In partnership with your Employer, we are pleased to offer you the Express Pay Program (“Express Pay”). These Express Pay Terms (“Express Pay Terms”) apply to your use of Express Pay. Each time you use Express Pay, you agree to these Express Pay Terms.
To enroll in Express Pay:
- You need to agree to our Employee Terms of Service (“Employee Terms”), which are available at https://www.useferry.com/legal/employee-terms-of-service, and which are incorporated in these Express Pay Terms by reference;
- You must be enrolled in the Ferry Prepaid Payroll Card program, whose terms are available at https://www.useferry.com/legal/payroll-cardholder-agreement; and
- You must successfully complete your first Transfer from your Express Pay Balance.
Further, either we or your Employer may have eligibility criteria that you must meet to use Express Pay, and we or your Employer may update these criteria at any time. We may impose minimum or maximum amounts for your use of Express Pay, including daily and monthly limits. We may change these amounts at any time. We will not pull your credit report or otherwise review your creditworthiness to determine your eligibility for Express Pay. If you have any questions about your eligibility, please contact Ferry at support@useferry.com.
The Employee Terms contain an agreement to arbitrate disputes with us, to give up your right to a jury trial and from joining a class action against us, and other important terms about your relationship with us. Please review them carefully before you use Express Pay because they apply to your use of Express Pay.
Capitalized terms that are not defined in these Express Pay Terms, either in the relevant section or in the Section titled “Definitions”, are defined in the Employee Terms. Our Privacy Policy also applies to your use of Express Pay, which is available here: https://www.useferry.com/legal/privacy-policy.
Spanish Translation Notice. We are providing you with the Spanish translation of the Express Pay Terms for Express Pay for your convenience only. If you choose to enroll in Express Pay, the English version of this document will be the version that will govern your use of Express Pay. If you have any questions about this agreement, please contact Ferry by calling +1 (424) 766-5077 or emailing support@useferry.com. Ferry does not have dedicated support services in Spanish. However, if our agent who handles your question speaks fluent Spanish, we will try to address your question in Spanish.
Using Express Pay to Access Your Earned Compensation
- You can use Express Pay to request a Transfer. You do not have to request a Transfer and you can wait until your regular payroll date to receive the full amount of your Earned Compensation.
- To use Express Pay, you must: (a) have an active Ferry Payroll Card Account (“Card Account”) in good standing, (b) be enrolled in your Employer’s direct deposit program, and (c) either:
- instruct your Employer to direct your Earned Compensation to your Card Account on your regular payday, or
- if you fail to make such instructions directly to your Employer, you authorize Ferry to convey such instructions to your Employer on your behalf. By agreeing to these Express Pay Terms, you are giving Ferry this authorization to act on your behalf. This means that even if you neglect to make an explicit instruction to your Employer to direct your Earned Compensation to your Card Account, by using Express Pay to request a Transfer and by enrolling in Express Pay as described above, your Earned Compensation will always go to your Card Account (a) on your regular payday, or (b) if you are terminated or otherwise leave your job before your regular payday, then to your Card Account in the timeframe required by applicable law. You may choose to receive your Earned Compensation from your Employer by another method, but if you do so, you will be unable to use or enroll in Express Pay.
- How to request a Transfer and Processing Fees. If you choose to use Express Pay, this is how it works:
- Log in to your Ferry Account and navigate to the Express Pay section.
- If you have an Express Pay Balance eligible for a Transfer, you may request a Transfer.
- Your Card Account will be your default account for receiving your Received Transfer Amount(s). You may also link your checking account or your debit card or other account that you own or you have rights in to your Ferry Account to receive Transfers (each such account is a “Destination Account”).
- For each Transfer request, you may choose the Destination Account where you want to receive your Received Transfer Amount.
- In the Express Pay section of your Ferry Account, you will see your “Express Pay Balance,” which is the maximum amount of your Earned Compensation that you may request through a Transfer. The maximum amount does not include any fee we may charge (“Processing Fee”) to process your Transfer, but if you choose an option with a Processing Fee, you will receive less than the maximum amount. The Received Transfer Amount is the amount you requested minus any Processing Fee we charge.
