FlexPay Terms

Summary of Terms

FlexPay Terms

FlexPay is an employer-integrated earned wage access service which enables eligible users to receive an advance based on a portion of their earned wages before their next scheduled payroll. Where your employer has enabled this service, eligible users can locate the FlexPay service within the Netchex platform. Within the FlexPay feature, you can select the amount from earned wages you would like to receive (“Advance”) and select the deposit account to which you would like the Advance to arrive.

If FlexPay is available to you, your use of FlexPay is optional and at your discretion. You are not required to pay any fees to use FlexPay or to stop using FlexPay. By using the FlexPay, you agree that these FlexPay Terms (“Terms”) constitute a binding contract between you and PayAccess Services LLC, a Netchex group company (“we”, “us”, “our”). These Terms govern your access to and use of the FlexPay Service. If you do not agree to these terms, you are not permitted to access or use the FlexPay Service.

In addition to the provisions below, these Terms incorporate the provisions of the Netchex Conditions of Use (https://netchex.com/conditions-of-use/) between you and Netchex as if entered into between you and PayAccess Services LLC. For clarity, this means that relevant provisions in the Conditions of Use shall govern our relationship; for example, the disclaimers of warranties and the limitations of liability set forth in the Conditions of Use shall apply to the FlexPay Service. You agree that the resolution of disputes with respect to your use of FlexPay Services shall be governed by the arbitration provisions as set forth in the Conditions of Use. To the extent the Military Lending Act applies to FlexPay services and you are a covered member under such Act, the arbitration provisions of the Netchex Conditions of Use may not apply to you, but only as to those claims that arise from your use of FlexPay.

1. Acceptance of Agreement; Eligibility

To use FlexPay, you continuously represent and warrant that you (1) are a legal resident of the United States of America; (2) are at least 18 years old, and (3) are in good standing with respect to the Netchex services.

Minimum requirements for eligibility to use FlexPay include but are not limited to: employer’s enablement of the FlexPay feature to their workforce; your residence in a state where the FlexPay feature is available; the capability of your bank or deposit account to receive real time payment transfers from our payment processor(s); and Netchex’s ability to collect time and attendance data to calculate your earned wages. We acquire time and attendance data from you or your employer, from your employer’s service providers, or from your continuous authorization to share your geolocation data with us for purposes of calculating hours worked. For account verification purposes, your selected deposit account must have received at least one standard payroll payment from your employer.

Your eligibility to use FlexPay is not dependent upon your credit worthiness, upon non-earned income, or upon your election to pay or not pay any optional fees, tips, or gratuities. We do not collect your credit information about you, we do not calculate or assess your credit worthiness, we do not collect any data or information regarding non-earned income or income from sources other than from your employer, and we do not make eligibility determinations based on any of the foregoing.

Other than as set forth above, we retain the sole right and discretion to change or set additional eligibility criteria or acceptable use rules at any time, to the fullest extent permitted by applicable laws. We may set frequency limits, transaction limits, and any lawful requirements from your employer into FlexPay. We retain sole right and discretion to monitor your usage and to set any requirements for fraud prevention purposes. We can share and display details and information to your employer regarding your use of FlexPay. The FlexPay feature may be suspended or discontinued at any time, by us or by your employer. You acknowledge that FlexPay is not available in all states or locations. By using the FlexPay Services, you accept these Terms.

2. The FlexPay Services

FlexPay is an option that enables you to request an advance (“Advance”) in an amount equal to a portion of net wages that you have earned from your employer but that have not yet been paid to you. The Advance is funded by PayAccess Services LLC, not by your employer. The Advance does not constitute a payment of wages to you. You are not required to pay any fees, charges, or tips to request standard delivery of an Advance. Advances will be delivered into the bank account, paycard, or bank deposit card selected by you at the time of your request. Amounts advanced to you, along with any applicable charges, fees, or tips, are repaid by payroll deduction from your paycheck. By using FlexPay and requesting an Advance, you authorize Netchex to deduct from your paychecks amounts that equal the Advance plus any expedited delivery fee or tips selected by you.

You represent to us that the amount you have selected for the Advance is at least equal to the amounts that you have earned, or that have accrued to your benefit, in exchange for your provision of labor or services to your employer, or on behalf of your employer, and that such amounts have not yet been paid to you at the time of your request.

2.1. Optional Fees

No fees or charges are required for you to access FlexPay, and you may cease your use of FlexPay without incurring a charge, fee, or penalty. If you elect to use the instant delivery option, an expedited delivery fee of up to $4.99 will apply per transfer. We will not charge you any interest, late fees, or penalties for using FlexPay or in relation to any Advance disbursed to you hereunder.

You have the option to select the delivery speed of your Advance. There is no fee for standard ACH delivery of your Advance, which may take up to 1-2 days. If you select the expedited delivery option, a delivery fee of up to $4.99 USD will be disclosed to you at the time of your request and will apply per expedited transfer. By selecting the instant delivery option, you agree to pay the disclosed fee and acknowledge that it may take up to thirty (30) minutes for the Advance to be delivered into your selected deposit account. You are not required to pay this fee to obtain an Advance because you can receive standard delivery of an Advance for no cost.

You acknowledge that any and all applicable fees, such as for expedited delivery per transfer, or for any tips or gratuity, are disclosed to you and can be voluntarily selected by you at the time you submit a request for an Advance. When you choose the option for faster delivery speed of the Advance, you agree that Netchex will charge the disclosed delivery fee for each expedited transfer.

