Legal

Commission Account Agreement

CUSTOMER SERVICE CONTACT INFORMATION:
Address:                 3550 Lenox Rd NE, Suite 3000, Atlanta, GA 30326
Website:                 https://www.propaypayments.com
Phone Number:   1-800-365-7816

a.          IMPORTANT NOTICES:
(1)   THIS CARD IS ESTABLISHED FOR BUSINESS OR COMMERCIAL PURPOSES, AND NOT INTENDED FOR ANY PERSONAL, FAMILY, OR HOUSEHOLD USE.
(2)   PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
(3)   ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE IN THE CARD ACCOUNT. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE THE ACCOUNT BALANCE. TO FIND OUT WAYS YOU CAN FIND YOUR ACCOUNT BALANCE, CONTACT CUSTOMER SERVICE.
(4)   BY USING THE CARD, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, CALL CUSTOMER SERVICE TO CLOSE THE CARD ACCOUNT.

        This Account Agreement (“Agreement”) outlines the terms and conditions under which a prepaid account (“Account”) has been established for you by Pathward®, National Association the Account provides you access to the funds provided by the Corporate Sponsor. By using this Account, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the optional ProPay Commission Prepaid Mastercard card issued to you by Pathward, National Association in order to access the Account. "You" "your" “Cardholder” or “Accountholder” means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean Pathward, National Association, a federally chartered savings bank, Member FDIC, and its divisions, successors, affiliates or assignees, and also includes, unless otherwise indicated, our Program Manager. “Program Manager” refers to ProPay, Inc. who performs certain services related to your Card on our behalf “Corporate Sponsor” means the third party ProPay affiliate that has contracted with ProPay to facilitate making payments to its independent contractors or distributors. The Account is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

Fee schedule listing all fees, amounts, and their account history descriptors
All fees	Amount	Account History Descriptor
Get Started
Account Sign-up Fee	$9.95	Amount charged for the initial sign up for a ProPay Account.
Get Cash
ATM Domestic fee	$2.50 per use	Fee to use ATM in the USA
ATM International fee	$3.50 per use	Fee to use ATM outside of the USA
ATM fee - Foreign Currency	$5.00 + 3.0% of the Foreign ATM transaction	International ATM withdrawal in Foreign Currency
Spend Money
Domestic ACH Out	Up to $2.50	Amount to transfer funds to a bank account.
Foreign -POS	Additional 2% after currency conversion. Per each international POS purchase.	Cost to use card at POS terminals outside of the USA
Account Information
ATM Inquiry fee	$1.00	Cost to check a balance at an ATM.
Other Services
Annual ProPay Account Fee	$9.95	Annual fee for account use.
Monthly Statement Fee	$2.50 per month where there is account transaction activity	Fee for the opt in monthly mailed transaction activity report.
Card Replacement Fee	$4.95	Cost to replace card if lost or stolen.
CK Return Fee	$10.00	Amount charged for a returned bank transfer.
The mentioned fee is subject to change; login or signup to see the exact amount Questions? Please Contact Customer Service at 1.866.573.0951 or www.propaypayments.com ATM Fees: When you use an ATM, a fee may be charged by the ATM operator or any network used to complete the transaction (and a fee may be charged for a balance inquiry even if you do not complete a fund transfer). International ATM Fee: If you obtain your funds in a currency or country other than the currency or country outside of the United States ("Foreign Transaction"), you will be charged a $3.50 International ATM Fee. The card association may consider ATM transactions occurring in U.S. territories to be Foreign Transactions, so transactions originating from these locations may be subject to an International ATM Fee. Currency Conversion: If you make a Foreign Transaction, the amount deducted from your funds will be converted by the network or card association that processes the transaction into an amount in the currency of your Card. Mastercard International Incorporated currently use a conversion rate that is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date. The conversion rate selected by the network is independent of the Foreign Transaction Fee that we charge as compensation for our services. You will be charged a fee for International ATM Transactions in U.S. dollars as disclosed in the fee schedule. If the Foreign Transaction results in a credit due to a return, we will not refund any fee that may have been charged on your original purchase. If you make a Foreign Transaction that is later returned we will post a credit for the full amount of the original transaction but will debit the difference between the currency conversion rate at the time of the original transaction and the currency conversion rate at the time of the return. This will show as a “Returned FX Difference”** on the Account history.