- Each time you request a Transfer, you must tell us the amount you would like to receive, and choose your preferred Destination Account and Transfer speed (each, a “Payout Option”). When you choose a Payout Option, we will show you the Received Transfer Amount before you choose to proceed. The amount you request to Transfer will include the applicable Processing Fee, if any. For example, if you request a $100.00 Transfer and the Processing Fee is $2.99, your Received Transfer Amount will be $97.01 to your Destination Account.
- We will always offer you at least two Payout Options, and at least one of them will always be free. Our current Payout Options and standard Processing Fees are listed below. You will never pay more than the standard Processing Fee for a Transfer. We will display the Processing Fee at the time you request a Transfer. The electronic disclosure of such Processing Fee will be considered part of these Express Pay Terms.
- There is no fee for enrolling in or accessing Express Pay and you will not be charged any other fees other than the Processing Fee, if any, to access your Earned Compensation through Express Pay.
- Payout Options:
| Type | Destination Account | Speed | Standard Processing Fee |
| Instant Transfer | External Destination Account | Instant | $2.99 |
| Instant Transfer | Ferry Payroll Card Account | Instant | $2.99 |
| Next Day Transfer | Ferry Payroll Card Account | 24 Hours | $0.00 |
| ACH Transfer | External Destination Account | 1-5 Business Days | $0.00 |
- The Processing Fee we charge is unrelated to the amount of your Transfer request. We may charge you a Processing Fee for each Transfer request you make. For example, two Transfers of $150 may cost you more than one Transfer of $300.
- You may request one or more Transfers during a pay period, up to a specified amount of your Earned Compensation for that pay period (minus any fees we charge for your Payout Option), which will typically be 50% of your Earned Compensation, but we may change that amount at any time at our discretion.
- Reimbursement of Ferry for your Transfers.
- When you request a Transfer, you authorize us to:
- direct your Employer to send us your entire Earned Compensation for that pay period;
- retain an amount equal to the Reimbursement Amount; and
- deposit your Remaining Earned Compensation for that pay period to either your Ferry Payroll Card Account on your payday, which you can access via your Ferry Payroll Card or make a transfer in the Ferry App, or to a different Destination Account.
- If you wish to receive your Remaining Earned Compensation to a different Destination Account at no charge, you may update your preferences in the Express Pay settings section of the Ferry App.
- If you elect to receive your Remaining Earned Compensation to a Destination Account other than your Ferry Payroll Card Account, we will make reasonable efforts to ensure the successful deposit of your funds. However, if your designated Destination Account is inactive, closed, or if the transfer is otherwise unsuccessful, we will deposit your Remaining Earned Compensation into your Ferry Payroll Card Account. In such cases, we will notify you by email.
- If your Ferry Payroll Card Account remains inactive for thirty (30) consecutive days or if you do not request a Transfer within that period, we may update the Destination Account for your Remaining Earned Compensation to your Ferry Payroll Card Account if you have chosen a different Destination Account. We will provide you with a minimum of three (3) days’ advance notice via email.
- Authorizing your Employer to pay us the Reimbursement Amount (your “Reimbursement Authorization”) does not create a debt obligation between you and us, and if your Employer does not reimburse us or if your Earned Compensation is insufficient to fully reimburse us and you have not violated these Express Pay Terms, we will have no legal recourse against you. We will not report nonpayment to any credit reporting agencies.
- This means that as long as you have not violated these Express Pay Terms, we:
- have no legal or contractual claim or remedy against you if you fail to repay in full your Reimbursement Amount including if, for example, your Employer is unable to make payments to us because your Employer can no longer meet its payroll obligations;
- will not engage in any debt collection activities or otherwise sell any unpaid Transfers as debt to a third party.
- By giving us your Reimbursement Authorization, you are not assigning, transferring, or conveying your Earned Compensation from your Employer to us. Ferry has no right to assert a claim against you or your Employer for your Earned Compensation and has no right, title to, or interest in or to your Earned Compensation.
- If, after any pay period, we do not receive the full amount of your Reimbursement Amount from your Employer on your payday, we may limit or suspend your use of Express Pay until you voluntarily pay us any amount remaining of your Reimbursement Amount, or you authorize us to receive reimbursement for any amount remaining of your Reimbursement Amount from your Employer at a future payroll date.
- Your authorization for electronic payments to your Destination Account and other payments terms.
