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MONEY NETWORK ACCOUNT AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY.
THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY PROVISION AND AN ARBITRATION PROVISION
INCLUDING A WAIVER OF TRIAL BY JURY (the “Liability and Dispute Provisions”).
Services Provided in Relation to the Money Network Financial Aid Disbursement Program, and the Money Network Premier
Account Are As Follows:
1. Definitions
This Money Network Account Agreement, together with the Fee Schedule (the “Fee Schedule”) and Transaction Limits schedule (the
“Transaction Limits”) and all other documents we provide to you in your Welcome Packet envelope (your “Welcome Packet”)
pertaining to your account associated with the Money Network Financial Aid Disbursement Program (your “Account”), or your
Money Network Premier Account (“Premier Account”), and Money Network Checks (as defined below) outlines the terms and
conditions under which the Services are available to you. (collectively, the "Services")
As used in this Agreement, “Bank,” “we,” “our,” and “us” mean MetaBank
®
, a federally insured depository institution located in
Sioux Falls, South Dakota, its successors or assigns and service providers who manage the Services. “You” and “your” and
“Cardholder” mean the person or persons who have received the Card and are authorized to use the Card and Services as provided
for in this Agreement. “Card” means the card, issued by Bank, associated with your Account or Premier Account. “School” means
the school or its affiliates through whom you initially enrolled to receive your Account. Customer Service is the contact information
provided at the end of this Money Network Account Agreement. Your Account is what you receive as part of the Money Network
Financial Aid Disbursement Program. If you would like additional options and features, you may upgrade to the Premier Account.
Additional fees may apply as described herein. The Premier Account provides you additional features, including access to direct
deposit of payroll and other funds and loading cash at participating reload locations.
2. ACCEPTANCE OF AGREEMENT.
By accepting, retaining, activating or using the Services:
• You agree to be bound by the terms and conditions in this Agreement and all other Program documents we provide
to you, including but not limited to the Fee Schedule.
• You understand and agree that use of the Card (defined below) is optional. However, if you choose at any time,
including upon receipt, not to use the Card, you may still use the Services by using Money Network Checks after
Card activation. You will need to keep your Card number, but not necessarily the Card itself, in order to access
information about your Account or your Premier Account to perform transactions (such as using Money Network
Checks), as outlined below.
• You affirm that the personal identification information and documentation that you or your school provide to us is
true, accurate, and complete, and you authorize your School to provide us such information. You also authorize us,
directly or through third parties, to make inquiries we consider necessary to validate such information, including
checking third party databases.
• You acknowledge that this Agreement contains a provision requiring binding arbitration for the resolution of
disputes.
• You acknowledge receipt of our Privacy Policy contained in your Welcome Packet.
• You acknowledge that your School has offered you the option of Direct Deposit to an account of your choosing, or a
direct school check as alternatives to the Services, but that you have declined those options. You may change your
election at any time by following procedures established by your School.
• You understand that you have access to 100% of the funds, to the penny, in your Account or Premier Account free
of charge, including by using a Money Network Check, or through an over-the-counter withdrawal at a bank which
displays the same card logo shown on your Card (a “Bank-Branch Over-the-Counter Withdrawal”).
3. UPGRADE TO A MONEY NETWORK PREMIER ACCOUNT
Additional features, terms, and conditions apply to the Money Network Premier Account as set forth in Section 16 (for example,
additional methods to load your Premier Account are available). Monthly Account Maintenance Fees and other fees and charges set
forth in the Fee Schedule apply. Even while you are enrolled by your School, you may choose to take advantage of these additional
features by upgrading your Account to a Premier Account by calling Customer Service and requesting to upgrade, or by visiting
www.moneynetworkedu.com.
