Pathward, N.A. Prepaid MasterCard^® Cardholder Agreement

 

PLEASE READ CAREFULLY.  THIS AREEMENT CONTAINS AN ARBITRATION PROVISION (“DISPUTE CLAUSE” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

Last Updated: 10/08/2018 (“Effective Date”). Any subsequent changes to this Pathward, N.A. Prepaid MasterCard Cardholder Agreement will be dated and can be found and read in the Pathward, N.A. Prepaid MasterCard Cardholder Agreement on the Website.

CUSTOMER SERVICE CONTACT INFORMATION:

3400 N Ashton Blvd, Lehi, UT 84043 (Address)

1-800-365-7816 (Phone Number)

 

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the Pathward, N.A. Prepaid MasterCard Card (the "Card") has been issued to you.  In this Agreement, "you" and "your" mean the consultant, or other authorized user, who has received the Card and is authorized to use the Card as provided for in this Agreement.  "We," "us," and "our" mean Pathward, N.A., our successors, affiliates or assignees and service providers.  “ProPay Affiliate” means the company with whom you may be engaged as an independent contractor to sell the company’s products.  “ProPay Account" means the account established at Wells Fargo Bank, N.A., a national banking association, pursuant to the Payment Services Agreement between you, ProPay, and Wells Fargo Bank for the purposes of funding transactions that you make using the Card.  Any closure of the ProPay Account or termination of the Payment Services Agreement will result in closure of the Card.  The Card will remain the property of Pathward, N.A. 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.  Please read this Agreement carefully and keep it for future reference.

 

1.     FEES

You authorize us to deduct the following fees automatically, as they accrue, directly from the balance in your ProPay Account for the use of your Card.

Fee Category	Fee Type	Account History	Amount
Initial and Monthly Fees	Initial Fee		up to $39.95**
	Annual Fee	(PP to PP Transaction)	up to $39.95**
Get Cash	ATM Fee	PPMC ATM Fee	$2.50
	International ATM Fee	Foreign PPMC ATM Fee	$3.50
	Cashback Fee	PPMC Fee for getting cashback during a card transaction.	$2.00
Account Information	ATM Inquiry Fee	PPMC Balance Inquiry Fee	$1.00
Other Services	Card Replacement Fee	Card Replacement Fee /Lost PPMC Fee	$4.95
	Card Rush Delivery Fee	Invoiced manually and will show as a payment to ProPay	$49.95

*Third-party fees may apply

Questions? Please call 1.866.573.0951 or visit www.propay.com

** The mentioned fee is tentative. Please login or signup to see the exact amount.

ATM Fees:  When you use an ATM, a fee may be charged by the ATM operator or any network used to complete the transaction (and a fee may be charged for a balance inquiry even if you do not complete a fund transfer).

Foreign Transaction Fee: If you obtain your funds in a currency or country other than the currency or country in which your Card was issued ("Foreign Transaction"), you will be charged a $3.50 International ATM Fee. The card association may consider transactions occurring in U.S. territories to be Foreign Transactions, so transactions originating from these locations may be subject to a Foreign Transaction Fee.

Currency Conversion:  If you make a Foreign Transaction, the amount deducted from your funds will be converted by the network or card association that processes the transaction into an amount in the currency of your Card.  MasterCard International Inc. and Visa U.S.A. Inc. currently use a conversion rate that is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date.  The conversion rate selected by the network is independent of the Foreign Transaction Fee that we charge as compensation for our services. 

2.     ABOUT THE CARD

The Card is a prepaid card; there are no funds on the Card itself.  The Card allows you to access funds in your ProPay Account.  You should treat the Card with the same care as you would treat cash.  The Card does not constitute a checking or savings account and is not connected in any way to any other account you may have.  The Card is not a gift card, nor is it intended to be used for gifting purposes.  The Card is not a credit card.  We may close your Card or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. 

3.     GETTING STARTED

Important information for opening a card:  To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card. 

What this means for you:  When you open a Card, we will ask for your name, street address, date of birth, 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 documents at any time.  We may limit your ability to use your Card or certain Card features until we have been able to successfully verify your identity.

Eligibility and Activation:  To be eligible to use and activate this Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you have read this Agreement and agree to be bound by and comply with its terms.

4.     USING YOUR CARD

a.     Funds Accessible with the Card

You must have funds available in your ProPay Account to use the Card.  You do not have the ability to directly load funds to your Card.  However, the Card will automatically access the funds held in your ProPay Account.  Please refer to the terms of your ProPay Account for the available options for depositing additional funds to your ProPay Account.

b.     Accessing Funds and Limitations

Each time your use the Card 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) or PULSE brand mark, you authorize us to access your ProPay Account for the amount of the transaction and applicable fees.  Transaction limitations may apply as described in this Agreement.

