1. Certain Definitions. This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the MetaBank Prepaid MasterCard Card has been issued to you.  In this Agreement, the words "Applicant," "you," and "your" refer to the person who applied for and accepted or used the MetaBank Prepaid MasterCard Card (the "Card") that is the subject of this Agreement, including any authorized user of a Card. The words "MetaBank," "Bank," "we," "our," "us," and "Issuer" refer to MetaBank. "Issuer" shall include ProPay, Inc. ("ProPay") only to the extent that ProPay is acting as an Agent of the Issuer. The word "MasterCard" refers to MasterCard International, Incorporated and its affiliated companies. The words "business day" mean every Monday through Friday, except federal and Utah state holidays. "ProPay Account," "ProPay Premium Account," or "Account" refers to the Premium or higher level Account set-up by ProPay, which represents the merchant account transaction processing subject to the terms and conditions of the Merchant Account described in the Payment Services Agreement between you, ProPay, and Wells Fargo Bank, N.A., a national banking association ("Member"). "Payment Services Agreement" refers to the Agreement that governs the use of your ProPay Account, and is hereby incorporated by reference into this Agreement. Electronic Funds Transfer Agreement ("EFT Agreement") refers to the Electronic Funds Transfer Agreement between you and ProPay, and is hereby incorporated by reference into this Agreement. Electronic Communications Agreement ("eCommunications Agreement") refers to the Electronic Communications Agreement between you and ProPay, and is hereby incorporated by reference into this Agreement. Error Resolution Policy ("Error Resolution Policy") refers to ProPay’s Error Resolution Policy which explains how errors are resolved and potential liabilities, and is hereby incorporated by reference into this Agreement. Privacy Policy (“Privacy Policy”) refers to ProPay’s Privacy Policy which explains when and what information is shared with third parties, and as amended from time to time is hereby incorporated by reference into this Agreement. The headings in this Agreement are for convenience of reference only and will not govern the interpretation of the provisions hereof. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

2. FDIC Insurance; No Bank Guarantee. The cash value in your ProPay Account which is accessible by your Prepaid MasterCard Card is not held in a checking or other consumer asset account at the Bank. The cash value in your ProPay Account is not a Bank deposit or Bank obligation, and is not guaranteed by the Bank. No interest will be paid on the balances or amounts transferred to or balances accessed from your ProPay Account to your Card; such balances and amounts may be FDIC insured. You acknowledge and agree that you may not have any FDIC insurance, and that you do not have any Bank guaranteed account relating to your Card.

3. About Your Application. Before we approve your application and issue a Card to you, you must meet and agree to each of the following conditions and requirements:

a. Verification of personal information. You must be at least eighteen (18) years old, and a resident of the United States with a physical address in the United States or its territories. Pursuant to applicable state and federal law, the identity of each applicant will be verified. You acknowledge that, in order to receive a Card, you must give the Bank sufficient information and documentation to verify your identity. You agree to give the Bank any information and/or documentation the Bank may reasonably request to verify your identity. You also authorize us to make any inquiries we consider appropriate or necessary to verify your identity. The Bank in its sole discretion reserves the right to decline your application, including but not limited to the Bank’s inability to verify your personal information.

b. E-mail notices. When you apply for your Card, you agree to download or print the electronic version of this Agreement from the ProPay website (https://epay.propay.com/legal/cardagreement.aspx) for your future reference (Please see Sections 5 and 17(b) below for information about how you may ask us for a paper (printed) copy of this Agreement, including the Copy Fee that will apply). You also agree to accept e-mail notices and disclosures from the Issuer, and you agree to view your Completed Transactions Reports on the ProPay website at www.propay.com (see Sections 20 and 21 below). If you withdraw your consent to accept e-mail notices and disclosures from the Issuer, and to view your Completed Transactions Reports on the ProPay website, we may cancel your Card.

c. Current address. You agree to keep your e-mail and U.S. Mail addresses current. If your e-mail or U.S. Mail address changes, you agree to notify us immediately of the change, by either telephoning us at 1-800-365-7816, writing us at MetaBank c/o ProPay, Inc., 500 Timpanogos Pkwy, Orem, UT 84097, contacting us at ProPay Customer Service or contacting us through our web address at www.propay.com. If we try to send you any e-mail or U.S. Mail, using the most recent address we have on file for your Card, and receive a message that the e-mail or U.S. Mail is undeliverable because the address is no longer valid, we may cancel your Card.

d. Card Issuance.  Once your application has been approved, your Card will be issued within a 4 to 6 week period.

