Member Cardholder Agreement

Read this Agreement, and retain it for your records.
This “Agreement” applies to your ZSafe MMV Stored Value Card (“Card”) and the associated uses, responsibilities and liabilities of you, the “Cardholder”.

In this Agreement, the words “you”, “your” and “yours” refer to you, the Cardholder, as the holder of an  Stored Value Card. The words “we”, “us”, and “our” mean , the issuing bank and all associated and affiliate associations required to fulfill and manage your Card.

You accept this Agreement’s provisions by using your Card. You affirm that everything stated in your application, which forms part of this Agreement, is correct to the best of your knowledge.

Responsibility. You agree that you are financially responsible for all uses of the Card, the Account, and for the information provided to , its representatives, agents or employees, by you or others permitted to use either your passwords or other personal identifying names or numbers, whether by website data entry, ATM use, or otherwise.

Age:  You affirm that you are 18 years of age or older.  

Ownership and Use of the Card:  This Card is and will remain our property.  However, you will be solely and completely responsible for the possession, use and control of the Card.  You must surrender or destroy the Card immediately upon request.  The Card may not be used for illegal purposes.  

Changes: We may change any part of this Agreement at any time. We will give you notice of the change if required by law.

Termination: We may, at any time, for any or no reason, terminate this Agreement and/or temporarily or permanently suspend your right to use the Card. You agree to destroy the Card if the account is terminated. We will remit the balance, which we may do by transferring a credit to the debit or credit card account you may have designated to fund your account or by remitting a paper check to the name and address last provided by you. You also may cancel the Account at any time by calling (800) ???-????. In any event, a cancellation fee may be charged.

Funding the Card. The ZSafe Card is a renewable, stored value card. The value of the Card depends on the amount of funds that have been transferred, “stored”, or “loaded” onto the Card.

THIS IS NOT A CREDIT CARD.  FEES APPLY TO LOADING OF FUNDS  FROM YOURSELF OR FROM YOUR EMPLOYER.  YOU HOLD US AND YOUR EMPLOYER HARMLESS FOR THESE FEES CHARGED.  YOU VOLUNTARILY OFFER THIS CARD TO YOUR EMPLOYER FOR LOADING OF ALL OR PORTION OF ANY FUNDS OR PAYROLLS THAT MAY BECOME DUE TO YOU.

Sources of Funding:

1.  Payroll, commissions, royalties or other fees due to you, as an employee or independent contractor, may be loaded via electronic transfer as arranged between You and payer.  Loading of funds by payer for independent contractor services will be reported to the appropriate governmental agencies and you will receive the appropriate notification, for the purposes of tax reporting, from the payer.   We bear no responsibility, whatsoever, for any such reporting or tax liabilities.

2.  When applicable and available, bank checking or savings account or debit card account (“Funding Account”) with appropriate anti-fraud verification.  Certain delays may be required to assure funds are available for such loads prior to crediting to your account. 

3.  You may load funds via direct deposit of cash using the approved deposit slip or via mail-in of U.S. Postal Money Order.

Where and How:
1.  Various companies that have contracted with us for the payment of payroll, commissions, royalties or other fees to independent contractors may load such payments to your card electronically through the network.

2.  You may load funds to the Card at any time through your online account if electronic bank transfer features are available for your particular card.

3.  At our bank, using the approved and supplied deposit ticket, during regular business hours (Cash Only)

4.  Any time via mail-in deposit using only U.S. Postal Orders.  Other money order types will not be accepted.

Availability of Funds:
1.  Funds loaded to the Card from another debit Card of the same type card account will be available no later than the next business day after the transfer was made. 

2.  Funds loaded by ACH transfer that we authorize (for payroll, commissions, etc.) will be available no later than 5 business days after the transfer is initiated.

3.  Funds loaded from bank checking or savings accounts will be available no later than 5 days after the transfer is initiated.

4.  Cash funds deposited directly to the bank using the approved deposit ticket will be available within 48 hours.

5.  U.S. Postal Money Orders mailed to our processing center will be available within 5 working days.

Funding Limits
1.  There is no limit upon the maximum amount that may be transferred to your Card by an employer for your regular work payment subject to approval.

2.  You may not load more than $10,000 or less than $25 onto the card at any one time from your Funding Account.

3.  The Card may not be loaded more than twice per day or ten times per week. 

Spending Limits.   The maximum amount allowable for purchase from merchants may not be more than the total funds available on the Card, less applicable fees.  Unusual or multiple purchases may prompt a merchant inquiry or card suspension to allow  to investigate such unusual activity.  You agree to be financially liable for any spending beyond the available Card funds and any spending overdraft may be immediately repaid from the next reload of funds or from your Funding Account, if you have attached such a Funding Account.

Withdrawal Limits
1. The maximum amount allowable for cash withdrawals from ATMs and member banks is $300 per 24-hour period. 

