PayAware Mastercard Charge Card Cardmember Agreement

UC Distribution LLC DBA: PayAware
102 Pearl St. Herndon VA, 20170
1-888-335-2925
[email protected]
https://payaware.adaware.com

This document describes the terms and conditions of use for the Virtual PayAware Mastercard Charge Card and is referred to as this Agreement or Card Agreement throughout this document. Please read and keep these documents for your records. This Agreement is binding on you unless you cancel your Charge Card Account within 30 days after receiving the Charge Card and you have not used or authorized use of your Charge Card Account. This Agreement incorporates by reference your Fee Schedule, any change in terms that may occur from time to time, and any other documents that we provide to you regarding the terms and conditions applicable to your Charge Card and Charge Card Account. This Agreement includes an arbitration provision governing disputes. Please review that provision in Section 33 carefully.
Section 1
Definitions

To simplify this Agreement for you, the following definitions will apply.

The words you, your, and yours mean all persons responsible for complying with this Agreement, including the person who applied to open the Account and the person to whom we address billing statements.

The words Account and Charge Card Account means your Account with us for your Charge Card, established pursuant to this Agreement. Your Account includes all information you provide to us, including your Client Account information, as well as all Services and the Virtual PayAware Mastercard Charge Cards which we provide to you and authorize you to use from time to time pursuant to this Agreement.

The word Charge Card means one or more Charge Cards or virtual Charge Cards that we have issued to permit you to conduct transactions anywhere MasterCard is accepted.

The words we, us, and our mean Community Federal Savings Bank and its successors and assigns, the issuer of your Charge Card Account.

The words authorized user mean any person to whom you give permission to use your Account.

The word Client Account means your credit card, debit card, or prepaid card previously issued to you by your Issuing Institution or your bank account information, in each case which you have authorized us to charge when you use the Services as defined below, the particulars of which you have provided to us as part of the Account opening process. Your Client Account will include any other account or payment device that we authorize you to use under this Agreement from time to time and that you choose to use.

The word Issuing Institution means the financial institution which has issued to you the Client Account.

The word Services means and includes (A) the right to use our Virtual PayAware Mastercard Charge Card(s) for purchases as provided for by this Agreement, and (B) the limited license set out in this Agreement to use any application program interface and software and software extensions we may provide from time to time as part of the functionality of the secure payment and anonymity software and funds-flow systems solutions marketed under the PayAware™ brand and trade-marks.

The term Virtual PayAware Mastercard Charge Card or Charge Card means each sixteen (16)-digit Virtual PayAware Mastercard Charge Card issued to you by us under this Agreement, together with the expiry date and/or the CVC2 code.

Business day means every day other than Saturday, Sunday or a federal holiday.

Section 2
How the Virtual PayAware Mastercard Charge Card Works

By signing up for the Virtual PayAware Mastercard Charge Card, you are signing up for a charge card account. That means that, unlike some credit cards, you must pay the balance in full when you are billed. At the time you register for your Charge Card, you must also designate a Client Account that will be used to financially support the transactions made on your Virtual PayAware Mastercard Charge Card each billing cycle. The billing cycle is one day; this means your Client Account will be charged each day that you make a purchase or other transaction with your Account. The amount charged to your Client Account will be the same as the amount you have charged with your Charge Card, plus any of our applicable fees. Once you sign up for an Account, you can generate multiple reusable and single use virtual Charge Cards. Each time you make a purchase, we will check the balance or credit availability on your Client Account to ensure you have sufficient funds to pay off your Charge Card Account. On the business day after your purchase, we will attempt to settle the balance on your Virtual PayAware Mastercard Charge Card with your Client Account. You will be notified of your purchases each day via email on your billing statement or by accessing your online PayAware Account. If we are unable to verify the available funds or credit availability on your Client Account, your transaction with your Charge Card will be declined.

Section 3
U.S.A. Patriot Act Notice

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 a Charge Card Account. What this means for you: When you open a Charge Card Account, we will ask for your name, address, date of birth, Social Security or Tax ID Number and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

By participating in the Charge Card program, you represent that the information and statements you provide to us are accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you fail to provide accurate information that we request, we may cancel your Charge Card Account. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially state or federal investigation. We reserve the right to restrict or delay your access to any such funds

Section 4
Using Your Charge Card Account and Your Spending Limit

You are fully responsible for complying with all the terms of this Agreement, including the obligation to pay us for all balances due on your Account as specified in this Agreement. Your Account must only be used for lawful transactions and may not be used to purchase goods or services for resale.

