NexsCard Prepaid Visa Card
Cardholder Agreements
IMPORTANT – PLEASE
READ CAREFULLY
1. Terms and Conditions for the
NexsCard Prepaid Visa® Card. This document is an agreement
(“Agreement”) containing the terms and conditions that
apply to the NexsCard Prepaid Visa® Card that
has been issued to you by Metropolitan Commercial Bank (Member FDIC)
pursuant to a license from Visa U.S.A. Inc. “Metropolitan
Commercial Bank” and “Metropolitan” are registered
trademarks of Metropolitan Commercial Bank © 2014. By accepting
and/or using this Card, you agree to be bound by the terms and
conditions contained in this Agreement, which includes an
Arbitration Provision in Section 31. The “Program
Manager” for the NexsCard Prepaid Visa Card
is Expanse Financial Technologies, Inc. and the Customer Service
telephone number is (800) 221-6504 or the toll-free
telephone number on the back of your Card. In this Agreement,
“Card” means the NexsCard Prepaid Visa
Card issued to you by the Bank, including any Secondary Card(s) you
may request, as permitted under this Agreement. “Card
Account” means the records we maintain to account for the
value of transactions associated with the Card. “You”
and “your” means the person or persons who have received
the Card and who are authorized to use the Card as provided for in
this Agreement. “We,” “us,”
“our,” and “Bank” mean Metropolitan
Commercial Bank, together with its successors and assigns.
“Program Manager” means Expanse Financial Technologies, Inc., together with its successors and assigns. The Card
will remain the property of the Bank 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.
To help the government fight the funding of terrorism and
money laundering activities, federal law requires all financial
institutions and their third parties to obtain, verify, and record
information that identifies each person who obtains a Card. What
this means for you: When you apply for a Card, we will ask for your
name, address, date of birth, social security number or country
identification number, and other information that will allow us to
identify you. We also may ask to see your driver's license or other
documentation bearing your photo as verification of your identity.
By participating in the Card program, you agree that the information
and statements you provide to us are accurate, including, but not
limited to, your real name, valid U.S. mailing address and
residential address (if different), social security number or other
identification documentation, date of birth, and telephone number.
If you fail to provide accurate information that we request, we may
cancel your Card. In addition, funds tied to suspected illicit or
illegal activity may be subject to both internal and potentially
federal investigation. We reserve the right to restrict or delay
your access to any such funds. English Language Controls. The
meanings of terms, conditions and representations herein are subject
to definitions and interpretations in the English language. Any
translation provided may not accurately represent the information
provided in the original English Cardholder Agreement.
2. Your Card. The Card is a
prepaid card. The Card allows you to access funds loaded or
deposited to your Card Account by you or on your behalf. The funds
in your Card Account will be FDIC-insured once we have verified your
identity. You may access the funds in your Card Account by using (1)
your Card, (2) the number inscribed or printed on the front of your
Card, or (3) by automated clearinghouse (“ACH”) debit
using your Account Number. The Card is not a credit
card. The Card is not a gift card, nor is it
intended for gifting purposes. You will not receive
any interest on your funds on the Card. The funds in your Card
Account will not expire, regardless of the
expiration date on the front of your Card.
3. FEES. THE FEES RELATING TO THE
USE (AND MISUSE) OF YOUR CARD ARE SET FORTH IN THE “SCHEDULE OF
FEES AND CHARGES (SCHEDULE A)” ATTACHED TO THIS AGREEMENT AND
INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE
TERMS OF THIS AGREEMENT WILL BE WITHDRAWN FROM YOUR CARD ACCOUNT
AND WILL BE ASSESSED SO LONG AS THERE IS A REMAINING BALANCE IN
YOUR CARD ACCOUNT, UNLESS PROHIBITED BY LAW. You agree to pay all
fees associated with the Card. We may from time to time amend the
Fee Schedule, at our sole discretion as set forth in the Section of
this Agreement titled “Amendment and Cancellation.”