4. FEES AND LIMITATIONS.
You authorize us to deduct the fees and charges, as set forth in the Fee Schedule, directly from your Account or Premier Account as
transactions set forth on the Fee Schedule are incurred. We reserve the right to, from time to time, revise, modify or add fees to the
Fee Schedule or modify the Transaction Limits, and will notify you in advance of such changes as required by law. You acknowledge
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that by maintaining, and/or continuing to use your Account or Premier Account, you agree to any such changes to the Fee Schedule.
For reference, your Fee Schedule is included in the Welcome Packet and also can be viewed at www.moneynetworkedu.com after
you login to your account. You agree to pay any additional reasonable charges for additional Services you request which are not listed
in the Fee Schedule.
Unless you have electively upgraded your Account to a Premier Account your Account fees will apply. Upon upgrade to the Premier
Account, the Premier Account fees will apply.
ATM Fees: When you use an ATM, you may be charged a fee by the ATM operator or any network used to complete the transaction,
and you may be charged a fee for a balance inquiry or a balance decline at an ATM even if you do not complete a funds transfer.
Currency Conversion: If you obtain your funds or make a purchase in non-U.S. currency, or in a country other than the United
States, or make a purchase from a merchant using a bank that uses non-U.S. currency (“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 U.S. currency.
MasterCard® currently uses 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 currency Conversion Rate percentage amount is independent of the fees described in the next paragraph.
Foreign Transaction Fees: As a result of the Currency Conversion described above, an additional 3% Foreign Transaction
Conversion Fee will be charged as compensation for our services. This charge is independent of the currency conversion rate
established by MasterCard. If you make a purchase in a country other than the country in which your Card was issued, we will also
charge a Cross Border Transaction Fee of 0.8% as compensation for our services. The Foreign Transaction Conversion Fee, and the
Cross Border Transaction Fee will be applied to ATM, signature, and PIN transactions. If the Foreign Transaction results in a credit
due to a return, we will not refund any foreign transaction fees that may have been charged on the original purchase.
5. ABOUT YOUR CARD.
The Card is a prepaid card. The Card allows you to access funds loaded or deposited into your Account or your Premier Account by
you or on your behalf. Your Account or Premier Account is not a checking or savings account and is not connected in any way to any
other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit
card. You will not receive any interest on the funds in your Account or Premier Account. Your School has no right or interest in any
of the funds in your Account or Premier Account. The funds in your Account or Premier Account will be FDIC insured up to the
amount provided by law. In order to use your Card or Money Network Checks, you must activate your Account or Premier Account
by following the instructions shown on the sticker affixed to your Card or by contacting Customer Service as shown on the back of
your Card.
Important information for opening your Account or Premier 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 elect to
upgrade to a Premier Account, we will ask for your name, physical address, date of birth, Social Security Number, 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 identifying documents at
any time. We may limit your ability to use your Account or Premier Account or certain features until we have been able to
successfully verify your identity.
The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, and it may be
cancelled, repossessed, or revoked at any time without prior notice subject to applicable law. If your Account or Premier Account is
still active (loads, spending or money movement) within sixty (60) days of the expiration of your Card, you will automatically receive
a replacement Card. If your Account or Premier Account is not active at the time of expiration your Account or Premier Account will
remain open and the funds will be accessible by Money Network Check and subject to fees, and you may contact Customer Service to
obtain a replacement Card.
ONLY LOADS FROM YOUR SCHOOL MAY BE ADDED TO YOUR ACCOUNT UNLESS YOUR ACCOUNT IS
UPGRADED TO A PREMIER ACCOUNT PURSUANT TO SECTION 16 BELOW. SEE SECTION 16 FOR ADDITIONAL
FEATURES, TERMS, AND CONDITIONS AVAILABLE UPON UPGRADE TO A PREMIER ACCOUNT.
