1. The Payoneer® Prepaid MasterCard® Card
This document constitutes the agreement (“Agreement”) outlining the terms and conditions that apply as a result of your election to participate in the Payoneer Prepaid MasterCard® Card Service (the “Service”) by having your funds loaded onto your Payoneer Prepaid MasterCard® Card. You are not required to participate in the Service.
2. Definitions
In this Agreement, "Card" means the Payoneer Prepaid MasterCard® Card issued to you by First Bank of Delaware, which is not affiliated with or related to the location where your funds have been loaded onto the Card. "You" and "your" means the person or persons who have received and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean First Bank of Delaware and its successors or assigns. “Card Account” means the records maintained to account for the value of claims associated with the Card. The Card will remain the property of First Bank of Delaware and must be surrendered to it upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.
3. General Information About Your Card
The Card is a prepaid card. This means that you can use the Card to make purchases to the extent funds have been loaded onto the Card. The Card does not constitute a checking, savings or other bank account with us and is not connected in any way to any other account you may have with us or another financial institution. You will not receive any interest on your funds on the Card. The Card is not a credit card.
4. Authorized Users
You may request an additional Card for another person. You may also permit another person to have access to your Card or Card number. However, if you do, you are liable for all transactions made with the Card or Card number by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card. You are responsible for all transactions and fees incurred by you or any other person you have authorized to use the Card. If you tell us to revoke another person’s use of your Card, we may revoke your Card and issue a new Card with a different number. You are wholly responsible for the use of each Card according to the terms of this Agreement.
5. Personal Identification Numbers (“PIN”)
We may, at our option, give you a Personal Identification Number (“PIN”). If we give you a PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine (“ATM”) or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN that bears the MasterCard® brand. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”
6. Information Needed to Obtain Your Card
The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
7. When You Agree to be Bound and General Information About Your Card and Card Account
When You Agree to be Bound and General Information About Your Card and Card Account
8. Activating Your Card Upon receipt of your Card, you must log onto our website to activate the Card. Please have your Card number, UserName and Password as you assigned them when you applied for the card. Your personal identification number (PIN) will be provided to you. During the activation process you will be required to change the initial temporary PIN. You should not disclose your PIN to anyone who you do not want to be able to access your funds and should not write your PIN on the Card.
9. Using Your Card
When funds have been loaded to your Card Account, you may use your Card to obtain goods or services, or to obtain cash or to transfer funds from your Card Account, wherever the Card is honored for such purposes, as long as you do not exceed the value available in your Card Account. Unless the context indicates otherwise, we use the words “transaction” and “transfer” to refer to any of these uses of your Card. There may be delays before the amounts of your transactions are posted to your Card Account, and technical difficulties may cause amounts in your Card Account to be inaccessible from time to time. You agree that we will have no responsibility in Card Account crediting or periodic Card Account inaccessibility.
10. Authorized Transactions
You are responsible for all authorized transactions initiated by the use of your Card. If you permit someone else to use your Card, we will treat this as if you have authorized such use, and you will be responsible for any transactions made by any person you have permitted to use your Card, unless you have notified us that transactions by any such person are no longer authorized. If you use your Card number without presenting your Card (such as for a mail order, Internet or telephone purchase), the legal effect will be the same as if you used the Card itself.
11.Limitations on Transactions
For security reasons, you may only make three (3) transfers per business day at Automated Teller Machines (ATMs) and the total number of transfers you can make using point-of-sale (POS) terminals is nine (9) transfers per business day. You may not make more than $2,500 in transfers of any type from your Card on any business day. Any transfer made on a non-business day is considered made on the next business day. Your Card may be used to obtain cash from an ATM. You can use your Card at an ATM to make a balance inquiry. You may use your Card to make purchases at POS terminals. See the attached fee schedule which lists the fees for these types of transactions. ATM withdrawals may also be subject to fees by the ATM owner or operator. You may not use your Card for any illegal transactions, use at casinos or any gambling activity. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction plus any applicable fees. You may not exceed the value available in your Card Account, either through an individual transaction, or through a series of transactions. Nevertheless, if a transaction is completed that exceeds the value available in your Card Account, you acknowledge and agree that we may collect the amount of the negative balance, plus any applicable fees, by setting such amounts off against funds that may at any time be loaded onto your Card in the future. Subject to applicable law, you also agree to pay, and agree that we may setoff against your Card Account balance, any reasonable costs and attorneys fees that we may incur in attempting to collect such negative balances.
No Preauthorized Payments Permitted
You may not make preauthorized regular payments from your Card Account, such as regular monthly payments to merchants, utility or internet service providers. If you attempt to use the bank routing number or account number to pre-authorize direct debits from the Card by merchants or any other party, the pre-authorized debits will be declined and your payments to the party will not be processed.
No Right To Stop Payment
You do not have the right to stop payment on any transaction originated by the use of your Card or to otherwise cancel or amend any payment instruction that you have given. If a merchant authorizes a transaction that you plan to make, and you fail to complete that transaction as planned, the authorization may result in a hold for that amount of funds for up to ten (10) days.
Split Transactions
Your Card cannot be redeemed for cash. You may use your Card to access cash at an ATM. If you do not have enough funds loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. 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.
Authorization at Certain Merchants
Restaurants and hotels may authorize your Card for 10% to 20% more than the purchase amount in order to cover any anticipated gratuity or incidental hotel charges. Because this authorization may be greater than the balance available on your Card, it is possible Your Card may be declined. Hotels and car rental companies may not allow cardholders to use the Card to make a reservation. However, hotels and car rental companies will accept the card for final payment. You may use your card at any gas station which accepts MasterCard®, but you must pay the attendant inside. When using your Card to buy gas, it may be best to pay the attendant first. .
12. State Abandoned Property Law
You acknowledge and agree that we may be required under applicable state abandoned property law to turn over to a state government authority any funds remaining in your Card Account after a certain period of inactivity or dormancy, as required by such state law.
13. Loading Value Onto Your Card and Keeping Track of Your Balance
You may load additional funds onto your Card at any time, but you may do so only three (3) times a day. The amount of each additional load must be at least $10.
