Terms of service
Banking Rewards Agreement
Business Deposit Account Agreement
Deposit Account Control Agreement
Business Visa Debit Cardholder Agreement
Electronic Communications Agreement
Banking Rewards Agreement
Last updated: January 11th, 2024
This Outgo Banking Rewards Agreement (this “Rewards Agreement”) is entered into by and between Outgo Inc., its subsidiaries, affiliates, agents, successors and assigns (“Outgo”, “we”, “us”, or “our”) and you, on behalf of yourself as a sole proprietor or on behalf of a business entity (“you”, or “your”, or “Carrier”), that sets forth the terms and conditions for your use of the service whereby Outgo provides certain rewards in connection with your use of a Bank Account (the “Rewards Program”). This Rewards Agreement is incorporated into and made a part of the agreement between you and Outgo available at: [https://www.outgo.co/legal/platform-agreement] (the “Outgo Platform Agreement”). Undefined initially capitalized terms used in this Rewards Agreement shall have the meanings ascribed to them in the Outgo Platform Agreement.
- ACCEPTANCE OF TERMSBy accessing and/or using the Rewards Program on behalf of yourself or the entity that you represent, you acknowledge that you have read, understood, and agree to be bound by the terms of this Rewards Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Rewards Agreement form an essential basis of the bargain between you and Outgo, and this Rewards Agreement governs your use of the Rewards Program.
- INCORPORATION OF OTHER AGREEMENTSYou acknowledge that additional agreements may also govern your relationship with Outgo, including but not limited to, the Outgo Platform Agreement, the Outgo Invoice Agreement, and the Outgo Factoring Agreement. Any such additional agreements shall continue to apply in full force. For the avoidance of doubt, the Rewards Program are a “Service” as defined by the Outgo Platform Agreement and subject to all relevant provisions governing Services in the Outgo Platform Agreement, including but not limited to, the Disclaimer of Representation and Warranties, Limitation of Liability, and Choice of Law and Forum; Jury Trial Waiver
- BANK ACCOUNTTo access some Outgo’s services, you may need to sign up for one or more business deposit accounts, which are made available by one of Outgo’s bank partners (each bank partner, a “Provider Bank”), (each business deposit account, a “Bank Account”). If your Bank Account is provided by the Provider Bank, use of such Bank Account will be subject to a Deposit Account Agreement (currently accessible at https://www.outgo.co/legal/deposit-account-agreement) and the use of a card associated with such Bank Account will be subject to a Cardholder Agreement (currently accessible at https://www.outgo.co/legal/debit-cardholder-agreement) between you and Provider Bank. Please note that Provider Bank only provides Bank Accounts and associated banking services; Provider Bank does not provide or facilitate the Services. The Services are provided solely by Outgo.Your Bank Account will act as an operating account from which you can spend funds for various commercial purposes in conjunction with your business and receive payment for invoices you generate through your business.Please note that Bank Accounts may be subject to transaction restrictions that will be disclosed to you through the Services or in your Deposit Account Agreement. Such restrictions may also be based on the number of trucks in your fleet. These controls are subject to change at any time in the sole discretion of Outgo and Provider Bank.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 a Bank Account, we or Provider Bank will ask for your name, address, date of birth, and other information that will allow us to identify you. We or Provider Bank may also ask to see your driver’s license or other identifying documents.
- REWARDS PROGRAM
- 4. 1 Program OverviewBy opening and maintaining a Bank Account in good standing, you are automatically enrolled in Outgo’s rewards Program (“Outgo Rewards”). Outgo Rewards is part of the Services. However, if you do not open a Bank Account with the Provider Bank, you will not have access to Outgo Rewards nor can you accrue Rewards. The purpose of Outgo Rewards is to reward you for certain Qualifying Purchases. You may accrue either factoring on more favorable terms or other rewards we may make available from time-to-time(“Rewards”) when you make qualifying purchases (each, a “Qualifying Purchase”) using the debit card associated with your Bank Account (the “Outgo Card”).If, in connection with your use of the Factoring Service, any Unpaid Invoices (as defined in the Factoring Agreement) were factored to cover all or a portion of the transaction amount of the Qualifying Purchase then Outgo may reimburse or waive the Factoring Fee (as defined in the Factoring Agreement) to you in all or in part, as disclosed to you through the Services.