4. Card Description. Your Card accesses only the balance held in your ProPay Account. The Bank accesses your ProPay Account balance when the Card is used by presenting your Card in person, or by authorizing use of your Card by giving your Card number, to any participating merchant, financial institution, or automated teller machine ("ATM") that accepts Prepaid MasterCard Cards or that displays the MasterCard brand mark (or the Cirrus® brand mark to the extent that it is still in use). Transaction limitations apply as described in Section 10 below. This Card will remain the property of MetaBank and must be surrendered upon demand.  The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. Additional terms and conditions apply to the use of your Card, as explained below.

5. Agreement. This MetaBank Prepaid MasterCard Cardholder Agreement, together with all other documents we give you pertaining to your Card (collectively, this "Agreement"), including but not limited to the EFT Agreement, eCommunications Agreement, and the Privacy and Error Resolution Policies, constitutes a contract that establishes the rules that govern your Card and the use of your Card. Please read this Agreement carefully and keep a copy for your future reference. This Agreement is the final written expression of the agreement between you and the Bank concerning your Card, and this Agreement may not be contradicted by evidence of any alleged oral agreement. By requesting a Card from us or by signing or using your Card, you agree to the terms, conditions and provisions of this Agreement,  the EFT Agreement, eCommunications Agreement, and the Privacy and Error Resolution Policies. If you have any questions or if you would like to request a paper (printed) copy of the current version of this Agreement, please call us at 1-800-365-7816 (Please see Section 17(b) below for the Copy Fee that will apply to any such request).

6. Liability for Charges. You agree to the charges set forth in the Service Charges Section of this Agreement (see Section 17 below). You authorize ProPay to deduct these charges automatically, as they accrue, directly from the balance in your ProPay Account for the use of your Card. You agree to pay all additional reasonable charges we assess for services you request that are not covered by this Agreement.

7. Adding Value that you can access by your Card from your ProPay Account. One or more of the following methods may be used to add value to your ProPay Account balance which is accessible by your Card:

a. Third Party ProPay Affiliates.  Value may be added to your ProPay Account by receipt of funds from a Third Party ProPay Affiliate. If your ProPay Account is established because of your connection or relationship to a corporation or business entity that owes you money, it may pay you what it owes you by transferring money to your ProPay Account which is accessible by your Card. Amounts transferred by Third Party ProPay Affiliates to your ProPay Account may become available for access through your Card, upon receipt of the amount transferred by the Third Party ProPay Affiliate.

b. Electronic Transfer (ACH).  Value may be added to your ProPay Account by ACH Transfer from a "Verified Account" of yours at another financial institution as described in the EFT Agreement. You may add funds to your ProPay Account by instructing ProPay to transfer funds from said Verified Account to your ProPay Account. These transferred funds will then become available for access through your Card. The Verified Account must be a U.S. based checking account as described in the EFT Agreement. Amounts transferred may take up to seven days to become available in your ProPay Account for access through your Card.

We reserve the right to limit the total dollar value that may be accessible by your Card from your ProPay Account at any given time, and also reserve the right to limit the dollar amount that you can access by your Card from your ProPay Account in any given transaction. We also reserve the right to add or discontinue any method for transferring funds to your ProPay Account which will be accessible by your Card. We reserve the right to reverse or adjust any dollar amount accessible by your Card from your ProPay Account in error.

We only allow you to access funds from your ProPay Account that are denominated in U.S. currency for use of your Card. We may, in our sole discretion, refuse to allow access to and/or return any item presented to us for access to your ProPay Account by your Card. When the Bank accepts any item for access to your ProPay Account by your Card or for collection, we will process the item to collect payment; we will not, however, become the owner of the item. We will not be responsible beyond the exercise of ordinary care in processing for access, by your Card, to your ProPay Account.