The amount of each addition to your Card Account must be at least $10. You may add such funds to your Card Account by transferring them from an account at your financial institution to us through an automated clearinghouse (“ACH”), by making a payment by any of the methods we offer to load funds at www.payoneer.com (do not mail cash). However, the maximum amount of money allowed on your Card Account at any one time is $5,000.
You may perform a balance inquiry at an ATM to check your balance. However, you may be charged a fee for this service. You may go online at www.payoneer.com to check your balance 24 hours a day, seven days a week.
14. When Value Loaded Onto Your Card Is Available
Funds sent to us by ACH, wi ll be available within 4-7 business days, funds deposited from your Visa or MasterCard® account will be available within 2 business days. There is a fee associated with the loading of funds, please refer to the fee schedule. You can call us at 1-800-251-2521 or access your account via our Web site at www.payoneer.com to determine whether the fund-transfer has occurred or to get your current card account balance.
15. Overdrafts
You do not have the right to make purchases, obtain cash, or transfer funds in amounts that exceed your Card Account balance. If the value available in your Card Account is insufficient, at any time, to pay all items (including, but not limited to, ACH, ATM, POS, bill payment, debit card transactions, preauthorized automatic debits, telephone-initiated transfers, or other electronic transfers, or other transactions) presented for payment or authorization on your Card Account, we may pay such items in any order convenient to us and we may, at our option, approve or deny any transaction or authorization. We have the right to deny a transaction or authorization if there is insufficient value available in your Card Account. If however, we decide to approve a transaction or authorization despite insufficient value available in your Card Account, this will create an overdraft and you will incur the overdraft fees disclosed below under “Fees”. You should try to avoid overdrafts since they are costly to you and we may close your Card Account if you repeatedly incur overdrafts. While overdrafts are approved at our discretion, the overdraft eligibility amount will be reduced by any overdraft fees that are owed. If your Card Account is overdrawn for any reason, you agree that you will immediately add sufficient funds to cover the overdraft and the overdraft fee. If your Card Account is overdrawn for more than ten (10) business days, we will attempt to notify you and require immediate payment of the overdraft and the overdraft fee. Your Card Account may be closed if you fail to repay the overdraft and overdraft fee upon demand. You agree and acknowledge that the overdraft does not constitute an extension of credit. If we permit an overdraft on one or more occasions, we do not thereby obligate ourselves to permit an overdraft on any future occasion.
16. Merchant Disputes
We are not responsible for the delivery, quality, safety, legality or any other aspect of the goods or services purchased with your Card. All such disputes should be addressed to the merchant.
17. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds. The amount credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
18. Periodic Statements
You can view your account activity on line at www.programname.com for a period of at least 90 days for free. You can also request printed monthly statements by calling 800-251-2521. The fee for printed monthly statements is found on the fee schedule enclosed with this cardholder agreement.
19. Fees
Applicable fees for usage of the Card and related services are found on the Fee Schedule and made a part of this Agreement. By accepting, signing or using this Card you agree to pay those fees.
20. Receipts
You should get a receipt at the time you make a transaction. You agree to retain your receipts to verify your transactions.
21. Transactions in Foreign Currencies and Currency Conversion Fees
If you obtain cash, transfer funds or make a purchase in a currency other than United States currency, MasterCard International Incorporated (“MasterCard®”) will convert the transaction into United States currency. Currently, the currency conversion rate used by MasterCard® is either a wholesale market rate or the government-mandated rate in effect one day prior to the processing date for the transaction. The currency conversion rate used by MasterCard® on the processing date may differ from the rate in effect on the transaction date or on the date that the transaction posts to your Card Account. We will increase the currency conversion rate by an additional 2% and will retain this additional 2% amount as an additional fee.
22. Confidentiality
We may disclose information to third parties about your Card Account in accordance with our Privacy Policy. We will make such disclosures if you give us your written permission, where it is necessary for completing a transaction, in order to verify the existence and condition of your Card for a third party, such as a merchant, in order to comply with government agency or court orders, or in other circumstances described in our Privacy Policy.
23. Network Rules
The network operating rules and regulations of the MasterCard® International network, including, without limitations, procedures for authorization of transactions and duties and remedies for reversals and adjustments of Transactions, will apply to each transaction. If the network rules prohibit or limit any claim or defense you may have against a merchant or us, then you will be bound by such prohibition or limitation.
24. Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Card Account. IF YOU BELIEVE THAT YOUR CARD OR PIN HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR CARD ACCOUNT WITHOUT YOUR PERMISSION, CALL US TOLL FREE AT 1-800-252-2521 AND WE WILL CANCEL YOUR CARD. YOUR LIABILITY FOR UNAUTHORIZED USE OF THE CARD IS $0 (ZERO DOLLARS) UNDER THE FOLLOWING CONDITIONS: (1) YOU REPORT THE LOSS OR THEFT OF THE CARD WITHIN TWO (2) BUSINESS DAYS OF DISCOVERING SUCH LOSS OR THEFT, (2) YOU DEMONSTRATE THAT YOU EXERCISED CARE WITH YOUR CARD, (3) YOU HAVE NOT REPORTED TWO OR MORE INCIDENTS OF UNAUTHORIZED CARD USE IN THE PRECEDING TWELVE (12) MONTHS AND (4) YOUR CARD IS IN GOOD STANDING. IF YOU DO NOT MEET THESE CONDITIONS YOUR LIABILITY IS $50 (FIFTY DOLLARS). This policy does not apply to commercial cards, transactions made outside the United States, ATM transactions, or to PIN transactions not processed by MasterCard®. Also, if your statement shows transactions that you did not make, tell us at once. If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your Card Account without your permission, call our Customer Service Department at 1-800-252-2521 or write us at support@payoneer.com If your Card or PIN has been lost or stolen, we will close your Card Account to keep losses to a minimum.
