This CARDHOLDER AGREEMENT and these TERMS AND CONDITIONS OF USE (this “Agreement”) and the fee and limit schedule accompanying this Agreement (“Schedule of Fees and Limits”) constitute our disclosure to you and an agreement between you and us with respect to our issuance and your use of the enclosed payroll card (“Card”) and the account (“Card Account”) maintained by us that is linked to your Card. You have elected to receive a part or all of your wages on this Card. The value available in your Card Account at any one time (your “Available Balance”) is limited to the dollar amount of prepaid funds, less withdrawals and amounts deducted for purchases and fees. With the Card, you may access your Available Balance at certain automated teller machines (“ATMs”) and merchant point-of-sale (“POS”) locations.
In this Agreement, “you” or “your” means any person who has received the Card and is authorized to use it as provided for in this Agreement, and “we”, “us” or “our” means West Suburban Bank and its successors and assigns. You acknowledge and agree that you are at least 18 years of age (at least 19 years of age if you are a resident of a state in which the age of majority is 19). In connection with issuance of the Card, we will verify your identity as required by law.
You will be deemed to have accepted the Card and the terms and conditions of this Agreement if you: (a) sign the back of the Card; or (b) purchase or use the Card. If you are underage, your parent or guardian may enter into this Agreement, and you can be the Cardholder. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AND KEEP THEM FOR FUTURE REFERENCE.
This Card is our property and we may revoke the Card and close the Card Account at any time without cause or notice. You must surrender a revoked Card and you may not use an expired or revoked Card. You must notify us promptly if the Card is lost, stolen or otherwise taken from your control.
This Agreement is governed by applicable federal laws, rules and regulations. To the extent federal law is not applicable, the laws of the State of Illinois govern this Agreement. In the event of any conflict between the provisions of this Agreement and any applicable law or regulation, this Agreement will be deemed modified to the extent necessary to comply with such law or regulation. We may waive any of the provisions or conditions of this Agreement, but any such waiver will be effective only on that occasion and will not be a continuing waiver or a waiver on any other occasion. We can delay enforcement of any of our rights under this Agreement without losing them.
You consent to receive electronic copies of all disclosures, notices, terms and conditions, other documents, and all future changes to any of these materials in connection with your Card and Card Account, including periodic statements, our responses to any claimed errors on the periodic statements, and our privacy policy (“Electronic Disclosures”). You also agree that you have access to the following equipment and software to view and retain Electronic Disclosures:
You may withdraw your consent to receive Electronic Disclosures by sending a request to us at the address provided in Section 1 below. In your communication, you must state that you withdraw your consent to receive Electronic Disclosures and provide your name and Card number. If you withdraw your consent, (i) you may elect to receive paper copies of the Electronic Disclosures in the mail and pay the fee set forth on the Fee and Limit Schedule; or (ii) your Card will be suspended or cancelled by us. You may also use this address to update your electronic contact information.
You also have the right to receive a paper copy of any Electronic Disclosures by sending a request to us at the address provided in Section 1 below. Your request should specify the Electronic Disclosure that you would like us to send and provide your name, address and Card number. We may charge you the fee set forth on the Fee and Limit Schedule for each copy you request.
Tell us IMMEDIATELY if your Card has been lost or stolen. If you believe your Card has been lost or stolen or that someone has accessed or may access money from your Card without your permission, call or write us at the telephone number or address listed below. Call us toll-free 24 hours a day, 7 days a week at the number listed in the “Contact Us” link on the webpage. Write us at the address listed in the “Contact Us” link on the webpage.
Since we do not collect or maintain personal information about you in our files, you must be able to provide us with your Card number and PIN in order for us to be able to assist you.
Using your Card and PIN, you may withdraw cash from any of the more than 1,400,000 ATMs worldwide. You may also use your Card to purchase goods and services at millions of participating merchant locations worldwide. The balance available for authorizing transactions with your Card is the lesser of your Available Balance or any dollar limitation disclosed for the transaction being performed. Upon any ATM withdrawal or purchase via a POS device or other purchase transaction, the Available Balance will be reduced by the amount of such withdrawal or purchase.
PIN Selection. You may use your Card only after you activated it in the manner provided in the instructions accompanying your Card. Your Card comes with a pre-selected PIN. You will need your PIN to access your funds at ATMs or for purchases. You will need your PIN to access your funds at ATMs or for purchases. You can select a new PIN by calling us toll-free at the number listed in the "Contact Us" link on the webpage or going online at the website listed in the "Contact Us" link on the webpage and following the instructions. You will be required, for validation purposes, to provide the pre-selected PIN if you change your PIN by telephone or online. Your new PIN will become active immediately. Be sure to choose a PIN that is easy for you to remember but difficult for someone else to guess. Customer service representative-assisted Card activation and PIN selection services are available 24 hours a day, 7 days a week. A fee in the amount indicated on the Schedule of Fees and Limits will be imposed each time you use this service.
Limitations on Use. You may use your Card only in the manner and for the purposes authorized by this Agreement. You may not use your Card for any illegal purpose, and you may not resell your Card. We may restrict access to your Card if we notice suspicious activities. If access is denied, you should contact us so that we can discuss and rectify any problems. You are responsible for all authorized transactions using your Card.