1. ABOUT THE ACCOUNT

This Account has been issued for business-related purposes such as loading funds collected from your customers, paying business-related bills, or paying yourself or your employees (if applicable). In order to make personal, family, or household purchases, you can transfer or withdraw funds from your Account to a separate personal account. In the event we believe an Account is used for consumer purposes, we may close your Account and cancel all Cards. The Account and associated Card do not constitute a checking or savings account, or credit card or gift card. We may close your Account or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. Pathward, N.A. will act as custodian of your funds upon receipt. After your Card is activated, you authorize Pathward, as custodian, to hold your funds at Pathward or to place your funds at one or more participating banks (each, a “Program Bank”) and to act on your instructions regarding funds accessible through the Card. If you do not agree to this custodial arrangement, you should promptly spend the remaining funds on your Card or contact Customer Service to cancel the Card and request your remaining balance by paper check at no charge.

2. GETTING STARTED

Important information for opening an Account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens an Account.

What this means for you: When you open an Account, we will ask for your name, street address, date of birth, corporate charter, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time. We may limit your ability to use the Account or certain account features until we have been able to successfully verify your identity.

Eligibility and Activation: To be eligible to use the Account and activate a Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you have read this Agreement and agree to be bound by and comply with its terms.

3. USING THE ACCOUNT AND CARD

You may use the Account for the following types of transactions:

(i) Automatic Recurring Payments. You may arrange for certain types of recurring payments to be made automatically by using your Card. To initiate these automatic recurring payments, you must use your 16-digit Card number and the payment must be made through a merchant that accepts Debit Mastercard or cards accessible through the PULSE network.

You CANNOT use your Account to: (i) redeem for cash; (ii) perform any illegal transactions; or (iii) use the bank routing number and account number to make a debit transaction with any item processed as a check (these debits will be declined and your payment will not be processed), (iv) make regular transactions for personal, family, or household use, or (v) make non-PIN purchases at the gas station pump, but can prepay inside at gas station. YOU ARE NOT PERMITTED TO EXCEED THE AVAILABLE AMOUNT IN YOUR ACCOUNT THROUGH AN INDIVIDUAL TRANSACTION OR A SERIES OF TRANSACTIONS. Nevertheless, if a transaction exceeds the balance of the funds available in your Account, you will remain fully liable to us for the amount of the transaction and agree to pay us promptly for the negative balance. If your Account has a negative balance, any deposits will be used to offset the negative balance. We may also use any deposit or balance on another account you have with us to offset a negative balance on this Account

b. Card Use

Each time you use the Card by presenting your Card in person, or by authorizing use of your Card by giving your Card number, you authorize us to access your Account for the amount of the transaction and applicable fees. Transaction limitations may apply as described in this Agreement. The Card cannot be redeemed for cash. We may limit the total number of transactions on your Card, and the total amount you may purchase or otherwise withdraw using your Card is up to $2,500 per calendar day. Additional limitations apply to certain types of Card transactions you can make with the Card. You may use your Card to purchase or lease goods or services wherever your Card is honored as long as you do not exceed the value available in your Account.

In addition, you may use your Card:

(i) Without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase. The legal effect will be the same as if you used the Card itself.

(ii) To obtain cash at participating ATMs and financial institutions that accept Debit Mastercard or that display the Mastercard brand mark or PULSE brand mark. The services available at ATMs may vary by ATM. For security reasons, we may limit you to a total of two (2) cash withdrawals per day and may also limit the amount of cash that can be withdrawn from the balance in your ProPay account which is accessible by your Card to a total of $1,000 per calendar day. Certain ATMs may impose separate limits on the amount of cash that can be withdrawn per transaction. Certain ATMs may also charge fees for cash withdrawals, which fees should be disclosed to you at the time of the transaction.

(iii) To make purchases at participating locations that accept Debit Mastercard or cards accessible through the PULSE network. You may select "Credit," or "Debit," when using your Card at self-service point-of-sale (POS) terminals, like the terminals commonly used at grocery and convenience stores. We reserve the right to refuse to pay, honor or settle any obligation incurred with, or through the use of, your Card that is presented to us in any manner other than through the Mastercard or PULSE networks.

Split Transactions: If you do not have enough funds available in your Account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions or will only allow you to do a split transaction if you pay the remaining amount in cash.

Card Replacement and Expiration: If you need to replace your plastic Card for any reason, please contact Customer Service. Card replacement fees may apply. Please note that your plastic card has a “Valid Thru” date on the front. You may not use the card after the “Valid Thru” date on the front of your Card. You will not be charged a fee for replacement cards that we send due to expiration of the Card.