Your Charge Card can be used to buy or lease goods or services wherever the Charge Card is honored, or to make bill payments if you authorize a creditor or merchant to charge your Charge Card for such bills. (See “Making Bill Payments,” below.)

Your Charge Card Account has a spending limit, which is the amount that may be charged to your Account and that will appear on your billing statement as the “Spending Limit.” Your “Available Spending Limit” is the amount of your Spending Limit minus any charges to your Account, regardless of when those charges were made (including earlier in the same day on which you are using your Charge Card). The full amount of your Available Spending Limit is available to use where the Charge Card is honored. For example, if your Spending Limit is $2000 per day, and you have earlier charged transactions totaling $1500, your Available Spending Limit for any additional transactions in that day would be $500. Subject to applicable law, we may reduce your Spending Limit at any time. Transactions may be declined if we determine that your Client Account will not be able to be charged to pay off the balance of your Account.

Your Charge Card Account may not be used to obtain cash. Your Charge Card can only be used for personal, family or household purchases, and may not be used for business-purpose transactions.

Section 5
How Your Charge Card and Client Account Are Charged

When you use your Charge Card for a purchase or to pay a bill, we first confirm that your Client Account has sufficient available funds or credit to pay the Charge Card transaction and any of our fees. After we have made this confirmation, we will authorize your Charge Card transaction and we will then automatically charge your Client Account for the amount of the transaction and related fees. By accepting and using your Charge Card, you authorize us to make these charges to your Client Account. If we are unable to charge your Client Account for a payment, your purchase transaction using your Charge Card will be declined. If a transaction charged to your Client Account is later declined or rejected by the Issuing Institution, we will suspend your use of your Charge Card Account until the issue is resolved. We will not send any past due or delinquency amounts to a collection agency or attorney for collection.

Section 6
Billing Statement

Your billing statement will be provided to you each day on which you have used your Charge Card for a transaction. We also will provide a billing statement to you if your Account has a debit or credit balance of more than $1.00 or if a Foreign Transaction Fee has been charged on that day. If none of the foregoing apply on any day, we generally will not provide a new billing statement to you for that day.

Your billing statements will be sent to the email address you provide when enrolling for your Account. You may view those billing statements at any time by logging into your Account. Your billing statement will show the “Account Balance” at the beginning of the day, the “Total Due” and the “Payment Due Date.” It also shows your current Spending Limit, an itemized list of current charges, payments and credits, and other important information. You will not be charged interest on your Account and will not be charged any fees except as disclosed in the Schedule of Fees.

You must notify us of a change in your email address and/or your physical address by contacting Customer Service by logging into your Account, by telephone or mail. We will deliver the billing statement to only one email address. If our emails to you bounce back or are rejected by the email server, we will immediately suspend your Charge Card Account.

Section 7
Additional Charge Cards

You may request additional Charge Cards on your Charge Card Account for yourself but not for others, and you may not permit another person to have access to the Charge Card or Charge Card Account number. However, if you do authorize another person to use your Charge Card Account, you will be responsible for all charges that such person makes on your Account, even if that person exceeds the authority that you granted to that person, or if you did not anticipate or specifically approve of such charges, and even if you did not receive any personal benefit from those charges. You must pay us for all charges made by those persons you authorize to use your Charge Card, including, without limit, charges for which you may not have intended to be responsible. You are responsible for the use of each Charge Card issued on your Charge Card Account according to the terms of this Agreement. For avoidance of doubt, in the event you authorize another person to use your Charge Card Account, in addition to the other rights and remedies hereunder, we may terminate your Charge Card Account for breach of this Agreement.

Section 8
Disclosure for Active Duty Members of the Military and their Dependents

Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). We charge no interest on the Charge Card Account. To hear these disclosures over the telephone, call the following toll-free number 1-888-335-2925.

Section 9
Illegal Transactions

You understand that you and any persons you authorize to use your Charge Card are not allowed to use the Charge Card or Account to make, and you agree that you will not make and you will prevent other persons from making, any transactions that are illegal under any state or federal law, including without limit illegal gambling activity. You understand and agree that we may decline any transactions that we reasonably believe to be illegal under any state or federal law. Display of the MasterCard logo at a particular merchant does not mean that the transactions that may be done with that merchant are lawful in all cases or in all jurisdictions. You understand that, in the event we do not decline a transaction that is illegal, you are responsible for repaying us the amount of such transaction plus any applicable Foreign Transaction Fee.