6. NO ADDITIONAL USERS: You may not permit another person to have access to your Card or Card number. If you do provide
access to your Card or Card number, you are liable for all transactions made with the Card or Card number by those persons. You are
responsible for all transactions and fees incurred. You are wholly responsible for the use of your Card according to the terms of this
Agreement subject to the “Your Liability for Unauthorized Transfer” in Section 24 (c) below, and other applicable law. See Section
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16 below for information on upgrading your Account to a Premier Account
7. PERSONAL IDENTIFICATION NUMBER: During activation of your Account or Premier Account as described above in
Section 5, ‘About Your Card’, you will be required to establish a Personal Identification Number (“PIN”). You may use that PIN
with your Card (i) at any point-of-sale (“POS”) device, which requires entry of a PIN where the logo of the Card Association shown
on your Card is displayed; or (ii) to obtain cash from any Automated Teller Machine (“ATM”). All ATM transactions are treated as
cash withdrawal transactions. You should not write or keep your PIN with your Card and do not share your PIN with anyone. If you
believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in
Section 26 below.
8. ACCOUNT ACCESS/USING YOUR CARD:
(a) You may access funds from your Account or Premier Account by using your Card and PIN at a participating ATM or POS
terminal; by requesting an issuer and transaction number for a Money Network Check (as further described in Section 9); by making a
Bank-Branch Over-the-Counter Withdrawal; or as otherwise permitted by this Agreement. See your Fee Schedule for the fees
applicable to such transactions.
(b) As long as you do not exceed the balance available in your Account or Premier Account, you may use your Card to: (i) withdraw
cash; (ii) purchase goods or services wherever the logo on your Card is displayed; and (iii) pay bills by phone, online, or in person.
Some of these services may not be available at all terminals or with all merchants. You may not use your Account or Premier
Account for any illegal transactions, at casinos, or for any gambling activity. We reserve the right to refuse any transaction at any
time.
(c) We may refuse any transfer request which you attempt on forms not approved by us, by any method we do not specifically permit,
which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations as
indicated in the Transaction Limits. Even if we honor a nonconforming request, we may treat continued abuse of the stated limitations
(if any) as your act of closing your Account or Premier Account. We will use the date the transaction is completed by us (as opposed
to the date you requested it) to apply to any frequency or amount limitations. The fact that we may honor withdrawal requests that
cause your Account or Premier Account to become overdrawn does not obligate us to do so later.
(d) For Payroll Loads into your Premier account, your School or employer will report its deposit of funds to your Premier Account to
the appropriate governmental agencies and you will receive the appropriate notification, for the purposes of tax reporting, from
School. We bear no responsibility whatsoever for any such reporting or tax liabilities.
9. USE OF MONEY NETWORK CHECKS.
An initial stock of Money Network Checks is provided in the Program’s Welcome Packet. In addition to using your Card, you may
choose to receive your funds, to the penny, at no charge at participating check-cashing locations, or by completing and depositing into
a bank account, each or any deposit period, a Money Network Check. You may contact Customer Service using the Interactive Voice
Response Unit (“IVRU”), an automated phone system, to authorize and complete a Money Network Check. The IVRU process
requires you to enter the number on your Card in order to access your funds with a Money Network Check. You acknowledge that if
you choose not to use the Card, you will need to keep your Card number in order to use the Money Network Checks. The amount of
the Money Network Check you authorize using the IVRU will be electronically deducted from your Account immediately. Please
note that once you complete a Money Network Check with an issuer number and a transaction number, that Money Network Check is
valid for the amount authorized and could be cashed or negotiated by anyone who has possession of the Money Network Check. You
should carefully safeguard any Money Network Check for which you have received issuer and transaction numbers. To learn how to
cancel a Money Network Check after it has been authorized and have it added back to your Account; please refer to the Money
Network Check instructions in your Welcome Packet. If an authorized Money Network Check is not cashed or deposited within 180
days after the date it is authorized, the Money Network Check will be cancelled and the funds will be added back to your Account. To
order additional Money Network Checks at no charge or for additional questions regarding Money Network Checks, please contact
Customer Service.