Personal Identification Number: You will establish your Personal Identification Number (“PIN”) by telephone or on the ProPay’s website at the time you activate your Card. You will have to provide the PIN whenever you use the Card for ATM cash withdrawals or PIN based POS transactions. You should not write or keep the PIN with the Card. Never share the PIN with anyone and do not enter the PIN into any terminal that appears to be modified or suspicious. If you believe that there has been unauthorized access to the PIN, you should advise us immediately, following the procedures in the section labeled “Unauthorized Transactions.”

c. Limits

Account, withdrawal, spend, and transfer limits
Account, Withdrawal, Spend and Transfer Limits
Account Limitations	Limit
Maximum account balance at any time	$10,000.00
Withdrawal Limitations	Limit
Total number of ATM or over the counter cash withdrawals	Two (2) cash withdrawals per calendar day
Maximum amount of ATM or over the counter cash withdrawal	No more than $1,000 total per calendar day
Spend Limitations	Limit
Maximum amount in Point of Sale Transactions	No more than $5000 total per calendar day
Transfer Limitations	Limit
Intra-ProPay Transfer Limitations	No Maximum Limit; (Minimum of $1 per Transfer)

d. Authorization Holds

With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Account may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

e. Receipts

You may be able to get a receipt at the time you make any transfer from your Account. You may need a receipt in order to verify a transaction with us, ProPay, the Corporate Sponsor, or the merchant.

4. ADDITIONAL TERMS OF THE AGREEMENT

a. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Account, the return and refund will be handled by the merchant. If the merchant credits the Account, the credit will be applied may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.

b. Authorized Users

If you allow another person to use the Account or Card, you will be responsible under this Agreement for all transactions made by that person, regardless of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees or charges caused your balance to go negative.

c. Communications

You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you with any contact information you provide to us, including cellular and wireless phone numbers, landline numbers, and email addresses. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

5. UNAUTHORIZED TRANSACTIONS

If you believe your Card has been lost or stolen or an unauthorized transaction has been made on your Account without your permission, contact Customer Service IMMEDIATELY. We will ask for identifying details. We may not be able to assist you if you do not have the Account information or Card number. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. We will charge a fee as noted in the fee table above (subject to applicable law) for any lost/stolen Card, which will be deducted from the balance on the Card. A reissued Card may take up to 30 days to process.

6. NO WARRANTIES AND LIMITATION OF LIABILITY

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Card or using the Account. Further, we will not be liable:

If, through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
If a merchant refuses to accept your Card;
If an ATM where you are making a cash withdrawal does not have enough cash;
If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
If access to your Card has been blocked after you reported your Card lost or stolen;
If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
If we have reason to believe the requested transaction is unauthorized;
If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
For any other exception stated in our Agreement with you.

7. LEGAL NOTICES

a. English Language Controls

Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

b. Account Closure

You may close your Account at any time by contacting Customer Service. Your request for Account closure will not affect any of our rights or your obligations arising under this Agreement prior to the request. Should your Account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in the fee schedule. We reserve the right to close your Account for any reason, including should you complete or attempt to complete any of the prohibited actions in this Agreement.

c. Assignability

You may not assign or transfer your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Account. If we assign our rights, you will get a notification from us.

d. Legal Process

Although certain federal garnishment protections applicable to accounts receiving federal benefit payments do not apply to this business-use Account, legal process may nonetheless be directed at your Account. Regardless of where or how we are served, we will comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant we believe to be valid relating to you or your Account. You also agree that we will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law. We will enforce a right of security interest against any of your Accounts in order to reimburse us for our fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process. We may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed, even if such action results in insufficient funds to satisfy an obligation you may have incurred. We may deduct such expenses from your Account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process. When we receive an order instructing us to restrict access to funds in an Account, we may remove the funds from the account and maintain them separately.

e. Other Terms

You will be notified of any change to this Agreement in the manner required by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement will not be affected. This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law. Should your Account have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency.

8. PRIVACY

We may provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission. We may also collect: (1) Information about purchases made with the Card, such as date of purchase, amount and place of purchase; (2) Information you provide to us when you verify an Account, or for replacement Cards, or when you contact us with customer service issues, such as name, address, phone number.

We may also disclose information about your Account or the transactions you make to third parties in order to: (1) complete transactions; (2) verify the existence and condition of your Account or Card for a third party, such as merchant; (3) provide customer services; (4) process claims for lost or stolen Cards; (5) help protect against fraud and to conduct research and analysis; or (5) comply with government agency or court orders, or other legal reporting requirements.