ProPay will give only provisional credit until collection is final for any items, other than cash, that are accepted for the purpose of increasing the balance in your ProPay Account for access by your Card. We are not responsible for transactions submitted to us by mail or outside depository.

8. Your PIN. You will establish your Personal Identification Number ("PIN") by telephone at the time you activate your Card. You will have to provide the PIN whenever you use the Card for ATM cash withdrawals. Your PIN is an important security feature protecting the use of your card and you should take all reasonable precautions to protect it and make sure that it is only ever known to you.  When assigning a PIN during the card activation process, do not select an easily predicted value such as a birth year or your home address.  When using an ATM for cash withdrawals, take reasonable precautions when entering your PIN so that others may not observe it.  Do not write or disclose your PIN to anyone.  It is best to memorize your PIN.  Avoid using an ATM or POS device that appears to be tampered with or bogus..  If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in Section 21(b) below.

9. Use of Card.

a. Limited to ProPay Account Value. You may not use your Card to make a purchase or to obtain cash in excess of the balance in your ProPay Account (minus any balance that is subject to a hold due to a pre-authorization on your card or any other reason). If for any reason a purchase or cash transaction has exceeded the balance on your ProPay Account, you are responsible for repaying ProPay in full and upon demand the amount by which any purchase or cash transaction has exceeded the balance on your ProPay Account. ProPay may automatically deduct any amount you owe under this Agreement from any future transfer of funds to your ProPay Account. If you fail to pay ProPay for any excess amounts accessed in your ProPay Account by you using your Card, or any amounts owed under this Agreement, and ProPay refers your obligation to an attorney who is not the salaried employee of ProPay, you agree to pay any reasonable attorney's fees incurred, plus the costs and expenses of any legal action, to the extent permitted by law.  If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. 

You also in your individual capacity (even though you may place a title or other designation next to your signature), jointly and severally unconditionally guarantee and promise to pay ProPay all indebtedness at any time arising under or related to the Card accessing funds in your ProPay Account or the Payment Services Agreement or the EFT Agreement, as well as any extensions thereof. As guarantor, you wave: (i) demand, protest, and notice of non-payment; (ii) any defense arising by reason of any defense of Applicant or other guarantor; and (iii) the right to require ProPay to proceed against Applicant or any other guarantor, to pursue any remedy in connection with the guaranteed indebtedness, or to notify guarantor of any additional indebtedness incurred by the Applicant, or any change in the Applicant's financial condition. You also authorize ProPay, without notice or consent, to (i) extend, modify, compromise, accelerate, renew, increase or otherwise change the terms of the guaranteed indebtedness; (ii) proceed against one or more guarantors without proceeding against the Applicant or another guarantor; and (iii) release or substitute any Applicant, Co-Applicant and/or guarantor. You agree (i) you will pay ProPay's costs and attorney's fees in enforcing the guarantee; (ii) this guaranty is made in Utah and will be governed by Utah law; and (iii) this guarantee shall benefit ProPay and successors and assigns.

b. Using your Card to pay for part of a purchase. With the prior consent of the relevant merchant or financial institution, if the balance in your ProPay Account which is accessible by your Card is not enough to pay for a purchase or other transaction, you may be able to pay the difference between the balance in your ProPay Account which is accessible by your Card (minus any value subject to a hold due to a pre-authorization or any other reason) and what you owe the merchant or financial institution by giving the merchant or financial institution cash, a personal check, a major credit card, or an ATM/debit card.

c. Pay-at-the-Pump.  The card can be used for "Pay at the Pump" gasoline transactions with some limitations.   You must select “credit,” not “debit” when using your card at the pump terminal.  You must have at least $75 in your ProPay Account for the transaction to be authorized.  If the final transaction amount is less than the $75 authorized, the difference will not be available for use until the transaction settles, which may be 2-3 business days after the transaction occurred.  The settlement of the transaction and release of the difference between the amount authorized and the final transaction amount is dependent upon the gas station where the purchase occurred and cannot be controlled by ProPay.  If you have less than $75 in your ProPay Account and wish to purchase a specific amount of gasoline, you must complete the transaction at the cashier’s desk.

d. Transfers to Foreign Accounts.  You cannot transfer any ProPay Account balance to a foreign bank as described in the EFT Agreement.