10. SPLIT TRANSACTIONS. You are responsible for all transactions initiated by use of your Card, except as otherwise set forth
herein. If you do not have enough funds available in your Account, you can instruct the merchant to charge a part of the purchase to
your Account or Premier Account and pay the remaining amount with cash or another card. These are called “split transactions.”
Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction
if you pay the remaining amount in cash.
11. CARD NOT PRESENT TRANSACTIONS. If you use your Account or Premier Account number without presenting your
Card (such as for a mail order, telephone, or online purchase), the legal effect will be the same as if you used the Card itself. Each time
you use your Card, you authorize us to reduce the funds available in your Account or Premier Account by the amount of the
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transaction. You are not authorized or permitted to exceed the available amount in your Account or Premier Account through an
individual transaction or a series of transactions with your Card or a Money Network Check. Nevertheless, if a transaction exceeds
the balance of the funds available in your Account or Premier Account, you shall remain fully liable to us for the amount of the
transaction. We reserve the right to bill you for any amount by which your Account or Premier Account balance is overdrawn, or to
offset any overdrawn balance with future loads to your Account. You agree to pay us promptly for the overdrawn balance. We also
reserve the right to cancel your Account or Premier Account should you create one or more overdrawn balances. You do not have
the right to stop payment on any purchase transaction originated by use of your Card, except as otherwise provided herein. 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 until the hold is released by the merchant.
12. YOUR ACCOUNT BALANCE.
(a) Your Account or Premier Account will reflect direct deposits of your FSA Credit Balance from School (“FSA Loads”) and any
permitted Retail Loads and ACH Loads made by you should you upgrade to a Premier Account (as such terms are defined in Section
16, less transactions and those fees and charges in the Fee Schedule. If you request a Money Network Check from your Account or
Premier Account and do not redeem it within 180 days, the Money Network Check will be cancelled and the funds will be added back
into your Account or Premier Account.
(b) You may access information about your Account or Premier Account on our Web Site, mobile app, or from Customer Service
without a charge. There are additional ways to access information about your Account or Premier Account, such as at an ATM. Fees
may apply, as provided in the Fee Schedule.
(c) For security reasons, we may limit the amount number, or type of transactions you can make with your Account or Premier
Account.
13. ACCOUNT INFORMATION.
You may obtain information (e.g., Account balance, transaction information, and a single 60-day transaction history) by contacting
Customer Service. You may also elect to receive such account information by visiting www.moneynetworkedu.com and registering
for email alerts or text-message alerts (carrier charges may apply). You may also access such account information via the Money
Network mobile application, available for download from the appropriate “app” store. You may also request a recurring Monthly
Paper Statement, the fee for which is shown on your Fee Schedule.
14. PREAUTHORIZED TRANSFERS.
(a) Preauthorized credits: If you have arranged to have direct deposits made to your Account or Premier Account at least
once every 395days from the same person or School, you can call our Customer Service telephone number to find out
whether or not the deposit has been made.
(b) Right to stop payment and procedure for doing so: If you have provided instruction to make regular payments out of your
Account or Premier Account and you wish to cancel these payments, you should attempt to contact the merchant or third
party to cancel the recurring payment(s). If the request is needed to stop these regular payments from your account, call us at
1-800-822-4283 or write us at Money Network Financial, LLC, 7000 Goodlett Farms Parkway, Suite 500, Cordova TN
38016 in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call,
we may also require you to put your request in writing and get it to us within 14 days after you call.
(c) Bill payment services may be available to you. Please see our web site or contact Customer Service for more
information.
(d) Notice of varying amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10
days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only
when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall
outside certain limits that you set).
(e) Liability for failure to stop payment of preauthorized transfer: If you order us to stop one of these payments 3 business
days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
15. CHANGE IN YOUR ADDRESS.
You must write or call in to Customer Service when you change your address. Be sure to provide your change of address as soon as
you can. You agree that any communication sent to you at your last address on record with us will be deemed to have been received
by you.
