Last updated: December 16, 2020
Welcome to the DailyPay Program!
We want you to completely understand the DailyPay Program. These DailyPay Program Terms (“Program Terms”) are a contract and explain important things you should know about the DailyPay Program.
By using the DailyPay Program, you agree to these Program Terms, the DailyPay Cycle Payment Terms available at (“Cycle Terms”), and the DailyPay Site Terms available at (“Site Terms”), Please read these Program Terms, the DailyPay Cycle Payment Terms, and the DailyPay Site Terms carefully. Capitalized terms used in these Program Terms have the meanings provided in Section 9 below.
Other Languages: We may offer you a version of these Program Terms in another language to facilitate your understanding of these Program Terms, but in case of disputes or controversies the English version will prevail.
DailyPay provides software to individuals that enables the individuals to access unpaid earnings. The DailyPay Program provides you with information and budgeting tools, which you can use for free. The information and tools the DailyPay Program provides you can help you monitor the hours you have worked, analyze and predict your net regular pay, and obtain a better picture of how much money you have earned so you can budget.
In addition to the information and budgeting tools described in Section 1, you can use the DailyPay Program to access, for a transaction fee, some or all of the money you have already earned as regular pay (i.e., your Unpaid Earnings).
For clarity, the DailyPay Program does not relate to other amounts the Hiring Entity owes you, such as net bonus pay, incentive pay, expense reimbursements, termination pay, and other off-cycle amounts that do not arise from the regular pay, wage or salary payment cycle. Instead, DailyPay Cycle Payment relates to those amounts.
Here is how this feature works:
From time to time, you may log into your DailyPay account and ask us to access some or all of your Unpaid Earnings. You must link one of your own bank accounts or a paycard to your DailyPay account. You may also link a debit card other than your linked paycard to your DailyPay account in addition to your linked bank account. Each time you ask us to access any Unpaid Earnings, we will ask you to confirm your linked bank account or linked debit card for your receipt of payments. We will also tell you how much of your Unpaid Earnings we are willing to provide, and we will disclose our transaction fee to you. You will have an opportunity to accept or decline the transaction terms. When you accept the transaction terms, you give us all right, title, and interest to the related Daily Earnings, and we will send the Amount Provided to your linked bank account or linked debit card, so that you can use your money whenever, wherever, and however you wish.
We do not assume any liabilities or duties related to any Unpaid Earnings: any such liabilities and duties will remain solely with you. By giving us your right, title, and interest in and to your Daily Earnings, you agree that we can stand in your shoes and receive payment for the Daily Earnings from the Hiring Entity. Our right to receive your Daily Earnings is non-recourse. This means that if the Hiring Entity pays us an amount that is less than the amount of the Daily Earnings—for example, if the Hiring Entity is unable to make payment because its business has slowed down or closed in the ordinary course of business—and if you have not breached these Program Terms, then you will owe us nothing.
We know that having the right to receive your Daily Earnings has associated risks, and we assume these risks based on the representations, warranties, and promises you make in these Program Terms. You agree that the provisions of these Program Terms are designed to give us a reasonable and fair opportunity to receive the benefit of our transaction with you.
Before you can use the feature described in this Section 2, you will need to set it up with the Hiring Entity. You will receive a DailyPay Routing and Account Number from us for an account that we establish for your participation in the DailyPay Program. You agree to make direct deposit arrangements with the Hiring Entity using your DailyPay Routing and Account Number as the account of record in the Hiring Entity’s payment system. You agree to instruct the Hiring Entity to direct all of your net regular pay to that account, and you authorize us to convey such instructions to the Hiring Entity on your behalf. This means that when the Hiring Entity runs payroll or pays fees, all of your net regular pay or fees will be directly deposited in the account bearing the DailyPay Routing and Account Number. For each pay period, we will keep any Daily Earnings, and you will receive the rest of your Unpaid Earnings in your linked bank account or linked debit card. If you have linked both a bank account and a debit card, you will receive the rest of your Unpaid Earnings in your linked bank account by default. You may choose to receive them in your linked debit card instead through the Site by changing your DailyPay account settings. If you have any difficulty doing so, you may email us a request for assistance at: firstname.lastname@example.org. Please note that another of our Services, DailyPay Cycle Payment, is not compatible with debit cards linked to your DailyPay account, unless such debit card is a paycard. As a result, even if payments related to the DailyPay Program are delivered to your linked debit card, payments related to DailyPay Cycle Payment will be delivered to your linked bank account, unless your linked debit card is a paycard.