The Card cannot be redeemed for cash.  You may not use the Card for any illegal transactions.  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. 

You may use the Card for the following types of transactions:

(i)     Automatic Recurring Payments.  You may arrange for certain types of recurring payments to be made automatically 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 Debit MasterCard cards or cards accessible through the PULSE network.

 

(ii)   ATM and Financial Institution Transactions.  You may use your Card to obtain cash at participating ATMs and financial institutions that accept Debit MasterCard cards or that display the MasterCard brand mark (or the Cirrus® brand mark to the extent that it is still in use) or PULSE brand mark. 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.

(iii)  Point-of-Sale Transactions.  You may use your Card to make purchases at participating locations that accept Debit MasterCard cards or cards accessible through the PULSE network. You may select "Credit," or "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 or PULSE networks.   

 

c.     Personal Identification Number (“PIN”)

You will establish your Personal Identification Number ("PIN") by telephone or on the ProPay website at the time you activate your Card. You will have to provide the PIN whenever you use the Card for ATM cash withdrawals or PIN based POS transactions. 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 or a PIN based POS transaction, 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 below.

d.     Obtaining Card Transaction Information

You may obtain a 60-day history of account transactions by visiting www.propay.com and logging into your account.  You also have the right to obtain a sixty (60) day written history of Card transactions by calling or writing Customer Service.

e.     Authorized Users

You may not permit another person to have access to your Card or Card number.     You are wholly responsible for the use of each Card according to the terms of this Agreement subject to the section labeled “Lost or Stolen Cards; Unauthorized Transactions” below, and other applicable law.

f.      Authorization Holds

You do not have the right to stop payment on any purchase transaction originated by use of your Card, except as otherwise provided herein.  With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses.  Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase.  Once the final payment amount is received, the preauthorization amount on hold will be removed.  During this time, you will not have access to preauthorized amounts.  If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

g.     Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant.  If the merchant credits the Card, the credit will be applied back to your ProPay Account and may not be immediately available.  While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. 

h.     Receipts

You may wish to retain receipts as a record of transactions.  Receipts will be required if you need to verify a transaction.

i.      Split Transactions

If you do not have enough funds available in your ProPay Account, you may be able to instruct the merchant to charge a part of the purchase to your Card and pay the remaining amount with another form of payment.  These are called “split transactions.”  Some merchants do not allow cardholders to conduct split transactions.  Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself.

5.     CARD REPLACEMENT AND EXPIRATION

If you need to replace your plastic Card for any reason, please contact Customer Service. Card replacement fees may apply.  Please note that your plastic card has a “Valid Thru” date on the front. You may not use the card after the “Valid Thru” date on the front of your Card.  You will not be charged a fee for replacement cards that we send due to expiration of the Card.

6.     BUSINESS DAYS

For purposes of these disclosures, our business days are Monday through Friday, excluding holidays.

7.     LOST OR STOLEN CARDS; UNAUTHORIZED TRANSACTIONS.

a.     Contact Customer Service Immediately

If you believe your Card or PIN has been lost or stolen, contact Customer Service.  You should also call or write to Customer Service if you believe a transfer has been made using the information from your Card or PIN without your permission.

b.     Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that a card transaction has been made without your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your ProPay Account.  If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission.  If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.  Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.

c.     In case of errors or questions about your Electronic Transfers

Contact Customer Service as soon as you can if you think an error has occurred.  We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared.  You may request a written history of your transactions at any time by contacting Customer Service.  You will need to tell us:

(1)   Your name and Card number;

(2)   A description of the error or the transaction you are unsure about;

(3)   An explanation of why you believe it is an error or why you need more information; and

(4)   The dollar amount of the suspected error. 

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.  We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.  For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question.  For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.  We will tell you the results within three business days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.  You may ask for copies of the documents we used in our investigation.  If you have any further questions regarding our error resolution procedures, please contact Customer Service.

8.     CONFIDENTIALITY 

We may disclose information to third parties about your Card or the transactions you make: 

Where it is necessary for completing transactions;  

In order to verify the existence and condition of your Card for a third party, such as merchant;

 In order to comply with government agency or court orders, or other legal reporting requirements; 

If you give us your written permission; or

 To our employees, auditors, affiliates, service providers, or attorneys as needed.  

 

9.     OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not complete a transaction with your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us.  However, there are some exceptions.  We will not be liable, for instance:

(1)   If, through no fault of ours, you do not have enough funds available in your ProPay Account to complete the transaction;

(2)   If a merchant refuses to accept your Card;

(3)   If an ATM where you are making a cash withdrawal does not have enough cash;

(4)   If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you initiated the transaction; 

(5)   If access to your Card has been blocked after you reported your Card or PIN lost or stolen; 

(6)   If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;

(7)   If we have reason to believe the requested transaction is unauthorized;

(8)   If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;

(9)   Any other exception stated in our Agreement with you.

