FLEXIA PREPAID MASTERCARD CARD PROGRAM

CARDHOLDER AGREEMENT (TERMS AND CONDITIONS)

PLEASE READ CAREFULLY

The Flexia Program uses a unique Flexia® Card that contains (i) the Flexia Mastercard Prepaid Debit Account (your “Account”) that is used to make purchases in the Mastercard® network and to withdraw funds at ATMs, and (ii) one or more associated closed-loop accounts, such as gaming accounts managed by land-based or online gaming operators (“Distribution Partners”) and can only be used at the Distribution Partner’s facility where the Card was obtained and/or other closed loop use cases managed by that Distribution Partner (“Closed-Loop Accounts”). These terms and conditions govern only the Flexia Mastercard Prepaid Debit Account which can be used wherever the Mastercard logo is displayed.  The terms and conditions of the Closed Loop Accounts are available from the Distribution Partner that distributed this card to you and the closed loop accounts are governed separately.  Flexia and MVB Bank, Inc. are not participants in the closed loop portion of this card.  These terms and conditions only apply to the activity performed with the products and services on this Flexia Mastercard Prepaid Debit Card (the “Card”).

By activating the Card, or by retaining, using, or authorizing the use of the Card, you represent and warrant to us that you have read and understand all the terms and conditions of this cardholder agreement (this “Agreement”), including the long form fee disclosure, any agreements and policies incorporated by reference, and you agree to be bound by them.  The effective date of this Agreement is the date you first receive, use or authorize the use of, register, or activate the Card.  If you do not agree to the terms of this Agreement, you may not use the Card.

Please read this Agreement carefully and keep it for your records. Any attachments, including our Privacy Policy and any amendments, are also part of this Agreement.  The Card is issued by MVB Bank, Inc.  THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND FORBIDS CLASS ACTIONS ("ARBITRATION" SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. 

Fee Schedule Table:  List of all fees for the Flexia Mastercard Prepaid Debit Card

All Fees[1]                     Amount              Details

Card Purchase                      $0.00               There is no fee for the issuance of this card

 

Monthly Fee                         $0.00                There is no monthly fee charged for this card

Card Reload Fee                  $0.00                 Fee applied to transfer funds from your existing bank account to your card.  Your                                                                           financial institution or other third-parties may assess an additional fee for their service.

Direct Deposit                      $0.00                 Fee to reload via Direct Deposit from an employer or other payer

 

 

Card Load Fee utilizing

AFT/OCT Transaction[2]       2.75%                 Fee to reload the card using third-party Visa/Mastercard card, including bank Debit                                                                      cards, and initiated through the Flexia App. The 2.75% is calculated on the amount                                                                      transferred.

Domestic ATM Withdrawal    $1.50                  Fee applied for a cash withdrawal at an ATM. You may also be assessed a fee by                                                                        the ATM operator, even if you do not complete a transaction.

International ATM

Withdrawal                         $2.00                   Fee applied for withdrawal done internationally.  You may also be assessed a fee                                                                        by the ATM operator, even if you do not complete a transaction.

Domestic or International

ATM Balance Inquiry.            $1.00                   Fee applied for balance inquiry.  You may also be assessed a fee by the ATM                                                                             operator, even if you do not complete a transaction.

Domestic or International

or ATM Decline                    $1.00                  Fee applied for an ATM decline.  You may also be assessed a fee by the ATM                                                                            operator, even if you do not complete a transaction.

Over the Counter

Cash Disbursement                 2.75%                Fee applied for a cash disbursement done at a bank.

Foreign Currency transaction.   3.00%                Fee applied for currency conversion.  You may also be assessed a fee by any                                                                               retailers or financial institutions involved in your transaction.