16. MONEY NETWORK PREMIER ACCOUNT – ADDITIONAL FEATURES, TERMS AND CONDITIONS.
(a) Automatic Upgrade to a Premier Account: In the event your school term is terminated, as evidenced by either (i) notice from
your school; or (ii) no load is made by your school to your Money Network Account for at least 13 months, we will upgrade
your Money Network Account to the Premier Account. At that time, per Section 2: Acceptance of Agreement above, we will
verify your identity using the data you or your school has provided to us.
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(b) You may elect to upgrade your Account to the Premier Account by contacting Customers Service or by visiting
www.moneynetworkedu.com at any time during time of School attendance. Like your Account, your Premier Account will be insured
by the FDIC, as permitted by law. You will not receive any interest on your Premier Account balance.
(c) Your Premier Account has additional functionality not otherwise available on your Account, including, without limitation, the
following:
(i) Loads from other sources. In some cases arrangements have been made that may allow you to load additional funds to your Premier
Account through the methods described below. To the extent these additional methods are made available to you; the terms described
herein will apply. You may be required to provide Bank or Program Manager with certain additional identifying information about
you in order to use these methods.
• Retail Loads. Available at participating retail locations as designated by us or Program Manager from time to time. See
www.moneynetworkedu.com for a list of participating locations. Some participating locations may limit the types of Retail Loads.
• ACH Loads. An ACH transfer to your Premier Account, using the Account number and ABA routing number routing number
provided on the www.moneynetworkedu.com website under Money In/Direct Deposit Slip.
See the Transaction Limits for information regarding limits on loads and other transactions. For security and regulatory reasons, we
may further limit the number, type or dollar amount of transactions you may make to your Premier Account or suspend the use of
your Premier Account and/or Card. The owner or operator of the POS terminal at the retail location where you complete a Retail
Load may charge a fee for loading value to your Premier Account (which is in addition to any applicable load fee as indicated on the
Fee Schedule), and, together with ATM owners or operators, as well as banks, check cashers and other service providers, may impose
different minimums and limits from those set forth in the Transaction Limits.
(d) Important Disclosures. In connection with such Premier Account upgrade, you may not receive a new Card. You may continue to
use the Card you received for your Account and continue to receive FSA Credit Balance Loads through your current School’s
program. However, new fees (see paragraph below) and Transaction Limits may apply. (You may also have payroll funds from your
School, or a job automatically deposited to your Premier Account. Non-payroll loads are subject to applicable ACH Load Limits).
The Card associated with a Premier Account is NOT a credit card. You will also continue to be able to use Money Network Checks to
access the full amount of your Premier Account balance. You may obtain information about your Premier Account at any time from
our IVRU or Web Site or the mobile app at no charge, as provided in Section 13 above.
(e) Fees for the Premier Account. Upon upgrade to the Premier Account as provided in this Section 16, the fees set forth in the Fee
Schedule under the heading “Money Network Premier Account Fees” apply. The Fee Schedule for the Premier Account contains the
same categories and types of fees as you were previously charged for the Account and associated products or services, except that
some fees may be higher than what you were previously paying. If you voluntarily elect to upgrade your Account to a Premier
Account, you acknowledge and agree that you are thereby requesting that your FSA Credit Balance be deposited directly to the
Premier Account.
(f) Except as otherwise provided in this Section 16 all terms and conditions in this Agreement shall continue to apply to the Premier
Account, which shall be included within the definition of Account and as part of the Services.
(g) If you have no loads on your Premier Account and an Account balance of zero for a period of at least 13 months, we may suspend
or terminate your Premier Account and this Agreement. You may call Customer Service if you wish to reactivate your Premier
Account following a suspension.