10. Types of Card Transactions; Transaction Limitations. We may limit the total number of transactions on your Card, and the total amount you may purchase or otherwise withdraw using your Card to $2,500 per day. Additional limitations apply to certain types of Card transactions.  However, we are capable of handling the following types of Card transactions, subject to the limitations noted below:

a.  Automatic Recurring Payments.  You may arrange for certain types of recurring payments to be made automatically from the balance in your ProPay Account which is accessible by your Card. To initiate these automatic recurring payments, you must use your 16-digit Card number and the payment must be made through a merchant that accepts MasterCard Debit Cards.

b. ATM and Financial Institution Transactions.  You may use your Card to obtain cash at participating ATMs and financial institutions that accept MasterCard Debit Cards or that display the MasterCard brand mark (or the Cirrus® brand mark to the extent that it is still in use). The services available at ATMs may vary by ATM. For security reasons, we may limit you to a total of two (2) cash withdrawals per day, and may also limit the amount of cash that can be withdrawn from the balance in your ProPay Account which is accessible by your Card to a total of $1,000 per day. Certain ATMs may impose separate limits on the amount of cash that can be withdrawn per transaction. Certain ATMs may also charge fees (in addition to the Cash Transaction Fee described in Section 17(a) below) for cash withdrawals, which fees should be disclosed to you at the time of the transaction.

c.  Point-of-Sale Transactions.  You may use your Card to make purchases at participating locations that accept MasterCard Debit Cards. You must select "Credit," not "Debit," when using your Card at self-service point-of-sale (POS) terminals, like the terminals commonly used at grocery and convenience stores. We reserve the right to refuse to pay, honor or settle any obligation incurred with, or through the use of, your Card that is presented to us in any manner other than through the MasterCard network.

11. Important Notice Concerning Merchant Pre-authorizations and Holds. Your Card is not well suited for transactions that involve merchant pre-authorizations. If you use your Card to pay certain merchants, they may obtain a pre-authorization for the transaction. Examples of merchants that perform this pre-authorization are hotels and car rental companies. A fourteen-day hold may be placed on your Card in the amount of the merchant's pre-authorization request. If the merchant's pre-authorization request varies from the amount of the transaction the merchant subsequently submits to the MasterCard system, settlement of the transaction may not remove the hold, which may remain on your Card until the fourteen days have expired. If your Card is subject to a hold, the balance in your ProPay Account that is subject to a hold will not be available to you for withdrawal or other purposes, apart from the transaction that was the reason for the pre-authorization hold.

12. Acceptance of your Card. The Bank is not responsible for the failure of any merchant or financial institution to accept or honor your Card. The Bank also is not responsible for the quality, quantity, price, terms or conditions of any goods or services you purchase from a merchant with your Card. Unless applicable law otherwise requires, if you make a purchase with your Card and the merchant discloses a policy such as "no returns," "no refund," "no return or credit without receipt," "as is," "store credit only," "all sales final" or similar statements, you will be bound by that policy. (Please also see Section 28 below.)

13. Illegal and Prohibited Transactions. You may not use your Card for any illegal transactions, at casinos, or for any gambling activity. You also agree that, to the extent permitted by applicable MasterCard rules and regulations, the Bank may refuse to authorize any transaction submitted by any merchant for authorization. However, if you use, or allow someone else to use, your Card for any unlawful purpose, you will be responsible for such use and may be required to reimburse the Bank and/or MasterCard for all amounts or expenses the Bank and/or MasterCard pays as a result of such use. You understand that it is your responsibility to determine if the transactions for which you use or allow someone else to use your Card or Card number are lawful and that neither the Bank nor MasterCard is responsible for determining the legality of such transactions.