Section 10
Making Bill Payments

You may arrange to pay your bills with your Charge Card by contacting and agreeing with the person you want to pay. You may arrange one-time bill payments or recurring payments if the person you want to pay agrees. Those bill payments will be treated by us the same as any purchase made using your Charge Card. However, your arrangement to make bill payments is between you and the person you want to pay. We will not accept any request by you to schedule any one-time or automatic, recurring bill payments. If you have scheduled a one-time or automatic recurring bill payment with any merchant or other person, you must contact that person to cancel any such payment.

Section 11
Automatic Billing Updater Service

We participate in the Mastercard® Automatic Billing Updater (ABU) service. When your Charge Card number or expiration date is updated, or your Account is closed due to fraud, we will provide the updated card information to merchants who participate in ABU with whom you have automatic billing arrangements (such as telephone, cable companies, insurance and health clubs). Since not all merchants participate in ABU, you should notify each merchant with whom you have automatic billing arrangements of the updated card information to ensure your payments are not interrupted. If you do not want us to provide your card updates through ABU, please call the Customer Service number shown on your billing statement. We generally will provide you notice when we close you or Account or cancel any Charge Cards, but we may take those actions before notifying you if we believe in our discretion that any advance notice could increase the risks of loss to us or you.

Section 12
How We Determine the Balance

The total outstanding balance (the amount you owe us) appears as the “New Balance” on the billing statement that we email to you or as seen in your online PayAware Account. To determine the New Balance, we begin with the outstanding balance on your Charge Card Account at the beginning of each day (the billing period), called the “Previous Balance” on the billing statement. We add any purchases and subtract any credits or payments credited as of that billing period. No interest charges will be added to your balance. Fees will be added to your balance if provided for in our Schedule of Fees.

Section 13
Credit Balance

It is possible for a credit balance to be created on your Charge Card Account. This could happen, for example, if you receive a credit from a merchant (such as for a returned purchase). We will pay that credit balance to your Client Account.

Section 14
Payments

Each billing cycle, which is each day, you must pay the Total Due that is shown on your billing statement that we email to you or as seen in your online PayAware Account. This payment will be made by us charging your Client Account automatically, which you have authorized by accepting this Agreement and using your Charge Card.

The Total Due will be charged to your Client Account at the end of each billing cycle. Because your billing cycle is one (1) day, your transactions made with your Charge Card will be charged to your Client Account within one day of the Charge Card transaction. The entire New Balance will be charged to your Client Account. If you make multiple purchases in a billing cycle, we may charge your Client Account once for all purchase transactions or may charge your Client Account for each individual purchase transaction.

You agree to pay us each day by authorizing us to automatically charge your Client Account. If for any reason, you are unable to pay the Total Due by us charging your Client Accounts, we may accept payment in U.S. dollars drawn on funds on deposit in the United States using another payment card or bank account draft. We also reserve the right to accept payments made in foreign currency and instruments drawn on funds on deposit outside the United States. If we do, we will select the effective currency conversion rate at our discretion and credit your Charge Card Account in U.S. dollars after deducting any fees or costs incurred in connection with processing your payment. If such fees or costs are not fully deducted at the time your Charge Card Account is credited for a payment, we will bill you separately for them.

Section 15
Foreign Transactions

For each purchase made in a foreign currency using your Charge Card, we add to your Charge Card Account an additional Foreign Transaction Fee in the amount provided in our Schedule of Fees. This Foreign Transaction Fee will be added to your Charge Card Account on the same day that the related purchase transaction charge is added and is due as part of your minimum payment for that daily billing cycle.

Any purchase you make in a foreign currency will be charged to your Charge Card Account in U.S. dollars after being converted by Mastercard®. Mastercard will act in accordance with its procedures then in effect. Mastercard uses a Mastercard conversion rate in effect on the day the purchase transaction is processed. The Mastercard conversion rate is either a government-mandated rate or a wholesale market rate. The foreign currency conversion rate in effect on the processing date for a transaction may differ from the rate in effect on the sale or posting date on your billing statement for that transaction. If a transaction is converted by a third party prior to that transaction being processed by Mastercard, the foreign currency conversion rate for that transaction will be the rate selected by that third party.

