostile software code, or any problem that may be associated with your use of any Service or (2) if the payment was a tax payment, a court ordered payment or payment to a payee outside the U.S.A. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY ,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY SERVICE, PRODUCT, OR OFFER. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR WEBSITE OR ANY RELATED SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE OR RELATED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON OUR WEBSITE OR IN ANY RELATED SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR WEBSITE OR ANY RELATED SERVICES.
You may unenroll from the Service at any time through your EasyUp Dashboard. Unenrollment will cancel the Daily Transfer you have authorized. If your request submitted through your EasyUp Dashboard before the Cutoff Time, unenrollment will be effective immediately. Requests submitted through the EasyUp Dashboard after the Cutoff Time will be effective the next Business Day. You may also unenroll by calling 1-800-KEY2YOU, however requests received by telephone will not be effective immediately and will take up to three (3) Business Days to process.
We may cancel your access to all or any one of the Services without notice. If you do not wish to cancel your Service, you may alternatively pause your Daily Transfer. For more information on pausing, please see the Section on Pausing the Service above.
13. SYSTEMS UNAVAILABILITY
The Service may be unavailable when systems require maintenance or upgrades or major unforeseen events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone or other telecommunications service, electrical outages, civil unrest or riots, war, or acts or threaten acts of terrorism or other circumstances beyond our control. We shall have no liability for interruptions or delays in Services due to Systems Unavailability.
14. CHANGES TO AGREEMENT
Except as otherwise required by applicable law, we may add, remove, or otherwise modify any of the terms and conditions of this Agreement, its related services, and applicable fees and charges, at any time and without notice to you, and such changes will be effective immediately. This Agreement as revised will be posted on our Website at www.key.com, and we may send you written notice at your Email or postal address in our files. Your continued use of the Services after our sending any required notice, or posting such changes to this Agreement on this Website, will constitute your acceptance of, and agreement to be bound by, such changes to this Agreement. You agree that these procedures are acceptable to you to provide you with notice of changes to this Agreement. The revised Agreement will supersede the affected terms and conditions of this Agreement and shall apply to any activity or transaction previously or hereafter taken by you in connection with such Service, except new fees and charges shall apply prospectively only.
15. ASSIGNMENT OF THIS AGREEMENT
You may not transfer or assign this Agreement without our prior written approval, and any unauthorized assignment or transfer will be null and void. We may assign or transfer this Agreement at any time without notice.
16. WIRELESS EXPRESS CONSENT
By providing a telephone number for a cellular telephone, other wireless device, or a landline number that was later converted to a wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from KeyBank National Association and its affiliates and agents. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls regardless of their purpose. These calls and messages may incur access fees from your cellular provider.
17. RESTRICTIONS ON SERVICE
The Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. We may restrict the availability of the Service in any jurisdiction or country where such use would be contrary to U.S. law or regulation, or which is identified as presenting a high risk of fraud. Please call 1-800-KEY2YOU, or TTY/TDD at 800-539-8336, for the current list of countries where transactions are restricted.
18. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Ohio (without regard for conflict of law rules) and applicable federal law.
19. JURISDICTION AND VENUE
You agree and hereby submit to the exclusive personal jurisdiction and venue of the State courts and federal courts in Cuyahoga County, Ohio, with respect to all matters relating to your access to or use of the Service. You irrevocably consent to such jurisdiction and venue.
20. NON-WAIVER; SEVERABILITY; PARAGRAPH HEADINGS
We may decide not to enforce this Agreement or delay enforcing it in some circumstances or at some times. If we do so, you agree that we can still enforce this Agreement in the same circumstances at another time, in other circumstances or at other times. If any non-material term of this Agreement is declared invalid or unenforceable by any court, and the remaining terms of this Agreement are not materially affected, then this Agreement will be interpreted as if the invalid non-material terms had not been in place for this Agreement. Paragraph headings do not limit or define either party's rights or obligations.
21. ARBITRATION; WAIVER OF JURY TRIAL
Any claim arising out of or relating to this Agreement concerning any KeyBank deposit account that is enrolled under this Agreement, or any related Service, is subject to the terms and conditions concerning Arbitration and Waiver of Jury Trial described in our Deposit Account Agreement and Funds Availability Policy.