|Cardholder Agreement and Disclosure Statement
IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP IT
FOR FUTURE REFERENCE.
|This Agreement contains an arbitration
provision which appears below. Before accepting, signing, using or
adding value to the Card, you should read it carefully. Unless you reject it
in the manner described below, it may have a substantial impact on the
way in which you or we resolve any claim that we have against each other.
Rejection of the arbitration provision will not have an impact on your
ability to retain or use the Card.
1. The RTP Financial Services, LLC Prepaid MasterCard®
This document constitutes the agreement ("Agreement") outlining the terms
and conditions that apply as a result of your election to participate in the RTP
Financial Services, LLC Prepaid MasterCard also referred to as the PayPartners
Prepaid MasterCard Card Service (the "Service") by having your wages, salary,
reimbursements or other similar compensation loaded onto your RTP
Financial Services, LLC Prepaid MasterCard. You are not required to
participate in the Service. Always ask your Payer about other ways to receive
In this Agreement, "Card" means the RTP Financial Services, LLC Prepaid
MasterCard issued to you by First Covenant Bank (FCB)., which is not afiliated with
or related to your Payer. "You" and "your" means the person or persons who
have received and are authorized to use the Card as provided for in this
Agreement. "We," "us," and "our" mean FCB and its
successors or assignees. "Card Account" means the records maintained to
account for the value of claims associated with the Card.
3. When You Agree to be Bound and General Information About Your Card
and Card Account
By accepting, signing, using or adding value to the Card, you agree to be
bound by the terms and conditions contained in this Agreement. You
acknowledge and agree that the value available on the Card is limited to the
funds that have been loaded onto the Card. The party that pays your wages,
salary, reimbursements or other such compensation (your "Payer") is
responsible for instructing us when to move such funds to your Card and
how much to move. You hereby authorize your Payer and us to deduct funds
from your Card Account to correct any error or overpayment to you or as
otherwise set forth in this Agreement. The expiration date of your Card will
be indicated on the Card. The value available to you is recorded in your Card
Account and will decrease each time you use the Card to make a purchase,
obtain cash or transfer funds. You are not entitled to receive, and we do not
pay, any interest on the funds in your Card Account. Accordingly, the interest
rate on your Card Account is zero percent (0%) with an annual percentage
yield of zero percent (0%). You agree to sign the back of the Card
immediately upon receipt.
4. Activating Your Card and Selecting a Personal Identi_cation Number
Upon receipt of your Card, you must call us to activate the Card. To activate
your Card, call the number provided on the card carrier for your Card. Please
have your Card number, name, address, and social security number handy.
Your personal identification number (PIN) will be provided to you. You
should not disclose your PIN to anyone who you do not want to be able to
access your funds and should not write your PIN on the Card.
5. Using Your Card, Authorized Transactions, Limitations on Transactions
and State Abandoned Property Law
When funds have been loaded to your Card Account, you may use your Card
to purchase or lease goods or services, or to obtain cash or to transfer funds
from your Card Account, wherever the Card is honored for such purposes, as
long as you do not exceed the value available in your Card Account. Unless
the context indicates otherwise, we use the words "transaction" and "transfer"
to refer to any of these uses of your Card. You are responsible for all
authorized transactions initiated by the use of your Card. If you permit
someone else to use your Card, we will treat this as if you have authorized
such use, and you will be responsible for any transactions made by any
person you have permitted to use your Card, unless you have notified us that
transactions by any such person are no longer authorized. If you use your
Card number without presenting your Card (such as for a mail order, Internet
or telephone purchase), the legal effect will be the same as if you used the
Card itself. For security reasons, you may only make three (3) transfers per
business day at Automated Teller Machines (ATMs) and the total number of
transfers you can make using ATMs and point-of-sale (POS) terminals is nine
(9) transfers per business day. You may not make more than $2,500 in
transfers of any type from your Card on any business day. Any transfer made
on a non-business day is considered made on the immediately preceding
