Juice Personal Cardholder Agreement

Personal use Cardholder Agreement

This Cardholder Agreement, including the Schedule of Fees and Charges, and any Privacy Notice provided to you by us (collectively referred to as this "Agreement"), sets forth the terms of your Juice Prepaid MasterCard. Please read it carefully and retain it for your records. Your Card is issued by Sunrise Banks N.A., St. Paul, MN 55103, Member FDIC, pursuant to a license from MasterCard International Incorporated. MasterCard is a registered trademark of MasterCard International Incorporated. Use of this card constitutes acceptance of the terms and conditions stated in the Cardholder Agreement.

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 (including sub accounts).  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 to see your driver’s license or other identifying documents.

Definitions. In this Agreement, the words "you" and "your" means the Card Owner and any Authorized User of the Card.  There are two (2) Card types associated with this Program: (1) The "Instant Issue" means the limited function access device obtained at a merchant point of sale, or other location/facility; and (2) The "Verified Card" means the fully functional access device achieved by successful completion of card registration and identity verification. The card provided will still be used, but with differing functionality. A personalized card will be mailed upon successful completion of card registration and identity verification. A personalized card is a Verified Card, the difference being the card owners name is on the Card. Reference the Instant Issue Card section below for additional information. "Card Owner" means the person who qualified for and opened the Card account and owns the funds in the Card Account. "Authorized User" means any person issued a card at the request of the Card Owner and authorized by the Card Owner to use the Card. "We", "us", "our" and "The Bank" mean Sunrise Banks, the issuer of the Card. "Card" means the MasterCard plastic prepaid card that is issued to you by us. "Card Account" means the Sunrise Banks deposit account or its associated account number. "Account Number" means the 16-digit number used to identify your Card Account. "Card Number" is the 16-digit number embossed on your Card. The third party that markets and services the Card and Card Account is Praxell Inc. "Business days" are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. "PIN" means personal identification number. "Access Information" means collectively your PIN, online user name, password, challenge questions, and any other security information used to access your Card Account.

Agreement to Terms. By activating or using the enclosed Card (see "Activating Your Card" below), you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement or do not want to use the Card, please destroy the Card at once by cutting it in half and call us at 8556872114 to cancel your Card Account. When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. The terms of this Agreement are subject to amendment at any time in accordance with Amendment and Cancellation section below.

Prepaid Card. The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card Account by you or on your behalf. Your Card Account does not constitute 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 and may not provide the same rights to you as those available in credit card transactions. You will not receive any interest on the funds in your Card Account. Subject to applicable law, your Card Account will be insured by the Federal Deposit Insurance Corporation once your Card has been registered with us. Your funds will never expire, regardless of the expiration date on the front of your Card. The Card will remain the property of the Bank, must be surrendered upon demand and is nontransferable.

Activating Your Card. You cannot use the Card until it has been activated. To activate a personalized card, login to www.getjuicecard.com or call 855 687 2114 and follow the instructions provided. As part of the activation, you will be required to provide your Social Security Number and date of birth if you did not do so while ordering your card. Although no credit history is required to obtain a Card, you authorize us to obtain information about you from time to time from credit reporting agencies, your employers and other third parties for our internal processes.

Using Your Card. After you receive your Card you may use it to purchase goods and services everywhere debit MasterCard cards are accepted. If you wish to use the NYCE or PLUS networks, please enter your PIN when prompted by the merchant (please see below for more information about your PIN). If you do not have enough funds loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds. These are called "split transactions," and some merchants do not permit them. You may also use your Card to obtain cash at ATMs designated by us, at ATMs displaying the MasterCard name or logo, the Star name or logo, the Accel/Exchange name or logo, or at merchants that have agreed to provide cash back at the point-of-sale. Each time you use the Card to purchase goods or services or obtain cash, you authorize us to reduce the value available on the Card by the amount of the transaction plus applicable fees.

We will provide you our bank routing number and assign you a 16-digit Account Number. Our bank routing number and your 16-digit Account Number is available online at www.getjuicecard.com by logging in to your Card Account, and will be provided to you with your Card. The bank routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Card Account and authorized ACH debit transactions only. The 16-digit Card Number embossed on your Card should not be used for these types of transactions or they will be rejected. You are not authorized to use the bank routing number and Account Number to make a debit transaction with a paper check, check-by-phone or other item processed as a check, or if you do not have sufficient funds in your account. These debits will be declined and your payment will not be processed and fees may apply.

You agree that you will: (i) not use the Card at gambling websites or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the Card Account information or Card funds; (iv) not use the Card for business purposes; and (v) use the Card only as permitted by us. The Card may not be accepted by certain merchants whose goods or services are not legal for minors. We may refuse to process any transaction that we believe violates the terms of this Agreement.

Limitations on Card Usage. All transactions are subject to the limitations set forth in this Agreement, and no transaction may exceed the value available on your Card Account.

Purchase Limitations. You may not make purchases that in the aggregate exceed $2,500.00 per day. If a merchant attempts to process a transaction for more than the value available on your Card Account, or if the transaction will cause the daily limit of $2,500.00 to be exceeded, then the transaction will be declined. Unusual or multiple purchases may prompt a merchant inquiry or card suspension to allow us to investigate such unusual activity.

Cash Withdrawal Limitations.  You may not make cash withdrawals that in the aggregate exceed $500.00 per day; however, the $500.00 daily limit is subject to additional limitations imposed by merchants, banks and ATM operators.