4. Authorized Users. You may
request an additional Card (“Secondary Card”) to allow
another person to access the funds in your Card Account. The maximum
number of Secondary Cards permitted is four (4). The additional
(Secondary) cardholder must be 13 years of age or older. The Primary
Card cardholder (of the Card Account) must be a minimum of 18 years
of older. The additional (Secondary Card) cardholder is not allowed
to load funds onto their card. Only the Primary Card Account
cardholder is allowed to load funds onto primary card and the
Secondary card(s). The primary cardholder is responsible for the
entire account including all additional Secondary Cards. The Primary
Card and four Secondary cards make a maximum total of five cards. If
you permit another person to have access to any Card or Card Number,
you are liable for all transactions made with any Card, Card Number
or Account Number, and all related fees incurred, by those persons.
To cancel a Secondary Card, telephone the toll-free number on the
back of your Card or (800) 221-6504 and you must
follow-up not later than 10 business days with the written
notification to revoke (cancel) permission for any person you
previously authorized to use your Card. Until we have received your
notice of such a revocation (cancellation) and have had a reasonable
time to act upon the written notification of cancellation, you are
responsible for all transactions and fees incurred by you or any
other person you have authorized. If you tell us to revoke (cancel)
a Secondary Card, we may revoke (cancel) your Card and issue a new
Card with a different Card Number and/or Account 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 Transfers” below, and other
applicable laws.
5. Card Account Use and Purpose.
Subject to the limitations set forth in this Agreement, you may use
your Card, Card Number, or Account Number, as applicable, to (1) add
funds to your Card Account (as described in the Section below titled
“Adding Funds to Your Card Account”), (2) transfer funds
between Card Accounts, (3) purchase goods or services wherever your
Card is honored as long as you do not exceed the value available in
your Card Account or the Daily Purchase Limit (as defined in the
table below), and (4) withdraw cash from your Card Account (as
described in the Section below titled “Using Your Card to Get
Cash”. There may be fees associated with some of these
transactions. For fee information, see the “Schedule of Fees
and Charges (Schedule A)” attached to this Agreement. You
agree not to use your Card for illegal gambling or any other illegal
purpose.
You will be provided with our routing number and assigned a 12-digit
Account Number once your identity has been verified. Our routing
number and your assigned Account Number are for the purpose of
initiating direct deposits to your Card Account and authorized
automated clearinghouse (“ACH”) debit transactions only.
The 16-digit Card Number embossed or printed on your Card should not
be used for these types of transactions or they will be rejected.
You are not authorized to use our routing number and Account Number
if you do not have sufficient funds in your Card Account or to make
a debit transaction with a paper check, check-by-phone or other item
processed as a check. These debits will be declined, and your
payment will not be processed. You also may be assessed an ACH
Decline Fee (see the “Schedule of Fees and Charges (Schedule
A)” attached to this Agreement).
6. Limitations on Frequency and
Dollar Amounts of Transactions. The total amount of purchases that
you can perform in any single day is limited to the Daily Purchase
Limit and the total amount of cash withdrawals (including
withdrawals from a teller inside a bank office) that you can perform
in any single day is limited to the Daily Withdrawal Limit (as
defined in the table below). The maximum aggregate value of your
Card Account(s) may not exceed $30,000 at any time. The maximum
value will be determined by aggregating the activity and value of
all Card Accounts you may have with the Program. For security
reasons, we may further limit the number or dollar amount of
transactions you can make with your Card. The following grid is
provided in order to highlight the frequency and limitations of
cardholder transactions in a single day or additional time frame if
warranted:
Transaction/Load Type |
Maximum Amount per day (Primary Card
Account) |
Maximum Amount per day (Secondary Card
Account) |
Maximum Balance on the card |
$20,000 (includes all cash and direct
deposit loads) |
$2,500 (includes all cash and direct
deposit loads) |
Withdrawals |
Up to a maximum of $10,000 per day
(includes all Bank Teller, ATM and cash back from POS purchases)
(the “Daily Withdrawal Limit”) |
Up to a maximum of $2,500 per day
(includes all Bank Teller, ATM and POS purchases) (the “Daily
Withdrawal Limit”) |
Cash Withdrawal (ATM) |
Up to a maximum of $800 per day |
Up to a maximum of $800 per day |
Cash Withdrawal (bank teller) |
Up to a maximum of $800 per day |
Up to a maximum of $800 per day |
Purchases (POS) |
Up to a maximum of $10,000 per day (the
“Daily Withdrawal Limit”) |
Up to a maximum of $2,500 per day |
Value Loads |
Any combination of the load types listed below to not
exceed Maximum Balance
| Up to a maximum of $1,000 per day |
Direct deposits |
Up to a maximum of $20,000 per day |
N/A |
Cash deposits |
Up to a maximum of $10,000 per day |
N/A |
Card-to-card transfers |
Up to a maximum of $1,000 per day |
N/A |
Card-to-card (within Card Account) |
Up to a maximum of $1,000 per day |
Up to a maximum of $1,000 per day |
ACH Deposits (bank-to-card transfers) |
Up to a maximum of$1,000 per day |
N/A |
7. Personal Identification Number
(“PIN”). When you activate your Card and after your
identity has been verified, we will give you a PIN that you may use
with your Card. Only one PIN will be issued for each Card Account.