business day. Your Card may be used to obtain cash from an ATM and may be
subject to fees by the ATM owner or operator. You may not use your Card for
any illegal transaction. Each time you use your Card, you authorize us to
reduce the value available in your Card Account by the amount of the
transaction plus any applicable fees. You may not exceed the value available
in your Card Account, either through an individual transaction, or through a
series of transactions. Nevertheless, if a transaction is completed that
exceeds the value available in your Card Account, you acknowledge and
agree that we may collect the amount of the negative balance, plus any
applicable fees, by setting such amounts off against funds that may at any
time be loaded onto your Card. Subject to applicable law, you also agree to pay, and agree that we may setoff against your Card Account balance, any
reasonable costs and attorneys fees that we may incur in attempting to
collect such negative balances. You may make transfers from your Card
Account to your checking or savings account at ATMs. However, you may not
make preauthorized regular payments from your Card Account. You do not
have the right to stop payment on any transaction originated by the use of
your Card or to otherwise cancel or amend any payment instruction that you
have given. If a merchant authorizes a transaction that you plan to make, and
you fail to complete that transaction as planned, the authorization may
result in a hold for that amount of funds for up to ten (10) days. Some
merchants may not accept split transactions in which part of a purchase is
made with the Card and the balance is made with another form of payment.
You acknowledge and agree that we may be required under applicable state
abandoned property law to turn over to a state government authority any
funds remaining in your Card Account after a certain period of inactivity or
dormancy, as required by such state law.
6. Loading Value Onto Your Card
Your wages, salary, reimbursements or other similar compensation will be
periodically loaded onto your Card. However, the maximum amount of
money allowed on your Card at any one time is $10,000. For more
information about how to load additional funds on your Card, telephone us
at 866-723-2273, 770-801-1514 or write us at RTP Financial Services, Customer
Service, 2849 Paces Ferry Rd., Overlook I, Ste. 130, Atlanta, GA 30339.
7. When Value Loaded Onto Your Card Is Available
As long as your Payer sends your wages, salary, reimbursements or similar
compensation to us through an ACH system, they will be available on your
payday, which will generally be the business day after the day we receive them.
Funds paid to a participating merchant will be made available immediately.
Additional funds sent to us by ACH, and funds sent to us by regular mail will all
be available on the second business day after the day we receive them.
You do not have the right to make purchases, obtain cash, or transfer funds
in amounts that exceed the value available in your Card Account. If the value
available in your Card Account is insufficient, at any time, to pay all items
(including, but not limited to, ACH, ATM, POS, bill payment, or other
transactions) presented for payment or authorization on your Card Account,
we may pay such items in any order convenient to us and we may, at our
option, approve or deny any transaction or authorization. We have the right
to deny a transaction or authorization if there is insufficient value available in
your Card Account.
By accepting, signing, using or adding value to the Card, you agree to pay
the following fees, to the extent permitted by applicable federal and state
law, and you agree that we may deduct such fees from your Card Account
balance, to the extent permitted by applicable federal and state law:
Domestic POS Transaction Fee, Card to Card Transfer Fee,
Card Account Transfer to Bank Account, Domestic ATM Transaction Fee*,
Merchant Load Fee**, International POS Transaction Fee,
Long Distance Phone Fee, International ATM Transaction Fee*,
Chargeback Processing Overdraft Transaction Fee,
Monthly Membership Fee, Transfer of Balance to Replacement Card.
* If you use an ATM not owned by us, you may be charged a fee by the ATM owner or
operator. Such fees may be charged even if you do not complete a withdrawal or
transfer (for example, if you make a balance inquiry). ** Plus, where applicable, any
separate fee assessed by the merchant prior to loading value
10. Periodic Statements
You can view your account activity on line at www.paypartners.com for a
period of at least 90 days.
11. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with
your Card, you agree to accept credits to your Card Account for such refunds.
You should get a receipt at the time you make a transaction. You agree to
retain your receipts to verify your transactions.
