These Terms of Service (“Terms”) govern your use of Pemford Bank USA, Inc.'s (“Pemford Bank”, “we”, “our”) banking platform, website, and mobile application. Please read these Terms carefully before using our services. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pemford Bank.
Important: These Terms contain important information about your legal rights. By using Pemford Bank services, you agree to arbitrate disputes and waive your right to a jury trial. Please read sections 9 carefully.
1. Acceptance of Terms
By opening an account with Pemford Bank USA, Inc., accessing our website, or using our mobile application, you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Pemford Bank. If you do not agree to these terms, you must not use our services.
These terms are governed by applicable United States federal law and the laws of the State of New York.
2. Eligibility
To open a Pemford Bank account, you must:
• Be at least 18 years of age (or have parental/guardian consent for minor accounts)
• Be a U.S. citizen or lawful resident with a valid Social Security number or Tax Identification Number
• Provide accurate and complete identity documentation as required for KYC compliance
• Not be prohibited from receiving banking services under U.S. law
• Agree to maintain the accuracy of all information provided to us
3. Account Opening and Maintenance
When you open an account with Pemford Bank, you agree to:
• Provide truthful, accurate, and complete information during registration
• Maintain and promptly update your account information to keep it current
• Keep your login credentials (password, PIN, OTP) strictly confidential
• Notify us immediately of any unauthorised access to your account
• Comply with any additional verification requirements we may impose
Pemford Bank reserves the right to refuse account applications, close accounts, or restrict services in accordance with our risk management policies and applicable law.
4. Transactions and Fees
All transactions are processed in accordance with applicable federal and state law. By authorizing a transaction, you confirm that you have sufficient funds and the legal right to conduct that transaction.
Transaction fees are as disclosed in our current Fee Schedule, available on our website and mobile app. We reserve the right to modify fees with 30 days notice to customers. Fees may include transfer charges, card issuance fees, and account maintenance fees where applicable.
Pemford Bank is not liable for losses resulting from transactions authorised by you or by a person with access to your credentials.
5. Prohibited Activities
You agree not to use Pemford Bank services for:
• Money laundering, terrorist financing, or any other illegal financial activity
• Fraud, identity theft, or misrepresentation
• Transactions involving prohibited goods or services under U.S. law
• Transactions that violate sanctions administered by the U.S. Department of the Treasury
• Circumventing anti-money-laundering or sanctions controls
• Any other activity that violates applicable federal, state, or local law
Pemford Bank may report suspicious activities to the Financial Crimes Enforcement Network (FinCEN), law enforcement, and other appropriate authorities.
6. Limitation of Liability
To the maximum extent permitted by applicable U.S. law, Pemford Bank is not liable for:
• Indirect, incidental, or consequential losses arising from use of our services
• Losses resulting from unauthorised access due to your failure to safeguard credentials
• Service interruptions caused by force majeure events, regulatory directives, or third-party failures
• Actions or omissions of third-party banks and payment processors
Our total liability to you for any single claim shall not exceed the value of the transaction in dispute, except where required by law.
7. Termination
Either party may terminate the banking relationship with proper notice. You may close your account at any time by contacting our support team, subject to settlement of all outstanding obligations. Pemford Bank may suspend or terminate your account immediately for breach of these terms, fraudulent activity, or as required by law or regulatory directive.
Upon account closure, we will return any credit balance less applicable fees, in accordance with applicable law.
8. Amendments
Pemford Bank reserves the right to amend these Terms of Service at any time. We will notify you of material changes via email or prominent notice on our platform with at least 30 days notice, except where shorter notice is required by regulatory directive. Your continued use of our services after the effective date of amendments constitutes acceptance of the updated terms.
9. Dispute Resolution
Any disputes arising from these terms or your use of Pemford Bank services shall first be submitted to our internal dispute resolution process. You may also submit eligible complaints to the Consumer Financial Protection Bureau or the appropriate state or federal regulator.
These terms are governed by applicable federal law and the laws of the State of New York. Unless an arbitration provision applies, legal proceedings shall be conducted in state or federal courts located in New York County, New York.
10. Contact Information
For questions about these Terms of Service:
Email: legal@pemfordbank.com
Address: Legal Department, Pemford Bank USA, Inc., 120 Broadway, New York, NY 10271
Phone: +1 (800) 555-0147
Pemford Bank USA, Inc. is incorporated in the United States and operates subject to applicable federal and state banking laws.