Loading Your Card. Instant Issue cardholders cannot load funds onto the card after the initial load has been completed. Verified or Personalized cardholders may add funds to the Card, called "loading," at any time. The maximum load amount is $5,000.00, depending on the method of loading funds. There is no minimum load. The maximum amount of value that can reside on the Card Account at any time is $10,000.00. We reserve the right to accept or reject any request to reload value to the Card. The Card Account may only be reloaded by you. There may be a fee imposed by the originating bank or retailer for a load transaction. Loads are subject to appropriate anti-fraud verification. Certain delays may be required to assure funds are available for loads prior to crediting to your Card Account and making funds available to you.

Retail Loads.  To add money to your Card Account using card, you will need to take your cash to a store location that offers cash loads for the Juice Prepaid MasterCard product. For more information, go to www.getjuicecard.com

Loads by Direct Deposit. With a registered verified personalized card, you may arrange to have direct deposits made to your Card Account by your employer or other appropriate payor. You must enroll with such third party, using information that we will provide to you. If you arrange to have direct deposits made to your Card Account at least once every sixty (60) days from the same person or company, you can call us at 8556872114 or log in to your Card Account information at www.getjuicecard.com to find out whether or not the deposit has been made. You may cancel the direct deposit authorization at any time by sending a written notice to the transferor and providing the transferor and the Bank sufficient time to act upon the notice before the next scheduled transfer date.

No Loads by Check or Money Order. We do not accept loads by check or money order.

PIN: A PIN is a four-digit code that may be used to make purchase transactions instead of signing for your transaction. Some merchants may require you to make purchases using a PIN rather than your signature. A PIN must be set prior to making a PIN purchase or withdrawing cash at an ATM. Only one (1) PIN can be set for the Card at one time. To prevent unauthorized access to the Card balance, you agree to keep your PIN confidential. We recommend that you memorize your PIN and do not write it down. Your default PIN is the last 4 digits of your card. To set your PIN visit the website at www.getjuicecard.com or call 8556872114 .If you forget your PIN please call customer service (8556872114) and a representative will assist you with a resetting your PIN. Your PIN may also be used to (i) obtain cash or check your balance at any ATM that bears the Cirrus and Nyce brand, or (ii) obtain cash at merchants [or banks] that have agreed to provide cash back at POS terminals bearing the Cirrus and Nyce brand. The maximum amount of cash you may withdraw at an ATM on a daily basis is $500.00. Merchants, banks and ATM operators may impose additional withdrawal limits. You will be charged a fee by us for each cash withdrawal and balance inquiry made at an ATM in the amount disclosed in the section entitled "Card Fees" set forth below. In addition, when you use an ATM , you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

Merchant Authorization Holds. When you use your Card Account to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card’s funds for the amount indicated by the merchant (which may be more than the final settled transaction amount). We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an "authorization" or "hold" on your available balance for up to thirty (30) days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card Account for the correct amount of the final transaction, however, and will release the hold on any excess amount when the transaction finally settles.

Negative Balance. Because you may be assessed transaction fees even if a transaction is declined, it is possible for a rejected transaction to cause your Card Account to have a negative balance and be overdrawn. We do not extend credit, so if your Card Account becomes overdrawn, you agree to pay us the overdrawn amount immediately, without further demand. We may deduct the overdraft amount from any current or future funds on this or any other Card Account you activate or maintain. If your Card Account has a zero or negative balance, we may, at our option, cancel your Card Account without notice.

Preauthorized Payments from Your Card. With a registered verified personalized card, you may preauthorize a merchant to make recurring electronic funds transfers from your Card Account. If these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before the payment is due when it will be deducted from your Card Account value and how much it will be. If you have told us in advance to make regular, recurring payments from your Card Account, you can stop any of these payments by calling us at 8556872114, or writing to us at Juice Prepaid MasterCard PO BOX 315 New York, NY 10018 in time for us to receive your request at least three (3) business days or more before the payment is scheduled to be made. Fees may apply for a stop payment, please see the fee schedule for more information. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you order us to stop one of these payments three (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.

Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card Account will be made in the form of a credit to the Card. You are not entitled to receive a cash refund.

Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with a Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.

Reversal. Point of sale transactions cannot be reversed. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days. Receipts and Transaction History.

Receipts. You should get a receipt from the merchant, bank or ATM at the time you make a transaction or obtain cash using your Card. Please note there are some merchants that choose not to provide a receipt if the amount of the transaction is $15 or less.

Card Account Balance and Transaction History. You can obtain information about the current available balance in your Card Account by calling 8556872114 .You will not be assessed a fee to check your balance using our automated telephone system, although you may be assessed a fee if you wish to speak to a live agent (see fee table). You may also obtain your balance information, along with a 60-day history of your account transactions, at no charge by logging in to your Card Account at www.getjuicecard.com. You also have the right to obtain a 60-day written history of account transactions by calling 8556872114 or by writing us at Juice Prepaid MasterCard PO BOX 315 New York, NY 10018. You may be assessed a fee for obtaining this written history (see fee table).

Schedule of Fees and Charges. We will charge you, and you agree to pay, the fees and charges set forth in the Schedule of Fees and Charges below. You may also login at www.getjuicecard.com to view a complete list of fees. We generally deduct fees and charges from the Card Account at the time a fee or charge is incurred. You will be charged a fee for a balance inquiry at an ATM even if you don’t complete a funds transfer. The owners of ATMs or other networks may impose an additional charge to use their terminals. Such other fees and charges may be deducted from your Card Account. If you request a service that is not included in the Schedule of Fees and Charges, if there is a fee for such service it will be disclosed at that time, and you agree that any such fee may be deducted from your Card Account.