2. The maximum cash that can be received from a merchant that has agreed to provide cash back services, which must be accompanied by a purchase, is $50.00.

Refunds. If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to your Card in place of cash.

Using the Card. You can use the Card to:
1.  Make purchases anywhere the network logo on your card is accepted.  When making purchases, you may select the debit or credit options.  The debit option requires that you enter your PIN and the credit option does not require a PIN.  In each case, the amount of the purchase is deducted from your Card balance. ATM Cards require your PIN for all transactions.

2.  Withdraw cash from any automated teller machine (ATM) displaying the Network logo on your card, in which case a Personal Identification Number (PIN) is provided for your use and protection.

3.  Obtain cash from places, which have agreed to provide cash back at the point of sale.  The maximum cash back allowed with a purchase is $50.

Confidentiality.
1. You should not disclose the PIN or record it on the Card or otherwise make it available to anyone else.

2. If the Card or PIN is lost or stolen or if someone else may be using them without your permission, notify us at once by calling the toll-free number listed on our website, http://www.zsafe.com/support.

3.  If you authorize or permit someone else to use the Card and/or PIN, you will be liable for any transactions made by that person.

4.  Call Customer Service:   1-800-???-????

Payment. Each time you use the Card, the amount of the transaction will be debited from the balance of funds on the Card.

1.  You are not allowed to exceed the funded balance when making any purchase.

2.  If this occurs, you agree to be 100% responsible for payment to us of the overdraft.

3.  You agree to have the amount of the overdraft deducted from any money later added (“loaded”) to the balance of your Card.

4.  You agree that fees and charges specified in this Agreement may be deducted from the Card.

5.  You agree to pay any Card funds deficiency at once, together with all costs of collection.

6.  You specifically authorize us to debit Funding Accounts to cover any Card balance deficiency, if you have attached any such Funding Accounts to the Card.

Operating Fees.  We reserves the right to, from time to time, revise the fee schedule and will notify you accordingly.  You will be charged the following fees:

Other Fees.

1.  The owners of ATMs or other networks may impose an additional charge to use their machines.

2.  Should a funding transaction be returned from the Funding Account for insufficient funds, a return fee of $25 will be assessed.

3.  An overdraft fee of $15 will be assessed to the Card for purchases or transactions in excess of the available Card balance.

4.  Should a disputed card use or purchase prove to be valid, a charge back fee of $15 will be assessed to the Card.

5.  Usage outside of the United States, International, will be assessed higher fees for ATM and POS transactions.

6.  An International exchange fee of 1.5% of the amount of the transaction or ATM withdrawal will be charged for transactions or ATM withdrawals outside the United States.

7.  Mail-in deposits will be charged the standard $1.00 deposit fee plus an additional $2.50 handling fee will be deducted from the deposit amount.

Our Right to Offset.  We have the right to offset against the Card or the Funding Account for any indebtedness owed by you to us, whether individually or jointly owed.  We may offset against the Card or the Funding Account either before or after your death without demand or notice.  We will not be liable for any dishonored Entry that results.  Periodic Statement. A periodic statement of the Card account for each monthly cycle will be made available to you online.

1.  We  will provide all Card activity, entries, transactions and history through Internet access or by electronic transmission to your email address and not through paper statements.

2.  You agree that we may provide your periodic statement on the internet or electronically, that we may notify you monthly, at the electronic mail address, which you provide upon account setup for such notices, where and how, you may view the statement online.

3.  You may elect to receive printed-paper statements sent by mail rather than the electronic statements sent to your email address.  If you so elect, you will be charged $5.00 per month or per statement mailed to you.  

Website and Availability. Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, 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 natures, labor disputes and armed conflicts.

You agree to act responsibly with regard to the website and its use.  You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the websites systems and integrity.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment.  We advise the regular use of a reputable and readily available virus screening and prevention software.

Links. Our website may contain links to other websites, provided as a convenience to you and not an endorsement by Us. We are not responsible for the content of any such website, which you enter at your own risk.

Your Liability. Tell us AT ONCE if you believe your card has been lost or stolen. TELEPHONING IS THE BEST WAY OF KEEPING YOUR POSSIBLE LOSSES DOWN.

1.  Our zero dollar liability policy may protect you from liability for certain unauthorized transactions. Under our zero dollar liability policy, unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions made with your lost or stolen Card that are processed through the network. This does not apply to ATM transactions or to transactions using your PIN that are not processed. If you do not notify us promptly and you are grossly negligent or have engaged in fraudulent conduct, you could lose all the money in your account. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way.

2.  For transactions that are not covered by our zero liability policy, if you believe your card has been lost or stolen and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500.    