14. Telephone Monitoring, Recording and Contacts. To ensure that customers receive quality service, and that Card-related calls are conducted in a manner consistent with Bank policy, the Bank randomly selects phone calls for monitoring and/or recording. These calls are monitored and/or recorded solely for evaluation by supervisors, and/or for training, monitoring for compliance purposes, and quality control, to help ensure that prompt, courteous assistance and accurate information are delivered in a professional manner. You agree that any call between a representative of the Bank and you may be monitored and/or recorded for these purposes. You further agree that: (i) you have an established business relationship with us and may be contacted from time to time regarding your Card; (ii) such contacts are not considered unsolicited or inconvenient; and (iii) any such contact may be made using any cellular or other number you may have given us, using any e-mail address you may have provided to us, or using an automated dialing and announcing or similar device, unless you notify us otherwise or unless otherwise prohibited by law.

15. Credit or Information Inquiries. You agree that the Issuer may make such inquiries as the Issuer deems appropriate in connection with the processing of your application for a Card, and the issuance and continued maintenance of your Card, including (for example) the processing of funds transfers sent to your ProPay Account which are accessible by your Card. This may include inquiries to consumer reporting agencies and others. The Issuer can furnish information concerning your Card, your use of your Card, and Card transactions to consumer reporting agencies and others who may properly receive that information.

16. Card Benefits. From time to time various additional features, services and enhancements may be made available to you in connection with your Card. The Issuer is not liable for these features, services, and enhancements, and such features, services, and enhancements are the sole responsibility of the third party provider. You agree to hold the Issuer harmless from any claims, actions, or damages resulting from your use of any of these features, services, or enhancements, to the extent permitted by applicable law. The Issuer reserves the right to adjust, add, or delete benefits and services made available in connection with your Card at any time.

17. Service Charges. The following fees will be charged for the issuance, maintenance and use of your Card. You agree these fees may be deducted automatically from the balance in your ProPay Account, which is governed by the Payment Services Agreement.

a. Cash Transaction Fee.   A Cash Transaction Fee of $1.50 will be charged each time you obtain cash from an ATM or a financial institution using your Card. This fee is in addition to any fee that may be charged by the owner or operator of the ATM (or any ATM network used to complete the cash withdrawal) or by the financial institution honoring your Card. Any fee charged by the owner or operator of the ATM (or any ATM network used) for a cash withdrawal will also be deducted from your ProPay Account.

b. Copy Fee.  A Copy Fee of $2.50 per page may be charged for each paper (printed) copy of a transactions report, notice, disclosure, e-mail, or other document you request (including, without limitation, any paper copy of this Agreement you request).

c. Transaction Fee for Purchases, Cash Advances, and ATM withdrawals made in Foreign Currencies.  Purchases, Cash Advances, and ATM withdrawals made in currencies other than U.S. Dollars will be converted to U.S. Dollars under the operating regulations or foreign currency conversion procedures established by MasterCard International then in effect. Conversion to U.S. Dollars may occur on a date other than the date of the transaction; therefore, the currency conversion rate may be different from the rate in effect at the time of the transaction. We do not determine the currency conversion rate that is used. You agree to pay the converted amount. For each purchase or cash advance made in a foreign currency, we add an additional 2% of the amount of the purchase or cash advance after its conversion into U.S. Dollars.  For each ATM withdrawal made in a foreign currency, we add an additional $3.00 to the amount withdrawn after its conversion into U.S. Dollars. MasterCard International will establish a currency conversion rate for this purpose. We do not keep any portion of the MasterCard International currency conversion rate.

d. ATM Inquiry Fee. You agree to pay a $1.00 ATM Inquiry Fee for each inquiry, domestically or internationally, that you make at an ATM to view the current balance in your ProPay Account. The fee will be charged even if you do not use the ATM to complete a cash transaction.

e. Card Replacement Fee.  In the event that the Card is reported lost or stolen, a Card Replacement Fee of $14.95 will be charged to issue a new Card to you. However, if your Card is stolen and you show actual proof of theft (i.e. - a police report) you may be eligible to receive a replacement Card free of charge. You may receive one replacement Card free of charge per year if your previous Card is worn out or the Card's magnetic strip ceases to function. You must send the damaged Card to ProPay to avoid being charged for the replacement Card.

f. Card Rush Delivery Fee.  A Card Rush Deliver Fee of $49.00 will be charged for delivery of your Card or any replacement Card using a method other than standard U.S. Mail.

g. Failed Delivery Fee.  Subsequent to Card acceptance and issuance, if we are unable to confirm delivery of your Card, you will be charged with all costs associated with any and all Card re-delivery attempts. You may also be charged an additional fee for said delivery service.

h. Stop Payment Fee.  A Stop Payment Fee of $20.00 will be charged when you make, and we execute a request to stop a pre-authorization transfer from your Card.

