This Agreement is intended to be interpreted in accordance with its plain English meaning. Except where otherwise indicated, capitalized terms are used in accordance with the definitions set out in the Canadian Code of Practice for Consumer Debit Card Services. Any defined term used in this Agreement, defined in the singular, is deemed to include the plural and vice versa.
“Access Terminal” means any device used to access any of Your Accounts, including without limitation an ATM, a computer, a portable hand-held device, or a telephone, including any form of mobile telephone or Mobile Device.
“Account” means any of Your accounts or subaccounts (if applicable) that You may have now or in the future at the Financial Institution.
“Account Agreement” means the agreements for the operation of the Account.
“ATM” means an automated teller machine.
“Biller” means a person who uses the EDP Services to deliver bills and invoices to their customers electronically.
“Central 1” means Central 1 Credit Union.
“Contaminant” means a computer virus, worm, lock, mole, time bomb, Trojan horse, rootkit, spyware, keystroke logger, or any other malicious code or instruction that may modify, delete, damage, disable, or disrupt the operation of any computer software or hardware.
“Debit Card” means a card issued by Us that allows the holder of the card to deposit cash and Instruments or withdraw cash from the Account through an ATM, authorize Transactions on the Account through an ATM, and that operates like an Instrument to purchase goods and services from Merchants or that can be used with Mobile Payment Services for Small Business. A virtual Debit Card is the electronic equivalent of a Debit Card when used with Mobile Payment Services for Small Business. All references to “Debit Card” in this Agreement include a virtual Debit Card registered for use with the Mobile Payment Services for Small Business.
“Delegate” means an Initiator Delegate or a Read Only Delegate, as applicable.
“Depositor” or “You” or “Your” means the customer or member of the Financial Institution who holds the Account with the Financial Institution authorized by Us for Direct Services for Small Business or Mobile Payment Services for Small Business.
“Direct Services for Small Business” means the services offered by Us from time to time that let a Signing Officer access the Account using an Access Terminal; that let any Read Only Delegate view the Account using an Access Terminal; and that let any Initiator Delegate or Non Signer view the Account and start Transactions on the Account using an Access Terminal. Direct Services for Small Business include Invoicing Services. However, Direct Services for Small Business do not include card services such as Debit Cards, including those provided by a Third Party.
“EDP Services” means an electronic mail service provided by EPO Inc. (doing business as epost™) that facilitates the delivery of bills and invoices from Billers to their customers using Direct Services for Small Business.
“Eligible Bill” means a bill that is of a class specified by a by-law, a Rule, or a standard made under the Canadian Payments Act, and defined therein as an ‘eligible bill’. For greater certainty, under this Agreement, an Eligible Bill supporting an Official Image, must be a paper-based Instrument, complete and regular on its face, immediately payable to You as payee, and be either a cheque, bank draft, or credit union official cheque, denominated in Canadian Dollars or US Dollars and drawn on a financial institution domiciled in Canada, as and if applicable. For the purposes of this Agreement, third party Instruments that were either delivered to You with the payee in blank or endorsed over to You and post-dated Instruments shall not qualify as Eligible Bills. Further, any Instrument that has been in any way transferred to You from anyone other than the drawer, endorsed over to You, or altered after being drawn shall not qualify as an Eligible Bill.
“External Account” means an Account held at another Canadian financial institution; an Investment Industry Regulatory Organization of Canada registrant; a card issuer; or an entity eligible for membership with Payments Canada, being an account in Your name or on which You have the authority to independently authorize Transactions.
“Financial Institution” or “We” or “Us” or “Our” means the financial institution holding Your Account set out in the Account Agreement.
“Initiator Delegate” means a person authorized by a Signing Officer through Direct Services for Small Business to start Transactions on the Account and to view the Account using an Access Terminal. An Initiator Delegate does not include a Read Only Delegate, a Non Signer, or a Signing Officer.
