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Terms and Conditions of your Account

By subscribing to or using BankPurely®, a Division of Flushing Bank, you agree to the terms of this Agreement. Please read this Agreement carefully and print a copy for your records. In this Agreement, "you" or "your" refers to the person(s) subscribing to or using BankPurely, a division of Flushing Bank or anyone else with the authority to deposit, withdraw or exercise control over funds in an account, and "we", "us" or "our" refers to BankPurely, a Division of Flushing Bank.

Important information about procedures for opening a new account

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, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

Agreement

This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules, which control your account(s) with us. Please read this carefully. If you sign the e-signature card or open or continue to have your account with us, you agree to these rules. You will receive a separate schedule of rates, qualifying balances and fees if they are not included in this document. If you have any questions, please call or email us.

This Agreement is subject to applicable federal laws and, to the extent not preempted, the applicable laws of the state of New York (except to the extent that this Agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:

  • Summarize some laws that apply to common transactions;
  • Establish rules to cover transactions or events which the law does not regulate;
  • Establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
  • Give you the disclosures of some of our policies to which you may be entitled or in which you may be interested.

If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.

Electronic Communications

Certain laws require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this disclosure and obtain your consent to receive it electronically. Your consent will also apply to any other person named on your account, product or service, subject to applicable law. At times, we may still present you with paper disclosures, but as a basic proposition we need to know that you are willing to receive disclosures and other information electronically that otherwise must be provided on paper and that you have the hardware and software needed for access to this information.

After you consent to this disclosure, you will:

  • Have the right or option to have the information provided or made available on paper
  • Have the right to withdraw consent to receive the information electronically
  • After your consent, you may request, in writing, a paper copy of your disclosure at no charge to you

The procedure used to withdraw consent applies to all of your transactions or services during your relationship with the bank:

  • Subject to applicable law, you may withdraw your consent to the electronic communications by calling the appropriate toll-free customer service phone number
  • Your withdrawal of consent is effective only after you have communicated your withdrawal to us by calling the appropriate customer service number and we have had a reasonable period of time to act upon your withdrawal.
  • You will not be charged a fee for withdrawal of your consent including withdrawal of your consent should the bank change its hardware or software requirements

Hardware and Software Requirements

In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software to support the following requirements:

  • Access to the internet and the latest version of a supported browser.
  • For communications provided in PDF format, a current version of Adobe Acrobat Reader is required.

BankPurely is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider a time of download and installation.

Privacy

As a part of signing up with BankPurely, you will be asked to provide us information that will help us better serve your needs. No information is sold to third parties by BankPurely, or provided to any business that is not a partner of BankPurely or has been contracted by BankPurely to provide services relating to this Agreement. For more information read our full privacy policy agreement.

Liability

You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms and conditions of this Agreement and the schedule of charges. You authorize us to deduct these charges directly from the account balance as accrued. You will pay any additional reasonable charges for services you request not covered by this Agreement.

Each of you also agrees to be jointly and individually liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to your account. This liability is due immediately, and can be deducted directly from the account balance whenever the sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit including, to the extent permitted by law, our reasonable attorney's fees.

Deposits

Deposits may be made in several ways: 1) direct deposit (instructing a third party that makes periodic payments to you to deposit directly into your account); 2) calling us or using our website to electronically transfer funds from another account or 3) mailing us a check. Cash deposits are not permitted. It is your responsibility to insure that your deposit reaches us; and you inform us of the account to be credited. Otherwise, BankPurely will not be responsible for any loss that results. Any transaction that you conduct on Saturday, Sunday, a Federal holiday, or other days on which we are closed will be handled the following business day.

We may limit, refuse or return all or any part of a deposit without prior notice to you. We may return checks or cash that we receive for deposit into your account if we decide not to accept them. If a check or other deposit is returned to us unpaid or is otherwise charged back to us, we will deduct the amount of the check/deposit from your account. Funds will be available according to our funds availability schedule. You can only use available funds to make a payment.

Withdrawals

Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs in the space designated for signatures on the signature card or e-signature card may withdraw or transfer all or any part of the available, unrestricted account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person signing the signature card or e-signature card to endorse any item payable to you or your order of deposit to this account or any other transaction with us. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us, by any method we do not specifically permit, which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. If you were to physically write a paper check against your e-checking account, we may refuse to pay that check. Even if we honor a nonconforming request, we may treat continued abuse of the stated limitations (if any) as your act of closing the account. The fact that we may honor withdrawal requests that overdraw the available account balance does not obligate us to do so later. Funds will be available for withdrawal as set forth below under "Funds Availability Policy".

We may require not less than 7 days' notice in writing before each withdrawal from an interest-bearing account other than a time deposit, or from any other savings account as defined by Regulations D. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.

Ownership of Account and Beneficiary Designation

These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or the effect of ownership and beneficiary designations, except as they determine to whom we pay the account funds. Individual Account -is an account in the name of one person.

Joint Account - is owned by two or more persons. Deposits and any additions to the account are the property of the owners as joint tenants with right of survivorship. This means that we may release the entire account to any owner during the lifetime of all owners. We may honor withdrawal requests from any owner during the lifetime of all owners. We may be required to release money in the account to satisfy a judgment against or other valid debt incurred by one owner. We may honor withdrawal requests from any surviving owner after the death of any owner, and may treat the account as the sole property of the surviving owner(s). Unless an owner directs us by written notice not to honor the withdrawal request of an owner, we will not be liable for doing so. After we receive such a notice, we may require written authorizations of any or all joint owners for further payments or deliveries.

Telephone Transfers

A telephone transfer from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a savings and money market savings account to another account to a maximum of six per month (less the number of "preauthorized transfers" during the month). Other account transfer restrictions may be described elsewhere.

Amendments and Termination

We may change any term of this Agreement. Rules governing changes in interest rates are provided separately. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender the account balance to you by mail. Notice from us to any one of you is notice to all of you.

E-Statements

We will provide you with an e-statement monthly. Your e-statement will be available to you by visiting www.purelydigital.com/bankpurely  and logging on to your account. You must examine your e-statement of account with "reasonable care and promptness". If you discover (or reasonably should have discovered) any unauthorized transactions, you must promptly notify us of the relevant facts. For further information, please refer to the Error Resolution Notice below.

Setoff

You agree that we may (when permitted by law) set off the funds in this account against any due and payable debt you owe us or in the future, by any of you having the right of withdrawal, to the extent of such persons' or legal entity's right to withdraw. If the debt arises from a note, "any due and payable debt" includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note.