FEE SCHEDULE*

 

Fee Description

Fee Amount

Purchase (Int'l)

2%

ATM Balance Inquiry

$1.00

ATM Balance Inquiry (Int'l)

$1.00

ATM Withdrawal

$2.00

ATM Withdrawal - DECLINED

$1.00

Monthly Fee *

$5.95

Inactivity Fee**

$5.95

 

 

 

 

* Monthly Fee charged the last day of the month following card issuance and monthly thereafter.

 

** Inactivity replaces Monthly Fee after 90 days of inactivity

 

 

 

Foreign Transactions. If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your funds will be converted by the MasterCard Card Association into U.S. dollars. The MasterCard Card Association will establish a currency conversion rate for this convenience using a rate selected by the MasterCard Card Association from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate the MasterCard Card Association itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. Fees may apply for foreign transactions (see fee table).

 

 

 

Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement by sending you a notice of such changes. We will give you notice at least twenty-one (21) days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers. Advance notice may not be given, however, if we need to make the change immediately in order to maintain or restore the security of your Card or Card Account or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card Account or any related payment system, we will provide notice to you within thirty (30) days after making the change.

 

 

 

Cancellation and Suspension. We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card Account or may revoke Card Account privileges with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, contact us at 8556872114 or www.getjuicecard.com. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card Account privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card Account privileges through no fault of yours, you will be entitled to a refund of any remaining balance, as provided in this Agreement.

 

 

 

Card Expiration⁄Settlement. Subject to applicable law, you may use the Card only through its expiration date, which is stated on the front of the Card. If you attempt to use the Card or add funds to your Card Account after the expiration date, the transactions may not be processed. If there is a balance remaining in your Card Account upon expiration, a new Card may be issued to you. You must activate any newly issued Card in order to access the funds in your Card Account. If we do not choose to issue a new Card to you or if we cancel your Card Account for any reason, we will attempt to refund to you the balance remaining in your Card Account less any amounts owed to us (e.g., fees and charges). A check made payable to you will be mailed to you at the latest postal address reflected in our records. A fee may be imposed for refunding the remaining account balance by check (see the Schedule of Fees and Charges ).

 

 

 

Unclaimed Property. For Card Accounts with no activity for three (3) years or such other period as may be prescribed by applicable state law, the funds in your Card Account will be presumed to be abandoned. Card funds in Card Accounts will be remitted to the custody of the applicable state agency in accordance with state law, and we will have no further liability to you for such funds. If this occurs, we may try to locate the Card Owner at the address shown in our records, so we encourage you to keep us informed if you change your address. You may notify us of a change of address by logging in to your Card Account at www.getjuicecard.com or by calling Customer Service at 8556872114

Information Given to Third Parties. We may disclose information (including personally identifiable information) to third parties about you, the Card, your Card Account and the transactions related to the Card or Card Account: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of the Card or Card Account for a third party (e.g., a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency or court order; (iv) if you give us your written consent; (v) to service providers who administer the Card or the Card Account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on the Card; (viii) in accordance with our Privacy Policy; and (ix) as otherwise permitted by law. Please see the Bank’s Privacy Policy for further details.

We are required to periodically report certain Card information to the Visa Prepaid Clearinghouse Service (PCS) to assist in fraud prevention. Please contact PCS Customer Service for details regarding the information reported and on file with PCS.

Website Availability. Although considerable effort is expended to make the website and other means of communications and access available around the clock, we do not warrant that these forms of access will be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website 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 and armed conflicts.

We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.

Confidentiality and Security. To prevent unauthorized access to your Card and Card Account, you agree to keep your Access Information confidential. We recommend that you memorize your Access Information and do not write it down. If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use our website under your user name without your consent, or your Card has been accessed), you must notify us immediately. Under certain circumstances, we may deny your access to our website in order to maintain or restore security or performance of the website. We may do so if we reasonably believe your Access Information has been or may be obtained or is being or may be used by an unauthorized person. We may try to notify you in advance, but cannot guarantee we will do so.

How to Notify Us of Lost or Stolen Card, PIN or Unauthorized Transfers. If you believe your Card or any other Access Information has been lost or stolen, call: 8556872114 or write: Juice Prepaid MasterCard PO BOX 315 New York, NY 10018. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Card or Access Information without your permission.

Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Card or Access Information has been lost or stolen or if you believe that an electronic funds transfer has been made without your permission. Telephoning us at 8556872114 is the best way to minimize your possible losses. You could lose all the money in your Card Account. You agree that any unauthorized use does not include use by a person to whom you have given authority to use your Card Account or Access Information and that you will be liable for all such uses and funds transfers by such person(s). If you have a verified/personalized card, the following provisions of this section also apply:

If you tell us within 2 business days after you learn of the loss or theft of your Card or Access Information you can lose no more than $50 if someone used your Card or Access Information without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or Access Information and we can prove we could have stopped someone from using your Card or Access Information without your permission if you had told us within this time frame, you could lose as much as $500 if someone used your Card or Access Information without your permission.

Also, if your electronic history shows transactions that you did not make, including those made by Card, Access Information or by other means, tell us AT ONCE. If you do not tell us within 120 days after the alleged unauthorized transfer was credited or debited to your Card Account, you may not get back any money you lost after this period 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 learning of the unauthorized transaction and telling us, we will extend the time periods for a reasonable period in our sole discretion.

 

Additional Limits on Liability Under MasterCard Rules.

Under MasterCard Rules, you will not be liable for any unauthorized transactions using your Card Account for point-of-sale transactions if (i) you can demonstrate that you have exercised reasonable care in safeguarding your Card from risk of loss or theft, (ii) you have not reported to us two (2) or more incidents of unauthorized use within the prior twelve-month period, and (iii) your Card Account is otherwise in good standing. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by MasterCard. You must notify us within 2 days after the electronic statement was made available to you showing unauthorized transaction(s) in order to take advantage of any such limited liability provisions.