“Instrument” means a cheque, promissory note, bill of exchange, order for payment, securities, cash, coupon, note, clearing item, credit card slip for processing, other negotiable instrument, or item of deposit or withdrawal of a similar nature and its electronic equivalent, including electronic debit instructions.
“Interac e-Transfer Answer” means the word or phrase created by the sender of a money transfer and used by the recipient to claim the money transfer using Interac e-Transfer Services.
“Interac e-Transfer Contact Information” means the electronic contact information, including without limitation an account number, payment identifier, email address or telephone number, used in sending and receiving of a money transfer using Interac e-Transfer Services.
“Interac e-Transfer Notice” means the electronic notice sent to the recipient of a money transfer, when such money transfer is sent using Interac e-Transfer Services. The Interac e-Transfer Notice may be read by using an Access Terminal.
“Interac e-Transfer Services” means the money transfer service provided by Interac Corp. that facilitates the sending, requesting, and receiving of money transfers (using including without limitation account number, payment identifier, email or telephone number) through Direct Services for Small Business to and from Participating Financial Institutions, and the Interac Corp. payment service.
“Invoicing Services” means the Invoicing Services feature of the Direct Services for Small Business that enables the Depositor, through any Signing Officer, Read Only Delegate, Initiator Delegate, or Non Signer to generate invoices for the Depositor’s customers, send invoices to the Depositor’s customers, update and track the status of invoices and otherwise manage the Depositor’s invoices.
“Merchant” means a person that sells goods or services to You and who receives payment through either Direct Services for Small Business or Mobile Payment Services for Small Business.
“Mobile Device” means a mobile device such as and including a computer, a portable hand-held device, or a telephone, including any form of mobile telephone that is capable of being used in connection with Mobile Payment Services for Small Business.
“Mobile Payment Services for Small Business” means those electronic payment services that can be performed with a Debit Card and PIN or a virtual Debit Card and Passcode using a Mobile Device that allows You to perform Point of Sale Transactions using a Mobile Device.
“Mobile Payment Transaction” means a Transaction made using Mobile Payment Services for Small Business.
“Non Signer” means a person authorized by You through any other channel except through Direct Services for Small Business to start Transactions on the Account and to view the Account using an Access Terminal. A Non Signer does not include an Initiator Delegate, a Read Only Delegate, or a Signing Officer.
“Notification” means a written notice generated by or on behalf of the Financial Institution that provides, to You notice of a pending or completed Transaction or a summary of the balance of the Account, including notices issued by email or SMS text messages to any of Your Contact Info.
“Official Image” means an electronic image of an Eligible Bill, either created in accordance with the provisions of this Agreement or that otherwise complies with the requirements to permit negotiation and clearing of that Eligible Bill in accordance with the by-laws, standards, and Rules of the Canadian Payments Association.
“Online Payment Service” means the online payment service provided by Interac Corp. (doing business as INTERAC Online) that facilitates the sending and receiving of money through Direct Services for Small Business and Interac Corp. to Participating Financial Institutions for the purchase of goods and services from Participating Merchants.
“PAC” means the personal access code or word used with Direct Services for Small Business to access an Account.
“PAD” means a Preauthorized Debit.
“Participating Financial Institution” means a financial institution participating in Interac e-Transfer® Services or Online Payment Services, as the case may be.
“Participating Merchant” means a Merchant that offers the Online Payment Service as an online payment option on the Merchant’s website.
“Passcode” means the numerical code selected by the Debit Card holder to authorize certain Mobile Payment Transactions.
“Payroll Solution Service” means the online payroll solution service for businesses provided by a Third Party Payroll Solution Service provider, PaymentEvolution Corporation, which may be accessed through Direct Services for Small Business, which may include payroll onboarding, administration, accounting, calculation, payment processing, validation, reporting, analytics, and employee self-service.
“PIN” means a secret code intended for the sole use of a cardholder. The PIN is used in conjunction with a Debit Card to confirm the identity of the cardholder and to authorize Debit Card Transactions. If any Access Terminal or Mobile Device is accessible with a biometric substitute for a PIN (such as a fingerprint or iris scan), then in this Agreement, PIN includes such biometric.