Section 16
Fees and Schedule of Fees

>We will not charge any fees on your Charge Card Account or Charge Card transactions except as provided in the Schedule of Fees. We may amend the Schedule of Fees to add or subtract fees or change their amounts at any time. If we amend the Schedule of Fees, we will notify you if and when required by law. The Schedule of Fees applicable when you open your Charge Card Account will be provided to you at that time, and the current Schedule of Fees at any time may be reviewed at https://payaware.adaware.com.

No Late Fees

You will not be charged late fees on your Charge Card Account

No Returned Payment Fees

You will not be charged a fee by us when a payment by your Client Account is not honored, when we must return it because it cannot be processed, or when an automatic debit such as a bill payment is returned unpaid. The financial institution that issued your Client Account may impose a fee in these situations. Please review your agreement with that financial institution.

Annual Membership Fee

There is no annual membership fee to use the Charge Card or Charge Card Account.

Section 17
Default

You default under this Agreement if (1) you fail to pay, by its due date, the Total Due listed on each billing statement for your Charge Card; (2) your Client Account is not honored or our attempt to charge your Client Account could not processed; or (3) an attempted pay by automatic charge to your Charge Card is dishonored or returned (individually and collectively, a “Default”). If you Default, we may, subject to applicable law, close your Charge Card Account and demand immediate payment of the total balance.

For residents of New Hampshire:

Reasonable attorneys’ fees will be rewarded to you if you prevail in any action or suit brought by us. Also, if you successfully assert a partial defense or counterclaim to an action brought by us, the court may withhold from us the entire amount or such portion of the attorneys’ fees as the court considers equitable.

Section 18
Preauthorized Charges

If you Default, if the Charge Card is lost or stolen, or we change your Charge Card Account or Charge Card Account number for any reason, we may suspend automatic charges on the Charge Card Account to third party vendors for insurance premiums or other goods or services. If preauthorized charges are suspended, you must contact the third-party vendor to reinstate them. You are responsible for making direct payment for such charges until you reinstate automatic charges.

Section 19
Recurring Transactions

If you intend to use your Charge Card for recurring transactions, you should monitor your balance or available credit in your Client Account and ensure you have funds available in your Client Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Charge Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance or credit limit in your Client Account to cover the recurring transaction.

Section 20
No Collection Costs

We will not refer collection of your account to a lawyer or collection agency and thus there will not be any collection costs that you must pay us.

Section 21
Credit Reporting

We will not report any information about your Charge Card Account to credit bureaus. We will not check your credit before you open an account or while we open your Charge Card Account.

Section 22
Consent to Telephone Calls, Text Messages and Monitoring

You authorize us (which includes, for the purposes of this paragraph, our agents and representatives) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, email and text messaging systems in order to provide you with information regarding your account, including information about missed payments, the suspected misuse of your card, or general servicing items. You authorize us to make such contacts using any telephone numbers (including wireless, landline and Voice Over Internet Protocol numbers) you have supplied or will supply to us in connection with your account or any other account you may have or will establish with us. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you, and you agree that we will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call or text message, you may incur a charge from the company that provides you with telecommunications, wireless and/or data services, and you agree that we will have no liability for such charges. You expressly authorize us to monitor and record your calls with us. You agree that you are the owner and/or primary user of any telephone number or email address you provide to us and that you will notify us if this is no longer true as to any such telephone number or email address.

Section 23
Closing Your Charge Card Account

You may cancel any Charge Card or close your Charge Card Account at any time by calling us at the number provided for Billing Inquiries and Correspondence listed on your Charge Card billing statement. However, you remain responsible to pay the total balance according to the terms of this Agreement. We may close your Charge Card Account or suspend your Charge Card Account privileges at any time for any reason not prohibited by applicable law without prior notice. We may also reissue a different Charge Card or Account number at any time. You must return your Charge Cards to us upon request and stop using any Charge Cards you may have obtained from us.

Section 24
Refusal of the Charge Card

We are not responsible if a transaction on your Charge Card is not approved, either by us or by a third party, even if you have a sufficient Available Spending Limit. If we detect unusual or suspicious activity on your Account, we may suspend your Charge Card spending privileges until we can verify the activity. If we suspect fraud or misuse of your Charge Card Account, we may decline any purchase transactions until such time we complete our investigation to our sole satisfaction. Under no circumstances, will you be able to exceed daily limits set for your Charge Card. Your access to the full amount of these limits may be limited at our sole discretion. These limits are below. We will approve a transaction on your Charge Card Account only if it is 1) below the daily limit set below and 2) we are able to verify that your Client Account has the funds available to pay off your Total Balance at the end of the billing cycle.