This right of offset does not apply to this account if : (a) it is an IRA or other tax-deferred retirement account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor's right of withdrawal only arises in a representative capacity, or (d) social security or supplemental security income payments are deposited into this account pursuant to an agreement with us which permits such direct deposit without presentation to you at the time of deposit. You agree to hold us harmless from any claim arising as a result of our exercise of our right to setoff.

Notice of Negative Information

Federal law requires us to provide the following notice to customers before any "negative information" may be furnished to a nationwide consumer-reporting agency. "Negative information" includes information concerning delinquencies, overdrafts or any form of default. This notice does not mean that we will be reporting such information about you, only that we may report such information about customers that have not done what they are required to do under our agreement. After providing this notice, additional negative information may be submitted without providing another notice. We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report.

Electronic Fund Transfers Your Rights and Responsibilities

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

Electronic Funds Transfers Initiated By Third Parties

You may authorize a third party to initiate electronic funds transfers between your account and the third party's account. These transfers to make or receive payment may be onetime occurrences or may recur as directed by you. These transfers may use the Automated Clearinghouse (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. In some cases, your authorization can occur when the merchant posts a sign informing you of their policy. In all cases, the transaction will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank account information (whether on the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic funds transfers.

Online Banking Computer Transfers -types of transfers and charges

You may access your account(s) by computer through the internet by logging onto BankPurely, using your User Name and password, to:

  • transfer funds between statement savings accounts, transfer funds between money market savings accounts
  • get information about:
  • the account balance of statement savings accounts, money market savings accounts and certificates of deposit
  • available account balance of statement savings accounts, money market savings accounts and certificates of deposit
  • deposits to checking, money market savings and statement savings accounts
  • withdrawals from checking, money market savings and statement savings accounts
  • ATM and Point of Sale transactions

Hours of Accessibility

You can access your account(s) through BankPurely, seven days a week, 24 hours a day. However, at certain times, some or all of BankPurely’s Online Banking may not be available due to system maintenance or other factors. During these times, you may opt to call the telephone banking facility to conduct your transactions. If a request to transfer funds through BankPurely’s Online Banking is completed before 10:00 PM on a Business Day, the transfer will be posted to your Account the same day. If a request to transfer funds is completed after 10:00PM on a Business Day or on a non-Business Day, the transfer will post to your Account the next Business Day.

Telephone Transfers -types of transfers, frequency and dollar limitations

You may access your account by telephone 24/7 by calling 1.844.8.PURELY using your social security number, and your PIN to get information about:

  • the last amount of your deposits to checking/savings/money market savings/ CD account(s)
  • the last amount of withdrawals from checking/savings/money market savings/CD account(s)
  • to transfer funds between your checking, money market savings and savings accounts

Please also see Limitations on frequency of transfers section regarding limitations that apply to telephone transfers.

Limitations on frequency of transfers

In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

  • Transfers from a Statement Savings account to another account or to a third parties by preauthorized, automatic, telephone, or computer transfer are limited to six (6) per month.

Fees

Except as indicated elsewhere, we do not charge for these electronic funds transfers.

ATM Transactions -Types of transfers, dollar limitations, and charges

You may access your account(s) by ATM using your BankPurely Debit Card (available to checking account holders only) ATM Card and personal identification number to:

  • get cash withdrawals from checking, savings and money market savings accounts using your debit card you may withdraw no more than $1000.00 per business day per card
  • using your ATM card you may withdraw no more than $1000.00 per business day per card
  • transfer funds from checking, money market savings or savings to checking, money market savings or savings account(s)
  • get information about: the account balance of your checking, money market savings and savings account (There will be a charge per inquiry at ATMs that are not part of the AllpointTM Network)

Types of BankPurely Debit Card Point-of-Sale Transactions

You may access your checking account to purchase goods, pay for services, get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.

Point-of-Sale Transactions -dollar and frequency limitations

Using your card:

  • you may not exceed $1,500.00 in transactions per day
  • the number of transactions per business day per card are unlimited up to the maximum dollar amount

Only owners of a CheckingPurely account are eligible to become a BankPurely Debit cardholder.

Card and Pin Security

To reduce the chance that a lost or stolen Card will be used by someone else, you agree not to write your PIN on the Card or to keep them in the same place. If you try to use a Card which has been reported lost or stolen, the ATM may capture (i.e. retain) your Card. If it does so, the Bank will not be liable to you for your failure to complete the attempted transaction.

ATM Unavailability

Should an ATM be unavailable at any time due to malfunction, repair, servicing, or any other reason, the Bank will not be liable to you for your failure to complete the attempted transaction.

Currency Conversion

When you use your Debit Card at a merchant that settles in currency other than US Dollars, MasterCard will convert the charge into a US Dollar amount. The MasterCard currency conversion procedure includes use of either a government-mandated exchange rate or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account.

Advisory Against Illegal Use

You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

ATM Operator/Network Fees

You have surcharge free access to your account at over 55,000 ATMS in all 50 states through our partnership with the Allpoint™ Network. When you use an ATM not in the network you may be charged a fee by the ATM operator or any network used. (You will be charged a fee for a balance inquiry even if you do not complete a funds transfer).

Documentation

  • Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may or may not get a receipt if the amount of the transfer is $15 or less, depending on the law of the state in which the transaction is conducted.
  • Periodic Statements -You will get a monthly account statement for your CheckingPurely, SavingPurely, PurelyMoneyMarket account and PurelyCD account.

Preauthorized Payments

  • Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:

Call or write us at the telephone number or address listed below in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we require you to put your request in writing and get it to us within 14 days of your call.

  • Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
  • Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Financial Institution Liability

Liability for failure to make transfers.

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreements with you.

Confidentiality

We will disclose information to third parties about your account or the transfers you make:

  • where it is necessary for completing transfers; or
  • in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  • in order to comply with government agency or court orders; or
  • as explained in the separate Privacy Disclosure.

Unauthorized Transfers

(a) Consumer liability

  • Generally. Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days, you can lose no more than $50 if someone used your password without your permission. (If you believe your password has been lost or stolen, and you tell us within 2 business days after you learn of the loss of theft, you can lose no more than $50 if someone used your password without your permission.)

If you do NOT tell us within 2 business days after you learn of the loss or theft of your card or password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.