Our Liability for Failing to Make Transfers. If we do not complete a transaction to or from your Card Account on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

(1) if, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process);

(2) if a computer system, ATM, or POS terminal was not working properly and you knew about the problem when you started the transaction;

(3) if the ATM where you are making the transfer does not have enough cash;

(4) if a merchant refuses to honor your Card;

(5) if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;

(6) if any failure or malfunction is attributable to your equipment, to merchant or ATM equipment, or to any internet service or payment system;

(7) if you attempt to use a Card that has not been properly activated;

(8) If an employee of a load network (GreenDot) did not properly transmit information to us

(9) If your Card or Access Information has been reported as lost or stolen, if your Card Account has been suspended by us, or we have reason to believe the transaction is not authorized by you; or

(10) As otherwise provided in this Agreement.

For Instant Issue cardholders, we shall have no liability to you if we are unable to complete a transaction for reasons beyond our control. In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. You agree that your recovery for any alleged negligence or misconduct by us shall be limited to the initial value of the Card. This provision shall not be effective to the extent prohibited by law.

How to Notify Us of Lost or Stolen Card, PIN or Unauthorized Transfers. If you believe your Card or any other Access Information has been lost or stolen, call: 8556872114 or write: Juice Prepaid MasterCard PO BOX 315 New York, NY 10018. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Card or Access Information without your permission.

Information About Your Right to Dispute Errors. In case of errors or questions about your Card Account, please contact us as soon as possible at 8556872114 or write to us at Juice Prepaid MasterCard PO BOX 315 New York, NY 10018. We must allow you to report an error until 120 days after the transfer allegedly in error was credited or debited to your Card Account. You may request a written history of your transactions at any time by contacting us at the telephone number or address above. You will need to tell us: (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 Card Account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Card Account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to provisionally credit your Card 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 that we used in our investigation. If you need more information about our error-resolution procedures, call us at the telephone number shown above.

Questions. Praxell Inc. as the third party that administers the Card program, is responsible for customer service and for resolving any errors in transactions made with your Card. If you have questions regarding your Card, you may call 8556872114 or write Juice Prepaid MasterCard PO BOX 315 New York, NY 10018 or visit www.getjuicecard.com

Communications. We may contact you from time to time regarding your Card Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:

(1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit;

(2) contact you by using an automated dialing or similar device ("Autodialer");

(3) contact you at your home and at your place of employment;

(4) contact you on your mobile telephone;

(5) contact you at any time, including weekends and holidays;

(6) contact you with any frequency;

(7) leave prerecorded and other messages on your answering machine/service and with others; and

(8) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.

Our contacts with you about your Card Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages. We may do these things whether we contact you or you contact us.

If you ask us to discuss your Card Account with someone else, you must provide us with documents that we ask for and that are acceptable to us.

Change of Address: If your U.S. mail or postal address changes, you must notify us immediately. Failure to do so may result in information regarding the Card or Card Account being mailed to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mail address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Card Account may be cancelled and funds returned to you in accordance with this Agreement.

Governing Law, Court Proceedings, Damages, Arbitration: Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (1) this Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Minnesota; and (iii) you agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Agreement. If we are served garnishments, summonses, 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.

ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

Agreement to Arbitrate. You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).

What Arbitration Is. "Arbitration" is a means of having an independent third party resolve a Dispute. A "Dispute" is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to your application for a Sunrise Banks account or Card and whether or not a Sunrise Banks MasterCard prepaid card is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms "you" and "your" include any Authorized User, co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms "we," "our," and "us" mean either the Bank and include employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and agents of either or both.

How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association ("AAA") or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:

American Arbitration Association

1633 Broadway, 10th Floor

New York, NY 10019

Web site: www.adr.org

Telephone (800) 778-7879

 

JAMS, The Resolution Experts

1920 Main Street, Suite 300

Irvine, CA 92614

Web site: www.jamsadr.com

Telephone (949) 224-1810 or (800) 352-5267

In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class-wide basis.

The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.

What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys’ fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.

Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in the county where you reside.

Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.

Applicable Law and Review of Arbitrator’s Award. The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Minnesota and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of Minnesota and applicable federal law.

Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.

Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked within thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or cardholder status.

Sunrise Banks

200 University Avenue West Suite 200

Saint Paul, MN 55103

Assignability. We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you. The Card Account established under this Agreement is not assignable or transferable by you. Notwithstanding the foregoing, this Agreement shall be binding on you, your Authorized Users, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.

Miscellaneous Provisions: We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. 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.

Juice Flow Prepaid Visa® Card

Business Use Card Account Agreement

Important:  Please read this Agreement carefully and keep it for your records.

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which this Flow Prepaid Visa® Card has been issued to you. The Card is issued by Sunrise Banks N.A., Member FDIC pursuant to a license by Visa U.S.A. Inc. Company shall be responsible for notifying Cardholders of the relevant terms applicable to their Card use and for ensuring that each Cardholder complies with the terms and conditions set forth in this Agreement.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD 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 entity or person who opens an account (including sub accounts). When a Card Account is opened on behalf of Company, you will be asked to provide copies of certain information that will allow us to identify Company and Company’s principal owners and Cardholders.  Company information which may be collected includes, but is not limited to; address, corporate organizational documents and certificates, and federal employee identification number (EIN).  Personal information which may be collected from Company’s principal owners and Cardholders includes, but is not limited to; name, address, phone number, date of birth, social security number or individual tax-payer identification number (ITIN), driver’s license and/or passport.