You will need a PIN to obtain cash at an ATM or to make a PIN
purchase or obtain cash back at a point-of-sale (“POS”)
terminal. 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 immediately call the number on the back of your Card, (800)
221-6504, or send notice through www.nexscard.com, or write to
the Program Manager at Expanse Financial Technologies, Inc.-
NexsCard, P.O. Box 307, New Hyde Park, NY 11040.
8. Adding Funds to Your Card
Account. You may add funds to your Card (called “value
loading” or “loading”) at any time. The maximum
load amount is $5,000. Note: Some reload locations
may have additional limits on the minimum amount you may load to
your Card. The maximum aggregate value of funds in your Card Account
may not exceed $30,000 at any time. You agree to
present the Card and meet identification requirements to complete
value load transactions as may be required from time to time. Load
locations may have their own load limits that may be less than our
allowable amount. Load locations also may assess a fee to load funds
to your Card Account. You also may direct deposit funds to your Card
Account by providing our routing number and your assigned Account
Number to your employer or other direct deposit payor (as described
in the Section above titled “Card Account Use and
Purpose”). You cannot load your Card Account by check or money
order.
9. Using Your Card to Get Cash.
With a PIN, you may use your Card to (i) obtain cash or check your
balance at any Automated Teller Machine (“ATM”) that
bears the Visa® or PLUS® or STAR® brand,
or (ii) obtain cash at merchants or banks that have agreed to
provide cash back at POS terminals bearing the Visa®
or PLUS® or STAR® brand. All ATM transactions are treated
as cash withdrawal transactions. The maximum amount of cash you may
withdraw at an ATM on a daily basis is $800 as
described in the Section above titled "Limitations on Frequency and
Dollar Amounts of Transactions." We may limit the amount of any
individual ATM withdrawal, and merchants, banks and ATM operators
may impose additional withdrawal limits. You will be charged a fee
by us for each cash withdrawal and balance inquiry made at an ATM or
cash withdrawal obtained through a bank teller, in the amount
disclosed in the accompanying “Schedule of Fees and Charges
(Schedule A)” In addition, when you use an ATM not owned by
us, you may be charged a fee by the ATM operator or any network used
(and you may be charged a fee for a balance inquiry even if you do
not complete a fund transfer).
10. Split Transactions. If you do
not have enough value 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. If you fail to inform the merchant that you would like to
complete a split transaction before swiping your Card, your Card is
likely to be declined.
11. Transactions Using Your Card
Number. If you initiate a transaction without presenting your Card
(such as for a mail order, internet or telephone purchase, a
Prefunded Check purchase or an ACH debit purchase), the legal effect
will be the same as if you used the Card itself.
12. Your Obligation for Negative
Balance Transactions. Each time you initiate a Card transaction,
you authorize us to reduce the funds available in your Card Account
by the amount of the transaction and all associated fees. You are
not allowed to exceed the available amount in your Card Account
through an individual transaction or a series of transactions
(creating a “negative balance”). Nevertheless, if any
transactions cause the balance in your Card Account to go negative,
including any purchase transactions where the retailer or merchant
does not request authorization, you shall remain fully liable to us
for the amount of any negative balance and any corresponding
transaction fees. You may also be liable for any related
Insufficient Funds/NSF Fee(s) as set forth in the accompanying
“Schedule of Fees and Charges (Schedule A)” We reserve
the right to bill you for any negative balance or to recoup such
negative balance from any other Card we have issued to you. You
agree to pay us promptly for the negative balance and any related
fees. We also reserve the right to cancel your Card if you create
one or more negative balances with your Card.
13. Business Days. Our
business days are Monday through Friday, excluding federal and legal
banking holidays in the State of New York from 9:00AM to 5:00PM ET.