13. Notice of Preauthorized Transfers to Your Card Account
If you have arranged to have direct transfers of funds made to your Card
Account at least once every sixty (60) days by the same person or company
(for example, by your Payer), the person or company making the transfer will
tell you every time they send us money.
We may disclose information to third parties about your Card Account in
us your written permission, where it is necessary for completing a
15. Transactions in Foreign Currencies and Currency Conversion Fees
If you obtain cash, transfer funds or make a purchase in a currency other
than United States currency, MasterCard International Incorporated
("MasterCard") will convert the transaction into United States currency.
Currently, the currency conversion rate used by MasterCard is either a
wholesale market rate or the government-mandated rate in e_ect one day
prior to the processing date for the transaction, increased by an adjustment
factor of 1%. This 1% adjustment factor is retained by MasterCard. The
currency conversion rate used by MasterCard on the processing date may
differ from the rate in effect on the transaction date or on the date that the
transaction posts to your Card Account. In addition to the 1% adjustment
factor retained by MasterCard, we will increase the currency conversion rate
by an additional 2% and will retain this additional 2% amount.
16. Our Liability for Failure to Complete Transactions
If we do not complete a transaction involving your Card Account on time or in
the correct amount according to this Agreement, we will be liable for damages
proximately caused by our failure. However, there are some exceptions. We will
not be liable, for instance: if, through no fault of ours, you do not have enough
funds in your Card Account to make the transaction; if the ATM where you are
trying to withdraw cash does not have enough cash; if the ATM, POS terminal,
network or system involved in your transaction was not working properly and
you knew about the breakdown when you started the transaction; we are
prohibited by law or network rules from completing the transaction; if
circumstances beyond our control (e.g. natural disasters or weather conditions,
such as severe storm, earthquake, fire, flood, sabotage, war or acts of terrorism)
prevent the transaction, despite reasonable precautions that we have taken; if a
merchant refuses to accept your Card; if access to your Card Account has been
blocked after you reported your Card or PIN lost or stolen; or we have reason to
believe the requested transaction is unauthorized. In any case, we will only be
liable for actual proven damages if the failure to make the transaction on time or
in the correct amount resulted from an unintentional and bona fide error despite
our procedure to avoid such errors.
17. Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card or PIN has been lost or stolen.
Telephoning is the best way of keeping your possible losses down. You could
lose all the money in your Card Account. IF YOU BELIEVE THAT YOUR CARD
OR PIN HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANS-FERRED OR MAY
TRANSFER MONEY FROM YOUR CARD ACCOUNT WITHOUT YOUR
PERMISSION, CALL US TOLL FREE AT 866-997-3648 or 770-801-1514 IF YOU
NOTIFY US WITHIN TWO (2) BUSINESS DAYS, YOU CAN LOSE NO MORE THAN
$0 IF SOMEONE USED YOUR CARD OR PIN WITHOUT YOUR PERMISSION. IF
YOU DO NOT NOTIFY US WITHIN TWO (2) BUSINESS DAYS AFTER YOU LEARN
OF THE LOSS OR THEFT OF YOUR CARD OR PIN AND WE CAN PROVE THAT
COULD HAVE STOPPED SOMEONE FROM USING YOUR CARD OR PIN
WITHOUT YOUR PERMISSION IF YOU HAD PROMPTLY NOTIFIED US, YOU
COULD LOSE AS MUCH AS $50. Also, if your statement shows transactions
that you did not make, tell us at once. If you do not tell us within 60 days
after the statement was made available to you, you may not get back any
money you lost after the 60 days if we can prove that we could have stopped
someone from taking the money if you had told us in time. If you believe your Card or PIN has been lost or stolen or that someone has transferred or
may transfer money from your Card Account without your permission, call us
at 866-723-2273, 770-801-1514 or write us at RTP Financial Services, Customer
Service, 2849 Paces Ferry Rd., Overlook I, Ste. 130, Atlanta, GA 30339.
CARD HOLDER STATEMENT: CARD HOLDER STATEMENTS ARE AVAILABLE
ONLINE AT WWW.PAYPARTNERS.COM.