Definitions. In this Agreement, the words “you” and “your” mean the person who received the Card and/or the person who has been authorized to use the Card.  “We”, “us”, “our” and “the Bank" mean Sunrise Banks N.A., of Saint Paul, Minnesota, the issuer of the Card, our successors, affiliates or assignees.   "Employer" means the employer from whom you received the card.  "Business days" are Monday through Friday, excluding federal holidays.  Saturday, Sunday, and federal holidays are not considered business days, even if we are open.  “Card” means the Flow Card Visa® Prepaid Card prepaid card that is issued to you by us.  “PIN” means personal identification number. Company” means the commercial business who qualified for and opened the Card Account and owns the funds in the Card Account.  Company must be a commercial business and may be an individual operating as a sole proprietorship, partnership, limited liability company, trust or other form of commercial entity authorized by applicable law.  The owners or principals of the commercial business must also personally guaranty and be personally liable for all transactions associated with the Card(s) and the Card Account.  All such guaranties are unlimited and joint and several in the case Company has multiple owners or principals.  “Primary Cardholder” means the person issued the Primary Card and authorized by Company in writing to open and close the Card Account and associated Cards, add or remove Secondary Cardholders, obtain Card Account information, load the Card Account, transfer or allocate funds to Cards and to take all other administrative actions on behalf of Company in connection with the Card Account as contemplated by this Agreement.   “Secondary Cardholder” means any person issued a Secondary Card at the request of the Primary Cardholder and authorized by Company to use the Secondary Card.  Each Secondary Cardholder will be issued his or her own Card linked to the Company’s Primary Card Account.  The Primary Cardholder can request a secondary card by visiting www.theflowcard.com and requesting one. 

Agreement to Terms.  By using the Card, you agree to the terms of this Agreement.  If you do not agree to the terms of this Agreement, do not use the Card.  You agree to sign the back of the Card immediately upon receipt.

Card and Card Account Description.  The Card Account is a prepaid card account made available to Company’s designated Cardholders for commercial business purposes.  The Card(s) allows Cardholders to access funds loaded or deposited to the Card Account by the Primary Cardholder or any Secondary Cardholder that has been authorized by Company to load funds to the Card Account.  The Card Account does not constitute a checking or savings account.  The Card is not a gift card, nor is it intended to be used for gifting purposes.  The Card is not a credit card.  Company will not receive any interest on the funds in the Card Account.  The funds in the Card Account will be FDIC-insured for the benefit of Company once we have been able to verify Company’s identity.  .  The Card will remain the property of the Bank and must be surrendered upon demand.  The Card is nontransferable and may be canceled or revoked at any time without prior notice except as required by law.

Business Use Only. This Card Account is to be used solely for business purposes of your Employer and may not be used for consumer or household purposes. By using the Card or providing the Card Number to any person, you represent and warrant that use of the Card is solely for business purposes.

Primary and Secondary Cards.  Each Card Account will consist of one Primary Card and Secondary Card(s).  The Primary Cardholder must be an owner or principal of Company and an unlimited guarantor for all activities on the Card Account (whether originating from the Primary Card or a Secondary Card). The Primary Cardholder will also be authorized to make changes to the Card Account with or without the consent of any other Cardholder.  Company is the owner of all funds in the Card Account at all times and Cardholder agrees that the Card shall only be used as authorized by Company.

Using Your Card.  You must activate the Card prior to use by calling the customer service number shown on the Card. Your Card may be used at merchants that accept Visa debit cards for purchases of goods and services (including internet, mail and phone order purchases), subject to the limitations in this Agreement.  If you make a purchase without presenting the Card (such as for internet, mail or phone order purchases), the legal effect will be the same as if you used the Card itself.  If you do not have enough funds available on the Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds.  These are called “split transactions,” and some merchants do not permit them.

You may only use the primary card account to obtain cash at an automated teller machine (“ATM”) or at merchants that have agreed to provide cash back at the point-of-sale (“POS”).  The maximum ATM amount You cannot reload the Card or transfer Card value to other payment devices.  However, your Employer may add additional funds to the Card. You agree that you will: (i) not use the Card at gambling websites or for any illegal transactions; (ii) promptly notify us of any loss or theft of the Card or unauthorized transactions; (iii) use the Card exclusively for business purposes and not for any personal purposes; and (iv) use the Card only as permitted by us and your Employer.  We may refuse to process any transaction that we believe violates the terms of this Agreement.  The Card itself may not be redeemed for cash, except where required by applicable law.

You are responsible for all transactions initiated and fees incurred by use of the Card. If you use your Card in a manner not authorized by your Employer, you will be liable to your Employer for such transactions. You may not permit another person to access or use your Card. If you permit another person to have access to the Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions incurred by those persons.  You may not request an additional Card for another person.

For security reasons, we may limit the number or amount of transactions you can make with the Card.  You do not have the right to stop payment on any purchase or payment transactions that you originate through the use of the Card.  You may not make preauthorized regular payments from the Card.

Managing Your Card Account.  Through our Website, the Primary Cardholder will have full administrative rights to the Card Account and will be able to view account transaction activity 24 hours a day, 7 days a week for all Cards associated with the Card Account.  If you would like to receive a written transaction history please call 1-855-394-9812 and make this request.  Secondary Cardholders will have reduced access to view their Secondary Card transaction activity through our Website.  It is your responsibility to keep Access Information confidential to deter other person(s) from using your Card(s) or accessing your Card Account without your permission.  Please allow at least one (1) business day after each transaction for the information to be updated online.

Limitations on Card Usage

All transactions are subject to the limitations set forth in this Agreement, and no transaction may exceed the available balance in your Card Account.

Purchase Limitations.  You may not make purchases that in the aggregate exceed the available balance in your Card Account.  If a merchant attempts to process a transaction for more than the value available in your Card Account, then the transaction will be declined.  Unusual or multiple purchases may prompt a merchant inquiry or card suspension to allow us to investigate such unusual activity.