- If you choose to receive Received Transfer Amounts via ACH, you authorize Ferry to initiate ACH payments to your Destination Account for the Received Transfer Amount. We may reverse erroneous ACH transactions according to the Nacha Rules. We will provide Express Pay in accordance with the provisions of the federal Electronic Fund Transfer Act, 15 U.S.C. §§ 1693 et. seq., and its regulations.
- Regardless of the Payout Option you choose, the time it takes for funds to become available in your Destination Account will depend on the receiving bank’s funds availability policy. We do not control when the Destination Account provider posts incoming payments, and there may be delays beyond our control that you will need to resolve with your bank.
- If you change or add Destination Accounts, you authorize Ferry to initiate ACH payments to such Destination Accounts on the same terms described in this Section. Your ACH authorization will remain in effect until you or we terminate your participation in Express Pay.
- You must notify us immediately if your Destination Account information changes. If you do not, your Received Transfer Amount or your Remaining Earned Compensation payment may be delayed, you may lose your eligibility to use Express Pay, and your Ferry Account may no longer be in good standing. We are not liable to you for any losses or any other adverse impacts on you that result from your failure to inform us of such changes.
Wage Payment Elections
- If you have enrolled in Express Pay and have completed a Transfer, the destination for your Earned Compensation from your Employer on your payday (your “Wage Payment Election”) must be your Card Account and you agree that you will not change the destination from your Card Account while you are participating in Express Pay. Changing your Destination Account for your Remaining Earned Compensation does not change your Wage Payment Election from your Card Account.
- As described in the Section titled “Using Express Pay to Access your Earned Compensation,” if you (a) fail to instruct your Employer to update your Wage Payment Election to your Card Account or (b) make an adjustment to your Wage Payment Election that removes your Card Account as your Wage Payment Election, you authorize Ferry to act on your behalf to instruct your Employer to direct your Earned Compensation to your Card Account on your regular payday.
- You understand and acknowledge that if you wish to change your Wage Payment Election to a destination other than your Card Account, you must (a) stop participating in Express Pay as set forth in the Section titled “Additional Terms,” and (b) update your Wage Payment Election with your Employer. Simply updating your Wage Payment Election will not stop your Earned Compensation from going to your Card Account on your regular payday.
Additional items related to using Express Pay
- You must keep your contact information up to date at all times. You can change your email address or your phone number by contacting support at support@useferry.com.
- We may use third-party service providers to obtain and exercise your authority to manage and initiate debit and credit transactions to and from your Destination Accounts, and to otherwise interact with your Destination Accounts. You agree that such transactions are subject to the terms and privacy policies of the third-party service providers and you may be denied access to or use of our third-party service providers if you do not meet their requirements. You authorize us and these third-party service providers to interact with your Destination Accounts to the extent necessary to provide Express Pay to you.
Your promises to us
As a condition of your use of Express Pay, each time you request a Transfer, you promise us that:
- you will not use Express Pay for any unlawful purpose or that is prohibited by these Express Pay Terms or the Employee Terms;
- you will not redirect payments or encumber your Earned Compensation with liens or security interests, or engage in any other conduct or inaction, that could impair, either individually or collectively, our ability to receive reimbursement of Total Transfer Amounts from your Employer;
- you will not use Express Pay to receive payments on your Earned Compensation from Ferry and another person or entity, or to otherwise receive more Earned Compensation than you have earned from your Employer. If you receive early payment of your Earned Compensation from someone other than Ferry, you must notify us immediately and hold the amount in trust for our benefit;
- there are no existing or potential claims, lawsuits, audits, inquiries, proceedings, or government investigations involving you or the transactions described in these Express Pay Terms that, if they are not resolved in your favor, could reasonably be anticipated to negatively impact our ability to receive reimbursement of any Total Transfer Amounts from your Employer, and your Earned Compensation is not otherwise subject to any dispute, claim, offset, deduction, discount, defense, or counterclaim of any kind;
- you have used no name with us or with your Employer other than the name you used or verified to establish your Ferry Account;
- you (1) hold all legal right, title, and interest to and in your Earned Compensation, free and clear of any liens, encumbrances, judgments, or garnishments that would inhibit you from meeting your obligations under these Express Pay Terms; and (2) have not sold, pledged, assigned, or encumbered your Earned Compensation to any third party;
- your Earned Compensation is (1) presently and unconditionally owed and has not been previously modified, dismissed, settled, or paid by your Employer; (2) not currently past due; and (3) arises solely from your actual work for your Employer, which you accurately recorded and described;
- you will not request a Transfer if you know or suspect that the information in the Ferry App regarding your Earned Compensation is incorrect; and
- there has been no error, misrepresentation, negligence, fraud, omission, or violation of law on your part regarding the Earned Compensation or the underlying work you did for your Employer.