18. Receipts. When using your Card at an ATM or point-of-sale terminal, you should receive an acknowledgement or receipt at the time of your Card transaction. The day of your Card transaction may not be the same day the transaction is deducted from your ProPay Account. Your monthly Completed Transactions Report (as described in Section 19 below) will describe your ATM and point-of-sale Card transactions.

19. Completed Transactions Reports. We will make a Completed Transactions Report, which details all of your Card activity, available to you each month. We will provide your Completed Transactions Reports electronically (see Section 20 below) on the ProPay website (www.propay.com). You agree to notify the Issuer promptly if you are not able to access your Completed Transactions Report on the ProPay web site at www.propay.com.

You agree to examine your Completed Transactions Report immediately after we first make it available to you for review, and notify the Issuer immediately of any erroneous, improper or unauthorized transactions reflected on your Completed Transactions Report (Please see Section 21 below). If there is an error on your Completed Transactions Report and you do not advise the Bank of that error within 60 days after the Bank first made your Completed Transactions Report available to you for review, you will be bound by what your Completed Transactions Report shows, subject to Section 21 below.

20. Electronic Notices and Disclosures. You agree to accept e-mail notices and disclosures from the Issuer as described in the eCommunications Agreement. You also agree to view your Completed Transactions Reports on the ProPay website at www.propay.com (see Section 19 above), as a condition of obtaining and using your Card. E-mail notices and disclosures could include notices of changes to the terms and conditions that apply to your Card (see Section 25 below), notices of changes to the software or hardware required to access, download, and print copies of your Completed Transactions Reports that are posted on our website, Card cancellation notices, annual privacy policy disclosures, and other notices and disclosures.

If you withdraw your consent to accept e-mail notices and disclosures from the Bank, and to view your Completed Transactions Reports on our website, we may cancel your Card. You may withdraw your consent by either telephoning us at 1-800-365-7816 or writing us at MetaBank c/o ProPay, 500 Timpanogos Pkwy, Orem, UT, 84097.

We require five (5) business days in which to process your consent withdrawal. During the five (5) business days after we receive your consent withdrawal, we may continue to send you e-mail notices and disclosures, and we may continue to make your Completed Transaction Reports available for viewing at the ProPay website at www.propay.com.

If for any reason we do not make your Completed Transactions Reports available for viewing on our website, we will mail you your Completed Transactions Reports via U.S. Mail, without charge. We may also e-mail or mail you via U.S. Mail, without charge, other notices and disclosures concerning your Card, at our option.

You have the right to receive copies of electronic Completed Transactions Reports, or any e-mail notice or electronic (including website) disclosures the Bank may give you concerning your Card, in paper (printed) form upon request. You agree to pay the Bank the Copy Fee described in Section 17(b) above for each paper (printed) copy of a Completed Transactions Report, e-mail notice or electronic (including website) disclosure sent to you at your request via U.S. Mail

21. Unauthorized Use.

a. Certain MasterCard Transactions. In accordance with ProPay’s Error Resolution Policy, you will not be liable for any unauthorized MasterCard Transactions (as defined below) that are posted to your Card, provided all of the following three conditions are met:

1. Your Card and ProPay Account must be in good standing (e.g., not presently or recently overdrawn, and not presently or recently under suspicion of possible illegal or suspicious use);
2. The Bank has not received more than one (1) other report of unauthorized use of your Card in the last 12 months; and
3. You exercised reasonable care in safeguarding your Card, Personal Identification Number ("PIN"), and Card number, as reasonably determined by the Bank.