9. JURY TRIAL WAIVER AND ARBITRATION

a. Jury Trial Waiver: To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this Agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.

b. Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card. You must send the opt-out notice in writing to Pathward, National Association, Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 (“Notice Address”). This Arbitration Clause governs any dispute arising under or related to this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the American Arbitration Association, or such other arbitration administrator as agreed to by both parties. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Account is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.

10. Electronic Funds Transfer Service

This document sets forth the terms under which you may request electronic funds transfers between your Account and accounts held at other financial institutions (the “Service”) These terms are incorporated into and considered part of your Agreement. To the extent there is any conflict between your Agreement and these terms, these terms will govern only with respect to the Service.

a) Certain Definitions.

Terms not otherwise defined here have the meaning set forth in your Agreement.

“ACH Credit” refers to a transaction which electronically transfers funds from your Account to an account at a financial institution, while an

“ACH Debit” refers to a transaction which electronically transfers funds to your Account from an account at a financial institution.

“ACH Item” refers to an ACH credit, an ACH debit, or both.

“EFT” means electronic transfer of funds, including ACH Items as well as Intra-ProPay Transfers.

“Intra-ProPay Transfer” refers to an electronic transfer of funds between your Account(s) and other accounts serviced by ProPay.

“Linked Account” means an account other than the Account under this Agreement that you use to initiate EFTs from your Account.

b) Linked Account.

By linking an external bank account with ProPay you authorize us to debit your Linked Account for any fees, payments, or penalties you owe or may owe us relating to ACH or Intra-ProPay transactions. Your Linked Account will be governed by your Linked Account agreement with the financial institution that establishes the account. You must immediately notify us of any changes to your Linked Account or if you change financial institutions. You may change the Linked Account associated with your Account profile no more than two (2) times every ninety (90) days.

c) Validation.

In order to transfer funds to your Linked Account, you must first register the Linked Account in your Account profile and complete the validation process. When registering a Linked Account in your Account profile, you will be required to enter your Linked Account bank’s name, the routing number of the bank, and your Linked Account number. Once this information is entered, you will be required to validate that the routing number and Linked Account number are correct and that you have the proper authorization to access the account.

To validate the Linked Account, you will be required to verify the amounts of two small deposits that we will make into your Linked Account. This process may take 2 to 7 business days. Once you locate the two deposit amounts, login to your Account profile and enter the two amounts as directed. Once this validation process is completed, you will be able to transfer funds between your Account and Linked Account. This validation process is intended to demonstrate that you have the proper custodianship over the Linked Account.

d) Liability and Obligations for EFTs.

When you request moving funds between your Account and Linked Account through an ACH Item or Intra-ProPay Transfer, you are requesting an EFT. By requesting an EFT, you authorize us to initiate, process, transmit, and settle the EFT in the amount that you specify. You agree that your EFT requests are accurate, timely, and have been authorized. Your authorization will remain in effect after termination of this Agreement and until ProPay has received written notice terminating this authorization and all your obligations to us have been paid in full.

1. Adherence to ACH Rules. For ACH Items, you agree to be bound by the rules of the National Automated Clearing House Association (“NACHA”) in effect as they may be amended from time to time. You also agree not to request an ACH transfer that violates the laws of the United States, which include, but are not limited to, sanctions enforced by the Office of Foreign Assets Control (“OFAC”).

2. Returns, Rejections, Cancellations, and Acceptance.

ACH Items. You may be charged a fee (see your Fee Schedule) for any ACH transactions that result in a returned ACH item, such as, but not limited to, closure of your Linked Account, or if the bank name, routing, or account number of the Linked Account is incorrect. We reserve the right to resubmit for collection any ACH item authorized by you that is returned. ProPay will notify you within 2 (two) business days of the receipt of a returned ACH item. We may reject any entry that does not comply with requirements outlined in this Agreement. We will notify you within two (2) business days from the day the rejected entry would otherwise have been transmitted. ProPay may resubmit any rejected ACH item up to two (2) times.

Intra-ProPay Transfers. You understand and agree that your request to transfer funds is final and irrevocable, that you have no right to reverse or stop such an entry once the entry is communicated to ProPay, and you hereby waive any right you may have of recourse against ProPay or to dispute or reverse a request to transfer funds. An Intra-ProPay funds transfer under this Agreement is the equivalent of sending cash to the recipient. ProPay has no obligation whatsoever to any proposed recipient of funds. In the event of any dispute between you and a funds recipient, you agree that such dispute will be settled between you and the proposed recipient, and you hereby indemnify and hold harmless ProPay against all liabilities, claims and damages incurred by and brought against ProPay by any third party arising out of this Agreement, including but not limited to reasonable attorneys’ fees and costs. We will notify you within 2 business days from the day the rejected Intra-ProPay Transfer would otherwise have been transferred. If the e-mail address used for the transfer belongs to our Account or another ProPay-serviced account, the funds will immediately transfer. If the e-mail address does not belong to a ProPay-serviced account, the transfer request may be denied.