Card Replacement at

partner location                     $5.00                Fee applied per replacement card ordered at partner location

Card Replacement

Standard Delivery                  $5.00                Fee applied per replacement card ordered with standard delivery

Card Replacement

Expedited Delivery               $25.00                Fee applied per replacement card ordered with expedited delivery

Inactivity Fee                        $3.00                Charged monthly after 4 months of no activity 

Balance Refund Check         $15.00                Fee applied per paper check requested

 

[1] No fee will bring the account to a negative status

[2] The Original Credit Transaction (OCT) is a Transaction that can be used to send or “push” funds to an eligible card-based account, resulting in a credit of funds to the cardholder’s account.  The Account Funding Transaction (AFT) is a Transaction that can used to “pull” funds from a card-based account in order to fund a “push” (OCT) to a different account, which can be either the cardholder’s or another person’s account. Use of this capability enables use cases such as person-to-person (“P2P”) payments, funds disbursements, bill pay, or cross border remittances directly to an eligible debit or prepaid card).

 

As used herein, the terms “we,” “us,” and “our” mean MVB Bank, Inc. (the “Bank”) and/or its successors, affiliates, and assignees, and where applicable, the Flexia Program Manager, Flexia Payments LLC (“Flexia”) and successors, affiliates, and/or assignees. “You” and “your” mean the person who is a U.S. resident and to whom the Card has been issued. “Account” means the prepaid debit account associated with your Card where the funds are held, and by which we account for the loads, transactions, fees and other claims associated with your Card. 

You acknowledge and agree that the value available in your Account is limited to the funds that you have loaded in your Account or that have been loaded to your Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card and can only be used to access value that you have previously loaded into the Account. The Card is not a credit card, and your use of the Card will not enhance your credit rating. You will not receive any interest on your funds in the Account. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable, is not for resale, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may cancel your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms and conditions of this Agreement or that may be fraudulent or illegal. 

General Agreement. This Agreement represents an agreement between you and the Bank, member of the Federal Deposit Insurance Corporation (“FDIC”), and contains the terms and conditions governing the Account created as part of the Flexia Program (“Program”), including the Card. By using the Account or Card or by otherwise participating in the Program in any manner, you agree to the terms of this Agreement and agree that you will comply with all applicable laws. If you do not agree to be bound by this Agreement, do not activate or use the Card or Account. Please contact Customer Service at 855-210-4310 to cancel your Card. Flexia is a third-party beneficiary of this Agreement.

The Flexia Program Description. Your Account allows you to deposit funds to or from the Account; make purchases for goods and services everywhere Mastercard® is accepted; perform ATM withdrawals at ATM devices that accept the card networks brands for the Account; and to transfer funds to and from associated closed loop accounts managed by Distribution Partners using the Flexia Program mobile application or other interfaces provided by the Distribution Partner serviced by Flexia. The ability to move your funds to a separate Flexia Program closed loop account to use your funds in a Distribution Partner closed loop environment is a unique feature of the Flexia Program and, as such, is usable only in certain designated locations or websites/mobile applications operated by Distribution Partners that participate in the Program. Those locations utilize a proprietary closed loop network not related to or managed by the Bank, and which is not accessible to all persons. You can manage your Account through the Flexia mobile application (there is no charge from Flexia for use of the Mobile Application, but mobile charges from your carrier may apply). An Interactive Voice Response (IVR) system allows you to perform many important functions at no additional charge, and, during available hours, you may elect to speak to a live agent.We reserve the right to record and monitor all live calls for security and training purposes. We reserve the right to modify or cancel the Flexia Program at any time with notice to you. If we suspect your Account is being used in a fraudulent manner we may suspend, block or close your Account or reduce access to your Account. 

 

The Card is available to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number, and you must register for an Account through a valid Flexia Program distributor. This is a fully electronic based account and thus it is only available to those who accept MVB’s Electronic Signature Authorization, Acknowledgement and Consent.

FDIC Insurance. Your Flexia Prepaid Mastercard Prepaid Card Account funds are insured up to $250,000 by the FDIC in the event MVB Bank, Inc fails, and if specific deposit insurance requirements are met, and your Card is registered. See https://www.fdic.gov/deposit/deposits/prepaid.html for details.