25. Amendment
We may amend this Agreement at any time and from time to time in any respect, whether or not the amendment or the subject of the amendment was originally contemplated or addressed by you and us or is integral to the relationship between you and us. Without limiting the foregoing, such amendment may change terms by the addition of new terms or by the deletion or modification of existing terms, and may include the addition of or an increase in Card Account fees. You will be notified via our website or email of any amendment in accordance with applicable federal and state law prior to the effective date of the amendment. However, if an amendment is made for security purposes, we may implement it without prior notice to you. We may amend this Agreement even if your Card has expired or your Card Account is deemed dormant, inactive or abandoned. We will mail any notice we send you to the most recent address reflected in our records for you.
26. Cancellation
We may cancel or suspend your Card Account or this Agreement, and/or repossess the Card, at any time. If we cancel your Card Account or this Agreement, we will attempt to notify you of such action. You may cancel your Card Account or this Agreement by first notifying us and by then returning your Card to us. You may notify us by calling the Customer Service number above or by sending a letter to the Customer Service address above. You may return your Card to us by mailing it to Payoneer, Customer Service, 410 Park Avenue, 15th Floor, New York, NY 10022. If you notify us in writing, you may include your Card with your letter to us. Upon cancellation by you or us, we will send you a check in the amount of your Card Account balance, less any applicable fees, following the expiration of any reasonable hold period we deem necessary to ensure that further transactions are not processed against your Card Account. It may take up to thirty (30) days for you to receive your Card Account balance. Cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to cancellation.
27. Other Terms
You may not assign or transfer your Card or Card Account to any other person. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement is determined to be invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of Delaware (other than its conflicts of law principles) except to the extent preempted or governed by federal law.
28. Arbitration Provision
General
This Arbitration Provision (the “Provision”) governs when and how disputes between you and us or between you and the Issuer will be arbitrated outside the court system. This Provision covers all Claims (defined below), except we and the Issuer will not elect to arbitrate an individual Claim brought by you in small claims court, unless that Claim is transferred, removed or appealed to a different court. Also, as described below, you have the right to reject this Provision in its entirety if you act within forty five (45) days after the date you first accept, sign, use or add value to the Card, whichever comes first..
Arbitration.
You and We agree that either party may elect to arbitrate and require the other party to arbitrate any Claim. This means You will not have the right to have a court or jury decide any dispute between us, among other limitations described below. Certain terms used in this arbitration provision are defined below under the heading “Definitions.”
Right to Reject Arbitration Provision
If You act promptly, You may reject this arbitration provision. You nor We have the right to require arbitration of some or all Claims. Rejection of the arbitration provision will not affect any other aspect of this Agreement. To reject the arbitration provision, You must act within the time frame and follow the instructions set forth below under the caption “Rejection of Arbitration.”
Important Notice and Limitations: If You or We elect to arbitrate a Claim, neither You nor We will have the right:
(1) to have a court or a jury decide the Claim;
(2) to engage in pre-arbitration discovery (i.e., the right to obtain information prior to the hearing) to the same extent that You or We could in court;
(3) to participate in a class action in court or in arbitration, either as a class representative or a class member;
(4) to act as a private attorney general in court or in arbitration; or
(5) to join or consolidate Your Claim(s) with claims involving any other transaction.
The right to appeal is more limited in arbitration than in court. Other rights that You would have if You went to court may also not be available in arbitration.
Definitions:
The following definitions apply to this arbitration provision:
“Administrator” means the American Arbitration Association or the National Arbitration Forum, as applicable. Each of these companies maintains an Internet website, publishes pamphlets, and is otherwise available to answer frequently asked questions about arbitration. We encourage You to contact them directly with any questions You may have about them or arbitration. You can contact them at: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2371; American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879.
“Claim” means any dispute between You and Us that arises from or relates in any way to the Card, this Agreement or the relationships resulting from this Agreement, including disputes concerning (1) any items you purchased with the Card; (2) advertisements, promotions, disclosures or documents relating to the Card; and (3) this Provision’s applicability or enforceability. It includes disputes based on constitutional provisions, statutes, regulations, ordinances, contracts, and acts of every type (whether intentional, fraudulent, reckless, or negligent). It includes disputes that seek relief of any type, including equitable relief or damages.
“Claim” is to be given the broadest possible meaning and includes claims of every kind and nature. “Claim” also includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief.
“Excluded Claim or Proceeding”
In addition to the parties’ rights to obtain information under the Administrator’s rules, either party may ask the arbitrator for more information from the other party.
Starting an Arbitration: : To start an arbitration, You or We must send a written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the Claim shall be resolved by arbitration under this arbitration provision and the rules of the Administrator then in effect.
Where to Send the Notice of Election to Arbitrate.
The address for giving notices to start an arbitration is: Payoneer, Arbitration Department , 410 Park Avenue, 15th Floor, New York, NY 10022 (and no other location).
Rejection of Arbitration
.You may reject this Arbitration Provision by sending a rejection notice to Payoneer, Arbitration Department , 410 Park Avenue, 15th Floor, New York, NY 10022 (and no other location) within forty-five (45) days after the date you first accept, sign, use, or add value to the Card, whichever comes first. Any rejection notice must be signed by you and must include your name, address, telephone number and Card number. This is the only method you can use to reject this Arbitration Provision (“Rejection Notice”)How and When to Send a Notice to Reject Arbitration . You must mail Your Rejection Notice or send it by messenger service (such as Federal Express) to. Access America , c/o FBD Arbitration Opt Out, P.O. BOX# 473 , King Mills, OH 45034-0473 (and no other location) In the event of any dispute concerning whether You have provided a timely Rejection Notice, You must provide a signed receipt or a fax confirmation. This is the only method You can use to reject the arbitration provision. If the Rejection Notice is sent on Your behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on Your behalf.
Selection of Arbitrator
.You can select the Administrator in Your written notice electing to arbitrate, or by giving Us written notice of Your selection within 20 days after Our election to arbitrate. If You do not select the Administrator on a timely basis, We will do so. The arbitrator will be selected under the Administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.
No Class Actions :
If You or We elect to arbitrate a Claim, neither You nor We will have the right: (1) to participate in a class action in court or in arbitration, either as a class representative or a class member; (2) to act as a private attorney general in court or in arbitration; or (3) to join or consolidate Your Claims with claims of any other person.