Cash Withdrawal Limitations.  Primary account cardholders may not make cash withdrawals that in the aggregate exceed $200.00 per day; however, the $200.00 daily limit is subject to additional limitations imposed by merchants, banks and ATM operators

Use Limitations.  Your Card has been issued solely for commercial business purposes.  Your Card is not a payroll expense card.  Your Card may not be used for payroll expenses under any circumstances.  You agree that you will: (i) use the Card as a corporate card solely for commercial business purposes; (ii) not use the Card at gambling websites or to purchase illegal goods or services; (iii) promptly notify us of any loss or theft of the Card; (iv) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the Card Account information or Card funds; (v) not use the card for payroll expenses; and (vi) use the Card only as permitted by this Agreement.  The Card may not be accepted by certain merchants whose goods or services are not legal for minors.  We may refuse to process any transaction that we believe violates the terms of this Agreement.  We may suspend your Card Account to investigate any unusual activity that indicate any Cards issued to your Card Account are being used for restricted activities such as payroll expense.  Your failure to comply with the restrictions on use will cause the immediate termination of your Card Account and any Cards associated with the Card Account.

The Primary Cardholder may use the Bank’s routing number and the Account Number to make preauthorized payments from the Primary Card Account.  You are not authorized to use the Bank’s routing number and Account Number for any other purpose.  You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card or Card Account, except as otherwise permitted by this Agreement.  If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold (see “Reversal of Transactions” below),

PIN:  A PIN is a four-digit code that may be used to make purchase transactions instead of signing for your transaction.  Some merchants may require you to make purchases using a PIN rather than your signature.  A PIN was provided to you at the time you activate the Card. Only one (1) PIN will be issued for the Card.  To prevent unauthorized access to the Card balance, you agree to keep your PIN confidential.  We recommend that you memorize your PIN and do not write it down. If you forget or lose your PIN please contact your employer for instructions.

Your PIN may be used to obtain cash at an ATM or cash back at a POS terminal only on the primary card account.  

Merchant Authorization Holds.  When you use the Card to pay for goods or services, certain merchants (such as restaurants and hotels) may ask us to authorize the transaction in advance and may estimate its final value up to twenty (20%) more to cover any tip or gratuity that you may add to the purchase. If this occurs and your total bill, after adding in the additional 20% (or more), exceeds the amount available on the Card, your transactions may be declined. Accordingly, you should ensure that the Card has an available balance that is 20% (or more) greater than your total bill prior to using the Card for these types of purchases. If you use the Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $150.00 or more.  If the transaction is not approved, you will need to go inside to pay the cashier prior to pumping.  When we preauthorize a transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on the Card’s funds for the amount indicated by the merchant (which may be more than the final settled transaction amount).  We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction.  Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or “hold” on your available balance for up to thirty (30) days.  Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes.  We will only charge the Card for the correct amount of the final transaction, however, and will release the hold on any excess amount when the transaction finally settles.

Available Balance.  Each time you use the Card, you authorize us to reduce the value available on the Card by the amount of the transaction and any applicable fees, taxes or other charges assessed by the merchant.  Transactions that exceed the remaining balance on the Card are prohibited and should be declined at the point of sale.  If, notwithstanding an insufficient balance, an authorization is received by the merchant or the merchant uses other means to proceed with the transaction, then you agree to reimburse us for any amount in excess of the Card balance for such a transaction.

Negative Balance.  Because you may be assessed transaction fees even if a transaction is declined, it is possible for a rejected transaction to cause your Card Account to have a negative account balance and be overdrawn. We do not extend credit, so if your Card Account becomes overdrawn, you agree to pay us the overdrawn amount immediately without further demand.  We may deduct any negative balance amounts from any current or future funds on this or any other Card Account you maintain with us, whether a Primary Card Account or Secondary Card Account.  If your Card Account has a zero or negative balance, we may, at our option, cancel your Card Account and any Cards associated with your Card Account without notice, and/or pursue collection of any negative account balance plus all costs of collection including attorney fees.

Refunds for Purchases Made with the Card.  Any refund for goods or services purchased with the Card will be made in the form of a credit to the Card and pursuant to the refund policy of the merchants where such goods or services were purchased.  If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days.  You are not entitled to receive a cash refund.

Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with the Card.  All such disputes should be addressed to the merchants from whom the goods and services were purchased.

Reversal.  Point of sale transactions cannot be reversed. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.

Schedule of Fees and Charges.  We will charge Company, and Company agrees to pay, the fees and charges set forth in the Schedule of Fees and Charges below. You may also login via the Website to view a complete list of fees.  We generally deduct fees and charges from the Card Account at the time a fee or charge is incurred.  You may be charged a fee for a balance inquiry at an ATM even if you don’t complete a funds transfer.  The owners of ATMs or other networks may impose an additional charge to use their terminals. Such other fees and charges may be deducted from your Card Account.  If you request a service that is not included in the Schedule of Fees and Charges and there is a fee for such service, the fee will be disclosed at the time of the request, and you agree that any such fee may be deducted from your Card Account. The following fees apply to the Card, except where prohibited or modified by applicable law:

 

FEE SCHEDULE*

 

Fee Description

Fee Amount

ATM Withdrawal

$2.50

Western Union Load

$4.95

Customer Service (Per Live Agent Call)

$2.00

Inactivity Fee (After 90 Days of inactivity)

$4.95

Paper Statement

$5.00

Replace Card

$10.00

ACH Unload

$2.00

 

Receipts.  You should get a receipt from the merchant at the time you make a transaction using the Card.  Please note there are some merchants that choose not to provide a receipt if the amount of the transaction is $15 or less. You will be responsible for complying with your Employer’s policies regarding receipts and expenses.