Also, if your e-statement shows transfers, including those by card that you did not make, tell us at once. If you do not tell us within 60 days after the eStatement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

Additional Limits on Liability for Debit Card when used for point of sale transactions

You will not be liable for any unauthorized transactions using your Debit Card when used for point-of-sale transactions, if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, (ii) you have not reported to us two or more incidents of unauthorized use within the prior twelve-month period, and (iii) your account is in good standing. If any of these conditions are not met, your liability is the lesser of $50 or the amount of money, property, labor, or services obtained by the unauthorized use before notification to us. “Unauthorized use” means the use of your debit card by a person other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by MasterCard.

(b) Contact in event of unauthorized transfer. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, e-mail, call or write us at the telephone number or address listed in this Agreement.

Error Resolution Notice

In case of errors or questions about your electronic transfers, email, call or write us at the telephone number or address listed in this Agreement, as soon as you can, if you think your e-statement or receipt is incorrect or if you need more information about a transfer listed on your e-statement or receipt. We must hear from you no later than 60 days after we send the FIRST e-statement on which the problem or error appeared.

  • Tell us your name and account number
  • Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was not error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

BankPurely
P.O. Box 9000
East Meadow, NY 11554
Attention: BankPurely claims

CheckingPurely Account

Account Description - The CheckingPurely account is an interest bearing checkless checking account.

Rate Information - Your interest rate and annual percentage yield may change. This is a variable rate account. Our account rates are available at www.purelydigital.com/bankpurely/checking-purely/

Frequency of rate changes - We may change the interest rate on your account at any time.

Determination of rate - At our discretion, we may change the interest rate on your account.

Compounding and crediting frequency - Interest will be compounded every day. Interest will be credited to your account monthly.

Effect of closing an account - If you close your account before interest is credited; you will not receive the accrued interest.

Minimum balance to open the account - You must deposit $1.00 to open this account.

Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of interest on noncash deposits - Interest begins to accrue on the day you deposit noncash items.

For transaction account holders - This account consists of a checking sub account and a savings sub account. The bank may periodically transfer funds between these two sub accounts. On a sixth transfer during a calendar month, any funds in the savings sub account will be transferred back to the checking sub account. If your Account is a type on which interest is paid, your interest calculation will remain the same. Otherwise, the savings sub account will be non-interest bearing. The saving sub account will be governed by the rules governing our other savings accounts. This process will not affect your available balance, the interest you earn, FDIC insurance protection, or your monthly statement.

Fees may reduce earnings. Please refer to our fee schedule for additional information about charges.

SavingPurely

Rate Information - Your interest rate and annual percentage yield may change. This is a variable rate account. Our account rates are available at www.purelydigital.com/bankpurely/saving-purely/

Frequency of rate changes - We may change the interest rate on your account at any time.

Determination of rate - At our discretion, we may change the interest rate on your account.

Compounding and crediting frequency - Interest will be compounded every day. Interest will be credited to your account monthly.

Effect of closing an account - If you close your account before interest is credited; you will not receive the accrued interest.

Minimum balance to open the account - You must deposit $1.00 to open this account.

Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of interest on noncash deposits - Interest begins to accrue on the day you deposit noncash items.

Transaction Limitations - Transfers from statement savings account to another account or third parties by preauthorized, automatic, telephone, or computer transfers are limited to six per month.

Fees may reduce earnings. Please refer to our fee schedule for additional information about charges.

PurelyMoneyMarketTM

Rate Information - Your interest rate and annual percentage yield will vary with the account balance and be subject to change at our discretion at any time without notice. This is a variable rate account. Our account rates are available at  www.purelydigital.com/bankpurely/purely-money-market.

Frequency of rate changes - We may change the interest rate on your account at any time.

Determination of rate - At our discretion, we may change the interest rate on your account.

Compounding and crediting frequency - Interest will be compounded every day. Interest will be credited to your account monthly.

Effect of closing an account - If you close your account before interest is credited; you will not receive the accrued interest.

Minimum balance to open the account - You must deposit a minimum of $25,000 to open this account and to receive the preferred rate on your money market account.

Maximum Balance - The maximum balance for this account is $500,000.

Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of interest on noncash deposits - Interest begins to accrue on the day you deposit noncash items.

Transaction Limitations - Transfers from statement money market account to another account or third parties by preauthorized, automatic, telephone, or computer transfers are limited to six per month.

Fees may reduce earnings. Please refer to our fee schedule for additional information about charges.

PurelyCD

Rate Information - Our account rates are available at www.purelydigital.com/bankpurely/purely-cds/..

Compounding Frequency - Interest will be compounded every day.

Crediting Frequency - Interest will be credited to your account every month.

Effect of closing an account - If you close your account before interest is credited; you will not
receive the accrued interest.

Minimum balance to open the account - You must deposit $1000.00 to open this account.

Minimum balance to obtain the annual percentage yield disclosed - You must maintain a minimum balance of $1000.00 in the account each day to obtain the disclosed annual percentage yield.

Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of interest on non-cash deposits - Interest begins to accrue on the day you deposit noncash items.

Transaction Limitations:
You may not make deposits into your account before maturity. You can only withdraw interest credited to your account before maturity without penalty. You can withdraw interest anytime during the term of the certificate of deposit after it is credited to your account. IRS rules and regulations apply to all Individual Retirement Accounts.

Early withdrawal penalties (a penalty may be imposed for withdrawals before maturity). Penalty may reduce principal.

  • If your account has an original maturity of three months to less than one year: The fee we may impose will equal three months simple interest on the amount withdrawn subject to penalty.
  • If your account has an original maturity between one year and less than three years: The fee we may impose will equal six months simple interest on the amount withdrawn subject to penalty.
  • If your account has an original maturity between three years and less than seven years: The fee we may impose will equal one-year simple interest on the amount withdrawn subject to penalty.
  • If your account has an original maturity of seven years or greater: The fee we may impose will equal the loss of either all interest earned on the amount withdrawn or half the interest amount that would have been earned on the amount withdrawn during the entire term of the certificate, whichever is greater.

In certain circumstances such as the death or incompetence of an owner of this account, the law permits, or in some cases requires, the waiver of the early withdrawal penalty.

Withdrawal of interest prior to maturity - The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.

Automatically renewable time account - This account will automatically renew at maturity. You may prevent renewal if you withdraw the funds in the account at maturity (or within any grace period mentioned below) or we receive written notice from you within any grace period mentioned below. We can prevent renewal if we mail notice to you at least 30 calendar days before maturity. If either you or we prevent renewal, interest will continue to accrue after the final maturity for up to seven calendar days. The interest rate will be the prevailing renewal rate in effect immediately at maturity. Each renewal term will be the same as the original term, beginning on the maturity date. The interest rate will be the prevailing renewal rate on the maturity date, which has the same term and minimum balance (if any) as the original time deposit. You will have seven calendar days after maturity to withdraw the funds without a penalty.

