Legal

Commission Account Agreement


CUSTOMER SERVICE CONTACT INFORMATION:
Address:     3400 N Ashton Blvd, Lehi, UT 84043
Website:         htttps://www.propaypayments.com
Phone Number:    1-800-365-7816

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 MetaBank®. 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 MetaBank 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 MetaBank, 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.

ProPay Commission Prepaid MasterCard
Fee Category Fee Type Account History Descriptor Amount
Get Cash ATM Fee
International ATM Fee
PPMC ATM Fee
Foreign PPMC ATM Fee
$2.50*
$3.50*
Spend Money Domestic ACH Out
International ACH Out
CKFee
Intl. CK Fee (Third party fee subject to change.)
up to $2.50
up to $10.00
Account Information ATM Inquiry Fee PPMC Balance Inquiry Fee $1.00
Other Services Initial Fee
Annual Fee
Account Continuation Fee (monthly)
Monthly Statement Fee
Card Replacement Fee
ACH Return Fee
Unclaimed Property (Escheatment)
aid from External Account; Not on Account
PP Fee
PP Expiration Fee
Monthly Statement Fee
Card Replacement Fee /Lost PPMC Fee
CK Return Fee
Proc. Fee for Unclaimed Prop
up to $39.95**
up to $39.95**
up to $10.00**
$9.99
$4.95
$10.00
up to $80.00**
*Third-party fees may apply
** The mentioned fee is subject to change; login or signup to see the exact amount



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. The funds in the account are held in a custodial account with us on your behalf and are insured by the Federal Deposit Insurance Corporation (“FDIC”), subject to applicable limitations and restrictions of such insurance.  

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
a.    Accessing Funds and Limitations
You may have arranged to have funds transferred directly to your Account from the Corporate Sponsor through Automated Clearing House (“ACH”) loads. If we have been able to verify your identity, you will be able to reload the account by ACH. See the limits table below for limitations on amount and frequency. If you arrange to have funds transferred directly to your Account from a third party through an ACH load, you must enroll with the third party by providing the bank routing number and direct deposit account number that we provide you. We will reject any loads that exceed the maximum balance allowed on your Card.  Please see the “Limits” section below for load and balance limitations. Each load may be subject to a fee pursuant to the fee table.  We will reject any loads that exceed the maximum balance allowed on the Account.  There are also maximum load restrictions we may place on the Account when aggregated with any other Accounts you have with us. You agree to present the Card and meet identification requirements to complete load transactions as may be required from time to time. We may refuse to process any transaction that may violate this Agreement. If your address is located outside of the United States, your Account will be limited in functionality, and you will not be able to reload the Account and will only be able to receive loads from your Corporate Sponsor.  

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 Limitations Limit
Maximum account balance at any time $10,000.00
Maximum amount per ACH In (U.S. Only Accounts) $250.00 per transaction; $1,000 per month  
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 $2,500 total per calendar day**
Transfer Limitations Limit
Intra-ProPay Transfer Limitations  No Maximum Limit; (Minimum of $1 per Transfer)
Maximum amount per ACH Debit (as defined in the Electronic Funds Transfer Service terms) $250.00 per transaction; $1,000 per month
* Third parties may impose additional limitations. 
**Cash Withdrawals count towards the $2,500 total per calendar day


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 to or 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:
(1)    If, through no fault of ours, you do not have enough funds available in your Account 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 Card has been blocked after you reported your Card lost or stolen;  
(6)    If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 
(7)    If 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)    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
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 agree that we will honor legal process that is served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Account records are maintained. You agree that we will have no liability to you for honoring any such legal process.  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 MetaBank, 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.


Prepaid card is issued by MetaBank, Member FDIC, pursuant to license by Mastercard International Incorporated.
Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated

© 2015 - 2019 MetaBank 

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.