2.2. Tips

We may at any time enable a feature in FlexPay for you to provide an optional and voluntary tip or gratuity. With regard to any feature that allows you to add a tip or gratuity when requesting an Advance, we acknowledge the following:

Tips and gratuity are voluntary. There is no default selection for tips or gratuity, unless it is set at zero. The FlexPay services, including the amount of the Advances you are eligible to request, the frequency with which Advances are available to you, and the level or cost of any service provided to you in connection with an Advance, are not contingent on whether you pay any tip or on the size of any tip.

2.3. Authorizations

You hereby authorize us to (a) disburse Advances requested by you into the deposit account or card selected by you; and (b) deduct from your paychecks amounts for repayment of the Advance and any applicable fees or tips selected by you, or any portion thereof (together, “Your Authorizations”). If you change your deposit account or add additional deposit accounts, paycards, bank cards, or debit cards, to the Netchex platform, you also authorize us to disburse requested Advances into such accounts as selected by you, on the same terms described in this section. You agree and represent that ACH transactions or expedited delivery transactions that you authorize comply with law.

To the extent permissible by applicable laws, your Authorizations include permission to deduct from any subsequent paycheck, including your final payment, for repayment of disbursed Advances and any applicable fees or tips selected by you. There may be times where the payroll deduction may be delayed or where the scheduled payroll deduction has partially repaid the disbursed Advance. Subject to applicable laws, Your Authorizations includes permission for us to make additional payroll deductions from subsequent paychecks until all of the disbursed Advances and applicable fees are repaid in full. Until Advances disbursements in prior pay periods are repaid, funds may not be available for you to request a new Advance.

By selecting a paycard, bank card, or debit card as your deposit account to receive Advances, you expressly authorize FlexPay and its payment and banking partners to transmit funds to the card credentials provided by you and to rely on such credentials for the purpose of processing your requests for Advances. We may require you to take steps to authenticate new accounts and reserve the right to deny at any time, for any reason, eligibility for any deposit account or card to receive Advances.

You authorize FlexPay and its payment providers to initiate correction entries, reversals, adjustments, offsets, or recovery transactions where funds were credited in error, duplicate payments occurred, the transaction involved fraud or misconduct, or recovery is otherwise permitted by law or applicable card-network rules.

2.4. No Obligation to Repay; No Recourse; No Fee-Sharing

We agree and acknowledge that: (1) except for repayment by payroll deduction as authorized by you, we have no legal or contractual right claim against you for repayment and will not pursue debt collection against you if repayment fails; (2) you do not promise to repay any Advance you receive; and (3) nothing in these Terms or any other agreement between us or authorization you provide to us shall be construed as constituting your obligation to repay any Advance or as constituting your indebtedness to us for repayment of the Advance. This means that you are not obligated to repay any Advance.

We expressly disclaim all legal or contractual claims or remedies, direct or indirect, against you with respect to repayment of an Advance in the event the payroll deduction process is insufficient to recover the full amounts of Advances disbursed.

We will not deduct repayment of Advances from your bank accounts. Other than taking payroll deductions as authorized by you and described herein, we will not engage in debt collection activities related to any Advance. We will not place an Advance as a debt with or sell it to a third party, and we will not report to a consumer reporting agency concerning an Advance.

We do not share any fees or tips collected from your use of FlexPay to your employer or to any third party. We also do not pay any incentives to your employer or to any third party in relation to your use of FlexPay.

3. General Provisions

You are not permitted and shall not use FlexPay in any manner that violates or would cause Netchex or your employer to violate federal or state wage and hour laws or minimum pay laws. By providing Your Authorizations for the transactions hereunder, you agree to release and hold harmless Netchex and your employer from wage and hour claims, or any other employment related claims, under any federal or state law in relation to your use of the FlexPay services.

Netchex will use your information within the Netchex platform to assess your eligibility to use the FlexPay Services, to communicate availability of the FlexPay services to you, and to provide transactional notices regarding your use of FlexPay. Netchex may share your information with us, our payment processors, and service processors to enable and optimize your use of FlexPay and to provide you with customer service. Since FlexPay is made available within the Netchex platform to eligible users, you acknowledge that the latest posted version of the Netchex Privacy Policy and the GLBA Privacy Notice applies to the FlexPay services.

These Terms constitute the entire understanding and agreement between you and us with respect to your use of FlexPay. Netchex is a third-party beneficiary of these Terms. You agree and accept that we or Netchex may enforce these Terms. Neither the course of conduct between parties, between you and Netchex, nor trade practice will act to modify any provision of these Terms.

The Terms are governed by the state of Louisiana, or to the extent required by applicable laws, these terms are governed by the state in which you reside. If you are a resident of South Carolina at the time that you use FlexPay, these Terms shall be governed by the laws of the State of South Carolina, excluding the conflicts of laws, as though these Terms were made and performed entirely within that State.

4. Contact Customer Service

If you have any questions, concerns, complaints, or requests about these Terms, please contact us at [email protected].

Residents of South Carolina may file a complaint with the Department of Consumer Affairs by telephone at (800) 922-1594 or 803-734-4200 or online via https://consumer.sc.gov/

Residents of Utah may file a complaint with the Division of Consumer Protection by telephone at (800) 721-7233 or online via https://services.commerce.utah.gov/dcp-complaint/.

Residents of California may file a complaint with the Consumer Financial Protection Bureau by telephone at (855) 411-2372 or (855) 729-2372 or online at https://www.consumerfinance.gov/complaint/.