Common Features
We may require not less than 7 days' notice in writing before each withdrawal from an interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. Withdrawals from a time account prior to maturity or prior to any notice may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.

Fees may reduce earnings. Please refer to our fee schedule for additional information about charges.

Funds Availability Policy

Your Ability to Withdraw Funds

This policy statement applies to savings and checking accounts. Our policy is to delay the availability of funds from your cash and check deposits. During the delay, you may not withdraw the funds in cash and, for transaction accounts; we will not use the funds to pay checks that you have written.

Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

Determining The Availability of a Deposit

The length of the delay is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays, and federal holidays. The length of the delay varies depending on the type of deposit and is explained below.

Transaction Accounts

Same Day Availability

Funds from electronic direct deposits to your account will be available on the day we receive the deposit.

Next Day Availability

Funds from checks drawn on Flushing Bank are available on the first business day after the day of your deposit. Funds from deposit of ACH (automatic clearing house) transactions will be available on the first business day after the day of your deposit. International wire transfers will not be accepted.

Your deposit of cashier's, certified, teller's, federal, state and local government checks will be available on the first business day after the day of your deposit. Any other check deposit will be available according to the provision below entitled “Other Check Items.” U.S. Treasury Checks are not accepted. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our 3:00pm "daily cutoff time" on a business day we are open as if initiated on the following business day that we are open.

Other Check Items

Our policy is to make funds from other checks available as follows:

The first $225 from a deposit of checks that are subject to Second-Day Availability will be available on the first business day after the day of your deposit. The remaining funds will be available on the second business day after the day of your deposit.

Longer Delays May Apply

  • Funds you deposit by check may be delayed for a longer period under the following circumstances:
  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,525 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of computer or communications equipment.
  • We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the 7th business day after the day of your deposit.
  • If you have any questions on Funds Availability please contact the BankPurely Solutions Center at 1.844.878.7359, or email us at customerservice@bankpurely.com

Time Accounts

Our policy for time accounts is to delay the availability of funds as follows:

  • Checks drawn on an institution located in the same city as you made your deposit will be available for cash withdrawal and to pay checks you have written to others on the fourth business day after the day of deposit if we use the same clearing facility as the institution the check is drawn on.
  • Checks drawn on an institution located in the State of New York but to which paragraph 1 above does not apply will be available for cash withdrawal on the 3rd business day after the deposit.
  • Checks drawn on an institution located out of the state of New York will be available for cash withdrawal on the ninth business day after the day of deposit.
  • Funds from the deposit of checks in the amount of $100 or less, checks drawn on Flushing Bank or one of our New York Branches, and State of New York and local government checks payable to you are available for cash withdrawal on the second business day after the day of deposit.

If you have any questions on Funds Availability please contact BankPurely Customer Service at 844.878.7359, or email us at customerservice@bankpurely.com.

Online Banking & Fees

1. Meaning of Certain Words

The following terms have the meanings described herein:

Account: A bank account or Deposit Account, you have or may have at BankPurely that you have designated for access under the Services and which is an Eligible Account. Each of your Accounts at BankPurely are also governed by the applicable Account Disclosure Statement.

Account Disclosure Statement: BankPurely standard terms and conditions that apply to the applicable Account.

Agreement: This Agreement, all supplements hereto and all other agreements referred to herein or incorporated by reference herein.

Available Balance: Balance in an Account after crediting only those deposits that have been collected and made available to you by BankPurely.

Bank, We, Us: BankPurely, a Division of Flushing Bank.

Business Day: Any day other than a Saturday, Sunday or a Federal Holiday.

Deposit Account: An account that you have designated for access to BankPurely Online Banking Services which is an Eligible Account.

Eligible Account: Any statement savings or certificate of deposit account to which we allow access to the BankPurely Online Banking Services.

BankPurely Business Address: The address listed under BankPurely Contact Information or such other address that BankPurely shall designate from time to time.

BankPurely Online Banking: Utilization of the Services under this Agreement to conduct online banking transaction(s) through the BankPurely website by means of the use of a computer, Web Browser, User Name and Password.

BankPurely Online Banking Services: The Services described herein that are provided to approved BankPurely customers under this Agreement to enable such customers to conduct the banking transactions described herein through the BankPurely Website.

BankPurely Telephone Number: The telephone number that BankPurely shall designate from time to time.

BankPurely Website: The website established by BankPurely, a Division of Flushing Bank, on the Internet having the URL address indicated under BankPurely Contact Information.

Password/Pin Code: The initial personal identification (PIN) code is mailed to you after account opening. You will be prompted to change that PIN and select a password when you log in to access your accounts through BankPurely Online Banking. You must have the password/pin code to conduct BankPurely Online Banking transactions.

Services: The BankPurely Online Banking Services and other services available hereunder.

Statement Account: A savings account for which transaction activity is reported to the account holder on a periodic statement.

Statement Balance: The balance in an Account after crediting all deposits (including deposits that have not yet been collected by BankPurely) and deducting all withdrawals.

URL: Uniform Resource Locator. The URL is address used to define the location of a resource on the Internet.

User Name: The user name or number assigned to you by BankPurely that will allow you to access your Accounts using BankPurely Online Banking. This User Name can be changed after initial login to BankPurely Online Banking.

Web Browser: The versions of the commercially available application programs that have been approved by BankPurely for use with BankPurely Online Banking to look at and interact with all the information on the Internet and the World Wide Web, including the information contained on the BankPurely Website. Web Browsers use the Hypertext Transfer Protocol to make request of Web Servers throughout the Internet on behalf of the browser user.

You and Your: Each person who is authorized to have access to your Account(s) through BankPurely Online Banking in accordance with the terms of this Agreement.

2. Types of Available Transfers and Services

You may use BankPurely Online Banking Services to do the following:

  • Balance Inquiries: Inquire as to the balance, including the Available Balance, in your Account and obtain Account activity information for your Accounts. You can obtain balance and recent transaction history (up to 180 days) on all Accounts that are enrolled in BankPurely Online Banking. Account balance and transaction history reflects activity through the close of the previous Business Day.
  • Transfer Funds: Transfer funds between your qualifying BankPurely Accounts on either a one-time or a recurring basis (subject to the legal restrictions).
  • eStatements: You must be an BankPurely Online Banking user in order to receive eStatements. You will receive a monthly eStatement showing all account activity, except for IRA accounts which will present twice a year (April & December). You will receive an e-mail notification when your statement is available for reviewing through our BankPurely Online Banking session. Access to these eStatements will be password protected via your BankPurely sign-on for your security and protection.
  • New Services: BankPurely may, from time to time, introduce new BankPurely Online Banking Services. Such services generally will be made available to you and utilization of these new services constitutes agreement to be bound to new conditions required by BankPurely with respect to those services.