- 4.2 EligibilityTo participate in Outgo Rewards, your Bank Account must be continuously in good standing. If your Bank Account is not in good standing for any reason, or we determine in our sole discretion that you are misusing Outgo Rewards or have otherwise violated this Rewards Agreement, you may be ineligible to earn Rewards, and you may forfeit any Rewards previously earned or accrued. We may temporarily or permanently disqualify you from participating in Outgo Rewards and/or adjust or cause to be forfeited any or all Rewards accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, violation of any other agreement with us or one of our affiliates, or any other violation of any of this Rewards Agreement, as determined by us in our sole discretion. Rewards cannot be combined with other discount or reward programs unless specifically authorized by us. We may cancel or forfeit any Rewards you may accrue under Outgo Rewards if you default on any provision of this Rewards Agreement, the Outgo Platform Agreement, the Deposit Account Agreement or the Cardholder Agreement.
- 4.3 Qualifying PurchasesAll posted purchases you make with your Outgo Card are Qualifying Purchases, subject to the limitations in this paragraph. Excluded transactions include cash withdrawals, transactions that are deemed fraudulent, disputed transactions or transactions subject to chargebacks. We may determine that a transaction type or particular transaction is excluded from eligibility for Rewards accrual at any time. Any Outgo Card transaction conducted or effectuated while you are in default of this Rewards Agreement does not qualify as a Qualifying Purchase, unless otherwise permitted by us. We reserve the right to determine, in our sole discretion, whether a particular transaction is a Qualifying Purchase. Rewards are offered solely by Outgo subject to our Rewards Program and not offered by or provided through any merchant.If you return, charge back, cancel, dispute, or otherwise request a refund for a Qualifying Purchase for which you have already received Rewards, we reserve the right to remove any related Rewards amount from your Bank Account, or offset such amount from any future Rewards. If we choose to remove the amount from your Bank Account, you authorize us to debit your Bank Account, regardless of whether this causes the Bank Account to have a negative balance or overdraft, and you agree to provide any documentation or authorizations required to ensure that any such Rewards amount is returned to us.
- 4.4 Rewards MiscalculationsIt is your responsibility to ensure that earned Rewards are properly accrued and credited in accordance with this Rewards Agreement. If you think you were eligible for a Reward that was not properly credited to you or on your behalf, we can require that you submit documentary evidence to support your claim that is satisfactory to us. You must send your claim for an improperly credited Rewards within sixty (60) days after the date upon which the credit was applied or you claim such crediting was supposed to have occurred but did not. If you do not file your claim within sixty (60) days, Rewards earned will be deemed accurate and you will have waived any claim for adjustment. We reserve the right (but are not required) to correct inaccurate Rewards, and to adjust Rewards at our sole discretion. If we do not credit, or improperly deny, a Rewards redemption to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Rewards redemption, if available, or such other alternative benefit as we in our sole discretion may determine.
- 4.5 TaxesAll amounts paid to you in connection with Outgo Rewards are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with Outgo Rewards. We are not responsible for determining whether you owe taxes in connection with your access to or use of Outgo Rewards or for collecting, reporting, or remitting taxes arising from your access to or use of Outgo Rewards, except for our own income taxes.
- 4.6 Additional Rewards Program TermsYou have no rights or other vested legal interest in accrued Rewards until they have been applied to your Bank Account. Rewards may not be transferred or assigned to any other party, and any attempt to do so shall be void and of no legal effect. The sale or barter of any Rewards, other than by us, is expressly prohibited.You may be disqualified from participating in Outgo Rewards and your accrued Rewards may be forfeited if at any time you violate this Rewards Agreement, the Outgo Platform Agreement, the Outgo Factoring Agreement, the Outgo Invoice Agreement, violate applicable law, or misuse your Bank Account or any part of the Services.We may, without prior notice or liability to you, discontinue Outgo Rewards or modify Outgo Rewards by adding or removing features or functionalities, even though such changes may affect Rewards awarded to you. We may limit accrual and redemption of Rewards, including through caps, fees, and expiration. We may also revise the terms governing Outgo Rewards from time to time in our sole discretion, subject to applicable law.
- PriorityIn the event of any conflict between this Rewards Agreement and the Outgo Platform Agreement, this Rewards Agreement shall control.
- DisclosureOutgo is not a bank. Banking services are provided by Blue Ridge Bank N.A., Member FDIC. The Outgo Visa Business Debit Card is issued by Blue Ridge Bank N.A., pursuant to a license from Visa U.S.A. Inc. and may be used anywhere Visa cards are accepted.