Important Information About Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions 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, address, date of birth, and other information that will allow us to identify you. We may also ask your to provide your driver's license or other identifying documents. 

Personal Identification Number: You will not receive a Personal Identification Number (“PIN”) when the Card is issued to you. You will be required to select your own PIN for your Card Account in the Flexia mobile application. Your PIN is a security feature that will be needed for certain transactions including cash withdrawals and certain purchase transactions. Your PIN identifies you as the proper user of the Card and authorizes transactions that you make with the Card. You should not write or keep your PIN with your Card. Never share your PIN with anyone. Protect your PIN at all times. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately by contacting us at the number on the back of your Card and by following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers.”

 

Loading your Card Account:  You may add funds to your Card Account associated with your Card ("value reloading"), at any time, subject to the Card Limitation Tables below. The initial value load, as well as each value reload, is referred to in this Agreement as a "load". The initial value load must be at least $0.01 and each value reload must be at least $0.01. You may load your Account by arranging for the transfer of funds from your closed loop card via the Flexia mobileapplication, through a Direct Deposit or via an ACT/OCT transaction as defined above.  At our discretion, we may allow higher limits than disclosed in the Card Limitations Tables, including the maximum value limit, to post to the Account. Personal checks, cashier's checks, and money orders sent to the Bank or Flexia are not an acceptable form of loading. You cannot load funds to your Account at ATMs. All loads must be in U.S. dollars. All loads are subject to anti-fraud verification procedures, and we reserve the right to reject any load attempts or delay access to the loaded funds until such verification procedures are completed. It may take until the next business day for your load to become available. 

Using Your Card: You agree to pay the fees disclosed in this Agreement.  All fees assessed by the Flexia Prepaid Mastercard Prepaid Program are deducted from your available funds automatically when the action is performed.  If you do not have sufficient available balance to cover a fee, the transaction will be declined.

Subject to the terms and conditions of this Agreement, your Card may be used wherever Mastercard Debit Cards are accepted. Subject to the fees and limitations found on the Fee Schedule Table above and Card Limitations Table below, you may use your Card to purchase or lease goods or services everywhere Mastercard Debit cards are accepted as long as you do not exceed the available balance on your Card. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

 

With certain types of purchases (such as restaurants, hotels, car rentals, salons, automatic fuel dispensers), your Card may be preauthorized for an amount greater than the purchase amount. Any preauthorization amount will place a "hold" on your available funds until the merchant sends the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to 30 days or longer for travel and lodging transactions for the hold to be removed. During the hold period, you will not have access to the preauthorized amount. Your transaction will be declined if you do not have available funds requested in the preauthorization. If your Card is declined at an automatic fuel dispenser, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. You may not use your Card for illegal online gambling activities, or any illegal or fraudulent transaction. We may refuse to process any transaction that we believe may violate the terms of this Agreement or transactions that may be fraudulent, illegal, or that may otherwise violate applicable law, rules, or regulations.

 

When you purchase goods and services using your Card, you authorize us to reduce the value available in your balance by the amount of the transaction and any applicable fees. At the time of the transaction, you must have sufficient funds available, or we will decline the transaction. Nevertheless, in some instances, transactions may result in a negative balance associated with your Card (for example, a tip is added, if there is a delay with the merchant submitting the transaction and there are not enough funds in your prepaid funds balance at the time the transaction is processed, or if fees are assessed to the funds available on your Card and there are not enough funds to cover the added amount). If, at any time, any transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction(s) and any applicable fees. If your available balance is zero or a negative balance, we may at our sole option cancel your Card. You agree to correct any negative balances by loading your Card Account with sufficient funds within five (5) days from the date the negative balance arises. If there is a negative balance, any funds subsequently added to the Card Account will first be applied to the negative balance, if any.