Location and Costs to Start an Arbitration :
Any arbitration hearing that You attend will take place in a location that is reasonably convenient to You. If You start or seek to start an arbitration and cannot get the Administrator to waive the fees charged by the Administrator, We will consider in good faith paying or advancing such fees on Your behalf if you ask it in writing.
Costs of the Arbitration. At the end of the arbitration, the arbitrator will decide who will pay the Administrator's fees, unless laws that apply tell who must pay or if You and We agreed to who should pay such fees. Unless You and We agree otherwise, each party must pay the costs of its own attorneys, experts and witnesses, regardless of which party wins in the arbitration.
Discovery; Getting Information:
In addition to Your rights and Our rights under the Administrator's rules to obtain information prior to the hearing, either You or We may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.
Effect of Arbitration Award:
Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act (the “FAA”); and (2) Claims involving more than $7,500.
Claims Above $7,500:
For Claims involving more than $7,500, You or We may appeal the award to a three-arbitrator panel appointed by the Administrator (the “Panel”), which will reconsider, at no cost, any aspect of the initial award that is appealed. The Panel is not bound by what the original Arbitrator decided. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless the law that applies requires something else, the appealing party will pay the appeal's costs, regardless of its outcome. However, We will consider in good faith any reasonable written request for Us to bear the cost if You appeal.
Governing Law:
This arbitration provision involves a transaction in interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration. The arbitrator shall follow the law that applies consistent with the FAA, any statutes of limitation that apply and applicable privilege rules, and shall be authorized to award all remedies permitted by the law that applies.
Remedies an Arbitrator Can Award;
Written Opinions . The remedies an arbitrator can award include, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief, and attorneys' fees and costs. If requested in time, the arbitrator shall explain in writing the reasoning of his or her award. The arbitrator will follow rules of procedure and evidence that comply with the FAA, this arbitration provision and the Administrator's rules.
Survival, Severability, Primacy:
Except as described above, if any other portion of this Provision cannot be enforced, the rest of this Provision will continue to apply. In the event of any conflict or inconsistency between this Provision, and the Administrator's rules or other provisions of this Agreement, this Provision will govern. This Provision shall survive the cancellation or expiration of the Card and any bankruptcy by you, to the extent consistent with applicable bankruptcy law.
When this Arbitration Provision is Null and Void;
Inconsistency. If a court or Arbitrator says that there can be a Class Action and removes the prohibition of Class Actions from this Agreement, this entire arbitration provision shall be null and void. In the event of any conflict or inconsistency between this arbitration provision and the Administrator's rules or any other documents relating to this Agreement , this arbitration provision will govern.
1. The Payoneer® Prepaid MasterCard® Card
This document constitutes the agreement (“Agreement”) outlining the terms and conditions that apply as a result of your election to participate in the Payoneer Payroll & Personal Spend MasterCard® Service (the “Service”) by having your wages, salary, reimbursements or other similar compensation loaded onto your Payoneer Payroll & Personal Spend MasterCard®. You are not required to participate in the Service.
2. Definitions
In this Agreement, “Card” means the Payoneer Payroll & Personal Spend MasterCard® Card issued to you by First Bank of Delaware , which is not affiliated with or related to the company or location where your funds have been added to the Card Account. “You” and “your” means the person or persons who have received and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean First Bank of Delaware and its successors or assigns. “Card Account” means the records maintained to account for transactions associated with the use of the Card. “Employer” means your employer, which is offering the Payoneer Payroll & Personal Spend MasterCard® to its employees and has received your enrollment form request.
3. General Information About Your Card and the Card Account
The Card is a prepaid card. This means that you can use the Card to make purchases to the extent funds have been added to the Card Account and remain available to make a purchase, obtain cash or transfer funds. The Card or the Card Account do not constitute a checking, savings or other bank account with us and is not connected in any way to any other account you may have with us or another financial institution. The Card is not a credit card. The Card will remain the property of First Bank of Delaware and must be surrendered to it upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. You are not entitled to receive, and we do not pay, interest on the funds in your Card Account. Accordingly, the interest rate on your Card Account is zero percent (0%) with an annual percentage yield of zero percent (0%).
4. Authorized Users
You may request an additional Card for another person. You may also permit another person to have access to your Card or Card Account using your Card number. However, if you do, you are liable for all transactions made with the Card or Card number by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card. You are responsible for all transactions and fees incurred by you or any other person you have authorized to use the Card. If you tell us to revoke another person's use of your Card, we may revoke your Card and issue a new Card with a different number. You are wholly responsible for the use of each Card according to the terms of this Agreement.
5. Personal Identification Numbers (“PIN”)
We may, at our option, give you a Personal Identification Number (“PIN”). If we give you a PIN, you may use your Card: (1) to obtain cash from any Automated Teller Machine (“ATM”); or (2) at any Point-of-Sale (“POS”) device which requires entry of a PIN that bears the MasterCard ® brand. All ATM transactions are treated as cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”
6. Information Needed to Obtain Your Card
The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. When you open a Card Account, we will ask for: (1) your name; (2) address; (3) date of birth; and (4) other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
7. When You Agree to be Bound and General Information About Your Card and Card Account
By accepting, signing, using or adding value to the Card and the Card Account, you agree to be bound by the terms and conditions contained in this Agreement. You agree to sign the back of the Card immediately upon receipt. You acknowledge and agree that the value available on the Card is limited to the dollar amount that has been added to the Card Account. You hereby authorize us to deduct funds from your Card Account to correct any error or overpayment to you or as otherwise set forth in this Agreement. The expiration date of your Card will be indicated on the Card. The value available to you is recorded in your Card Account and will decrease each time you use the Card to make a purchase, obtain cash or transfer funds.
8. Activating Your Card
Upon receipt of your Card, you must log onto our website to activate the Card. Please have your Card number, UserName and Password as you assigned them when you applied for the card. Your personal identification number (PIN) will be provided to you. During the activation process you will be required to change the initial temporary PIN. You should not disclose your PIN to anyone who you do not want to be able to access your funds and should not write your PIN on the Card.