3. Certain Account Transfer Restrictions

Transfers of funds from Accounts are subject to the restrictions contained in the applicable Account Disclosure Statement. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

4. Requirements

To access your Account(s) through BankPurely Online Banking, you must have an Eligible Account and a Password. In addition, you must have the required software.

5. Hours of Accessibility

You can access your Account(s) through BankPurely Online Banking seven days a week, 24 hours a day. However, at certain times, some or all of BankPurely Online Banking may not be available due to system maintenance or other factors. During these times, you may opt to call the telephone banking facility to conduct your transactions. If a request to transfer funds through BankPurely Online Banking is completed before 10:00 p.m. on a Business Day, the transfer will be posted to your Account that same day. If a request to transfer funds is completed after 10:00pm on a Business Day or on a non-Business Day, the transfer will post to your Account the next Business Day.

6. Your Password

  • Your Password acts as your signature. You can change your Password at any time for your protection. You should memorize your Password and not keep any notation of your Password on or with your computer.
  •  YOU AGREE NOT TO ALLOW ANOTHER PERSON TO USE YOUR PASSWORD AND NOT TO GIVE YOUR ACCOUNT NUMBER(S) OR PASSWORD TO ANYONE. If you do you will be responsible for any money withdrawn or transferred from your Account(s) when such person uses your Password.
  • You agree that if your Password is lost, misplaced or stolen, or if you believe that someone has transferred or may transfer money from your Account(s) without your permission, you must notify BankPurely at once by emailing or calling BankPurely customer support at the number listed in the BankPurely online Agreement. In addition, you must follow up your email or call by writing to us within ten (10) days at the address listed in the BankPurely online Agreement.
  • For your protection, we are asking that you change your online Password regularly and require you to change it every 180 days.
  • Your role is extremely important in the prevention of any wrongful use of your Account(s). You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately e-mail or call BankPurely customer support.
  • In addition to protecting your Password and Account information, you should take precautions with your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your Account(s) may allow unauthorized access to your Account(s). It is your responsibility to protect personal information with the same level of care that you protect your Password and Account information.
  • Touch ID® allows you to use your fingerprint to log in securely instead of entering your username and password on supported versions of iPhone®. If you enable Touch ID within the BankPurely Mobile app, every person with an enrolled fingerprint on your enabled device will have access to your account. It is your responsibility to review the enrolled fingerprints to make sure that each person is authorized to access Mobile Banking or to delete any enrolled fingerprint of any person you do not want to have access to your account.

7. Electronic Funds Transfers

Electronic Funds Transfers Initiated By Third Parties

You may authorize a third party to initiate electronic funds transfers between your Account(s) and the third party's account. These transfers to make or receive payment may be onetime occurrences or may recur as directed by you. These transfers may use the Automated Clearinghouse (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. In some cases, your authorization can occur when the merchant posts a sign informing you of their policy. In all cases, the transaction will require you to provide the third party with your Account number and bank information. Thus, you should only provide your bank account information (whether on the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic funds transfers.

Limitations on frequency of transfers

In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

  • Transfers from a statement savings account/money market savings account to another account or to a third parties by preauthorized, automatic, telephone, or computer transfer are limited to six (6) per month.

Fees

Except as indicated elsewhere, we do not charge for these electronic funds transfers.

Telephone Transfers - types of transfers, frequency and dollar limitations - You may access your Account by telephone 24/7 on 844.878.7359 using your Account number, your PIN, and your social security number to get information about:

  • the last amount of your deposits to savings / money market savings / CD account(s)
  • the last amount of withdrawals from savings / money market savings / CD account(s)
  • to transfer funds between your savings accounts

Documentation

Periodic Statements - You will get a monthly account eStatement for your statement savings account, money market savings account or certificate of deposit account. IRA accounts will receive 2 statements annually.

Preauthorized Payments

  • Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here is how:

Call or write us at the telephone number or address listed below in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we require you to put your request in writing and get it to us within 14 days of your call.

  • Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
  • Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Financial Institution Liability

Liability for failure to make transfers. If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your Account to make the transfer.
  • If the system was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreements with you.

Confidentiality

We will disclose information to third parties about your Account or the transfers you make:

  • where it is necessary for completing transfers; or
  • in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  • in order to comply with government agency or court orders; or
  • as explained in the separate Privacy Disclosure.

Unauthorized Transfers

Consumer liability

Tell us AT ONCE if you believe your online Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within 2 business days, you can lose no more than $50 if someone used your online Password without your permission. (If you believe your online Password has been lost or stolen, and you tell us within 2 business days after you learn of the loss of theft, you can lose no more than $50 if someone used your online Password without your permission.)

If you do NOT tell us within 2 business days after you learn of the loss or theft of your online Password, and we can prove we could have stopped someone from using your online Password without your permission if you had told us, you could lose as much as $500.

Also, if your eStatement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the eStatement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

Contact in event of unauthorized transfer. If you believe your online Password has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, call or write us at the telephone number or address listed below.

Error Resolution Notice

In case of errors or questions about your electronic transfers call or write us at the telephone number or address listed below, as soon as you can, if you think your eStatement is incorrect or if you need more information about a transfer listed on your eStatement. We must hear from you no later than 60 days after we send the first eStatement on which the problem or error appeared.

  • Tell us your name and Account number
  • Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

Days if the transfer involved a new Account) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new Account) to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 Business Days (20 Business Days if the transfer involved a new Account) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account. Your Account is considered a new Account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this Account is opened.

We will tell you the results within three Business Days after completing our investigation. If we decide that there was not error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

BankPurely
P.O. Box 9000
East Meadow, NY 11554
Attention: BankPurely claims

8. Liability for Unauthorized Transfers and Advisability of Prompt Reporting

Please tell us AT ONCE if you believe your BankPurely Account number or your Password has been lost or stolen. Notifying us by e-mail or telephone as soon as possible is the best way of limiting your losses. You could lose all of the funds in your Account(s).