 

If an Account balance remains negative for fifteen (15) days, you understand that the funds in any of your Accounts issued by the Bank can be used to cure the negative balance. This means, there is a right to set-off any liability, direct or contingent, past, present, or future that you owe against any Account. By activating the Card or by retaining, using or authorizing the use of the Card you grant a lien on and a security interest in the funds on deposit in each Card Account as security for all your liabilities and obligations, now or in the future with us. You agree the security interest granted to us is consensual and is in addition to our common law right of set off. Our right of set-off and security interest may not apply to your Card to the extent expressly prohibited by applicable law. If a negative balance is created due to an unauthorized transaction, please refer to the sections of this Agreement titled “Your Liability for Unauthorized Transactions” and “Information About Your Right to Dispute Errors.”

 

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized recurring or regular payments from your Card or Account.

 

Cash Access: Using your PIN, you may use your Card to obtain cash from any ATM or any point-of-sale device provided by a participating merchant that bearsthe Mastercard acceptance mark. All ATM transactions are treated as cash withdrawal transactions for the purposes of assessing fees and certain limitations orrestrictions, as provided in the Fee Schedule Table above and Card Limitations Table provided at the end of this Agreement. Merchants, financial institutions, and ATM operators may impose additional fees and/or withdrawal limits. You may also obtain cash using your Personalized Card from a bank teller, for an additional fee as set forth in the Fee Schedule Table above. If you use an ATM, including a balance inquiry (even if you do not complete a withdrawal), you may also be charged a fee or surcharge by the ATM operator. This ATM fee is a third-party fee and is not assessed by us. This ATM fee and other third-party fees will be deducted from your Account balance.

 

Card Limitations and Restrictions:  The Card Limitations Tables provided at the end of this Agreement sets forth certain limitations on the number or dollar amount of transactions you can make with your Card. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card. We may increase or decrease these limits from time to time in our sole discretion and, to the extent permitted by applicable law, rules, or regulations without prior notice to you. However, if limits are raised on one occasion, there is no guarantee that subsequent funding, in any form, more than the disclosed limit will be permitted in the future.

 

Transactions attempted with the Card may be denied if you (i) exceed the transaction limitations described in the Agreement, (ii) do not have adequate funds available in your available balance, (iii) do not enter the correct PIN, or (iv) we otherwise have reason to believe the transaction is fraudulent or not in compliance with the terms of this Agreement or applicable law, rules or regulations.

 

Returns and Refunds: We are not responsible for the goods or services purchased with the Card. Exchange or return of merchandise purchased in whole or in part with the Card is governed by the policies of each merchant and applicable law, rules, and regulations. We are not responsible for the return or exchange of any merchandise purchased with the Card. We are not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All disputes relating to purchases must be addressed and handled directly with the merchant from whom those goods or services wereprovided. If you are entitled to a refund for any goods or services obtained with your Card, the merchant will have the right to provide the refund to you bycrediting your Card, and you will not be entitled to receive a cash refund unless offered by the merchant in its sole discretion.

 

Card Valid Thru Date and Card Replacement:  The Card is valid and usable until the expiration date embossed on the Card.  The card will automatically be replaced upon expiration at no charge, as long as there are funds remaining on the card and there has been activity on the card in the form of a transaction in the last 60 days prior to Card Reissuance. If you need to replace your Card for any reason, please the visit the location where you obtained your Card to request a replacement Card or call customer service at 855-210-4310 to request a replacement card through either regular mail service or expedited service. You will be required to provide personal information to verify your identity, which may include your Card number, full name, transaction history, copies of accepted identification, etc. There is a fee to reissue a replacement Card in the Fee Schedule Table above. If your Card is lost or stolen or used improperly, contact us immediately at 855-210-4310 to block your card immediately and follow all instructions detailed. If you call us, you will be asked to provide us with the applicable Card number and other identifying information including your original load amount and receipt as well as transaction history. If you provide the requested identifying information and our records show that you have available funds on your lost or stolen Card, we will cancel the Card and transfer such available funds to a a replacement Card and deducting the applicable fee set forth in the Fee Schedule Table above.  The replacement Card will be either reissued by the Distribution Partner where you received the original Card or at the Cardholder’s, option will be mailed to the address on file.