9. Using Your Card; Fees
When funds have been added to your Card Account, you may use your Card to obtain goods or services, or to obtain cash or to transfer funds from your Card Account, wherever the Card is honored for such purposes, as long as you do not exceed the value available in your Card Account. Unless the context indicates otherwise, we use the words “transaction” and “transfer” to refer to any of these uses of your Card . Your Card may be used to obtain cash from an ATM. You can use your Card at an ATM to make a balance inquiry. You may use your Card to make purchases at POS terminals. Log into your account at www.payoneer.com to view the Fee Schedule which lists the fees for these types of transactions. ATM withdrawals may also be subject to fees by the ATM owner or operator. There may be delays before the amounts of your transactions are posted to your Card Account, and technical difficulties may cause amounts in your Card Account to be inaccessible from time to time. You agree that we will have no responsibility if funds are not credited to your Card Account in a timely manner or your Card Account is inaccessible.
10. Authorized Transactions
You are responsible for all authorized transactions initiated by the use of your Card. If you permit someone else to use your Card, we will treat this as if you have authorized such use, and you will be responsible for any transactions made by any person you have permitted to use your Card, unless you have notified us that transactions by any such person are no longer authorized. If you use your Card number without presenting your Card (such as for a mail order, Internet or telephone purchase), the legal effect will be the same as if you used the Card itself
11. Limitations on Transactions
For security reasons, you may only make three (3) transfers per business day at ATMs and the total number of transfers you can make using POS terminals is nine (9) transfers per business day. You may not make more than $2,500 in transfers of any type from your Card on any business day. Any transfer made on a non-business day is considered made on the next business day. You may not use your Card for any illegal transactions, at casinos or for any gambling activity.
Your Card Account:
Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction plus any applicable fees. You may not exceed the value available in your Card Account, either through an individual transaction, or through a series of transactions. Nevertheless, if a transaction is completed that exceeds the value available in your Card Account, you acknowledge and agree that we may collect the amount of the negative balance, plus any applicable fees, by setting such amounts off against funds that may at any time be added to your Card Account in the future. Subject to applicable law, you also agree to pay, and agree that we may setoff against your Card Account balance, any reasonable costs and attorneys fees that we may incur in attempting to collect such negative balances.
No Preauthorized Payments Permitted:
You may not make preauthorized regular payments from your Payroll Card Account, such as regular monthly payments to merchants, utility, or internet service providers . If you attempt to use the bank routing number or account number to pre-authorize direct debits from the Card by merchants or any other party, the pre-authorized debits will be declined and your payments to the party will not be processed.
No Right to Stop Payment:
You do not have the right to stop payment on any transaction originated by the use of your Card or to otherwise cancel or amend any payment instruction that you have given. If a merchant authorizes a transaction that you plan to make, and you fail to complete that transaction as planned, the authorization may result in a hold for that amount of funds for up to ten (10) days.
Split Transactions:
Your Card cannot be redeemed for cash. You may use your Card to access cash at an ATM. If you do not have enough funds added on your Card Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. 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.
Authorization at Certain Merchants:
Restaurants and hotels may authorize your Card for ten percent (10%) to twenty percent (20%) more than the purchase amount in order to cover any anticipated gratuity or incidental hotel charges. Because this authorization may be greater than the balance available on your Card, it is possible your Card may be declined. Hotels and car rental companies may not allow cardholders to use the Card to make a reservation. However, hotels and car rental companies will accept the card for final payment. You may use your card at any gas station which accepts MasterCard®, but you must pay the attendant inside. When using your Card to buy gas, it may be best to pay the attendant first.
12. State Abandoned Property Law
You acknowledge and agree that we may be required under applicable state abandoned property law to turn over to a state government authority any funds remaining in your Card Account after a certain period of inactivity or dormancy, as required by such state law.
13. Loading Value Onto Your Card Account and Keeping Track of Your Balance
Payroll Deposits:
Deposits to your Card Account from your Employer will be made available on the date the payroll file clearing date. You authorize your Employer and us to recover any funds erroneously added to your Card Account. If an authorized addition to your Card Account has an error or if you require additional information regarding funds added or loaded, you must contact your Employer immediately. You should keep track of the amount of funds loaded on Cards issued to you.
You are responsible for reporting to all applicable government tax authorities, all earnings received and loaded on to your Card or Card Account and the payment of any applicable local, state, province, and /or federal, domestic or international taxes that apply to such earnings
Non-payroll Deposits:
You may add additional non-payroll funds onto your Card Account at any time, but you may do so only three (3) times a day. The amount of each addition to your Card Account must be at least $10. You may add such funds to your Card Account by transferring them from an account at your financial institution to us through an automated clearinghouse (“ACH”), by making a payment by any of the methods we offer to load funds at www.payoneer.com (do not mail cash). However, the maximum amount of money allowed on your Card Account at any one time for such non payroll loads is $2,500.
A maximum aggregate amount of $12,500 is allowed to be on your card at any time. Payroll exceeding this amount will be available as the funds are depleted.
Additional Information:
For more information about how to load additional funds to your Card Account, telephone us at 800-251-2521Ext 2 or write us at support@payoneer.com . You should keep track of the amount of funds loaded on your Card Account. You may check your account balance at www.payoneer.com at any time, 24 hours a day, seven days a week or call us at the Customer Service number shown on your Card and listed above to obtain the current Card Account balance on your Card. You may perform a balance inquiry at an ATM to check your balance. However, you may be charged a fee for this service.
14. Notice of Preauthorized Transfers to Your Card Account
You have arranged to have direct transfers of funds made to your Card Account at least once every sixty (60) days by your Employer. Your Employer will notify you each time it sends us money to add to your Card Account. Payoneer will e-mail a notification each time payment is received from your Employer. You can check your account for payment notification at www.payoneer.com at any time, 24 hours a day, seven days a week or call us at the Customer Service call us at 1-800 -251-2521Ext 2 -to find out whether or not the transfer has occurred.