For purposes of this Section 21(a), transactions are "MasterCard Transactions" only if they are processed directly by the MasterCard system. "MasterCard Transactions" do not include any cash received from an ATM (or a similar machine) or from a financial institution using your Card.  We will consider a transaction using a PIN as the verification method to be authorized.  Unauthorized use means the use of a card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use, and from which the cardholder receives no benefit.

b. Your liability for unauthorized use. In accordance with ProPay’s Error Resolution Policy, notify us AT ONCE if you believe your Card, 16-digit Card number, or your PIN has been lost or stolen. Notifying us immediately will help minimize your potential loss of funds. You could lose your entire ProPay Account balance which is accessible by your Card. If you notify the Issuer within two (2) business days, your maximum loss would be no more than $50 if someone used your Card, 16-digit Card number, and/or PIN without your permission.

If you do NOT notify us within two (2) business days after you learn of the loss or theft of your Card, 16-digit Card number, and/or PIN, and we can prove we could have stopped someone from using your Card, 16-digit Card number, and/or PIN without your permission if you had notified us, you could lose as much as $500.

Also, if your Completed Transactions Report shows transfers that you did not make, notify us at once. If you do not notify us within sixty (60) days after your Completed Transactions Report was first made available to you for review, you may not get back any money you lost after the sixty (60) days if the Issuer can prove that we could have stopped someone from using the balance in your ProPay Account which is accessible by your Card, if you had notified us in time.  If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we will extend these time periods.

c. Contact the Bank in the event of unauthorized transfer. If you think your Card, 16-digit Card number, and/or PIN has been lost or stolen or that someone has transferred or may transfer funds from your ProPay Account which is accessible by your Card without your permission, call us at 1-800-365-7816, or write:

MetaBank c/o ProPay
500 Timpanogos Pkwy
Orem, UT 84097
ProPay Customer Service
Web Address: www.propay.com

d. Error resolution procedures.

If you think your Completed Transactions Report or ATM or receipt is wrong, or if you need more information about a transfer listed on your Completed Transactions Report or receipt, or in case of errors or questions about your card transactions, call us at 1-800-365-7816, or write us at:

MetaBank c/o ProPay
500 Timpanogos Pkwy
Orem, UT 84097
ProPay Customer Service
Web Address: www.propay.com

We must receive notification from you no later than sixty (60) days after we made available to you for review the FIRST Completed Transaction Report on which the problem or error appeared. Give us the following information:

1. Your name and 16-digit Card number.
2. A description of the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. The dollar amount of the suspected error.

If you notify us orally, we may require that you send us your complaint or question in writing within ten (10) business days.  We will determine whether an error occurred within ten (10) business days after we receive notification from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your ProPay Account within ten (10) business days for the amount you think is in error, so that you will have the use of the balance in your ProPay Account which is accessible by your Card 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 ten (10) business days, we may not credit your ProPay Account.

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

We will notify you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

22. Confidentiality. We will disclose information to third parties about your Card or Card transactions in compliance with our Privacy Policy, a copy of which is available on the ProPay website at https://epay.propay.com/legal/privacy.aspx.

23. Our Liability. In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages.  We will not be liable, for instance:

a. If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction;

b. If a merchant refuses to accept your Card;

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

d. 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; 

e. If access to your Card has been blocked after you reported your Card lost or stolen; 

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

g. If we have reason to believe the requested transaction is unauthorized;

h. 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;

i. Any other exception stated in our Agreement with you (Please also see Section 28 and 29 below.).

24. Assignment. Your Card and your obligations under this Agreement may not be assigned.  We may transfer our rights under this Agreement.

25.  Amendment.  This MetaBank Prepaid MasterCard Cardholder Agreement may be amended, modified or revised at any time, without notice.  While notification to you of said amendments, modifications or revisions may be made, it is your sole responsibility to review and maintain familiarity with this MetaBank Prepaid MasterCard Cardholder Agreement, including any changes that may be made thereto. Any subsequent amendments, modifications, or revisions made to this MetaBank Prepaid MasterCard Cardholder Agreement will be fully binding upon you as governing the use of your MetaBank Prepaid MasterCard Card. Changes will be effective on the date set forth as the Effective Date in the Preamble Section of this Agreement.  