 

Transactions Made in Foreign Currencies:  If you withdraw your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted into an amount in the currency of your Card by Mastercard using a rate selected by Mastercard based on the date the transaction is processed, which may be different than the rate on the date you made the transaction. You will also be assessed a foreign currency conversion fee of 3% of the transaction amount. Transactions made outside of the United States are subject to this conversion fee even if the transactions are completed in U.S. currency. The above fees are in addition to any fees or other amounts charged by the merchants, financial institutions, or ATM operators or networks, or other third parties involved in your transaction.

 

Receipts:  You are entitled to a receipt at the time you make a transaction using your Card in accordance with all Mastercard bylaws, operating regulations, and  all other rules, guidelines, policies and procedures promulgated by Mastercard (collectively the “Mastercard Rules”) and federal law. However, in accordance with the Mastercard Rules, some merchants may not be required to provide a receipt for small dollar purchases. You are responsible for retaining, verifying, and reconciling your transactions and receipts.

Card Account Balance/Periodic Statements: You are responsible for keeping track of the available balance of your Account. You can view your balance using the Flexia App. Merchants generally will not be able to determine your available balance. You may obtain information about the amount of money you have remaining in your prepaid account, along with a twelve (12) month electronic history of account transactions, which is available from us by calling 855-210-4310. You also have a right to obtain at least twenty-four (24) months of written Account transactions by writing to Cardholder Services, cardservices@flexiapayments.com. You will not automatically receive paper statements.

 

Confidentiality:  We may disclose information to third parties about your Card, Account, or the transactions you make:

 

  1. Where it is necessary for completing transactions or otherwise as necessary to fulfill our obligations under this Agreement;

  2. In order to verify the existence and condition of your Card for a third party, such as merchants;

  3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;

  4. If you consent by giving us your written permission;

  5. To our employees, auditors, or attorneys as needed;

  6. To our service providers who administer the Cards to permit them to complete such services, such as data processing, records management, collections, and other services;

  7. In order to prevent, investigate, or report possible illegal or fraudulent activity; or

  8. As otherwise permitted by applicable law, rules or regulations. 

  9. To our distribution partners for the purpose of assisting them in tailoring offers and rewards to deliver to you.

 

 

Our Liability for Failure to Complete Transactions: If we do not properly complete a transaction to or from your Card in the correct amount according to our Agreement with you, in certain circumstances we will reimburse you for losses or damages required by law. However, there are some exceptions. We will not be liable, for instance:

 

  1. If you do not have enough prepaid funds available to complete the transaction;

  2. If a merchant refuses to accept your Card;

  3. If an ATM where you are making a cash withdrawal does not have enough cash;

  4. 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;

  5. If access to your prepaid funds balance or Card Account balance has been blocked after you reported your Card lost or stolen

  6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;

  7. lf we have reason to believe the requested transaction is unauthorized;

  8. 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

  9. Any other exception stated in this Agreement, or to comply with applicable law, rules, or regulations.

 

Your Liability for Unauthorized Transactions:  Except as otherwise stated herein, you are responsible for all transactions initiated through the use of your Card, including any PIN-based transactions, any transactions initiated by presenting the Card number only and any authorized transactions initiated by someone else. Notify us AT ONCE if you believe your Account login information has been lost or stolen or if you believe that a transaction has been made without your permission. If your Card is lost or stolen, you can block it by using the Flexia mobile application, or by calling us at 855-210-431

 

If you notify us within two (2) business days after you learn of the loss or theft of your Card or Account login information, your losses will be limited to $50 or such other amount provided by law, if your Account suffers losses of at least that amount due to unauthorized usage. If you DO NOT notify l us within two (2) business days after you learn of the loss or theft of your Account, and you suffer losses due to unauthorized usage, then you may be liable up to $500, or such other amount provided by law, if such losses could have been prevented had you timely notified us. Also, if your transaction history shows transfers you did not make, notify us at once. If you do not notify us within sixty (60) days from the earlier of the date you electronically access your Account, if the unauthorized transfer could be viewed in your electronic history 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 timely notified us. If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we will extend the time periods, in our sole discretion or as required by law or rule. If your Card has been lost or stolen, once notified, we will close your Account to keep losses down and will send a replacement card. There is a fee for replacing your Card. For information about the fee, see the Fee Schedule Table above. You may have additional rights under the Mastercard Zero Liability policy described below, and in some instances such rules provide that you will not be liable for unauthorized use of your Card.

