RTP Transfer Services Terms

The RTP Transfer Services Terms govern User’s access to and use of the RTP Transfer Services. Unless otherwise defined in this Platform Agreement, capitalized terms used in the RTP Transfer Services Terms have the meanings set forth in Section 9 of the RTP Transfer Services Terms.

Moov’s FI Partner, Veridian Credit Union (“RTP FI Partner”), is a party to this Platform Agreement solely in connection with the RTP Transfer Services. Accordingly, in addition to constituting a legally binding agreement between Moov and User, this Platform Agreement also will constitute a legally binding agreement between RTP FI Partner and User.

1. RTP Transfer Services.

1.1. Generally. Moov, as an agent of, and in conjunction with, RTP FI Partner, will provide or otherwise make available the RTP Transfer Services to User in order for User to initiate funds transfers through the RTP network operated by The Clearing House Payments Company L.L.C. (“TCH”) in accordance with the terms and conditions of this Platform Agreement. User may be permitted to receive funds transfers via the RTP Transfer Services. User acknowledges and agrees that User’s ability to receive funds transfers through the RTP Transfer Services will be subject to Moov’s and/or RTP FI Partner’s enablement and support for the same and User’s acceptance of additional terms and conditions applicable to the RTP Transfer Services.

1.2. Initiation of RTP Payments. User hereby authorizes RTP FI Partner, in its capacity as a Participant, to effect RTP Payments in accordance with the Payment Instructions communicated by User to RTP FI Partner through the RTP Transfer Services. User acknowledges and agrees that all RTP Payments are final and irrevocable. User agrees that Moov and RTP FI Partner may rely on all Payment Instructions submitted through the RTP Transfer Services without further inquiry into the accuracy, completeness, authenticity, or validity of such Payment Instructions, subject to the applicable Security Procedures.

1.3. RTP Rules. User acknowledges and agrees that User’s access to and use of the RTP Transfer Services is subject to the RTP Rules. The RTP Rules are available online at https://www.theclearinghouse.org/payment-systems/rtp/document-library.

2. Initiating RTP Payments.

2.1. Permitted RTP Payments. User will provide Payment Instructions that order an RTP Payment only to a Receiver whose Account is located in the Territory. User will not send or receive RTP Payments or Requests for Payment on behalf of another Person.

2.2. Restrictions on RTP Payments. The dollar amount and volume of RTP Payments, individually and in the aggregate, permitted to be initiated by User on any one day or other time period may be subject to limits established by Moov or RTP FI Partner from time to time. In addition, Moov and RTP FI Partner may be subject to limits on the dollar amount and volume of RTP Payments that may be submitted through the RTP network. If any RTP Payment would cause User, Moov, or RTP FI Partner to exceed any applicable limits, then User acknowledges and agrees that the RTP Payment may not be processed or submitted through the RTP network. Moov and RTP FI Partner may modify, supplement, or replace any restrictions applicable to the initiation of RTP Payments through the RTP Transfer Services. User will not initiate any RTP Payment in a currency other than U.S. dollars. User agrees not to initiate RTP Payments that violate any Applicable Law.

2.3. Cut-off Times. Moov or RTP FI Partner may establish cut-off times for the initiation of RTP Payments in connection with the RTP Transfer Services. Any cut-off times applicable to the initiation of RTP Payments will be provided or otherwise made available to User by the Company through which User accesses the Moov Services.

2.4. Cancellation and Amendment of Payment Instructions. User has no right to cancel or amend any Payment Instruction after User has submitted such Payment Instruction through the RTP Transfer Services. Moov and RTP FI Partner may endeavor to act on a cancellation or amendment request to any Payment Instruction submitted by User before a related Payment Message is sent. However, User agrees that neither Moov nor RTP FI Partner will have any responsibility or liability in connection with any cancellation or amendment to any Payment Instruction, including if Moov or RTP FI Partner are not able to effect the cancellation or amendment of such Payment Instruction. User understands and agrees that a Payment Instruction cannot be cancelled or amended once a related Payment Message is sent. User will comply with the Security Procedures in connection with any cancellation or amendment request.