Employer Disputes
- We rely on information that your Employer provides us regarding your Earned Compensation. Your Employer, and not Ferry, is responsible for the accuracy of any information displayed regarding your Earned Compensation. If you disagree with the information we display through the Ferry App, you must resolve the dispute directly with your Employer. We cannot resolve or become involved in any disputes between you and your Employer.
- You must notify us of any dispute with your Employer immediately. You will provide us with periodic updates, or as requested by us, regarding the dispute’s status. If you resolve the dispute with your Employer, the correct data may still not be displayed through the Ferry App, it may take additional time to be displayed, such as until your next payroll cycle, or it may never be updated in the Ferry App. If after you resolve a dispute with your Employer and the data is not displayed correctly in the Ferry App, you must contact your Employer about the discrepancy.
- If we have given you a Transfer on a disputed amount, you must resolve the dispute with your Employer within 30 days. If the resolution requires you to authorize your Employer to pay us all or a portion of the Reimbursement Amount from your next scheduled payroll, you agree either (1) to a Reimbursement Authorization for such amount, or (2) to pay us directly that amount within three days of the resolution. If you cannot resolve the dispute within 30 days, we may suspend or terminate your access to Express Pay.
Excessive or Duplicative Amounts
If any of the following occurs, you may receive amounts from us that exceed or duplicate your Earned Compensation or the Received Transfer Amount:
- because of an operational error, we either pay you an amount you did not request or more than the expected Received Transfer Amount;
- you receive or we learn that you are expected to receive payment for your Earned Compensation from your Employer before your normal payroll date or from someone other than Ferry; or
- you (1) receive or retain a Received Transfer Amount that exceeds what you were legally entitled to receive from your Employer, (2) misdirect funds from Ferry to a Destination Account, or (3) commit or omit any other act that is a breach of your promises under these Express Pay Terms.
If any of these events occur, we will give you options to resolve the amounts you owe. We may allow you to pay such amounts by (i) authorizing us to settle such amount against your next paycheck(s), (ii) authorizing us to initiate a debit from your Card Account or any other bank account you own, or (iii) in another manner mutually agreed to by you and us. If you do not select an option, we may default to settling such amount you owe against your next paycheck. You acknowledge that we may pursue any remedy permitted by law or equity, which will be cumulative, if any of these events occur and they are not resolved.
If you authorize us to debit your Card Account or other bank account you own and you lack sufficient funds, then your financial institution may impose a fee on you for nonsufficient funds, an overdraft, or another fee. You are solely responsible for any such fees that your financial institution imposes on you.
Additional Terms
- Closing your Ferry Account or terminating your access to Express Pay. We reserve the right, in our sole discretion, to delay, suspend, or terminate your participation in Express Pay if we believe (1) you become ineligible for Express Pay, based on criteria that we or your Employer establish, (2) that any of the events in the Section titled “Excessive or Duplicative Amounts” occur and are not resolved, (3) we believe in good faith that you have defrauded or intend to defraud us, (4) there has been fraudulent or suspicious activity related to your use of Express Pay, (5) your Employer has terminated your employment, (6) you have violated these Express Pay Terms, or (7) your Ferry Account has been compromised or that someone else is attempting to make Transfer requests on your behalf, or if such action is otherwise necessary for legal or security reasons to protect Express Pay.
- You may choose to stop participating in Express Pay.
- To stop participating in Express Pay, you may do so through the Settings page in the Ferry App.
- Requesting to stop participating in Express Pay does not cancel any of your obligations under these Express Pay Terms that arise before your request becomes effective, all of which such obligations will survive the expiration or termination for any reason of these Express Pay Terms.
- If you have any difficulty stopping your participation in Express Pay, email us at support@useferry.com.