 

Mastercard Zero Liability Policy:  Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions on your Card Account is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. These provisions limiting your liability do not apply to debit transactions not processed by Mastercard.

 

Information About Your Right to Dispute Errors:  In case of errors or questions about your Card Account call us at 855-210-4310 or write us at cardservices@flexiapayments.com 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 sixty (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 will need to tell us:

 

  1. Your name and Account number;

  2. Why you believe there is an error, and the dollar amount involved; and

  3. Approximately when the error took place.

 

If you provide this information orally, we may require that you send us your complaint or question in writing within ten (10) business days.

 

We will determine whether an error occurred within ten (10) business days of hearing from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this we will provisionally credit your Card Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and you do not provide it within ten (10) business days, we may not credit your Card.

 

For errors involving new accounts, point-of-sale (POS), or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Card accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

 

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting the phone number or address shown at the beginning of this section. If you need more information about our error-resolution procedures, call Customer Service at 855-210-4310 or write us at cardservices@flexiapayments.com.

 

Disclaimer: OTHER THAN AS EXPRESSLY SET FORTH HEREIN, BANK MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE CARD, PREPAID FUNDS BALANCE, CARD ACCOUNT BALANCE, CARD ACCOUNT, AND SERVICES PROVIDED UNDER THIS AGREEMENT, AND BANK EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AVAILABILITY, AND NON-INFRINGEMENT. THE CARD, CARD ACCOUNT, AND SERVICES ARE PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT THE CARD, CARD ACCOUNT, AND SERVICES MAY NOT BE AVAILABLE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, ERROR FREE, OR COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE PLATFORMS. NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS PROVIDED FOR LOSS OF DATA, PERFORMANCE, OR REVENUE, OR FOR FAILURE TO FUNCTION PROPERLY OR MEET YOUR NEEDS. BANK DOES NOT WARRANT OR GUARANTEE ACCESS TO CARD ACCOUNTS OR ASSOCIATED NETWORKS AND HAVE NO LIABILITY FOR ANY DOWN-TIME OF SERVERS RELATED TO PROCESSING OF TRANSACTIONS. NO WARRANTY OF ANY KIND IS PROVIDED REGARDING THE MERCHANT WITH WHOM YOU USE THE CARD, OR THE PRODUCTS AND SERVICES PURCHASED WITH THE CARD. YOU MAY NOT RELY ON ANY REPRESENTATION OR WARRANTY REGARDING BANK, SERVICERS, THE CARD, PREPAID FUNDS BALANCE, CARD ACCOUNT BALANCE, CARD ACCOUNT, OR SERVICES FROM ANY THIRD PARTY. WITHOUT LIMITING THE FORGOING AND AS PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (WHETHER OR NOT ARISING OUT OF CIRCUMSTANCES KNOWN OR FORESEEABLE TO US) SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THE CARD OR OUR SERVICES DESCRIBED IN THIS AGREEMENT.

 

Address or Name Changes: You are responsible for notifying us of changes in your mailing address, email address or telephone number within two (2) weeks of the change. Any written communications with you will be only by use of the most recent mailing address, email address and telephone number that you provided, and you agree that any notice or communication sent to the mailing address, email address or telephone number noted in the account records shall be effective unless a notice is received from you. Failure to promptly notify us of changes in your contact information may result in information being mailed or delivered to the wrong person or your transactions being declined. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mailing address furnished by you for the Card Account. You agree that you do not change your address to a non-U.S. address.