  • If your Account statement shows transfers or other transactions that you did not make, notify us at once. If you receive an Account statement showing an BankPurely Online Banking transaction that you did not make and you do not tell us within (60) days after the paper or online statement was sent to you, you may not get back any money you lost after the sixty (60) days is we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, such as extended travel or hospitalization, we may extend the time periods.
  • If you believe that someone has made or may make a BankPurely Online Banking transaction to or from your Account(s) without your permission, e-mail or call the BankPurely Telephone Number or write BankPurely Online Banking customer support at the BankPurely Business Address.
  • If your Password has been compromised and you tell us within two (2) Business Days after you learn of the loss or theft, the most you can lose is $50. If you do NOT notify us within two (2) Business Days after learning of the loss or theft, and we could have stopped the perpetrator from using your Password, you could lose as much as $500.

9. Flushing Bank's Liability for Failure to Make BankPurely Online Banking Transactions

a) If we do not complete an BankPurely Online Banking transaction on time or in the correct amount according to this Agreement, we will be liable for your actual and proven losses or damages caused by such failure but not for any special or consequential damages, unless required by applicable law. However, there are some exceptions. We will not be liable, for instance:

b) If your computer malfunctions:

c) If the Web Browser or the processing center of BankPurely or its agent that is used for BankPurely Online Banking is not working properly and you knew or were advised by BankPurely or its agent about this when you made the BankPurely Online Banking transaction;

d) If circumstances beyond our control (such as fire, flood, computer failure, interference from an outside force, or improper transmission or handling of payments by a third party) prevent the BankPurely Online Banking transaction from being properly made or completed despite reasonable precautions taken by us;

e) If your Password or BankPurely Online Banking Account number has been reported lost or stolen or we have reason to believe that the BankPurely Online Banking transaction is unauthorized;

f) If your BankPurely Online Banking Account or BankPurely Online Banking privileges have been suspended;

g) If there are other exceptions stated in the Account Disclosure Statement or other agreements between you and BankPurely;

h) If the transaction would create an overdraft in your Account;

i) If there is a dispute about the Account, or BankPurely has been ordered to pay to, or hold for, someone else the money in your Account;

j) If the funds in your Account are subject to legal process or other encumbrances restricting such transfer;

k) If a legal order directs us to prohibit withdrawals from the Account;

l) If your Account is closed or if it has been frozen;

m) If you, or anyone you allow, commits any fraud or violates any law or regulation;

n) If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly;

o) If you have not properly followed the instructions for using BankPurely Online Banking.

10. Limitations on Frequency of Transfers and Dollar Amount

You may use BankPurely Online Banking as often as you want. Any BankPurely Online Banking transfer made from an Eligible Account must not exceed your Available Balance in the Account on the day the transfer is made.

11. Additional Information

If you require any additional information regarding BankPurely Services or if you have other questions about your electronic transfers, please contact our Customer Services Solution Center at 844.878.7359, Monday - Sunday from 7 a.m. to 11 p.m. ET.

12. Your Right to Receive Documentation of Transfers

You will receive an E-Statement for each Statement Account. This E-Statement will reflect all your transactions, including your BankPurely Online Banking transactions, relating to such Accounts.

13. BankPurely Online Banking Fees and Charges

  • There are minimum balance requirements and charges that apply to the Accounts, whether or not they are used for BankPurely Online Banking Services. We reserve the right to change the charges, fees or other terms described in this Agreement. When changes are made to any fees, charges or other material terms, we will update this Agreement and either send a notice to you at the address shown on our records or send you an electronic mail message (i.e. an e-mail message).
  • The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the Accounts or Services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific Accounts are governed by the applicable Account Disclosure Statement.
  • There are currently no monthly or transaction fees for accessing your Account(s) through BankPurely Online Banking. However, BankPurely reserves the right to impose a fee for BankPurely Online Banking. You will be notified of any fee charges by mail or e-mail. Other fees, as described in the applicable Account Disclosure Statement, may apply to Services ordered online and to transfers.
  • Please note that fees may be assessed and billed separately by your online service provider.
  • If BankPurely initiates any legal action to collect money owed to BankPurely under this Agreement, including any counterclaim, you agree to pay all costs incurred by BankPurely for such action, including any reasonable attorneys' fees.
  • You agree to pay promptly all applicable fees and charges for services provided under this Agreement and in connection with your Accounts and authorize us to charge any of your BankPurely Accounts.

14. Recording of Phone Calls and E-mails

By entering into this Agreement, you authorize BankPurely and its agents to monitor, record, copy and retain any phone call made to or e-mail sent to BankPurely or its agent concerning BankPurely Online Banking Services or the Web Browser.

15. Amendments

BankPurely may, from time to time at any time, change this Agreement by sending you an e-mail notice, mailing a notice, or otherwise posting such notice or revised Agreement through the BankPurely Website. However, if the change results in (i) increased or new fees or charges, (ii) increased liability for you, (iii) fewer types of available Services or (iv) stricter limitations on the frequency or dollar amounts of transfers, then at least thirty (30) days before the effective date of the change, BankPurely will either electronically send to you an e-mail notice or mail to you a written notice. By entering into this Agreement you consent to receiving all applicable notices via electronic means or by posting as described herein.

16. Termination

We may immediately terminate or suspend your BankPurely Online Account access without notice to you, if you do not comply with the agreements governing your Accounts or your Accounts are not maintained in good standing, or for any other reason.

17. Assignment

BankPurely also may assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

18. Entire Agreement

This Agreement, and any changes to it by BankPurely, constitutes the entire understanding between BankPurely and you with respect to the subject matter of this Agreement.

19. Other Agreements

BankPurely and you are still bound by the terms, conditions and fees imposed by any other agreements that you have entered into with BankPurely, unless such terms, conditions and fees have been explicitly changed by this Agreement.

20. Waiver

BankPurely shall not be deemed to have lost any of its rights because they have not been exercised.

21. Invalidity of any Provision

 If any provision stated in this Agreement or in any applicable Account agreement is held to be unenforceable, the remaining provisions shall remain in effect.

22. Arbitration

YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE BANKPURELY ONLINE BANKING SERVICES ("CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.

23. Eligible Accounts

All Eligible Accounts are eligible to be accessed using BankPurely Online Banking.

24. Applicable Law

This Agreement will be governed by and interpreted in accordance with laws of the State of New York.

