Users warrant that any wire instruction submitted through the account in compliance with Mercury's security procedures is effective and binding, even if the actual sender is not the authorized user and even if the account holder did not authorize the specific wire instruction. This provision assigns the risk of unauthorized wire instructions to the user provided the security procedures were technically complied with.
This analysis describes what Mercury's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that compliance with security procedures is treated as conclusive authorization for wire instructions, irrespective of whether the account holder actually authorized the specific transfer. This places the risk of social engineering, credential theft, or insider fraud on the account holder rather than on Mercury or its wire services providers, for commercial accounts not subject to Regulation E.
Mercury's updated terms establish detailed rules for how recurring autopay works on invoices. Under the revised language, payers authorize recurring ACH debits through a separate addendum, Mercury will not retry failed payments (except once if caused by a Mercury system issue), and autopay authorization will automatically cancel after two consecutive failures in a series. You can prevent autopay cancellation by ensuring payers have sufficient funds, re-enrolling the payer, or requesting manual payment if the series fails twice.
View change record →The updated terms establish that when customers pay invoices you issue through Mercury Invoicing via ACH debit, Mercury will apply a hold period before crediting the funds to your account. The hold period is determined by Mercury in its sole discretion based on risk factors related to the transaction, payer, and payment history, and may range from 1 to 4 business days from the date the ACH debit is initiated. Mercury will display an estimated funds availability date for each incoming invoice payment in your Invoicing dashboard.
View change record →Under this clause, wire instructions submitted through a Mercury account in compliance with security procedures are deemed effective and binding regardless of whether the actual account holder authorized them, with the authorization warranty provided by the user. Consumer accounts subject to Regulation E may have additional statutory error resolution protections that interact with this provision.
Cross-platform context
See how other platforms handle Security Procedures and Wire Instruction Authorization and similar clauses.
Compare across platforms →"You warrant to us and the International Wire Services Providers that (a) your Administrators and Users are authorized to originate and/or approve Wire Instructions, and (b) any Wire Instructions communicated to us through your Account in compliance with the Security Procedures are effective and binding, irrespective of the actual identity of the sender or whether you authorized the Wire Instructions.Excerpt from Mercury's Terms of Service
1) REGULATORY LANDSCAPE: For consumer accounts, Regulation E provides error resolution rights for unauthorized electronic fund transfers that may supersede this contractual warranty as acknowledged in Section 8 of the agreement.
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This provision establishes that compliance with security procedures is treated as conclusive authorization for wire instructions, irrespective of whether the account holder actually authorized the specific transfer. This places the risk of social engineering, credential theft, or insider fraud on the account holder rather than on Mercury or its wire services providers, for commercial accounts not subject to Regulation E.
Under this clause, wire instructions submitted through a Mercury account in compliance with security procedures are deemed effective and binding regardless of whether the actual account holder authorized them, with the authorization warranty provided by the user. Consumer accounts subject to Regulation E may have additional statutory error resolution protections that interact with this provision.
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