 

Authority to Contract: You represent and warrant to us that (i) you are not disqualified or otherwise prohibited by law from entering into a legally binding contract; (ii) you are at least 18 years of age or, if you reside in a state where the age of majority is over 18 years of age, you have reached the minimum age required to enter into a legally binding contract; (iii) you are a U.S. citizen or lawful  resident of the United States or its territories; (iv) you have provided us with a verifiable U.S. street address (not a P.O. Box); and (v) the personal information that you provide to us in connection your registration is true, correct and complete in all respects. If any information you provide to us changes after registration, you agree to notify us of the change promptly.

 

Unclaimed Property:  If there is no record of Card activity for an extended period of time, applicable escheat state law may require the Bank to report the balance on the Card as unclaimed property. If this occurs, we may try to locate the owner of the Card at the address shown in our records. If we are unable to locate you, we may be required to deliver any value remaining on the Card to the state as unclaimed property.

 

Items that May Affect Your Card:  If we are served with any legal process which affects the Card, we may, without liability, suspend transactions on the Card which we believe to be affected thereby until final determination of such legal proceeding or appropriate resolution of the adverse claim, even though the suspension of payment may have been due to inadvertence, error on account of similarity of names of account owners, or other mistake. Should we be served with garnishment in the name or names of any joint Card owner, you agree that our remittance of any amounts constitutes an authorized withdrawal as provided herein. We shall not be liable for any damages to you by reason thereof, provided that we acted in good faith. Attachments, garnishments, levies and the like shall be subject to fees assessed by us and our security interest and right of set-off. You acknowledge and agree that we may collect fees associated with the processing of these orders from the Card for a period of up to six (6) months. Fees may apply; see the Fee Schedule Table.

 

Other Miscellaneous Terms: This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions, including without limitation the Mastercard Rules. Not all services described in this Agreement are available to all persons or at all locations. Any offer of service in this Agreement shall be deemed void where prohibited.

 

Your Card and your obligations under this Agreement may not be assigned by you to anyone else. Any attempt to the contrary shall be null and void. This Agreement shall be binding on you, your executors, administrators, and any permitted assigns. We may transfer or assign our rights, or delegate any or all of our obligations, under this Agreement.

 

From time to time, the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your Card balance. Please notify us immediately if you have any problems using the Card. You agree and accept that we are not responsible for any interruptions of service.

 

We do not waive our rights by delaying or failing to exercise them at any time. To the extent permitted by law, you agree to be liable to us for any loss, costs, or expenses, that we may incur because of any dispute or legal proceeding involving your Account. If any provision of this Agreement shall be 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 shall not be affected. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. This Agreement will be governed by the law of the State of West Virginia except to the extent governed by federal law. Any actions or proceedings with respect to this Agreement or any services provided under this Agreement shall be brought only before a federal or state court of competent jurisdiction in West Virginia.

 

Consent to Electronic Delivery of Card Account information: By activating your Card, you are consenting to electronic delivery of account information by agreeing to delivery of E-communications in place of paper disclosures and doing so during the activation process. . You may revoke this consent at any time by sending an email to cardservices@flexiapayments.com and stating that you no longer wish to receive account information electronically. You may also send a letter revoking consent to:

 

Flexia Payments LLC

One Summerlin

1980 Festival Plaza Dr., Suite 300 

Las Vegas, NV 89135

 

Amendment and Cancellation:  We may amend or change the terms of, or add new terms to this Agreement at any time by giving you notice, except as required by applicable law, rules, or regulations. However, if the change is made for security purposes, we can implement such change without prior notice, unless and until the change is made permanent and would no longer jeopardize the security of an account or electronic fund transfer system, at which time we will provide you notice. We may cancel or suspend your Card, Account, or this Agreement at any time. You may cancel this Agreement by returning the Card to us. In addition, we may suspend, cancel, add, modify, or delete any feature offered in connection with your Card or Card Account at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law, rules, and regulations.