Schedule of Fees - New Fees effective 5/1/2020

Fees Assessed in Connection with Savings, Money Market Savings, Checking & CD Accounts

Check, ATM or ACH Debit Paid for Uncollected or Insufficient Funds (may be created by check, withdrawal, or other electronic means)

$30.00

Check or ACH Debit Returned for Uncollected or Insufficient  Funds (may be created by check, withdrawal, or other electronic means)

$ 30.00

Printout of Statement

$ 10.00

Return Item

$ 10.00

Placement of Stop Order Payment (Per Check)

$ 20.00

Photocopy of Paid Check/Item

$ 6.00

Duplicate Statement

$ 5.00

Account Research & Reconciliation (min. $20)

$20.00 per hour

Return Mail Handling

$ 10.00

Early Close Out of an Account** (within 180 days)

$ 10.00

Duplicate 1099 

$ 5.00

Checks Issued

Teller Check-Depositor (Per Check)

$ 5.00

Stop Payment of Teller Check (Per Check)

$ 4.00

Photocopy of Teller Check (Per Check)

$ 6.00

Exceeding Debit Limit ***

$15.00 per item

Legal Process

Attachments, Levy, Restraining Notice, etc.

$100.00

Consular Letter

$ 20.00

Transfers

Domestic Wire (In)

$ 15.00

Miscellaneous

 

Abandoned Property Transfer

$ 25.00

Verification of Deposit

$ 10.00

Protest Fee

$ 10.00

Debit/ATM Card

ATM Withdrawal/Balance Inquiry
Customer at an Allpoint ATM

Surcharge Free*

ATM Withdrawal/Balance Inquiry
Customer at a Flushing Bank ATM

N/C

ATM Withdrawal/Balance Inquiry
Customer at an ATM Out of Network  Domestic

N/C

ATM Withdrawal/Balance Inquiry
Customer at an ATM Out of Network  International

$3.00

Point of Sale - Pin Based Transaction Domestic

N/C

Point of Sale - Signature Based Transaction Domestic

N/C

Point of Sale - International Transaction Fee

1% of the transaction amount

Replacement of lost ATM/Debit Card

$10.00

*BankPurely clients will not incur a surcharge fee from Allpoint for using their ATM network. Please Note: Certain fees may be assessed by other financial institutions for use of their ATMs.

**This fee applies to all BankPurely accounts. CD accounts are subject to an early withdrawal penalty. Please see account terms & conditions for more information.

***Fees apply to money market savings accounts.

MOBILE BANKING AGREEMENT

FAST, SECURE, and FREE* - BankPurely Mobile allows you to manage your finances on the go with a variety of mobile devices, including iPad®, iPhone®, AndroidTM, and browser compatible cell phones. *There is no charge to use BankPurely Mobile, but the Bank’s standard account fees will apply and data and messaging rates may apply from your wireless provider.

MOBILE BANKING FEATURES

  • Check account balances 
  • Pay bills
  • View account history
  • Transfer funds between your linked BankPurely accounts 
  • SMS Text Banking

TERMS AND CONDITIONS

By using Mobile Banking (also referred to herein as the “Service”), you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”). This Agreement contains the terms that govern your use of the BankPurely Mobile application services. You may use this Service to access your BankPurely deposit accounts using a mobile device. By using Mobile Banking to access an account you are agreeing to the terms of this Agreement which supplements the terms and agreements of your Account(s) and Online Banking Terms and Conditions to which you have previously agreed.

Mobile Banking is inclusive of the terms and conditions of the Electronic Funds Transfer Disclosure including but not limited to transaction limits, transaction processing and system availability.

Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to view your BankPurely account balances and account history, pay bills, and transfer funds between your linked BankPurely accounts. SMS Text Banking allows you to view your BankPurely account balances and account history, and transfer funds between your linked BankPurely accounts

MOBILE BANKING REQUIREMENTS & LIMITATIONS

1.  You will not be able to access all functions/services that are accessible via Online Banking. Examples include, but are not limited to, electronic statement, check reordering, third party account transfer, PFM and account aggregation services.

2. Mobile users are responsible for any service charges from mobile carriers as a result of using this Service.

3. Mobile Banking may not be accessible or may have limited service over some network carriers.

4. Mobile Banking may also not be supported by all mobile devices. BankPurely cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of network” issues.

USE OF MOBILE BANKING SERVICE

We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your mobile device and we will not be liable to you for any losses caused by your failure to properly use the Service or your mobile device.

OTHER MOBILE BANKING AGREEMENTS

You agree that, when you use Mobile Banking, you remain subject to the terms and conditions set forth in your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us. You agree to review your account disclosures carefully, as they may include transaction limitations and fees which may apply to your use of Mobile Banking.

EQUIPMENT AND SOFTWARE

BankPurely does not guarantee that your mobile device or mobile phone service provider will be compatible with Mobile Banking. In general, most models of iPhones, iPads, Android devices, and browser compatible cell phones are supported.

Mobile phones and other mobile devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your mobile device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files, and/or your phone or could result in information being intercepted by a third party. BankPurely will not be responsible or liable for any damages which may result from such viruses, including but not limited to indirect, incidental, special or consequential damages.

BankPurely will also not be responsible if any non‐public personal information is accessed via Mobile Banking due to any viruses residing or being contracted by your mobile device at any time or from any source.

BankPurely is not responsible for errors or delays or your inability to access the Service caused by your mobile device. We are not responsible for the cost of upgrading the mobile device to remain current with the Service. We are not responsible for any damage to the mobile device or the data within.

We make no representation that any content or use of Mobile Banking is available in locations outside the United States. Accessing Mobile Banking from locations outside the United States is at your own risk.

USER SECURITY

You agree to take every precaution to ensure the safety, security and integrity of your Account(s) and transactions when using Mobile Banking. You agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person.

Touch ID® allows you to use your fingerprint to log in securely instead of entering your username and password on supported versions of iPhone®. If you enable Touch ID® within the BankPurely Mobile app, every person with an enrolled fingerprint on your enabled device will have access to your account. It is your responsibility to review the enrolled fingerprints to make sure that each person is authorized to access Mobile Banking or to delete any enrolled fingerprint of any person you do not want to have access to your account.

If you allow access to Mobile Banking to an unauthorized user, you will be responsible for any transaction they authorize and we will not be liable for any damages as a result. You agree not to use any personally identifiable information when creating shortcuts to your Account(s).

YOU are responsible for keeping any personal information in your mobile device secure. For your protection, you agree to contact BankPurely at 844.878.7359 if your mobile device is lost or stolen.

