Hearth Banking Promotional Program Terms & Conditions
Please read this Hearth Banking Promotional Program Terms & Conditions (the “Promotional Program” or “Program”) carefully and retain it for your future reference. This Program contains the general terms, definitions, conditions, and disclosures related to the demand deposit account (the “Account”) made available to eligible businesses by Shogun Enterprises, Inc. DBA Hearth (“Program Partner”), the program partner responsible for managing the Account program, in partnership with Blue Ridge Bank, N.A.
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Partner acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents, or service providers. When you see the words “you” or “your,” it refers to you, the commercial owner of the Account, as well as your Authorized Users, representatives, officers, agents, and successors.
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account.
All definitions contained in your Business Deposit Account Agreement are incorporated herein.
All new Accounts that are opened on or prior to July 31, 2022 are automatically enrolled into the Promotional Program and will receive the Promotional Terms on their Accounts so long as their Accounts are active and in good standing.
2. PROMOTIONAL TERMS
2.1 Fees Waived by Program Partner
Under this Promotional Program, all eligible Accounts will have all the fees outlined in their Business Deposit Agreement waived by the Program Partner as long as the Account remains active and in good standing.
Specifically, the following fees are waived under this Promotional Program:
– Monthly Service Fee
– Dispute Fee
– Card Issuance Fee
– Overdraft Fee
– ATM withdrawal Fee
– ATM Deposit Fee
– Remote Check Deposit Fee
– ACH Payment Fee
– ACH Acceptance Fee
– ACH Return Fee
– Fedwire Fee
2.2 Fees Accessed by Third Party
You may still be accessed fees by third party banks or certain out of network banking partners. These fees will not be waived under this Promotional Program, and you remain responsible for these fees.
3. ACCOUNT CLOSURE & TERMINATION
3.1 Account Closure
If your Hearth Banking account is closed for any reason, your eligibility for this Promotional Program will automatically be terminated. If you choose to open a new account with Program Partner outside of this promotional period, your account will not be eligible for this Program.
We reserve the right, in our capacity as Program Partner, to terminate your eligibility for this Program immediately if we determine or can reasonably determine that fraud or any illegal activities has taken place as it relates to your Account.
4. THIRD-PARTY SERVICE PROVIDERS
You promise not to describe or hold out to the public or any other party that the Program Partner is conducting any banking activities, including processing transactions and/or handling account operations.
5. CONFIDENTIALITY AND PRIVACY
6. APPLICABLE TAXES
You agree to pay any applicable taxes, fees, or assessments that are charged by any federal, state, or local authority with respect to any monetary benefit under this Program.
You agree to indemnify and hold harmless Program Partner, it Affiliates and licensors, and each of their respective officers, directors, employees, agents and successors and assigns (each, a “Company Indemnitee”), from and against any and all claims, actions, suits, demands, causes of actions, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by each Company Indemnitee (including but not limited to cost of defense, investigation and reasonable attorneys’ fees), which are attributable to or arise from: (a) your breach of the Deposit Account Agreement and (b) any disputes between you and any third party. If and as requested by Program Partner, you agree to defend, at your cost, each Company Indemnitee in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any of the foregoing, provided that you shall not settle any claim, action or suit without the prior written consent of Program Partner. PROGRAM PARTNER HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU HARMLESS UNDER THIS AGREEMENT.
8. TERMS SUBJECT TO CHANGE