 

We may close or suspend your Card or temporarily or permanently or limit specific activities the Card can perform at any time upon suspecting or observing potentially fraudulent activity or activity otherwise prohibited by this agreement. In the event that the Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you. The unused balance will be returned via a check to the mailing address we have in our records, unless we have reason to believe you have engaged in fraudulent or illegal activity. For security purposes, you may be required to supply identification and address verification documentation prior to being issued a refund. In the event this Card program is cancelled, closed, or terminated, we will send you prior notice in accordance with applicable law. The notice will contain specific information and instructions, including how and when you may receive a refund of any remaining Card Account balance. The time frame for processing and delivery of any refund depends on the method you select to receive it. Refund delivery methods may include, but not be limited to, mailing a paper check to you (allow 7-10 days for processing and delivery). There is a check fee associated with receiving your balance refund (see the Fee Schedule Table for additional details). The Bank reserves the right to refuse to return any unused balance amount less than $15.00. Any termination of this Agreement will not affect any of our rights or your obligations that arose under this Agreement prior to termination.

 

Communications:  When using the Flexia mobile application, you expressly agree that you are providing your mobile phone for this purpose and if you contact us using your mobile phone you expressly agree that you are providing this phone number for us or any third party acting on our behalf to contact you at this number. You agree that we may use this phone number to contact you for any business purpose about your Card or Account and you agree to be responsible for any fees or charges you incur because of providing this information. We may offer options that allow you to receive or access text messages or other electronic communications from your mobile phone.  The Flexia mobile application is only available for use on your mobile device. By enrolling for these types of communications, you understand and agree to be responsible for any fees or charges you incur as a result of this enrollment. You agree that we may contact you from time to time regarding your Account in any manner we choose unless the law says we cannot. For example, we may contact you by mail, telephone, email, fax, recorded message, text message, by using an automated dialer device. We may contact you at home, at your place of employment, on your mobile telephone, at any time including weekends and holidays, at any frequency and leave prerecorded messages or messages with others. When we attempt to contact you, we may identify ourselves, our relationship and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Account are not unsolicited. We may monitor or record any conversation or other communication with you.

 

Telephone Monitoring/Recording:  From time-to-time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law, rules, or regulations.

 

AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER 

Arbitration. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Account; iii) your acquisition of the Card and/or Account; iv) your use of the Account or the Card; v) the amount of available funds in the Account; vi) advertisements, promotions or oral or written statements related to the Card or the Account, as well as goods or services purchased with the Account; vii) the benefits and services related to the Card and/or Account; or viii) transactions made using the Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The Bank will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence. 

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. 

All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. 

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. 

Attorneys’ Fees and Expenses. You agree to be liable to us for any loss, costs or expenses, including reasonable attorneys' fees to the extent permitted by law, that we incur as a result of any dispute involving your account, and you authorize us to deduct any such loss, costs or expense from your account without prior notice to you. This obligation includes disputes between yourself and us involving the account and situations where we become involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest in the account. It also includes situations where you, an authorized signer, another joint owner, or a third-party acts with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.

 

 

 

TRASACTION AND FUNDING LIMITS: The following load, withdrawal, and purchasing limits will apply for use of your Account: 

 

Maximum Balance:                              $50,000

 

Transaction Type                               Limit Per Day           Count Per DayLimit             Per Month

 

  Card Loading 

Direct Deposit                                    $5,000                            4                       $25,000

Retail Cash Loading Networks              $2,000                            2                         $9,000

Other Proprietary Cash Loading

(Closed to Open and

Open to Closed Loop)                        $5,000                          10                        $25,000

OCT/Moneysend Credits

(Original Credit Transaction 

to load the Card)                               $5,000                            5                        $25,000

  Transfers

Card to Bank                                    $5,000                            5                        $25,000

Bank to Card                                    $5,000                            5                        $25,000

  Getting Cash

ATM Withdrawals                             $1,000                          N/A                     $10,000

Cash Advance at a Bank Teller            $2,000                          N/A                     $10,000

   Retail Purchases

Card Present                                    $5,000                          N/A                         N/A

Online or Telephone                         $2,000                           N/A                         N/A