2.5. Pre-Funding. Prior to initiating any Payment Instruction, User will ensure that it has good and available funds in User’s Moov Balance for the RTP Payment. In the event that User does not have good and available funds in the User’s Moov Balance sufficient to cover the total amount of any or all RTP Payments initiated by User, Moov and RTP FI Partner may take any of the following actions: (a) refuse to process all Payment Instructions and related RTP Payments; (b) process Payment Instructions and related RTP Payments for which User has good and available funds in User’s Moov Balance in whatever order Moov or RTP FI Partner determine is appropriate; or (c) process Payment Instructions and related RTP Payments regardless of whether User has good and available funds in User’s Moov Balance to cover each such RTP Payment, in which event the total amount advanced by Moov or RTP FI Partner on behalf of User will be immediately due and payable by User without further demand from Moov or RTP FI Partner. Moov may make available information about the status of a Payment Instruction and the related RTP Payment through User’s Moov Account. As among User, Moov, and RTP FI Partner, Moov and RTP FI Partner will not be responsible or liable for taking any of the above actions, and User will promptly reimburse Moov and RTP FI Partner for any Losses incurred by Moov and RTP FI Partner in connection with such actions.

2.6. On-Us RTP Payments. In the case of any Payment Instruction that orders an RTP Payment to an Account maintained with RTP FI Partner, Moov and RTP FI Partner may elect to process such Payment Instruction and corresponding RTP Payment as an on-us RTP Payment (each, an “On-Us RTP Payment”) and credit the Receiver’s Account in the amount of such RTP Payment in accordance with User’s Payment Instruction.

2.7. Rejection of Payment Instructions. User agrees that Moov and RTP FI Partner will have no obligation to accept Payment Instructions and, therefore, may reject any Payment Instructions submitted by User for any reason. While Moov and RTP FI Partner have no obligation to notify User of any rejection of any Payment Instructions, Moov and RTP FI Partner nevertheless may do so. Neither Moov nor RTP FI Partner will have any responsibility or liability to User for any rejection of any Payment Instruction and will not be responsible or liable to User for any amounts, including any interest, in connection with the rejection of any Payment Instruction.

2.8. Rejection of Payment Messages. If a Payment Message is cancelled or rejected by TCH or the Receiving Participant, Moov or RTP FI Partner will make available to User information regarding the status of the related RTP Payment in accordance with the RTP Rules. If Moov and RTP FI Partner complied with the terms of these RTP Transfer Services with respect to the Payment Instructions and RTP Payment related to the cancelled or rejected Payment Message, Moov and RTP FI Partner will have no obligation to resend the Payment Message. In the event the related RTP Payment is not completed due to such cancellation or rejection, User understands a new Payment Instruction must be initiated through the RTP Transfer Service to effect the RTP Payment.

2.9. Errors in Payment Instructions. Neither Moov nor RTP FI Partner will have any obligation to discover, nor will Moov or RTP FI Partner be responsible or liable to User for discovering, or for failing to discover, any error made by User in connection with the RTP Transfer Services, including for any error made in identifying the Receiver, for any error in the amount of the RTP Payment, or for any issuance by User of duplicate Payment Instructions. If User discovers that any RTP Payment initiated by User was in error, then User will promptly notify Moov and RTP FI Partner of such error.

2.10. Request for Return of Funds. Moov or RTP FI Partner will have no obligation to submit a Request for Return of Funds for any RTP Payment, including erroneous or unauthorized RTP Payments reported by User. Moov or RTP FI Partner may elect in their sole discretion to submit a Request for Return of Funds. User acknowledges that a Receiving Participant is not required to return any funds related to any RTP Payment upon receipt of a Request for Return of Funds. User will be responsible and liable to Moov and RTP FI Partner for all Losses incurred by Moov and RTP FI Partner in connection with any Request for Return of Funds. User acknowledges and agrees that all RTP Payments are final and irrevocable, and that neither Moov nor RTP FI Partner is obligated to act on User’s request that Moov or RTP FI Partner submit a Request for Return of Funds.

2.11. Delays. User acknowledges and agrees that Moov and RTP FI Partner do not have any control over the acts or omissions of other financial institutions or third parties that could delay the RTP Transfer Services or delivery of an RTP Payment, and neither Moov nor RTP FI Partner will be responsible or liable for any Losses arising out of or relating to any acts or omissions of any other financial institution or third party, including in the event that additional time is needed to verify identities, complete required fraud and risk screening, otherwise satisfy requirements of Applicable Law or RTP Rules, or effect an RTP Payment. Without limiting the foregoing, neither Moov nor RTP FI Partner makes any warranty or guarantee that an RTP Payment will occur within any given time and Moov and RTP FI Partner each hereby expressly disclaim any such warranty or guarantee.