You must notify us immediately if your linked bank account or linked debit card information changes. If you do not, your DailyPay account and your participation in the DailyPay Program, including your payments or Daily Earnings and Unpaid Earnings, could be adversely impacted. We are not liable for any of these adverse impacts. We also do not control when your bank posts incoming payments to your linked bank account or linked debit card, so there may be delays which are beyond DailyPay’s control and which you may resolve with your bank. You may also change the linked bank account or linked debit card we have on file for you through the Site by changing your DailyPay account settings. If you have any difficulty changing your settings, you may email us a request for assistance at: email@example.com. We may use third-party service providers to interact with your linked bank account or linked debit card, including obtaining and exercising your authority to manage and initiate debit and credit transactions involving your linked bank account or linked debit card. You authorize us and these third-party service providers to interact with your linked bank account or linked debit card to the extent necessary to provide you the DailyPay Program.
We reserve the right, in our sole discretion, to delay, suspend, or terminate your access to your DailyPay account, your participation in the DailyPay Program, and payments if we believe there has been fraudulent or suspicious activity related to your DailyPay account or if you have been terminated as a service provider by the Hiring Entity.
The DailyPay Program relies upon information from the Hiring Entity about you. You consent to the Hiring Entity sharing data required for us to provide the DailyPay Program. This includes:
DailyPay only requests information from the Hiring Entity that is required to provide the DailyPay Program, and such information is not shared outside of DailyPay, other than with regulators, the Hiring Entity, and DailyPay’s service providers that are necessary to provide the DailyPay Program
DailyPay cannot provide retroactive access to Unpaid Earnings that arose before you established your DailyPay account
If your DailyPay account is closed, you authorize us to inform the Hiring Entity and to provide the Hiring Entity for payment purposes the linked bank account or linked debit card information and related information we have on file for you. You consent to your pay being sent to the linked bank account or linked debit card we have on file for you after your DailyPay account is closed unless you specify otherwise
You promise us that:
You represent and warrant to us on a continuing basis that:
And each time you ask us to access any of your Unpaid Earnings, you also represent and warrant to DailyPay that at the time of your request:
The DailyPay Program relies upon information from the Hiring Entity about you. Sometimes the Hiring Entity might disagree with you about the amount of Unpaid Earnings you earned or the amount that it owes you. We do not resolve or otherwise become involved in Disputes between you and the Hiring Entity. Instead, resolving such Disputes is your sole responsibility. You must notify us of any Dispute immediately but in no event more than five days of becoming aware of it, and you must work directly with the Hiring Entity to resolve the Dispute. A Dispute is resolved when the Hiring Entity pays the full amount of the disputed Daily Earnings. You will provide DailyPay periodic updates, as requested by DailyPay, regarding the status of the Dispute.
You must resolve any Dispute related to the Daily Earnings within 30 days of becoming aware of it. If you are unable to resolve a Dispute related to the Daily Earnings within 30 days of becoming aware of it, then you must immediately send us payment in the amount of the Amount Provided but in no event more than three additional days. If we learn that you did not send us payment pursuant to this paragraph, we may debit your linked bank account as provided in Section 7.
You authorize us to initiate an ACH account debit from your linked bank account in the amount specified below whenever any of the following events occur:
You appoint us and our designees your true and lawful attorney in fact, with full power to take any action relating to the Daily Earnings in your name and place that we or our designees deem advisable and consistent with the terms of these Program Terms. You will timely execute and deliver to us any power of attorney instrument evidencing our authority and power under this Section 8.
We have the right of setoff, and we may offset against any outstanding or uncollected amounts owed to us by you from any amounts we would otherwise be obligated to furnish to you or any amounts we might otherwise owe you under these Program Terms or any other agreement. If we decide to exercise our right of setoff, we will notify you at least seven days before we exercise it. In addition to exercising our right of setoff, we retain the right to pursue any other remedy permitted by law or equity.
The following terms used in these Program Terms have the following meanings:
The Friday by DailyPay Visa®️ Prepaid Card is issued by The Bancorp Bank, N.A., Member FDIC, pursuant to a license from Visa U.S.A. Inc. and can be used everywhere Visa debit cards are accepted.