3.  Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement made available online (or mailed to you), you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

Our Liability.   If we do not complete a transfer to or from your Card on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions and if the failure was not intentional and resulted from a bona fide error, our liability shall be limited to actual damages proved. We will not be liable, for instance:

1.  If, through no fault of ours, you do not have enough money on your Card to make the transfer. 

2. If the automated teller machine where you are making the transfer does not have enough cash.

3.  If the system was not working properly and you knew about the breakdown when you started the transfer.

4.  If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

5.  If funding is delayed or cannot be completed because of insufficient funds existing in the account designated to fund the Card.

6.  For other exceptions allowed by law.

Privacy Policy. We may disclose information to third parties about your account or the transfers you make:

1.  Where it is necessary to service your account, or

2.  In order to verify the existence and condition of your account for a third party, such as a merchant or bank

3.  For security purposes, fraud deterrence, and when necessary to prevent identity theft, or

4.  In order to comply with government agency or court subpoenas and/or orders, or

5.  If you give us your written permission, or in accordance with  Privacy Policy.

Changes: We may change any part of this Agreement at any time. We will give you notice of the change if required by law. Please refer to http://www.zsafe.com/support for the current version.

Applicable Law, Court Proceedings, Damages, Arbitration:  This Agreement is governed by the laws of the State of North Carolina, irrespective of the choice-of-law provisions of any state. Nevertheless, if we are served garnishments, summons, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. You agree that any legal action involving this Card or account must be brought in the County of Johnston, State of North Carolina, within one year of the date the cause of action arose. You and we both waive our right to trial by jury, punitive and exemplary damages, as well as damages in tort, including but not limited to emotional distress, unless caused by a willful and malicious act, which in the case of unauthorized disclosure of private or confidential information must also be defamatory. In the event that any disputed matter cannot be resolved by the parties, then, both parties hereby agree to exclusively submit such disputed matter to binding arbitration in the County of Johnston, State of North Carolina, in accordance with the commercial arbitration rules of the American Arbitration Association.  If any legal action is brought to enforce or interpret this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in such action or proceeding from the other party, in addition to any other relief to which such prevailing party may be entitled.

Severability. The invalidity of any provision of this Agreement shall not affect the validity of other provisions.

Assignment. You may not assign, convey, subcontract, sell or transfer any of your rights or obligations with regard to the  Card.

ERROR RESOLUTION NOTICE
You agree to examine each statement and any Card information mailed or sent to your Internet address to discover any unauthorized entries or errors.  In Case of Errors or Questions About Your Electronic Transfers, go to our website and follow the error resolution procedures.

1.  Contact us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

2.  Tell us your name and the account number.

3.  Describe 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.

4.  Tell us the dollar amount of the suspected error.

5.  If you tell us orally, we require that you send us your complaint or question in writing within 10 business days.

     We will generally tell you the results of our investigation 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 credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

     If an error involves an electronic fund transfer that was initiated outside the territories or possessions of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any subdivision of the above, or involves an electronic fund transfer resulting from a Point-of-Sale (POS) debit card transaction, the time periods for communicating the results of our investigation will be extended to 90 days instead of 45.

     If an error involves an electronic fund transfer that occurred within 30 days after funds are first loaded to the Card, the time periods for communicating the results of our investigation will be extended to 20 business days instead of 10 business days and 90 days instead of 45 days.

     If we decide that there was no error, we will send you a written explanation within three business days after completing our investigation.

     You may ask for copies of the documents that we used in our investigation.

By not accepting these Terms and Conditions, you will not be able to enroll for the Card.

You may withdraw your acceptance and consent at any time, but if you do, we will immediately terminate your  Card and refund any Card balance back to the Funding Account or by sending you a check in the mail.  Your withdrawal and subsequent termination of the Card may incur a cancellation fee that will be assessed to the Card prior to any refund.

By Activating Your Card, you acknowledge and agree that:
1.  You have read and agree to this Cardholder Agreement Terms and Conditions.

2.  You acknowledge the Card Privacy Policy.

3.  You consent to receive disclosures in electronic form in connection with your request for a Card.

4.  You have assured  that my computer and browser are Internet capable and can receive electronic statements and disclosures that  may send to your email address.  At my request, you will provide me with a paper copy of any amendments to our Terms and Conditions or our annual Privacy Policy, but we may charge you a fee.

5.  All individual records of transactions, history and entries will only be made available electronically and sent to your email address.  You must request paper statements, if you so desire, and understand there is an extra charge / fee to receive paper statements.

6.  You understand that any legal actions, by you or us, must be submitted to binding legal arbitration within the County of Johnston, State of North Carolina as described in the Applicable Law, Court Proceedings, Damages, Arbitration section of this Agreement. 

7.  This Card is NOT a credit card and usage will not enhance or improve your credit rating.

8.  You voluntarily acquired this card and neither your employer nor we can be held liable or responsible for any charges you will incur with regard to having your payroll deposited to the card nor any charges or fees associated with that direct deposit or for card usage fees with regard to receiving your payroll funds.