15. When Money Added to Your Card Account Is Available
As long as your Employer sends your wages, salary, reimbursements or other similar compensation to us through an ACH system they will be available to you on within two business days of the payment information being sent to Payoneer. Non-payroll funds sent to us by ACH and funds sent to us by regular mail will be available within 5-7 business days y after we receive them. Funds paid to a participating merchant will be made available immediately if there is sufficient monies in your Card Account to complete the transaction.
16. Overdrafts
You do not have the right to make purchases, obtain cash, or transfer funds in amounts that exceed your Payroll Card Account balance. If the value available in your Payroll Card Account is insufficient, at any time, to pay all items (including, but not limited to, ACH, ATM, POS, bill payment, debit card transactions, preauthorized automatic debits, telephone-initiated transfers, or other electronic transfers, or other transactions) presented for payment or authorization on your Payroll Card Account, we may pay such items in any order convenient to us and we may, at our option , approve or deny any transaction or authorization. We have the right to deny a transaction or authorization if there is insufficient value available in your Payroll Card Account. If however, we decide to approve a transaction or authorization despite insufficient value available in your Payroll Card Account, this will create an overdraft and you will incur the overdraft fees disclosed below under “Fees”. You should try to avoid overdrafts since they are costly to you and we may close your Payroll Card Account if you repeatedly incur overdrafts. While overdrafts are approved at our discretion, the overdraft eligibility amount will be reduced by any overdraft fees that are owed. If your Payroll Card Account is overdrawn for any reason, you agree that you will immediately add sufficient funds to cover the overdraft and the overdraft fee. If your Payroll Card Account is overdrawn for more than ten (10) business days , we will attempt to notify you and require immediate payment of the overdraft and the overdraft fee. Your Payroll Card Account may be closed if you fail to repay the overdraft and overdraft fee upon demand. You agree and acknowledge that the overdraft does not constitute an extension of credit. If we permit an overdraft on one or more occasions, we do not thereby obligate ourselves to permit an overdraft on any future occasion.
17. Merchant Disputes
We are not responsible for the delivery, quality, safety, legality or any other aspect of the goods or services purchased with your Card. All such disputes should be addressed to the merchant.
18. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds. The amount credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
19. Periodic Statements
We do not send regular written paper monthly statements. You may obtain information about the amount of money you have remaining in your Card Account by checking your account balance at www.payoneer.com at any time, 24 hours a day, seven days a week or call us at the Customer Service number shown on your Card. This information, along with your Card Account activity for at least the previous sixty (60) days can be accessed on-line at www.payoneer.com free of charge. You can request to receive a printed account activity statement by calling 1-800-251-2521 Ext 2 during our regular business hours or by writing us at Payoneer, Customer Service, 410 Park Avenue, 15th Floor, New York, NY 10022 or E-mail us: support@payoneer.com . Our regular business hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. EST, excluding bank holidays. There is no fee for this service. However, if you choose to receive a regular printed monthly statement each month rather than checking your account activity by the other means described above you will be charged a fee for this service. To view the Fee schedule log into your account at www.payoneer.com .
You may perform a balance inquiry at an ATM to check your balance. However, you will be charged a fee for this service. To view the Fee schedule log into your account at www.payoneer.com .
20. Fees
Applicable fees for usage of the Card and related services are found on the Fee Schedule, which can be viewed by logging into your account at www.payoneer.com and made a part of this Agreement. By accepting, signing or using this Card you agree to pay those fees.
21. Receipts
You should get a receipt at the time you make a transaction. You agree to retain your receipts to verify your transactions. .
22. Transactions in Foreign Currencies and Currency Conversion Fees
If you obtain cash, transfer funds or make a purchase in a currency other than United States currency, MasterCard International Incorporated (“MasterCard®”) will convert the transaction into United States currency. Currently, the currency conversion rate used by MasterCard® is either a wholesale market rate or the government-mandated rate in effect one day prior to the processing date for the transaction. The currency conversion rate used by MasterCard® on the processing date may differ from the rate in effect on the transaction date or on the date that the transaction posts to your Card Account. We will increase the currency conversion rate by an additional 3% and will retain this additional 3% amount as an additional fee.
23. Confidentiality
We may disclose information to third parties about your Card Account only in accordance with our Privacy Policy. We will make such disclosures if you give us your written permission, where it is necessary for completing a transaction, in order to verify the existence and condition of your Card for a third party, such as a merchant, in order to comply with government agency or court orders, or in other circumstances described in our Privacy Policy.
24. Network Rules
The network operating rules and regulations of the MasterCard® network, including, without limitations, procedures for authorization of transactions and duties and remedies for reversals and adjustments of Transactions, will apply to each transaction. If the network rules prohibit or limit any claim or defense you may have against a merchant or us, then you will be bound by such prohibition or limitation.
25. Our Liability for Failure to Complete Transactions
If we do not complete a transaction involving your Card on time or in the correct amount according to this Agreement, we will be liable for damages proximately caused by our failure to do so. However, there are some exceptions. We will not be liable, for instance: if, through no fault of ours, you do not have enough funds in your Card Account to make the transaction; if the ATM where you are trying to withdraw cash does not have enough cash; if the ATM, POS terminal, network or system involved in your transaction was not working properly and you knew about the breakdown when you started the transaction; we are prohibited by law or network rules from completing the transaction; if circumstances beyond our control (e.g. natural disasters or weather conditions, such as severe storm, earthquake, fire, flood, sabotage, war or acts of terrorism) prevent the transaction, despite reasonable precautions that we have taken; if a merchant refuses to accept your Card; if access to your Card Account has been blocked after you reported your Card or PIN lost or stolen; if there is a hold on funds in your Card Account or your funds are subject to legal process or other encumbrance restricting their use; we have reason to believe the requested transaction is unauthorized; or any other exception in our Agreement with you. In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will only be liable for actual proven damages if the failure to make the transaction on time or in the correct amount resulted from an unintentional and bona fide error despite our procedure to avoid such errors.
26. Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Card Account. IF YOU BELIEVE THAT YOUR CARD OR PIN HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR CARD ACCOUNT WITHOUT YOUR PERMISSION, CALL US TOLL FREE AT 1-800-383-0946 AND WE WILL CANCEL YOUR CARD. YOUR LIABILITY FOR UNAUTHORIZED USE OF THE CARD IS ZERO DOLLARS ($0) UNDER THE FOLLOWING CONDITIONS: (1) YOU REPORT THE LOSS OR THEFT OF THE CARD WITHIN TWO (2) BUSINESS DAYS OF DISCOVERING SUCH LOSS OR THEFT; (2) YOU DEMONSTRATE THAT YOU EXERCISED CARE WITH YOUR CARD; (3) YOU HAVE NOT REPORTED TWO (2) OR MORE INCIDENTS OF UNAUTHORIZED CARD USE IN THE PRECEDING TWELVE (12) MONTHS; AND (4) YOUR CARD IS IN GOOD STANDING. IF YOU DO NOT MEET THESE CONDITIONS YOUR LIABILITY IS FIFTY DOLLARS ($50). This policy does not apply to commercial cards, transactions made outside the United States, ATM transactions, or to PIN transactions not processed by MasterCard Ò . If your statement shows transactions that you did not make, notify us at once. Failure to notify us within sixty (60) days after the statement was made available to you may result in your inability to recoup any funds lost after the sixty (60) days if it is proven that the theft or misappropriation of the funds would have been prevented with timely notification. If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-800 -251-2521 Ext 2 or write us at support@payoneer.com If your Card or PIN has been lost or stolen, we will close your Card Account to keep losses to a minimum.
27. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR CARD ACCOUNT
In case of errors or questions about your Card Account telephone us at 1-800-251-2521 Ext 2 during our regular business hours or by writing us at Payoneer, Customer Service, 410 Park Avenue, 15th Floor, New York, NY 10022 or E-mail us: support@payoneer.com. if you think an error has occurred in your Card Account . We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could have been viewed in your electronic history OR the date we FIRST sent written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-800-383-0946 or writing us at Name city state. Please provide the following information: (1) your name and Card Account number (if any); (2) description of the error or the transfer you are unsure about and a clear explanation why you believe it is an error or why you need more information; (3) dollar amount of the suspected error; and (5) approximate date and time when the error took place. If you tell us orally, we may require that you send your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card Account within ten (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 ten (10) business days, we may not credit your Card Account.
For errors involving new Card Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Card Accounts, we may take up to twenty (20) business days to credit your Card Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that were used in the investigation. If you need more information about our error resolution procedures, call us at the telephone number shown above .
29. Amendment
We may amend this Agreement at any time and from time to time in any respect, whether or not the amendment or the subject of the amendment was originally contemplated or addressed by you and us or is integral to the relationship between you and us. Without limiting the foregoing, such amendment may change terms by the addition of new terms or by the deletion or modification of existing terms, and may include the addition of or an increase in Card Account fees. You will be notified via our website or email of any amendment according to applicable federal or state law. If the amendment would result in: (1) increased fees for you; (2) increased liability for you; (3) fewer types of available electronic fund transfers; or (4) stricter limitations on the frequency of or dollar amount of transfers, you will be notified at least twenty one (21) days prior to the effective date of the amendment. However, if an amendment is made for security purposes, we may implement it without prior notice to you. We may amend this Agreement even if your Card has expired or your Card Account is deemed dormant, inactive or abandoned. We will mail any notice we send you to the most recent address reflected in our records for you.
30. Cancellation
We may cancel or suspend your Card Account or this Agreement, and/or repossess the Card, at any time. If we cancel your Card Account or this Agreement, we will attempt to notify you of such action. You may cancel your Card Account or this Agreement by first notifying us and by then returning your Card to us. You may notify us by calling the Customer Service number above or by sending a letter to the Customer Service address above. You may return your Card to us by mailing it to Payoneer, Customer Service, 410 Park Avenue, 15th Floor, New York, NY 10022. If you notify us in writing, you may include your Card with your letter to us. Upon cancellation by you or us, we will send you a check in the amount of your Card Account balance, less any applicable fees, following the expiration of any reasonable hold period we deem necessary to ensure that further transactions are not processed against your Card Account. It may take up to thirty (30) days for you to receive your Card Account balance. Cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to cancellation.
31. Assignment; Waiver; Invalidity and Choice of Law
You may not assign or transfer your Card or Card Account to any other person. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement is determined to be invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of Delaware (other than its conflicts of law principles) except to the extent preempted or governed by federal law . The arbitration provision in this Agreement involves a transaction in interstate commerce and shall be governed by the FAA and Delaware law. The arbitrator shall follow the law that applies consistent with the FAA, any statutes of limitation that apply and applicable privilege rules, and shall be authorized to award all remedies permitted by the law that applies.
32. Arbitration Provision
General
This Arbitration Provision (the “Provision”) governs when and how disputes between you and us or between you and the Issuer will be arbitrated outside the court system. This Provision covers all Claims (defined below), except we and the Issuer will not elect to arbitrate an individual Claim brought by you in small claims court, unless that Claim is transferred, removed or appealed to a different court. Also, as described below, you have the right to reject this Provision in its entirety if you act within forty five (45) days after the date you first accept, sign, use or add value to the Card, whichever comes first.
Arbitration.
You and We agree that either party may elect to arbitrate and require the other party to arbitrate any Claim. This means You will not have the right to have a court or jury decide any dispute between us, among other limitations described below. Certain terms used in this arbitration provision are defined below under the heading “Definitions.”
Right to Reject Arbitration Provision:
If You act promptly, You may reject this arbitration provision. You nor We have the right to require arbitration of some or all Claims. Rejection of the arbitration provision will not affect any other aspect of this Agreement. To reject the arbitration provision, You must act within the time frame and follow the instructions set forth below under the caption “Rejection of Arbitration.”
Important Notice and Limitations: If You or We elect to arbitrate a Claim, neither You nor We will have the right:
(1) to have a court or a jury decide the Claim;
(2). to engage in pre-arbitration discovery (i.e., the right to obtain information prior to the hearing) to the same extent that You or We could in court;
(3). to participate in a class action in court or in arbitration, either as a class representative or a class member;
(4). to act as a private attorney general in court or in arbitration; or
(5). to join or consolidate Your Claim(s) with claims involving any other transaction.