If your Card or PIN has been lost or stolen, we will close your Card Account to
keep losses down.
18. In Case of Errors or Questions About Your Transfers
Telephone us at 866-723-2273, 770-801-1514 or write us at RTP Financial Services,
Customer Service, 2849 Paces Ferry Rd., Overlook I, Ste. 130, Atlanta, GA 30339.
as soon as you can, if you think your statement or receipt is wrong or if you
need more information about a transfer listed on the statement or receipt.
We must hear from you no later than 60 days after we sent the FIRST
statement on which the problem or error appeared. Tell us your name and
Card Account number (if any). 2. Describe the error or the transfer you are
unsure about, and explain as clearly as you can why you believe it is an error
or why you need more information Tell us the dollar amount of the
suspected error. If you tell us orally, we may require that you send your
complaint or question in writing within 10 business days. We will determine
whether an error occurred within 10 business days after we hear from you
and will correct any error promptly. If we need more time, however, we may
take up to 45 days to investigate your complaint or question. If we decide to
do this, we will credit your Card Account within 10 business days for the
amount you think is in error, so that you will have the use of the money
during the time it takes us to complete our investigation. If we ask you to put
your complaint or question in writing and we do not receive it within 10
business days, we may not credit your Card Account. For errors involving
new Card Accounts, point-of-sale, or foreign-initiated transactions, we may
take up to 90 days to investigate your com-plaint or question. For new Card
Accounts, we may take up to 20 business days to credit your Card Account
for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was
no error, we will send you a written explanation. You may ask for copies of
the documents that were used in the investigation.
19. Business Days
Our business days are Monday through Friday, excluding holidays.
20. Amendment and Cancellation
We may amend this Agreement at any time and from time to time in any
respect, whether or not the amendment or the subject of the amendment
was originally contemplated or addressed by you and us or is integral to the
relationship between you and us. Without limiting the foregoing, such
amendment may change terms by the addition of new terms or by the
deletion or modification of existing terms, and may include the addition of
or an increase in Card Account fees. You will be notified of any amendment in
accordance with applicable federal and state law prior to the effective date
of the amendment. We will provide you with thirty (30) days advance notice
of a change, if any, for which such advance notice is required under the
federal Expedited Funds Availability Act or federal Truth in Savings Act.
However, if an amendment is made for security purposes, we may
implement it without prior notice to you. We may include any notice of
amendment we send you on or with your statement and/or we may include
it with any other material we send you. We may amend this Agreement even
if your Card has expired or your Card Account is deemed dormant, inactive or
abandoned. We will mail any notice we send you to the most recent address
re_ected in our records for you. We may cancel or suspend your Card
Account or this Agreement, and/or repossess the Card, at any time. If we
cancel your Card Account or this Agreement, we will notify you of such
action. You may cancel your Card Account or this Agreement by first
notifying us and by then returning your Card to us. You may notify us by
calling the Customer Service number above or by sending a letter to the
Customer Service address above. You may return your Card to us by mailing
it to the Customer Service Address above. If you notify us in writing, you may
include your Card with your letter to us. Upon cancellation by you or us, we
will send you a check in the amount of your Card Account balance, less any
applicable fees, following the expiration of any reasonable hold period we
deem necessary to ensure that further transactions are not processed
against your Card Account. It may take up to thirty (30) days for you to
receive your Card Account balance. Cancellation of this Agreement will not
a_ect any of our rights or your obligations arising under this Agreement
prior to cancellation.
21. Other Terms
You may not assign or transfer your Card or Card Account to any other
person. We may transfer our rights under this Agreement. Use of your Card is
subject to all applicable rules and customs of any clearinghouse or other
association involved in transactions. We do not waive our rights by delaying
or failing to exercise them at anytime. If any provision of this Agreement is
determined to be invalid or unenforceable, the validity or enforceability of
any other provision of this Agreement shall not be affected. This Agreement
will be governed by federal law.