Card Balance and Transaction History.  You are responsible for keeping track of the available balance on the Card. Merchants generally will not be able to determine your available balance. You can also obtain information about the current available balance on the Card and your recent transactions at no charge by calling 1-855-394-9812 or visiting www.theflowcard.com.  The Primary Cardholder may also obtain information on any Secondary Card Account in the same manner.  The Primary Cardholder also has the right to obtain a 60-day written history of account transactions by calling 1-855-394-9812 or by writing us at Flow Card Services PO BOX 315 New York, NY 10018.  Company may be assessed a fee for obtaining this written history (see “Schedule of Fees and Charges”).

Foreign Transactions. 

If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your funds will be converted by Visa® into U.S. dollars.  Visa® will establish a currency conversion rate for this convenience using a rate selected by Visa® from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa® itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance.  Fees may apply for foreign transactions (see Card Fees above).

Change in Terms.  We may, to the extent permitted by applicable law, amend the terms and conditions of this Agreement (or add additional terms) at any time by posting the amended terms on our website, www.theflowcard.com, and any such amendment shall be effective upon such posting to the website. However, if the change is made for security purposes, we can implement such change immediately, without prior notice to you and before such change may be posted to the website.  The most up-to-date Agreement may always be found at www.theflowcard.com.  Continued use of your Card(s) and Card Account constitutes your consent and acceptance of any revisions to the Agreement.  If you do not accept an amendment or revision made to this Agreement, your sole and exclusive remedy is for the Primary Cardholder to cancel your Card(s) and close your Card Account with us.

Suspension and Termination. We reserve the right, in our sole discretion, to limit your use of the Card.  We may refuse to issue a Card or may suspend or terminate Card privileges with or without cause or notice, other than as required by applicable law.  You may terminate this Agreement by returning the Card to us. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card.  Termination of Card privileges will not otherwise affect your rights and obligations arising under this Agreement prior to termination.  If your employment with your Employer ceases, we will terminate your Card privileges. You will be liable to your Employer for any unauthorized purchases made after your employment with your Employer ceases. Your Employer may also terminate this Agreement and your use of the Card at any time.

Expiration of the Card and Funds.  The Card has a “VALID THRU” expiration date embossed on the front of the Card.  Once this expiration date has passed, the Card will be voided and will not be replaced except in our sole discretion.  If you do not spend all the funds on the Card prior to this expiration date, the remaining funds will not be available to you and will be returned to your Employer.  You have no right to the funds except to use them for authorized purchases prior to the expiration date of the Card. Your Employer may in its sole discretion add more funds to the Card. If additional funds are added to the Card, those funds will be subject to this Agreement and also must be used prior to the expiration date stated on the Card. We may, in our sole discretion and if requested by your Employer, provide a new Card to you. If we do issue a new Card to you, any unexpired funds remaining on your old Card will transfer automatically to your new Card, but only if your old Card has not already expired. That new Card also will have an expiration date and all funds on that new Card must be used prior to that expiration date.  If we choose not to issue a new Card to you or if we cancel your Card Account for any reason, we will attempt to refund to Company the balance remaining in your Card Account less any amounts owed to us (e.g., fees and charges).  A check made payable to Company will be mailed to Company at the last postal address reflected in our records.  A fee may be imposed for refunding the remaining account balance by check (see “Schedule of Fees and Charges”).

Information Given to Third Parties. We may collect and disclose information (including personally identifiable information) to third parties, including your Employer, about you, your Card and the transactions related to your Card (“Cardholder Information"). 

They types of information we may collect includes:

(i) Information about purchases made with the Card, such as date of purchase, amount and place of purchase;

(ii) Information you provide to us when you register the Card, or when you contact us with customer service issues, such as name, address, and phone number; and

(iii) Information about you provided to us by your Employer when they request us to provide a Card to you, such as your name and address. 

We may use or disclose Cardholder Information:

(i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of the Card for a third party (e.g., a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency or court order; (iv) if you give us your written consent; (v) to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on the Card; and (viii) as otherwise permitted by law. 

Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information.  In addition, we maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information. 

We are required to periodically report certain Card information to the Visa Prepaid Clearinghouse Service (PCS) to assist in fraud prevention.  Please contact PCS Customer Service for details regarding the information reported and on file with PCS.
Visa Prepaid Clearinghouse Service Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131 PH
Phone (844)263-2111
Fax (844)432-3609

PCS Customer Service Department’s business hours are Monday – Friday, 9:00 a.m. – 5:00 p.m. Eastern Time.

No Warranty of Availability or Uninterrupted Use.  From time to time, services related to the Card may be inoperative. When this happens, you may be unable to use the Card or obtain information about the Card. Please notify us if you have any problems using the Card. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website 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 and armed conflicts.

Additional Risk Associated with Use of Business Purpose Cards: Company agrees that it will be responsible for all authorized and unauthorized transactions made through the use of your Card, except as otherwise described in this Agreement. You will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of your Card. This means your liability for the unauthorized use of your Card could be greater than the liability in a consumer prepaid card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with the use of business purpose cards as described in the Agreement.

How to Notify Us of Lost or Stolen Card, Access Information or Unauthorized Transfers.  If you believe your Card or any Access Information has been lost or stolen, immediately call: 1-855-394-9812 or write: Flow Card Services PO BOX 315 New York, NY 10018.  You should also call the number or write to the address listed above if you believe a transfer has been made using your Card or Access Information without your permission.  Company may be charged a fee for a replacement Card (see “Schedule of Fees and Charges”).