17. FUNDS AVAILABILITY
Electronic transfers to your Account, such as FSA Credit Balance Loads, and, if you have upgraded to the Premier Account, Payroll
Loads, Retail Loads and ACH Loads, will be available on the business day we receive the funds. Once the funds are available, you can
request them in cash or as otherwise provided in this Agreement. If you cancel a Money Network Check in accordance with the
Money Network Check instructions provided with your Money Network Checks, we will credit your Account within one business day
after our receipt of your Money Network Check and other required information. For determining when electronic funds transferred to
your Account or Premier Account will be available, every day is a business day, except Saturdays, Sundays, and federal and banking
holidays. If we receive required information before 6:00 p.m., Eastern Time, on a business day that we are open, we will consider that
day to be the day we received the required information. However, if we receive the required information after 6:00 p.m., Eastern
Time, or on a day we are not open, we will consider such required information to be received on the next business day we are open.
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18. WEB SITE AND ACTIVITY.
Although considerable effort is expended to make our Web Site and other operational and communications channels available around
the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be
responsible for temporary interruptions in service due to maintenance, Web Site changes, or failures, nor shall we be liable for
extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating
systems, computer viruses, forces of nature, labor disputes, acts of terrorism and acts of war. You agree to act responsibly with regard
to the Web Site and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or
entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Web
Site’s systems and integrity. We shall not bear any liability whatsoever for any damage or interruptions caused by any “computer
viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus
screening and prevention software.
19. LINKS.
Our Web Site may contain links to other web sites, provided as a convenience to you and not an endorsement by us. We are not
responsible for the content of any such web site, which you enter at your own risk.
20. ERRORS, OVERPAYMENTS; OUR RIGHT TO OFFSET.
(a) We reserve the right to deduct funds from your Account or Premier Account in order to correct a previous error or overpayment to
you, and you authorize us (i) to share information as necessary with any funding entity (including your School) in connection with
resolving any errors or overpayments related to FSA Credit Balance Loads, Retail Loads, Payroll Loads or ACH Loads and (ii) to the
extent applicable, to accept instructions from your School to add or deduct funds from your Account and, in the case of deductions, to
return those funds to your School.
(b) We have the right to offset against your Account or Premier Account balance any indebtedness owed by you to us, whether
individually or jointly owed. We may offset against your Account or Premier Account balance either before or after your death
without demand or notice to you. We will not be liable for any dishonored transaction entry that results.
21. RETURNS AND REFUNDS.
If you are entitled to a refund for any reason for goods or services obtained with your Account or Premier Account, you agree to
accept credits to your Account or Premier Account in place of cash. Credits may take up to five (5) days from the date the refund
occurs.
22. BUSINESS DAYS.
For purposes of these disclosures, our business days are Monday through Friday Holidays are not included.
23. RECEIPTS.
You should get a receipt at the time you make a transaction or obtain cash. You agree to retain your receipt to verify your transactions,
including ATM transactions.
24. UNAUTHORIZED TRANSACTIONS.
(a) Lost or Stolen Cards. If you believe your Card or PIN has been lost or stolen or if you believe a transfer has been made using the
information from your Card or PIN without your permission cal. Immediately afterwards you are to contact your school to obtain a
replacement Card
Customer Service by Telephone: 1-800-822-4283
or write to Customer Service.
Money Network Financial, LLC
7000 Goodlett Farms Parkway, Suite 500
Cordova, TN 38016
You should also contact Customer Service at the contact information listed above if you believe a transfer has been made using the
information from your Card or PIN without your permission.
(b) Your Liabilty for Unauthorized MasterCard Prepaid Card Transactions
If MASTERCARD: Under MasterCard rules, your liability for unauthorized MasterCard debit transactions on your Card account is
$0.00 if you promptly notify us and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This
reduced liability does not apply if you have reported two (2) or more incidents of unauthorized use in the immediately preceding
twelve (12) month period.
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(c) Your Liability for Unauthorized Transfers. Your Liability for Unauthorized Transfers: Tell us AT ONCE if you believe your
Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning
Customer Service toll-free is the best way of keeping your possible losses down. You could lose all the money in your Account or
Premier 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 history shows transfers that you did not make, including those made by your
Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your
account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on
which the unauthorized transfer 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 for a reasonable period.
25. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS.
If we do not complete a transaction to or from your Account on time or in the correct amount according to our Agreement with you,
we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable,
for instance:
(1) If, through no fault of ours, you do not have enough funds available in your Account or Premier 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 or PIN 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;
(9) Any other exception stated in our Agreement with you.
26. INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS.
In case of errors or unauthorized use of your PIN or questions about your Account or Premier Account, contact Customer Service as
soon as possible. We must hear from you no later than 60 days after the earlier of the date you electronically access your Account or
Premier 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 contacting us at Customer Service. You will
need to tell us the following: (1) your name, (2) your Card number, (3) why you believe there is an error, (4) the dollar amount
involved, and (5) approximately when the error took place. 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 provisionally credit your Account or Premier 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 Account or
Premier Account. For errors involving new accounts, POS, 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 Account or Premier Account for the
amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide
that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our
investigation. If you have any further questions regarding our error resolution procedures, please contact Customer Service.
27. UNCLAIMED PROPERTY.
Your Account or Premier Account is subject to unclaimed property laws where your Account or Premier Account has been registered,
or the laws of the state where we are located/incorporated, if your Account or Premier Account is not registered. Should your
Account or Premier Account have a remaining balance after a certain period of time provided by state law, in which no loads or
money movement transactions or other Account or Premier Account activity (as those types of activity are defined by law) occur, we
may be required to remit remaining funds to the appropriate state agency.
28. CONFIDENTIALITY.
We may disclose information to third parties about your Account or Premier Account or the transactions you make:
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(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Account or Premier Account for a third party, such as merchant;
(3) In order to comply with government agency or court orders, or other legal reporting requirements;
(4) If you give us your written permission; or
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed.
29. OTHER TERMS.
Your Account or Premier Account and your obligations under this Agreement may not be assigned. We may transfer our rights under
this Agreement. Use of your Account or Premier Account is subject to all applicable rules and customs of any clearinghouse or other
association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. 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. This Agreement
will be governed by the law of the State of South Dakota except to the extent governed by federal law.
30. PRIVACY.
As part of establishing your Account or Premier Account, you received in your Welcome Packet a copy of the MetaBank Privacy
Notice (our “Privacy Notice”) which generally addresses our policy for handling and disclosing information. If you have questions
regarding our Privacy Notice, please contact Customer Service at 1-800-822-4283.
31. CANCELLATION
You may terminate your use of your Account or Premier Account by removing all of your funds, but this will not affect any of our
rights or your obligations arising under this Agreement. If you are still enrolled in your School, you must first make other
arrangements to receive your FSA Credit Balance by a method offered by your School before ceasing to use your Account or Premier
Account.
32. ASSIGNMENT.
You may not assign, convey, subcontract, sell or transfer any of your rights or obligations with regard to the Services. We may assign
this Agreement and any of our rights and obligations at any time, subject to any notice required by law. Any of our obligations under
this Agreement may be performed by third parties on our behalf.
33. SEVERABILITY AND WAIVER; INTERPRETATION.
The invalidity of any provision of this Agreement shall not affect the validity of other provisions. Any waiver of any term or condition
of this Agreement shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
34. AMENDMENTS.
We may amend this Agreement by delivering notice of the amendment to you in the manner agreed to by you and us or to your last
address as shown on our records. Unless necessary to protect system security, you will be given at least 21 days’ notice prior to the
effective date of any amendment which results in an increased fee or charge, an increase in your liability, a reduction in our services
(including fewer types of electronic fund transfer services), or stricter limitations on transactions or your ability to obtain funds from
your Account or Premier Account. Through your continued use of your Account or Premier Account, you agree to any such changes
or amendments.