  • Maximum Daily Purchase Amount - $5,000

We also may impose additional limits on your Charge Card transactions at any time in our discretion, without or without notice to you except as such notice is required by law. For example, we may limit the number or dollar amount of transactions that may be approved in one day, or the dollar amount of any individual transaction. We may take these actions for any legal reason.

Section 25
Changing this Agreement

We may change the rates, fees, and terms of this Agreement from time to time as permitted by law. Changing terms includes adding, replacing, or deleting provisions of this Agreement. These changes are binding on you. We will give you advance written notice of the changes and a right to opt out if and to the extent required by law or as we otherwise decide.

Section 26
Enforcing this Agreement

We can delay in enforcing or fail to enforce any of our rights under this Agreement without losing them.

Section 27
Assignment

We may assign any or all of our rights and obligations under this Agreement to a third party.

Section 28
Applicable Law

The terms and enforcement of this Agreement shall be governed by applicable federal law and, to the extent not preempted by federal law, the law of New York State, where we are located. This Agreement and your Charge Card Account are governed by, to the extent that state law applies, the law of New York without regard to its conflict of law principles. Further, this Agreement is made in New York and credit is extended to you from New York, regardless of where you live or use your Charge Card Account. For Maryland residents only, to the extent federal law and the laws of the State of New York do not apply, this Agreement is governed by Title 12, Subtitle 9 of the Maryland Commercial Law Article.

New Jersey Residents

Because certain provisions of this Agreement are subject to governing law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions is void, unenforceable or inapplicable within New Jersey.

Section 29
Delivery of Electronic Communications

If you have consented to receiving Communications (as defined below) in electronic form, the following E-Communication Disclosure (“Disclosure”) applies to all such Communications. For purposes of this Disclosure, “Communications” means any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Charge Card Account or Charge Card and any related products and Services.

Scope of Communications to Be Provided in Electronic Form

When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. The “Communications” covered by your consent include, but is not limited to:

  • Your Account opening disclosures
  • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
  • Your billing statement and notification of the availability of a new billing statement
  • All legal and regulatory disclosures and communications associated with your Charge Card Account and any related products or services
  • Privacy policies and notices
  • Error resolution policies, notices and related communications
  • Responses to claims filed in connection with your Charge Card Account
  • Notices regarding unpaid balances
Method of Providing Communications to You in Electronic Form

All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications at https://payaware.adaware.com

How to Withdraw Consent

You may withdraw your consent to receive Communications in electronic form at any time by calling, writing or emailing customer service. If you do withdraw your consent, we will close your Charge Card Account and all Charge Cards, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

How to Update Your Records

It is your responsibility to provide us with your true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Charge Card Account and Charge Card, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through the customer service website or by calling customer service.

Hardware and Software Requirements.

To access, view, and retain Communications that we make available to you electronically, you must have:

  • An Internet browser
  • Sufficient electronic storage capacity on your computer's hard drive, phone, tablet or other data storage unit
  • An e-mail account with an Internet service provider and e-mail software
  • A personal computer, phone, or tablet.
  • The latest version of Adobe Reader
Requesting Paper Copies

We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, email, call or write customer service. When you provided your consent to receive Communications electronically, you also agreed that all Communications sent to you, whether electronically or in paper form, are deemed to be “in writing” for all legal purposes.

Section 30
In Case of Errors or Questions about Charge Card Transactions on Your Client Account

This section of this Agreement applies to you only if your Client Account is a debit card or deposit account and (1) the statement or receipt for your Client Account appears to be wrong as a result of a transaction relating to your Charge Card Account or (2) you need more information about a transfer relating to your Charge Card Account listed on your Client Account statement.

Telephone us at 888-335-2925 as soon as you can if you think your statement for your Client Account is wrong or if you need more information about a Charge Card transfer listed on the statement. We must hear from you no later than 60 days after the earlier of the date you (a) receive your Client Account statement on which the error or problem appeared, (b) you electronically access your Client Account statement on which the error or problem appeared, or (c) the date your financial institution sent you the FIRST written history notification for your Client Account on which the error or problem appeared. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

You will need to: (1) tell us your name and Client Account number; (2) 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; (3) tell us the dollar amount of the suspected error; and (4) tell us approximately when the error took place.