3. Security Procedures.

User hereby acknowledges and agrees that Moov, RTP FI Partner, User, and/or the Company through which User accesses and uses the RTP Transfer Services (as applicable) may establish security measures applicable to the initiation of RTP Payments in connection with the RTP Transfer Services (“Security Procedures”). User acknowledges and agrees that any applicable Security Procedures are intended to verify that any Payment Instruction, including any amendments to such Payment Instruction, is that of User, that any applicable Security Procedures are not designed to detect any errors in Payment Instructions, including any amendments to such Payment Instructions, initiated through the RTP Transfer Services, and that User is solely responsible for detecting and preventing errors. By accessing and using the RTP Transfer Services, User agrees that: (a) User has reviewed and evaluated, and understands, any applicable Security Procedures, (b) any applicable Security Procedures constitute a commercially reasonable method of protecting against unauthorized RTP Payments, and (c) User will comply with any applicable Security Procedures for any RTP Payments initiated through the RTP Transfer Services. User agrees to be bound by any Payment Instructions initiated through the RTP Transfer Services, including any amendments to such Payment Instructions, whether authorized or unauthorized, that are accepted in compliance with any applicable Security Procedures. User agrees to immediately notify Moov of the possible unauthorized access to or use or disclosure of any identifications, passwords, hints, personal identification numbers, or other information used by User to access and use the RTP Transfer Services.

4. Review of RTP Payments.

User agrees to review regularly User’s transaction history in connection with the RTP Transfer Services. If User identifies any errors, discrepancies, or unauthorized Payment Instructions or RTP Payments with respect to the RTP Transfer Services, then User will immediately report such errors, discrepancies, or unauthorized Payment Instructions or RTP Payments to Moov. Except as otherwise provided by Applicable Law, if User fails to notify Moov of any error, discrepancy, or unauthorized Payment Instruction or RTP Payments within 14 days of the date as of which User’s transaction history reflecting the error, discrepancy, or unauthorized Payment Instruction is made available to User, then User hereby waives any right to assert any error, discrepancy, or unauthorized Payment Instruction or RTP Payment.

5. Reliance on Account Number.

If any Payment Instruction describes the applicable Receiver inconsistently by name and account number, then User hereby acknowledges and agrees that the related RTP Payment may be made by the Receiving Participant (or by RTP FI Partner, in the case of an On-Us RTP Payment) solely on the basis of the account number provided by User, even if such account number identifies a Person different from the named Receiver, and that User’s obligation to pay the amount of the RTP Payment is not excused in such circumstances. User will be responsible and liable for, and must settle with Moov and RTP FI Partner, for any RTP Payment initiated by User that identifies a Receiver by account or identifying number or by name and account or identifying number.

6. User Representations and Warranties.

6.1. With respect to each Payment Instruction initiated by User, User hereby represents and warrants to Moov and RTP FI Partner that:

7. Limitation of Liability.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLATFORM AGREEMENT, NONE OF MOOV, RTP FI PARTNER, OR ANY OF THEIR RESPECTIVE AFFILIATES, SUCCESSORS, OR ASSIGNS WILL BE RESPONSIBLE FOR ANY CLAIMS OR LOSSES ARISING OUT OF OR RELATING TO THE RTP TRANSFER SERVICES EXCEPT TO THE EXTENT SUCH CLAIMS OR LOSSES DIRECTLY RESULT FROM MOOV’S OR RTP FI PARTNER’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

8. General Provisions.

8.1. Conflict. In the event of any conflict between any term or condition of this Platform Agreement with respect to the RTP Transfer Services and any term or condition of the RTP Rules, the applicable term or condition of the RTP Rules will govern to the extent necessary to resolve such conflict.

8.2. Survival. The following Sections of the RTP Transfer Services Terms will survive termination or expiration of the Platform Agreement: the last sentence of Section 1.2, Section 1.3, Section 2.2, Section 2.4, Section 2.5, Section 2.6, Section 2.7, Section 2.9, the last two sentences of Section 2.10, Section 2.11, Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, and Section 9.

9. Definitions.