35. TERMINATION.
We may, at any time, for any or no reason, terminate this Agreement and/or temporarily or permanently suspend your right to use your
Account or Premier Account or otherwise participate in the Services. We may contact you to obtain information about deposits and
other transactions we deem suspicious. You agree to destroy your Card, any Money Network Checks and any other applicable
Program material if this Agreement is terminated. We will cause your Account or Premier Account balance to be sent to you by
transferring your funds to your bank account you may have designated, or you may access your funds by Money Network Check. If
you do not have a Money Network Check, you may request one from Customer Service, subject to any applicable fees in the Fee
Schedule. All provisions of this Agreement which by their nature should survive termination shall survive termination of this
Agreement, including, without limitation, the Liability and Dispute Provisions.
36. 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.
37. NO WARRANTY REGARDING GOODS AND SERVICES.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account
or Premier Account or Card.
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38. ARBITRATION PROVISIONS AND WAIVER OF TRIAL BY JURY.
(a) YOU SHOULD READ THIS ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY
(“ARBITRATION PROVISION”) CAREFULLY. YOU AND WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE
THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM OR TO ENGAGE IN
DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE JUDICIAL ARBITRATION AND
MEDIATION SERVICE (“JAMS”) OR THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS APPLICABLE
(THE “CODE”), EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN FOR A SMALL CLAIM. FURTHER,
YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF
ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET
FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS
THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may
be arbitrated instead of litigated in court.
Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you
and us arising from or relating to your Account or Premier Account or this Agreement as well as any related or prior agreement that
you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this
Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims,
counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes,
regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and
includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i)your Account,
Premier Account, Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds in your
Account or Premier Account ; (iii) advertisements, promotions or oral or written statements related to your Account or Premier
Account , goods or services purchased using your Account or Premier Account ; (iv) the benefits and services related to your Account
or Premier Account ; and (v) your enrollment for your Account or Premier Account . We shall not elect to use arbitration under the
Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as
the Claim is individual and pending only in the court.
As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned
subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and
representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection
with your Account or Premier Account (including, but not limited to merchants who accept the Card, third parties who use or provide
services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a
co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration
Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use your Account or Premier
Account , including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional
cardholders.
Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you
or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which
the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation
Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a
selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of
our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the code of procedures,
to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300,
Los Angeles, CA 92614; website at www.jamsadr.com; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at
www.adr.org.
Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU
NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO
ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS APPLICABLE
(THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH
BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE
IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an
individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving
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Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly
situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to
make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or
consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all
parties.
Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial
district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the
filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the
arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing,
administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative
and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought
in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse
you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and
shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be
governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is
inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable
statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a
brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the
Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the
scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party,
who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of
receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall
notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable
steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by
the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization,
which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty
(30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of
appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will
then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which
will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the
appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
Continuation: This Arbitration Provision shall survive termination of your Account or Premier Account as well as
voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or
us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity,
consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior
agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
39. APPLICABLE LAW.
This Agreement is governed by the law of the State of South Dakota except to the extent governed by federal law, irrespective of the
choice-of-law provisions of any state. Nevertheless, if we are served garnishments, summons, subpoenas, orders or legal processes of
any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to
jurisdiction. Use of your Account or Premier Account is subject to all applicable rules of any clearing house or the Applicable Card
Association.
40. MEMBER FDIC.
Your Account is insured by the Federal Deposit Insurance Corporation (FDIC) up to the limits permitted by law.
41. CUSTOMER SERVICE.
Information about your Account or Premier Account is available by various methods (e.g., by mail, by phone, or by electronic means).
Customer Service should be contacted at the telephone numbers and mailing addresses shown at the end of this Section. Portions of
the contact information may also be found on the Fee Schedule in your Welcome Packet or on the back of your Card.
This Card is issued by MetaBank, Member FDIC.
5501 S. Broadband Lane
Sioux Falls, SD 57108
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