You may not use your Card to make a purchase in excess of your Available Balance. If for any reason a purchase occurs that exceeds the value on the Card, you are responsible for repaying us in full, and you authorize us to check your credit history and take any necessary collection action. We may automatically deduct any amount you owe under this Agreement from a future transfer of value to the Card. If we are required to undertake legal proceedings against you because you fail to comply with the terms of this Agreement, you must pay our reasonable attorneys’ fees and other costs of the proceedings.
Authorizations and Holds. Any entity honoring your Card will be required to obtain approval or authorization for any transaction. When an authorization is issued, a thirty-day hold may be placed on the value on the Card in the amount of the authorization. A ninety-day hold may be placed on the value on the Card in the amount of the preauthorization request made by hotels and rental merchants. If the authorization request varies from the amount of the transaction the merchant subsequently submits to the system, settlement of the transaction may not remove the hold, which may remain on the Card until the hold days have expired. If your Card is subject to a hold, the value on the Card that is subject to the hold will not be available for other purposes.
Card Loading. You may load additional amounts to your Card by making a payment for credit to your Card Account at participating merchant locations. Maximum load amounts for your Card are set forth on the Schedule of Fees and Limits.
Moving Funds to Other Cards. You may move funds from your Card to another stored value card by initiating a funds transfer after entering the required account information using the online form available at the website listed in the "Contact Us" link on the webpage or by calling the number listed in the "Contact Us" link on the webpage and following the instructions.
ATM Usage. Your use of the Card for withdrawals of cash from ATMs is limited by the Available Balance in your Card Account. Your aggregate daily ATM withdrawal limit is set forth on the Schedule of Fees and Limits. Upon any withdrawal of cash from an ATM, the balance in your Card Account will be reduced by the amount of such withdrawal.
Foreign Exchange. If you use your Card for a transaction denominated in a foreign currency, the transaction will be converted to its U.S. dollar equivalent then deducted from your Available Balance. We will convert the foreign currency transaction in accordance with procedures in effect at the time the transaction is processed at a rate determined by a recognized system. A conversion rate will be selected from the range available in wholesale currency markets for the applicable central processing date or the government-mandated rate in effect for the applicable central processing date. A surcharge of 3% will be assessed for all transactions originated in a foreign country.
POS Usage. You may use your Card to pay for purchases at retail establishments that have agreed to accept the Card and/or are equipped with a POS terminal that accepts PIN based purchases. You do not have the right to stop payment on any purchase transaction originated by use of your Card. We are not responsible for any injury to you or to anyone else caused by any goods or services purchased or leased with your Card. YOU ARE RESPONSIBLE FOR RESOLVING ALL DISPUTES CONCERNING THE QUALITY OF GOODS OR SERVICES PURCHASED FROM THE MERCHANT THAT ACCEPTED YOUR CARD.
PIN Protection. You agree to take all necessary steps to protect your PIN and to never disclose your PIN to anyone, except to individuals associated with us who assist you with your Card. For security purposes, never write your PIN on the Card and never carry a record of your PIN in your purse or wallet. If you permit someone else to handle your Card and you give that person your PIN, we will treat this as if you had authorized the person given your PIN the right to use your Card and you will be responsible for any transactions initiated by such person with your Card.
Card Account Expiration. Your Card will expire on the date indicated on its face. If there are any funds remaining on the Card after expiration, you may choose to transfer the funds to another stored value card. If you have questions regarding the funds remaining on your Card, write us at the address in Section 1. An administrative fee will be charged to close your Card.
Access to Card Account. The Card Account linked to your Card is a checkless, non-interest bearing transaction account. It may only be accessed by using your Card as described in this Agreement.
Deposits. Deposits in your Card Account must be made electronically, either by direct deposit or as provided in this Agreement.
Preauthorized Transfers. Unless it is a specific feature of your Card, you will not be able to make preauthorized regular payments from your Card Account.
No Interest. The Card Account will not earn interest.
FDIC Insurance. Depositors are insured up to $250,000 by the FDIC. For information with respect to FDIC insurance on your Card Account, click here.
Balance and Activity Information. You may obtain information about the amount of money you have remaining in your Card Account by calling the number listed in the "Contact Us" link on the webpage. You also have the right to obtain a 60-day written history of account transactions by calling the number listed in the "Contact Us" link on the webpage or writing us at the address in the “Contact Us” link on the webpage. This information is available online at the website listed in the "Contact Us" link on the webpage
You can obtain Card Account balance information at participating ATMs around the world. This information is available to you 24 hours a day, 7 days a week.
Funds Availability. Electronic deposits will be made available on the day we receive the deposit. At that time you may withdraw funds in cash or otherwise use your Card to access your account balance.
Our Right to Set-off. If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called set-off) to use the money from your account to pay the debt. We may charge against any of your accounts any debt you owe us, now or in the future, without going through any legal process or court proceedings.
Death. A customer’s death does not revoke our authority to authorize transactions until we know of the fact of death and have a reasonable opportunity to act on it. Upon your death, any available balance in your Card Account will be payable to your estate.