3. Accuracy of Information. For ACH items, You acknowledge that if the Linked Account’s financial institution name or identification number are incorrect or inconsistent, we may rely on the identifying number alone, even if the number identifies a financial institution, person, or account other than the one named. For Intra-ProPay Transfers, You must identify the account into which to transfer funds by the accountholder’s e-mail address. You acknowledge that if the e-mail address is inconsistent or incorrect, payment of the entry may still be made on that basis.

4. Fees. You shall pay the fees for this Service in accordance with the Fee Schedule, which is incorporated into this Agreement by reference. Such fees will be calculated and debited from amounts in your Account or will be netted out from the incoming funds due you under this Agreement.

5. Liability. Upon written request, we will attempt to cancel an EFT before transmitting it. However, we shall have no liability if we fail to do so. We may reverse any EFT we believe, in our sole discretion, may be subject to dispute or reversal or violate this Agreement. We assume no liability for any unauthorized transfer request(s) and the attendant transfer of funds, unless and until we receive appropriate and timely notice by you of the unauthorized transfer requests. We have no obligation to initiate EFTs if we believe, in our sole discretion, that the funds are unavailable or the EFT request is invalid or subject to reversal, or if you are in default of this Agreement. You also understand that ProPay will not, and has no obligation to, confirm the validity of the recipient or the underlying transaction pursuant to which the funds are transferred. You agree that you are responsible for paying us any amount attributable to the transfer of funds pursuant to this Agreement, including but not limited to non-sufficient fund fees that overdraw your Account.

6. Transfer Amount Limitations. For a listing of current limitations associated with the electronic transfer of funds, see the Limits Section in the Agreement. We may limit the amount you are allowed to add to your Account from your Linked Account. Any increase in the limits disclosed in your Agreement are purely discretionary and subject to our approval. Call Customer Service for more information. We reserve the right at our discretion to limit the maximum amount of funds you are allowed to transfer between your Account and Linked Account, even less than the current amount identified in the Agreement. For fraud and anti-money laundering purposes, we may review EFTs from your Account before releasing the funds.

7. Type of Bank Account Required and Change Limitation. ACH Credits to a Linked Account from your Account are limited to Linked Accounts of a financial institution located in the United States of America (“US”), its territories (Puerto Rico, Guam, American Samoa, and the US Virgin Islands, collectively “US Territories”), or Canada.

8. EFT Disputes. It is very important that you contact Customer Service at once if you believe your user ID or password has been compromised, or if someone has transferred, or may transfer funds using your Account without your permission. Any recourse for unauthorized or inaccurate EFTs are subject to the terms of your Agreement.

e) Warranties.

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, WE EXPRESSLY DISCLAIM, AND YOU EXPRESSLY WAIVE, ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DESCRIPTIONS OR SPECIFICATIONS, WHETHER OR NOT INCORPORATED INTO THIS AGREEMENT, SHALL CONSTITUTE WARRANTIES OF ANY KIND.

f) Indemnification.

You shall indemnify and hold harmless Pathward, National Association and ProPay for any action we take with respect to your Account, including funds in any Account. You also indemnify and hold us harmless for acting in accordance with any instruction from you. Further, you shall indemnify and hold us harmless from any and all loss, cost, expense, claim, damage and liability (including attorneys’ fees and costs) paid or incurred by any one or more of them, arising from, caused by, or attributable to, any of the following:

1. Any and all claims or damages made by third parties arising out of this Agreement, including but not limited to all attorneys’ fees and costs paid or incurred in the enforcement of the Agreement and those resulting from any transaction processed under this Agreement, or any breach by you of this Agreement and those related to any bankruptcy proceeding;

2. Willful misconduct, fraud, intentional tort or negligence by you or that of your employees, agents or representatives;

3. Any and all claims or damages by you which are the result of theft, embezzlement, unauthorized use, transfer or withdrawal of funds with respect to your Account.

Prepaid card is issued by Pathward, National Association, Member FDIC, pursuant to license by Mastercard International Incorporated. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated.

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