 

10.     CHANGE OF ADDRESS

You are responsible for notifying us immediately upon any change to your address.  If your address changes to a non-US address, we may cancel your Card and return funds to you in accordance with this Agreement. 

 

11.   OTHER TERMS

Your Card and your obligations under this Agreement may not be assigned.  We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules of any association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time.  We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice)  If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law.  Should your Card have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency.

 

12.   AMENDMENT AND CANCELLATION

You will be notified of any change in the manner required by applicable law prior to the effective date of the change.  However, if the change is made for security purposes, we can implement such change without prior notice. You may close your Card at any time by contacting Customer Service or deactivate your card by visiting www.propay.com, logging into your account, and marking your card lost or stolen..  Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.  

 

13.   TELEPHONE MONITORING/RECORDING

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.

 

14.   ENGLISH LANGUAGE CONTROLS

      Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning.  The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

 

15.   WAIVER OF RIGHT TO TRIAL BY JURY

YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES.  TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT.  THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.

 

16.   DISPUTE CLAUSE

We have put this Dispute Clause in question and answer form to make it easier to follow. However, this Dispute Clause is part of this Agreement and is legally binding.

Question	Short Answer	Further Detail
What is arbitration?	An alternative to court	In arbitration, a third party arbitrator ("Arbitrator") solves Disputes in an informal hearing.
Is it different from court and jury trials?	Yes	The hearing is private. There is no jurty. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.
Can you opt-out of this Dispute Clause?	Yes, within 60 days	If you do not want this Dispute Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Card. You must send the notice in writing (and not electronically) to our Address, Attn: General Counsel. Provide your name, address and Card number. State that you "opt out" of the dispute clause.
What is this Dispute Clause about?	The parties' agreement to arbitrate Disputes	Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any "Dispute as defined below.
Who does the Dispute Clause cover?	You, us and certain "Related Parties"	This Dispute Clause governs you and us. It also covers certain "Related Parties": (1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us.
What Diputes does the Dispute Clause cover?	All Disputes (except certain Disputes about this Dispute Clause)	This Dispute Clause governs all "Disputes" that would usually be decided in court and are between us (or any Related Party) and you. In this Dispute Clause, the word "Disputes" has the broadest reasonable meaning. It includes all claims even indirectly related to your Card or this Agreement. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage or scope of this dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to decide.
Who handles the arbitration?	Usually AAA or JAMS	Arbitrations are conducted under this Dispute Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Dispute Clause do not apply. The arbitration administrator will be either: ·   The American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org. ·   JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org  ·   Any other company picked by agreement of the parties. If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Dispute Clause. The arbitrator will be selected under the administrator's rules. However, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree.
Can Disputes be litigated?	Sometimes	Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court.  However, we may demand arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis.
Are you giving up any rights?	Yes	For Disputes subject to this Dispute Clause, you give up your right to: 1.   Have juries decide Disputes. 2.   Have courts, other than small-claims courts, decide Disputes. 3.   Serve as a private attorney general or in a representative capacity. 4.   Join a Dispute you have with a dispute by other consumers. 5.   Bring or be a class member in a class action or class arbitration. We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.
Can you or another consumer start a class arbitration?	No	The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Dispute Clause must be decided in an individual arbitration or an individual small-claims action. This Dispute Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.
What Law applies?	The Federal Arbitration Act ("FAA")	This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this Dispute Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.
Will anything I do make this Dispute Clause ineffective?	No	This Dispute Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.
Process.
What must a party do before starting a lawsuit or arbitration?	Send a written Dispute notice and work to resolve the Dispute	Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Address, Attn: General Counsel. You or an attorney you have personally hired must sign the notice and must provide the Card number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.
How does an arbitration start?	Mailing a notice	If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Dispute Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.
Will any hearing be held nearby?	Yes	The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.
What about appeals?	Very limited	Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator's award
Arbitration Fees and Awards.
Who bears arbitration fees?	Usually, we do.	We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay.
When will we cover your legal fees and costs?	If you win	If you win an arbitration, we will pay the reasonable fee and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator's rules or if payment is required to enforce this Dispute Clause. The Arbitrator shall not limit his or her award of these amounts because your Dispute is for a small amount.
Will you ever owe us for arbitration or attorneys' fees?	Only for bad faith	The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Dispute Clause invalid.
Can an award be explained?	Yes	A party may request details from the Arbitrator, within 14 days of the ruling.  Upon such request, the Arbitrator will explain the ruling in writing.

This Card is issued by Pathward, N.A., Member FDIC, pursuant to a license from MasterCard International Inc.

5501 S. Broadband Lane

Sioux Falls, SD  57108

1-800-365-7816

www.propay.com 

 

© 2016 Pathward, N.A.