TERMINATION

BankPurely reserves the right to modify or terminate Mobile Banking, in whole or in part at any time with or without cause and without prior written notice as allowed by law. We also reserve the right to suspend the Service either temporarily or permanently in situations deemed appropriate in our sole and absolute discretion. Termination of the Service does not affect your obligations under this Agreement in respect to occurrences before termination.

MOBILE CHECK DEPOSIT USER AGREEMENT

This Mobile Check Deposit User Agreement ("Agreement") contains the terms and conditions for the use of BankPurely Mobile Check Deposit service that BankPurely ("BankPurely", "us," or "we") may provide to you ("you," or "User"). Other agreements you have entered into with BankPurely, including the Account Terms and Conditions and Online Banking Agreement, as applicable to your BankPurely account(s), are incorporated by reference and made a part of this Agreement.

1. Service. The consumer mobile check deposit service ("Service") is designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to BankPurely or BankPurely’s designated processor.

2. Acceptance of these Terms. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. Further, BankPurely reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.

3. Limitations of Service. When using the Service, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The Service has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

4. Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software to support the following requirements:

  • Access to the internet and the latest version of a supported browser.
  • For communications provided in PDF format, a current version of Adobe Acrobat Reader is required.

5. Fees. A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed prior to your deposit. BankPurely may change the fees for use of the Service at any time pursuant to the section titled "Acceptance of these Terms" above. You authorize BankPurely to deduct any such fees from any BankPurely account in your name. Fees will not be charged during any free trial period or other promotional campaigns.

6. Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to BankPurely is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

  • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
  • Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
  • Checks payable jointly, unless deposited into an account in the name of all payees.
  • Checks previously converted to a substitute check, as defined in Reg. CC.
  • Checks drawn on a financial institution located outside the United States.
  • Checks that are remotely created checks, as defined in Reg. CC.
  • Checks not payable in United States currency.
  • Checks dated more than 6 months prior to the date of deposit.
  • Checks or items prohibited by BankPurely’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your BankPurely account.
  • Checks payable on sight or payable through Drafts, as defined in Reg. CC.
  • Checks with any endorsement on the back other than that specified in this agreement.
  • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
  • Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.

7. Endorsements and Procedures. You agree to sign and restrictively endorse any item transmitted through the Service as "For mobile deposit only at BankPurely" and your account number or as otherwise instructed by BankPurely. You agree to follow any and all other procedures and instructions for use of the Service as BankPurely may establish from time to time.

8. Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from BankPurely that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

9. Availability of Funds. In general, if an image of an item you transmit through the Service is received and accepted before 7:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Service will generally be made available within two business days from the day of deposit including on-us checks drawn on BankPurely. BankPurely may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as BankPurely, in its sole discretion, deems relevant.

10. Disposal of Transmitted Items. Upon your receipt of a confirmation from BankPurely that we have received an image that you have transmitted, you agree to retain the check for at least 14 calendar days from the date of the image transmission. After 14 days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to BankPurely upon request.

11. Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is $2,500.00 per business day for consumer banking clients. In addition, the current monthly dollar limit is $25,000.00 per any 22 consecutive business day period. There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded.

12. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in BankPurely’s sole discretion subject to the Terms and Conditions governing your account.

13. Errors. You agree to notify BankPurely of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable BankPurely account statement is sent. Unless you notify BankPurely within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against BankPurely for any such alleged error.

14. Errors in Transmission. By using the Service you accept the risk that an item may be intercepted or misdirected during transmission. BankPurely bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

15. Image Quality. The image of an item transmitted to BankPurely using the Service must be legible, as determined in the sole discretion of BankPurely. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by BankPurely, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

16. User Warranties and Indemnification. You warrant to BankPurely that: 16. - You will only transmit eligible items. - You will not transmit duplicate items. - You will not re-deposit or re-present the original item. - All information you provide to BankPurely is accurate and true. - You will comply with this Agreement and all applicable rules, laws and regulations. - You are not aware of any factor which may impair the collectability of the item. - You agree to indemnify and hold harmless BankPurely from any loss for breach of this warranty provision.

17. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

18. Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Service in a manner inconsistent with the Terms and Conditions of your Account, Online Banking Agreement or any other agreement with us.

19. Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. This Agreement is governed and construed in accordance with the laws of the State of New York.

20. Ownership & License. You agree that BankPurely retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to BankPurely’s business interest, or (iii) to BankPurely’s actual or potential economic disadvantage in any aspect. You may use the Service only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.

21. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.

22. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BANKPURELY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

Apple® is a trademark of Apple, Inc. AndroidTM is a trademark of Google, Inc

Disclaimer Notice

Please read these terms and conditions carefully. By accessing this Web site and any pages within, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this Web site, or any pages within.

© 2020 BankPurely a division of Flushing Bank. All rights reserved.

Copyright in the pages and in the screen displaying the pages of this Web site, and in the information and the material contained within their arrangement, is owned by BankPurely unless otherwise indicated.

Trademarks

BankPurely.com and BankPurely are registered trademarks. Flushing Bank may also claim trademark and service mark rights in other marks contained in the pages of this Web site.

Use of Information and Materials

This website has been prepared solely for the purpose of providing information about BankPurely and Flushing Bank and the products and services BankPurely offers. The information and materials contained in the pages of this website -and the terms, conditions and descriptions that appear -are subject to change. Your eligibility for particular products and services is subject to final BankPurely  and Flushing Bank determination and acceptance.

No Warranty

The information and materials contained in this website, including text, graphics, links or other items -are provided “as is”, “as available”. This website has been prepared in good faith by BankPurely and Flushing Bank. Nonetheless, BankPurely and Flushing Bank do not warrant the accuracy, adequacy or completeness of this information and materials and expressly declaims liability for errors or omissions in this information and materials.

No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials provided in this Web site.

Third Party Information

Hyperlinks to other Internet resources outside of our domain are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by BankPurely or Flushing Bank.

Limitation of Liability

In no event will BankPurely or Flushing Bank be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BankPurely, Flushing Bank, or their representatives are advised of the possibility of such damages, losses or expenses.

Submissions

Except as posted in the Privacy Statement, all information submitted to BankPurely and Flushing Bank via this site shall be deemed and remain the property of BankPurely and Flushing Bank. BankPurely and Flushing Bank shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides BankPurely or Flushing Bank through this site. BankPurely and Flushing Bank shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by BankPurely or Flushing Bank pursuant to direct customer relationships, as provided in the Privacy Statement or as otherwise specifically required by law.

Governing Law

Your access to and use of this website, and the terms set forth on this disclaimer page, are governed by the laws of the State of New York, to the extent not preempted by federal law.

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