- Terminating your participation in Express Pay. If we close your Ferry Account, terminate your access to Express Pay, or you request to stop participating in Express Pay (each, a “Termination Request”), the following process will happen (“Termination Process”):
- Your ability to make a Transfer will be revoked immediately.
- Ferry will begin processing the Termination Request. We may take up to two complete pay periods to complete the Termination Process, depending on (a) when the Termination Request occurs, (b) whether you have requested a Transfer during the pay period the Termination Request occurred, and (c) when your Employer completes payroll and sends us the file for payment.
- If you did not request a Transfer during the pay period in which the Termination Request occurred, we will execute the Termination Process as soon as possible, often during the same pay period, but not more than 2 complete pay periods.
- If you did request a Transfer during the pay period in which the Termination Request Occurred and Ferry has not yet received the Reimbursement Amount, your payment election for your Earned Compensation must remain your Card Account, as agreed to in the Section titled “Using Express Pay to Access your Earned Compensation,” until we have received the full Reimbursement Amount from your next payroll. After we receive the Reimbursement Amount, we will complete the Termination Process as described in step 2 above.
- When we complete the Termination Process, we will notify you by email.
- Your Remaining Earned Compensation may still go to your Card Account (or the designated Destination Account), even if you update your payment election with your Employer, until we notify you by email that we completed the Termination Process and your Employer has been able to process your payment election change in its payroll system.
- After you have received notification that your Termination Request has finished processing, you may change your payment election with your Employer; your payment election will remain your Card Account unless you change it with your Employer, and the timing for such change will be dictated by how long it takes your Employer to process the change.
- Modification of Express Pay or the Express Pay Terms. We reserve the right to change these Express Pay Terms at any time, or to temporarily or permanently discontinue Express Pay with or without notice to you. We also reserve the right to change the features and eligibility criteria of Express Pay at our discretion. We will notify you of any material changes to the Express Pay Terms via email or through your Ferry Account, and the Express Pay Terms will always indicate the date they were last revised. Changes to these terms will take effect 30 days after we notify you of the change, unless we specify an earlier date. If you don’t like the changes we have made, you must stop participating in Express Pay. By continuing to use Express Pay after we notify you of any changes to these Express Pay Terms, you are letting us know that you agree to the changes, just as you did when you first agreed to these Express Pay Terms. We will not be liable to you or anyone else for any modification, suspension, or discontinuance of any features or components of Express Pay.
Governing law
These Express Pay Terms and any disputes about these Express Pay Terms will be governed by New York law or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within the state of New York, without regard to its choice of law or conflicts of law principles that would require application of the law of a different jurisdiction.
Miscellaneous
- If any portion of these Express Pay Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Express Pay Terms as a whole will not be deemed unlawful, void, or unenforceable, but only that portion of these Express Pay Terms that is unlawful, void or unenforceable will be stricken.
- If we do not enforce, or if we delay enforcing any of our rights under these Express Pay Terms, we will not lose those rights. We may also decide to waive one or more of our rights without notifying you, but doing so does not waive our right to enforce those rights later.
Definitions
“ACH” means the Automated Clearing House.
“Express Pay Balance” means the amount available to be transferred to a Destination Account, which is typically 50% of your Earned Compensation in a given pay period.
“Earned Compensation” means your regular wages or salary from your Employer that are payable, but not yet paid, to you for work you performed for your Employer, as well as any associated rights. Earned Compensation does not include other amounts that your Employer may owe you, including bonus pay, incentive pay, expense reimbursements, termination pay, or other irregular payments that fall outside the scope of your standard pay, wage, or salary payment schedule.
“Employer” means the entity that employs you or that is otherwise contractually obligated to pay you Earned Compensation.
“Received Transfer Amount” means the amount of the Transfer that we send to your Destination Account, not including Processing Fees incurred, if any.
“Reimbursement Amount” means the aggregate Total Transfer Amounts you received from us during a given pay period plus Processing Fees, if any.
“Remaining Earned Compensation” means the amount you will receive on your payday, calculated by taking your Earned Compensation and subtracting from it the Reimbursement Amount, if any.
“Transfer” means an Express Pay transfer for the portion of your Earned Compensation that you elect to receive as an early payment through Express Pay before your payday, which includes Processing Fees you incur, if any.
“Total Transfer Amount” means the total amount of the Transfer, which is the sum of the Received Transfer Amount plus any Processing Fees.