We may charge the following fees in the amounts indicated on the Schedule of Fees and Limits provided with your Card. The amount of any fee will be deducted from your Card Account at the time the fee becomes due or as otherwise indicated.
Card Activation/Issuance Fees. There may be a fee each time we activate or issue a card that can access your Card Account. A fee in the amount indicated on the Schedule of Fees and Limits will be imposed each time you use this service.
Monthly Maintenance Fees. After you activate your Card, there may be a monthly account maintenance fee.
PIN Selection Fees. There may be a fee each time you change or select a PIN.
ATM Transaction Fees. ATM transactions (including withdrawals and balance inquiries) may be performed using your Card subject to applicable fees, which vary based on the type of transaction.
POS Transaction Fees. POS transactions (including purchases and returns) may be performed using your Card subject to applicable fees per transaction. The amounts of such fees may vary based on the type of transaction.
Customer Service Access Fees. There may be a fee each time you access either our automated or live customer service.
Card Load Fees. There may be a fee imposed for the initial value load made to your Card Account and a fee for each subsequent load made to your Card Account. The amounts of such fees may vary based on the form of the load transaction and will be deducted from the balance in your Card Account at the time the fee becomes due.
Card-to-Card Transfer Fees. There may be a fee each time you make a card-to-card transfer from your Card Account.
Online Account Access Fees. There may be a fee each time you access your Card Account online or you request a paper statement. There will be no charge for accessing your electronic periodic statement online.
Lost or Stolen Card Fees. There may be fees charged for the replacement of any lost or stolen Card and for express delivery of a replacement Card. These fees will be deducted from the Available Balance remaining on the Card at the time a replacement Card is issued.
Administrative Fee to Close Card Account and Transfer or Pay Funds. An administrative fee may be charged to transfer funds to another card or close your Card Account and pay you amounts remaining in your Card Account.
Overdraft Fee. A fee may be imposed in the event your Available Balance is a negative amount.
Returned Item Fees. A fee may be imposed for each initiated transfer of funds to your Card that is returned to us unpaid. Any such fee will be deducted from the Available Balance, along with the amount of the transfer.
Paper Copy Fee. There may be a fee if you withdraw your consent to receive Electronic Disclosures or if you request paper copies of Electronic Disclosures.
Account-on-File Fee. After you activate your Card, there may be a monthly account-on file fee. This fee will be waived until the expiration date on your Card.
We will disclose information to third parties about your Card or the transfers you make:
PLEASE REFER TO THE PRIVACY STATEMENT FOR ADDITIONAL INFORMATION CONCERNING OUR INFORMATION COLLECTION AND SHARING PRACTICES AND POLICIES.
If we do not complete a transfer to or from your Card Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR CARD ACCOUNT, telephone us at the number listed in the "Contact Us" link on the webpage or write us at:
Bankcard Services
Prepaid Dispute Department
P.O. Box 1481
Madison, Wisconsin 53701
as soon as you can, if you think an error has occurred in your Card Account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at the address in the “Contact Us” link on the webpage or writing us at the address in the “Contact Us” link on the webpage.
You will need to tell us:
If you tell us orally, we may require that you send us 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 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 accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new 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 3 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 we used in our investigation.
If you need more information about our error-resolution procedures, call us at the number listed in the "Contact Us" link on the webpage.
Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that someone has transferred or may transfer money from your Card Account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Card Account. If you tell us within 2 business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.
Also, if your electronic Card Account history or written history that you requested from us shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the first written history on which the error appeared, 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 a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
We can change this Agreement, including all fees, at any time, and such changes will be binding on you. If required by law, we will give you written notice of the change prior to the effective date of the change. However, if the change is made for security purposes or as a result of changes in fees, changes or costs imposed by any party other than us, we can implement it without prior notice. Your use of the Card constitutes acceptance of any amendment implemented by us.
We reserve the right to terminate this Agreement or any of the services that are described herein in the event we choose to discontinue this payroll card program. If we discontinue honoring your Card, you should call us at the number listed in the "Contact Us" link on the webpage for further instructions. You may, at any time, terminate this Agreement, or any of the services to which you subscribe by giving us written notice. Termination will not affect any of our rights or your obligations arising under this Agreement prior to termination.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Agreement to Arbitrate. Either you or we may, without the other's consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called "Claims").
Claims Covered.
What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross‑claims, third‑party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non‑class, non-representative) basis, and the arbitrator may award relief only on an individual (non‑class, non‑representative) basis.
Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as a co‑applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy.
What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration.
Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the "FAA").
What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non‑class, non‑representative) Claim.
How Arbitration Works.
How does a party initiate arbitration? The party filing an arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
American Arbitration Association
225 North Michigan Avenue, Suite 2527
Chicago, IL 60601-7601
Web site: www.adr.org
JAMS
1920 Main Street, Suite 300
Irvine, CA 92614
Web site: www.jamsadr.com
At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.
What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 10 years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.
Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non‑class, non‑representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co‑applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person.
When is an arbitration award final? The arbitrator's award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.