If you tell us orally, we will require that you send 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 Client Account by refunding the transaction 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 to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide the dispute form signed within 10 business days, we may not credit your Client Account.

By signing the dispute form, you will give us permission to charge your Client Account again if we determine that your Client Account was properly charged and for the correct amount. For errors involving point-of-sale transactions or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question.

We will tell you the results within three business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and charge your Client Account for the amount of any provisional credit provided to you. 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 number provided for Billing Inquiries and Correspondence listed on your Charge Card billing statement.

This section of this Agreement is intended to provide you with an easy way to raise errors or questions regarding Charge Card transactions that appear on or in your Client Account (if it is a debit card or deposit account), so that we may correct any errors promptly. You have additional rights regarding errors or questions relating to your debit card and deposit account, which are provided by the financial institution that holds your account. You should refer to your account agreement or periodic statement for information on those rights, and you may contact your financial institution for further information.

Section 31
Lost or Stolen Charge Cards or Charge Card Account Numbers

If any Charge Card Account numbers are lost or stolen, or if you think someone used or may use them without your permission, notify us at once by calling the Customer Service telephone number shown on the billing statement or 888-335-2925. We may require you to provide certain information in writing to help us find out what happened, and to comply with such procedures as we may require in connection with our investigation. Do not use the Charge Card or the Charge Card Account number after we have been notified. Under MasterCard rules, you won’t be liable for unauthorized purchases if you exercised reasonable care in safeguarding your Charge Card Account from the risk of loss or theft and upon becoming aware of loss or theft, you promptly report the loss or theft to us. You must identify for us the charges on the billing statement that were not made by you, or someone authorized by you, and from which you received no benefit. See YOUR BILLING RIGHTS, below for more information on your rights and liabilities when the MasterCard protections do not apply to limit your liability for unauthorized Charge Card transactions.

Section 32
Your Billing Rights

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find a Mistake On Your Statement

If you think there is an error on your Charge Card statement, contact us through your account, call us at 1-888-335-2925 or write to us at the address for Billing Inquiries and Correspondence shown on your billing statement.

In your correspondence, give us the following information:

  • Account information: Your name and the email address associated with your Charge Card Account.
  • Dollar amount: The dollar amount of the suspected error.
  • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

You must contact us:

  • Within 60 days after the error appeared on your daily statement.
  • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. (You also may stop payments by logging into your online PayAware Account and following the prompts.)

You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

  • Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
  • Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

While we investigate whether there has been an error:

  • We cannot try to collect the amount in question or report you as delinquent on that amount.
  • The charge in question may remain on your statement. Since we do not charge your interest, no interest will be charged on that transaction.
  • We cannot try to collect the amount in question or report you as delinquent on that amount.
  • The charge in question may remain on your statement. Since we do not charge your interest, no interest will be charged on that transaction.

After we finish our investigation, one of two things will happen:

  1. If we made a mistake: You will not have to pay the amount in question, or any interest or other fees related to that amount. (We never charge interest on your Charge Card Account.)
  2. If we do not believe there was a mistake: You will have to pay the amount in question, and we will charge your Client Account. We will send you a statement of the amount you owe, and the payment will be due at the close of the one-day billing cycle.

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.

If we do not follow all the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Charge Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your Charge Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all the following must be true:

  1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
  2. You must have used your Charge Card for the purchase.

If all the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for Billing Inquiries and Correspondence shown on your billing statement.

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount, we will charge your Client Account.

Section 33
ARBITRATION

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

Agreement to Arbitrate

Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called “Claims”).

Claims Covered
  • What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non- class, non-representative) basis.
  • Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy.
  • What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration.
  • Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”).
  • What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non- representative) Claim.
How Arbitration Works
  • How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:

    American Arbitration Association
    800-778-7879 (toll free) Website: www.adr.org
    JAMS
    800-352-5267 (toll free) Website: www.jamsadr.com

  • At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.
  • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.
  • Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
  • Who can be a party?Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person.
Survival and Severability of Terms

This arbitration provision shall survive: (i) termination or changes in the Agreement, the account, or the relationship between you and us concerning the account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your account, or any amounts owed on your account, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force.

No portion of this arbitration provision may be amended, severed, or waived absent a written agreement between you and us.

FEE SCHEDULE
Type Cost Details

Foreign Transaction Fee

2%

When making a purchase outside the United States Your Client Account will be charged an additional 2% above the purchase price as a Foreign Transaction Fee.

Annual Fee

0%

Late Fee

0%

Returned Payment Fee

0%