14. Authorization Holds. You do
not have the right to stop payment on any purchase transaction
originated by use of your Card, other than a Recurring Transaction
as described in the Section below titled “Recurring
Transactions.” When you use your Card to pay for goods or
services, certain merchants may ask us to authorize the transaction
in advance and the merchant may estimate its final value. When you
use your Card to obtain cash at an ATM or from a bank teller, we
will authorize the transaction in advance (including all applicable
fees). When we authorize a purchase transaction, we commit to make
the requested funds available when the transaction finally settles,
and we will place a temporary hold on your Card's funds for the
amount indicated by the merchant. 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. Car rentals, hotels
and other service-oriented merchants may choose to factor in
additional amounts upon check-in, and it may take up to 60 days
after your stay or your rental to have any excess amounts held by
the hotel or rental company added back to your available balance.
Similarly, some gas stations may factor in additional amounts to
cover potential filling of the tank; if you want to avoid such a
hold, you may want to pay inside the gas station, instead of paying
at the pump. Until the transaction finally settles, the funds
subject to the hold will not be available to you for other purposes.
We will only charge your Card for the correct amount of the final
transaction, and we will release any excess amount when the
transaction finally settles.
When you use your Card at certain restaurants and
service-oriented merchants, there may be an additional 20% (or more)
added to the authorization to cover any tip you may leave on the
purchase. If this occurs, and your total bill, after adding in the
additional 20% (or more), exceeds the amount available on your Card,
your transactions may be declined. Accordingly, you should ensure
that your Card has an available balance that is 20% (or more)
greater than your total bill before using your Card.
15. Recurring Transactions. If you
intend to use your Card for recurring transactions, you should
monitor your balance and ensure you have funds available in your
Card Account to cover the transactions. “Recurring
transactions” are transactions that are authorized in advance
by you to be charged to your Card at substantially regular
intervals. We are not responsible if a recurring transaction is
declined because you have not maintained a sufficient balance in
your Card Account to cover the recurring transaction. If these
recurring transactions may vary in amount, the person you are going
to pay should tell you, 10 days before each payment, when it will be
made and how much it will be. (You may choose instead to get this
notice only when the payment would differ by more than a certain
amount from the previous payment, or when the amount would fall
outside certain limits that you set.) If
your Card was obtained through your employer or you receive
electronic deposits of federal payments to your Card: If you
have told us in advance to make regular payments (i.e., recurring
transactions) from your Card Account, you can stop the payment by
calling the number on the back of your Card, (800)
221-6504, or by sending notice through www.nexscard.com, or by mailing
notice to Expanse Financial Technologies, Inc. - NexsCard, P.O.
Box 307, New Hyde Park, NY 11040 at least three business days
before the scheduled date of the transfer. If you call, we also may
require you to put your request in writing and get it to us within
14 days after you call. If you order us to stop one of these
payments three business days or more before the transfer is
scheduled, and we do not do so, we will be liable for your direct
losses or damages. If you have authorized a merchant to make the
recurring transaction, you also should contact the applicable
merchant in order to stop the recurring transaction. We do not offer
a Bill Payment feature, therefor, if you have authorized a merchant
to make the recurring transaction, you also should (must) contact
the applicable merchant in order to stop the recurring transaction.
16. Preauthorized Credits. If you
have arranged to have direct deposits made to your Card Account at
least once every 60 days from the same person or company and you do
not receive a receipt/statement (or paystub), you can the number on
the back of your Card or (800) 221-6504 to find out
whether or not the deposit was made.
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. You are not entitled to a check refund
unless your Card has been closed. The amounts credited to your Card
for refunds may not be available for up to five days from the date
the refund transaction occurs.
18. Card Cancellation and
Suspension; Limits. We reserve the right, in our sole discretion,
to limit your use of the Card, including limiting or prohibiting
specific types of transactions. We may refuse to issue a Card,
revoke Card privileges or cancel your Card with or without cause or
notice, other than as required by applicable law. If you would like
to cancel the use of your Card, you may do so by calling (800)221-6504
or the number on the back of your Card or (800) 221-6504. You agree
not to use or allow others to use an expired, revoked, canceled,
suspended or therwise invalid Card. Our cancellation of Card
privileges will not otherwise affect your rights and obligations
under this Agreement. If we cancel or suspend your Card privileges
through no fault of yours, you will be entitled to a refund as
provided below in the Section titled “Amendment and
Cancellation.” Not all services described in this Agreement
are available to all persons or at all locations. We reserve the
right to limit, at our sole discretion, the provision of any such
services to any person or in any location. Any offer of a service in
this Agreement shall be deemed void where prohibited. We can waive
or delay enforcement of any of our rights under this Agreement
without losing them.