“PIW” means the personal identification word used in connection with Remote Instructions.
“POS” means Point of Sale, being an electronic terminal used by cardholders to pay for goods or services at a retail or service outlet.
“POS Transaction” means the use of the Debit Card to conduct a contact Transaction with its associated PIN or a contactless Transaction without the Debit Card’s associated PIN or using a Mobile Device for purposes permitted by Us, including but not limited to: a) the transfer of funds from Your Account to purchase or lease goods or services from a Merchant; b) the transfer of funds from Your Account to obtain a voucher, chit, scrip, token or other thing that may be exchanged for goods, services or money; or c) the transfer of funds into Your Account from an account of a Merchant (e.g., a refund).
“Preauthorized Debit” means a Transaction debiting the Account that is processed electronically by a financial institution in accordance with Your written request.
“Read Only Delegate” means a person authorized by a Signing Officer through Direct Services for Small Business to view the Account using an Access Terminal. A Read Only Delegate does not include an Initiator Delegate, a Non Signer, or a Signing Officer.
“Remote Deposit Service” means the remote deposit capture service provided by Us and Central 1, and accessed through Direct Services for Small Business, that allows You or a Signing Officer, Delegate, or Non Signer, using an Access Terminal and any other means authorized by Us in Our sole discretion from time to time, to create, transmit, and receive to the benefit of the Financial Institution an Official Image for deposit to the Account.
“Remote Instructions” means instructions given to the Financial Institution with respect to the operation of the Account from a remote location, using a computer, a Mobile Device, fax, via the Financial Institution’s online banking system, email, SMS text message transmission, or other remote communication acceptable to the Financial Institution to operate the Account or authorize Transactions and make arrangements with the Financial Institution.
“Retail Direct Services” means the services offered by Us from time to time that let You access the Account using an Access Terminal. However, Retail Direct Services do not include card services such as Debit Cards and debit cards provided by a Third Party.
“Rules” means the regulations, by-laws, rules, and standards of the Canadian Payments Association, also referred to as Payments Canada, or any successor organization thereof, in effect from time to time.
“The Services” means, when used in this Agreement, Direct Services for Small Business and Mobile Payment Services for Small Business, without differentiation.
“Signing Officer” means any person authorized by You (or in the case of an unincorporated association, by the association) through any other channel except through Direct Services for Small Business, to sign Instruments or provide other orders for payments of money (either alone or with another person) on the Account, or to provide Remote Instructions or authorize other Transactions on the Account and for whom notice of such authorization has been given to the Financial Institution. A Signing Officer does not include an Initiator Delegate, a Read Only Delegate, or a Non Signer.
“Small Business” means any customer or member of the Financial Institution carrying on commercial activity through their Account with the Financial Institution, including, but not limited to, a sole proprietorship, partnership, corporation, society, holding corporation, joint venture, association, or other business organization.
“Third Party” means any person, firm, corporation, association, organization, government agency, regulatory body, or entity other than the Financial Institution or Central 1.
“Transaction” means any transaction processed to or from the Account.
“Transaction Record” means a paper Transaction record dispensed mechanically, or written notification generated by or on behalf of Us, or notice of a pending or completed Transaction or a summary of the balance of Your Account, including notifications issued by email or SMS text message to You or available as an Account Statement or balance of Account when You use a Mobile Device or other Access Terminal.
“Upgrade” means the process whereby You as a customer of the Financial Institution, are irrevocably transitioned from Retail Direct Services to Direct Services for Small Business as set out in article 3, Upgrading, of this Agreement.
“Wrongful Activity” means any use or attempted use of the Interac e-Transfer Services by You, a Signing Officer or a Third Party, acting alone or in concert, that is fraudulent, unauthorized, made in bad faith or otherwise improper, whether for financial gain or otherwise.
“Your Contact Info” means any of the contact information, including, without limitation, postal address, email address, fax number, or telephone number provided by You and accepted by Us, through which the Financial Institution can give You written notice.