Lost or Stolen Card; Unauthorized Transactions or Errors.  You should protect the Card against theft, loss and unauthorized use with the same level of care that you use to protect the cash in your wallet.  Unless otherwise required by law, we will not be liable for unauthorized transactions unless we failed to process the transaction in good faith and in compliance with commercially reasonable security procedures.  If the Card and/or PIN has been lost or stolen or you believe someone has made an unauthorized transaction with the Card and/or PIN (or may attempt to use the Card and/or PIN without permission) or you believe an error has occurred with the Card, you agree to notify us IMMEDIATELY at 1-855-394-9812 and in no event later than thirty (30) days of the date of the transaction at issue. This verbal notification must then be promptly confirmed by a written notice to us at www.theflowcard.com. When you notify us, you must provide your name/Company’s Name, Card number and other identifying details, and describe the error or transaction that you are unsure about (if applicable). We cannot assist you if you do not have the Card number. We will cancel the Card, and if our records show that available funds remain on the Card, we will issue you a replacement Card loaded with the remaining value. There may be a fee associated with ordering a replacement Card (see “Schedule of Fees and Charges above). We reserve the right to decline to issue you a replacement Card in accordance with applicable law. You agree to assist us in determining the facts relating to any possible unauthorized use or error associated with the Card, and to comply with the procedures we may require for our investigation.

Disclaimer of Warranties.  EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability. We shall have no liability to you if we are unable to complete a transaction for reasons beyond our control.  In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages.  This provision shall not be effective to the extent prohibited by law.

Questions. Flow Card Visa® Prepaid Card, as the third party that administers the Card program, is responsible for customer service and for resolving any errors in transactions made with the Card.  If you have questions regarding the Card, you may call 1-855-394-9812 or write Flow Card Services PO BOX 315 New York, NY 10018 or visit www.theflowcard.com.

Communications.  We may contact you from time to time regarding the Card.  We may contact you in any manner we choose unless the law says that we cannot.  For example, we may:

                      (1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit;

                      (2) contact you by using an automated dialing or similar device (“Autodialer”);

                      (3) contact you at your home and at your place of employment;

                      (4) contact you on your mobile telephone;

                      (5) contact you at any time, including weekends and holidays;

                      (6) contact you with any frequency;

                      (7) leave prerecorded and other messages on your answering machine/service and with others; and

           (8) identify ourselves, your relationship with us and our purpose for contacting you even if others might

               hear or read it.

Our contacts with you about your Card Account are not unsolicited and might result from information we obtain from you or others.  We may monitor or record any conversation or other communication with you.  Unless the law says we cannot, we may suppress caller ID and similar services when contacting you regarding your card.  When you give us your mobile telephone number, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages.

If you ask us to discuss the Card with someone else, you must provide us with documents that we ask for and that are acceptable to us.

Notification of Changes.  If your U.S. mail or postal address, or your email address or telephone number changes, you must notify us immediately.  Failure to do so may result in information regarding the Card or Card Account being delivered to the wrong person or your transactions being declined.  In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account.  Company must notify us immediately in the event of the insolvency, receivership, conservatorship, bankruptcy or reorganization of Company or change in principal owners.  Company must also notify us immediately in the event of the insolvency or bankruptcy of any guarantor of the Card Account.  Company’s Card(s) and Card Account may be terminated by us in the event a change of control, reorganization, restructuring, conversion, consolidation, division or merger of Company.  We may require at our discretion that any new owner or principal of the Company to be a guarantor of the Card Account.  Any notice given by us shall be deemed given to you if delivered to you at the last email or mailing address for the Card Account furnished by you.  You agree that we may accept changes of address from the U.S. Postal Service.  You also agree that if you attempt to change your address to a non-U.S. address, your Card Account may be cancelled and funds returned to you in accordance with this Agreement.

Governing Law, Court Proceedings, Damages, Arbitration:  Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (1) this Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Minnesota; and (iii) you agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Agreement.  If we are served garnishments, summonses, 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.

ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

Agreement to Arbitrate. You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).

What Arbitration Is. "Arbitration" is a means of having an independent third party resolve a Dispute. A "Dispute" is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to your application for a Card and whether or not a Card is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms "you" and "your" include any authorized user and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms "we," "our," and "us" mean the Bank and include employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and agents of either or both.

How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association ("AAA") or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:

American Arbitration Association

1633 Broadway, 10th Floor

New York, NY 10019

Web site: www.adr.org

Telephone (800) 778-7879

 

JAMS, The Resolution Experts

1920 Main Street, Suite 300

Irvine, CA 92614

Web site: www.jamsadr.com

Telephone (949) 224-1810 or (800) 352-5267

In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute.  If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class-wide basis.

The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm's rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.

What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys' fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration.

Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in the county where you reside.

Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.

Applicable Law and Review of Arbitrator's Award. The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator's award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Minnesota and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of Minnesota and applicable federal law.

Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.

Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked within thirty (30) days following the date you enter into this Agreement.

Sunrise Banks, N.A.

200 University Avenue West Suite 200

Saint Paul, MN 55103

Assignability.  We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you.  The Card and your obligations under this Agreement may not be assigned by you. Notwithstanding the foregoing, this Agreement shall be binding on you and your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.

 

Miscellaneous Provisions:  When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion.  We do not waive our rights by delaying or failing to execute them at any time.  To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving the Card.  If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable.  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.

 

Customer Service

For all customer service information regarding the Card, please contact Flow Card Services:

1-855-394-9812

PO BOX 315

New York, NY 10018

This Agreement is effective 12/1/2015.

 

PRAXFLOWPREPAIDVISACARDTC0116-1