26. Legal Process Against Your Card. You agree that you shall not allow the balance in your ProPay Account which is accessible by your Card to become subject to any lien, judgment, attachment or execution at any time. If you do, the Bank may cancel your Card, place a hold on the balance in your ProPay Account which is accessible by your Card for a reasonable period of time to allow the Bank to cover any trailing transactions on your Card, and charge any applicable Fees. (See Section IV of the Payment Services Agreement)

The Bank will comply with any notice of garnishment, attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your Card that, in its sole judgment, appears to be valid. If your Card becomes involved or subject to any legal or administrative proceeding, and the Bank is ordered or required to take any action relative to your Card that is inconsistent with the terms of this Agreement, the terms of such order or requirement shall supersede the terms of this Agreement.

27. Termination. You may ask us to cancel your Card at any time by calling us at 1-800-365-7816 or writing us at MetaBank c/o ProPay, 500 Timpanogos Pkwy, Orem, UT 84097. You may also cancel this Agreement by returning the Card to us at MetaBank c/o ProPay, 500 Timpanogos Pkwy, Orem, UT 84097.   Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.  You may not use your Card after it has expired, after your Card has been canceled, or after you have failed to renew your ProPay Account as described in the Payment Services Agreement.

We may also cancel your Card at any time, for any or no reason, and with or without cause, after giving you reasonable notice. If we cancel your Card, you agree to return your Card to us immediately after our request. If we cancel your Card, such cancellation will not affect your obligation to pay any charges due in connection with your Card under the terms of this Agreement.

28. Disclaimer of Warranties. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING YOUR CARD, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

29. Limited Liability. EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT. UNLESS WE HAVE ACTED IN BAD FAITH, WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOR YOUR CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE GOODS OR SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATRRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IF WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER 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.

30.  Miscellaneous Provisions.  Use of your Card 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 anytime.  If any provision of this Agreement shall be determined to be invalid, illegal 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. Any arbitration and/or legal proceeding arising from or related to this Agreement, this Agreement shall be governed by the laws of the state of South Dakota, except to the extent said arbitration and/or legal proceeding is governed by federal law (e.g. Section 31 below), or unless MetaBank consents in writing that the arbitration or legal proceedings shall be governed by the laws of the state of Utah.

31. Arbitration

(a)  Purpose:  This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

(b)  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 the use of the Card 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) the use of your Card; (ii) the amount of Available Funds  accessible by the Card, or any funds held by the Bank in connection with your ProPay Account; (iii) the processing of items or funds transfers sent to the Bank to be posted to your ProPay Account or similar items transferred out of your ProPay Account; (iv) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (v) the benefits and services related to the Cards; (vi) your enrollment for any Card; (vii) regarding information gained by us from, or reported to us, by credit bureaus or others; (viii) relating to the maintenance or servicing of your ProPay Account in relation to your Card. 

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 agent of the Bank or third party using or providing any product, service or benefit in connection with any Cards (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 a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders.

(c)  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 National Arbitration Forum (“NAF”), 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 procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org .

(d)  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 NAF, 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.

(e)  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 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.  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.  Nothing contained in this arbitration section of this Agreement to the contrary, in the event you owe MetaBank, its agents or assigns any unpaid fees, charges, costs or other amounts of any type whatever,  The Bank, its agents or assigns may initiate judicial proceedings to collect said amounts owed. In the event we commence litigation, the prevailing party shall be entitled to reasonable attorney fees and all costs of judicial proceedings. Any judgment rendered against a party shall hereby bear interest at eighteen (18) percent per annum from the date of its entry until paid in full.

(f)  Location of Arbitration/Payment of Fees:  Any arbitration hearing that you attend shall take place in the federal judicial district of your residence or at a location mutually agreeable to the parties.  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 an 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.

(g)  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 party requesting the appeal shall pay all costs attendant to the appeals process, except that each party shall pay its own expert and witness fees expenses unless otherwise required by law. The decision of the panel shall be by majority vote and shall be final and binding.  Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over the judgment.

(h)  Continuation:  This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the 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.