1. As used in these terms and conditions ("Terms and Conditions"), "You" shall mean you as the applicant or customer of AuisyTrader Clearing, LLC. The use of the terms "AuisyTrader", "AuisyTrader Clearing", "We", "us", or "our" means AuisyTrader Clearing, LLC and its affiliates.
2. We use the service provider Plaid Inc. ("Plaid") to access, retrieve and send us bank transactions ("Transaction Data") from third-parties with which you have a customer relationship and maintain accounts or engage in financial transactions.
3. By providing your internet bank account details, including your bank account username, password and security login details (Internet Banking Credentials) you expressly authorize Plaid to access your Transaction Data maintained by identified third parties, on your behalf, and you expressly authorize such third parties to disclose your Transaction Data to Plaid and AuisyTrader Clearing. You further agree that AuisyTrader Clearing and Plaid may access, view, copy, store and use your Transaction Data for various purposes including but not limited to the following:
a. Verifying the information you provided to us during the application process;
b. Making a decision on your AuisyTrader Clearing application;
c. To provide or facilitate any services or products to you;
d. Use your data internally to improve its services;
e. Use, license, distribute aggregated data; and
f. For any other purpose set forth in these Terms and Conditions, our Privacy Policy, or otherwise agreed upon between you and AuisyTrader Clearing.
4. You give Plaid the following additional permissions regarding your Transaction Data:
a. Use to provide or improve its services;
b. Use, sell, license, distribute aggregated data which will not include any personally identifiable information. Plaid will not disclose any of your data other than aggregated non-personally identifiable information; and
c. To the extent Plaid acts as an intermediary on your behalf, you permit Plaid to perform fraud screening including verifying your identity and any information contained in an account you have with Plaid. For more information regarding Plaid’s Privacy Policies, see: Privacy and security policies | Plaid.
5. After Plaid provides us with your Transaction Data and AuisyTrader Clearing has used such data for the specific purpose intended, AuisyTrader Clearing will instruct Plaid to delete your Internet Banking Credentials so neither Plaid nor AuisyTrader Clearing shall be permitted to refresh your Transaction Data absent your express written consent and resubmission of Internet Banking Credentials.
6. You represent that you are a legal owner of, and that you are authorized to provide Plaid with the Internet Banking Credentials.
7. You must provide true, accurate, current and complete information about your bank account information, including your Internet Banking Credentials and you may not misrepresent your identity.
Debit Transactions
AuisyTrader Clearing will initiate an ACH debit at your request to debit funds from an account that you own at another financial institution (“External Account”) for deposit into your Futures Account.
You understand that in order for AuisyTrader Clearing to initiate an ACH debit, the financial institution holding your External Account must participate in the ACH system. You understand that for the ACH transfers to be established, at least one common name must match exactly between your Futures Account and your External Account.
You authorize AuisyTrader Clearing to take such steps as it deems appropriate to verify your ownership of External Account, including communicating to the bank at which the External Account is held that you have authorized and consented to such bank disclosing to AuisyTrader Clearing any information that may be requested regarding you or your External Account.
You also agree to cooperate with AuisyTrader Clearing’s verification of your ownership of the External Account by promptly providing any identification or other documentation that AuisyTrader Clearing may request regarding such External Account. You represent and warrant that there are sufficient funds in your External Account to cover the amount of the deposit to your Futures Account.
AuisyTrader Clearing will initiate the ACH debit to your External Account on the Business Day or next Business Day after you request the transfer. A transfer request will be deemed to have been made on a Business Day if it is received by AuisyTrader Clearing by 11:00 A.M. Eastern on such Business Day; if received after that time, the transfer request will be deemed to have been made on the next Business Day. “Business Days” are Monday through Friday, excluding U.S. federal holidays.
Within 60 days of the date of your ACH deposit, your funds may only be withdrawn to the External Account from which such funds were debited. You understand that an ACH debit transfer may be reversed or rejected if: (A) there are insufficient funds in your External Account; (B) there is a duplicate transaction; (C) the transaction is denied by the bank holding your External Account; or (D) your External Account does not support ACH transfers.
You acknowledge that in the event of an ACH reversal, you will incur a fee. Before initiating an ACH debit transfer, you agree to acknowledgement of the posted AuisyTrader Clearing fees schedule. You agree that you are solely liable and responsible for any ACH reversal fees that you incur, including any trading losses that may have occurred prior to an ACH reversal.
Credit Transactions
AuisyTrader Clearing will initiate an ACH credit at your request to transfer funds from your Futures Account to a recipient that you designate. You agree that you will have sufficient Available Funds in your Futures Account to cover the amount of any ACH credit that you ask AuisyTrader Clearing to initiate.
AuisyTrader Clearing will debit the amount of such request from your Futures Account on the Business Day or next Business Day after you request the transfer. A transfer request will be deemed to have been made on a Business Day if it is received by AuisyTrader Clearing prior to 11:00 A.M. Eastern on such Business Day; if received after that time, the transfer request will be deemed to have been made on the next Business Day.
You agree that AuisyTrader Clearing may use any means which AuisyTrader Clearing, in its sole discretion, considers suitable to execute your ACH credit transfers.