The right to appeal is more limited in arbitration than in court. Other rights that You would have if You went to court may also not be available in arbitration.
Definitions:
The following definitions apply to this arbitration provision:
“Administrator” means the American Arbitration Association or the National Arbitration Forum, as applicable. Each of these companies maintains an Internet website, publishes pamphlets, and is otherwise available to answer frequently asked questions about arbitration. We encourage You to contact them directly with any questions You may have about them or arbitration. You can contact them at: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2371; American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879.
“Claim” means any dispute between You and Us that arises from or relates in any way to the Card, this Agreement or the relationships resulting from this Agreement, including disputes concerning (1) any items you purchased with the Card; (2) advertisements, promotions, disclosures or documents relating to the Card; and (3) this Provision’s applicability or enforceability. It includes disputes based on constitutional provisions, statutes, regulations, ordinances, contracts, and acts of every type (whether intentional, fraudulent, reckless, or negligent). It includes disputes that seek relief of any type, including equitable relief or damages.
“Claim” is to be given the broadest possible meaning and includes claims of every kind and nature. “Claim” also includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief.
“Excluded Claim or Proceeding”
In addition to the parties’ rights to obtain information under the Administrator’s rules, either party may ask the arbitrator for more information from the other party.
Starting an Arbitration:
To start an arbitration, You or We must send a written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the Claim shall be resolved by arbitration under this arbitration provision and the rules of the Administrator then in effect.
Where to Send the Notice of Election to Arbitrate:
The address for giving notices to start an arbitration is: The address for giving notices to start arbitration is: Payoneer, Arbitration Department, 410 Park Avenue, 15th Floor, New York, NY 10022
Rejection of Arbitration:
.You may reject this Arbitration Provision by sending a rejection notice to Payoneer, Arbitration Department , 410 Park Avenue, 15th Floor, New York, NY 10022 (and no other location) within forty-five (45) days after the date you first accept, sign, use, or add value to the Card, whichever comes first. Any rejection notice must be signed by you and must include your name, address, telephone number and Card number. This is the only method you can use to reject this Arbitration Provision (“Rejection Notice”)How and When to Send a Notice to Reject Arbitration . You must mail Your Rejection Notice or send it by messenger service (such as Federal Express) to. Access America , c/o FBD Arbitration Opt Out, P.O. BOX# 473 , King Mills, OH 45034-0473 (and no other location) In the event of any dispute concerning whether You have provided a timely Rejection Notice, You must provide a signed receipt or a fax confirmation. This is the only method You can use to reject the arbitration provision. If the Rejection Notice is sent on Your behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on Your behalf.
How and When to Send a Notice to Reject Arbitration:
sYou must mail your Rejection Notice or send it by messenger service (such as Federal Express) to: Payoneer, Arbitration Department, 410 Park Avenue, 15th Floor, New York, NY 10022 (and no other location). In the event of any dispute concerning whether you have provided a timely Rejection Notice, you must provide a signed receipt or a fax confirmation. This is the only method you can use to reject the arbitration provision. If the Rejection Notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on your behalf.
Selection of Arbitrator:
.You can select the Administrator in Your written notice electing to arbitrate, or by giving Us written notice of Your selection within 20 days after Our election to arbitrate. If You do not select the Administrator on a timely basis, We will do so. The arbitrator will be selected under the Administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.
No Class Actions:
If You or We elect to arbitrate a Claim, neither You nor We will have the right: (1) to participate in a class action in court or in arbitration, either as a class representative or a class member; (2) to act as a private attorney general in court or in arbitration; or (3) to join or consolidate Your Claims with claims of any other person.
Location and Costs to Start an Arbitration:
Any arbitration hearing that You attend will take place in a location that is reasonably convenient to You. If You start or seek to start an arbitration and cannot get the Administrator to waive the fees charged by the Administrator, We will consider in good faith paying or advancing such fees on Your behalf if you ask it in writing.
Costs of the Arbitration:
At the end of the arbitration, the arbitrator will decide who will pay the Administrator's fees, unless laws that apply tell who must pay or if You and We agreed to who should pay such fees. Unless You and We agree otherwise, each party must pay the costs of its own attorneys, experts and witnesses, regardless of which party wins in the arbitration.
Discovery; Getting Information
: In addition to Your rights and Our rights under the Administrator's rules to obtain information prior to the hearing, either You or We may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.
Effect of Arbitration Award
: Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act (the “FAA”); and (2) Claims involving more than $7,500.
Claims Above $7,500:
. For Claims involving more than $7,500, You or We may appeal the award to a three-arbitrator panel appointed by the Administrator (the “Panel”), which will reconsider, at no cost, any aspect of the initial award that is appealed. The Panel is not bound by what the original Arbitrator decided. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless the law that applies requires something else, the appealing party will pay the appeal's costs, regardless of its outcome. However, We will consider in good faith any reasonable written request for Us to bear the cost if You appeal.
Remedies an Arbitrator Can Award; Written Opinions:
The remedies an arbitrator can award include, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. If requested in time, the arbitrator shall explain in writing the reasoning of his or her award. The arbitrator will follow rules of procedure and evidence that comply with the FAA, this arbitration provision and the Administrator’s rules.
Survival, Severability, Primacy:
Except as described above, if any other portion of this Provision cannot be enforced, the rest of this Provision will continue to apply. In the event of any conflict or inconsistency between this Provision, and the Administrator’s rules or other provisions of this Agreement, this Provision will govern. This Provision shall survive the cancellation or expiration of the Card Account and any bankruptcy by you, to the extent consistent with applicable bankruptcy law.
When this Arbitration Provision is Null and Void;
If a court or Arbitrator says that there can be a class action and removes the prohibition of class actions from this Agreement, this entire arbitration provision shall be null and void. In the event of any conflict or inconsistency between this arbitration provision and the Administrator’s rules or any other documents relating to this Agreement, this arbitration provision will govern.
33. Fee Schedule
Log into your account at www.payoneer.com to view the Fee Schedule.