19. International Transactions.
Any transaction initiated on a Card in a currency or country other
than the currency or country in which the Card was issued will be
subject to a fee on the transaction (including credits and
reversals) as set forth in the “Schedule of All Fees and
Charges (Schedule A)” attached to this Agreement. This fee is
in addition to the currency conversion rate. If you effect a
transaction with your Prepaid Visa Card in a currency other than US
Dollars, Visa will convert the charge into a US Dollar amount. The
Visa currency conversion procedure includes use of either a
government mandated exchange rate, or a wholesale exchange rate
selected by Visa. The exchange rate Visa uses will be a rate in
effect on the day the transaction is processed. This rate may differ
from the rate in effect on the date of purchase or the date the
transaction was posted to your account.
20. Receipts. You should get or
request a receipt at the time you make a transaction or obtain cash
using your Card. You agree to retain your receipts to verify your
transactions. You can get a receipt at the time you make any
transfer from your Card Account using one of our ATM terminals.
21. Obtaining Balance and
Transaction Information for Your Card; Periodic Statements
Alternative. You should keep track of the amount of funds available
in your Card Account. You may obtain information about the amount of
funds you have remaining in your Card Account by calling the number
on the back of your Card. This information, along with a 12-month
history of account transactions, is also available on-line through
our customer self-service website shown on the back of the Card. You
also have the right to obtain a 24-month written history of account
transactions by calling the number on the back of your Card or (800)
221-6504, or by visiting www.nexscard.com, or by writing
Expanse Financial Technologies, Inc. - NexsCard, P.O. Box 307,
New Hyde Park, NY 11040.
22. Confidentiality. We may
disclose information to third parties about your Card or the
transactions you make using your Card: (1) where it is necessary for
completing transactions; (2) in order to verify the existence and
condition of your Card for a third party, such as a merchant; (3) in
order to comply with government agency, court order, or other legal
reporting requirements; (4) if you give us your written permission;
(5) to our and the Program Manager's employees, auditors,
affiliates, service providers, or attorneys as needed; and (6) as
otherwise provided in our Privacy Policy Notice below.
23. Our Liability for Failure to
Complete Transactions. In no event will we or the Program Manager
be liable for consequential damages (including lost profits),
extraordinary damages, special or punitive damages. We will not be
liable, for instance: (1) if, through no fault of ours or of the
Program Manager, you do not have enough funds available in your Card
Account to complete the transaction; (2) if a merchant refuses to
accept your Card or provide cash back; (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 Access Code(s) ("Access Code" includes
your user ID(s), password(s), PIN(s), and any other access code or
credential related to your Card Account) 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 or the Program Manager
have reason to believe the requested transaction is unauthorized;
(8) if circumstances beyond our or the Program Manager's control
(such as fire, flood or computer or communication failure) prevent
the completion of the transaction, despite reasonable precautions
that we or the Program Manager have taken; or (9) for any other
exception stated in our Agreement with you.
24. In Case of Errors or
Questions about your Card Account. If you think an error has
occurred in your Card Account, promptly call the number on the back
of your Card, (800) 221-6504, provide notice
through www.nexscard.com or write to Expanse Financial Technologies, Inc.- NexsCard, P.O. Box 307, New Hyde Park, NY 11040.
We will allow you to report an error until 60 days after the
earlier of the date you electronically access your Card 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
calling the number on the back of your Card or (800)
221-6504, or by visiting www.nexscard.com or writing to
the Program Manager at Expanse Financial Technologies, Inc.-
NexsCard, P.O. Box 307, New Hyde Park, NY 11040. You will need to
tell us: (1) your name and Card Number; (2) why you believe there is
an error, and the dollar amount involved, and (3) approximately when
the error took place. If you tell us orally, we will require that
you send your complaint or question in writing within 10 business
days. We will determine whether an error occurred within 10 business
days (five business days for Visa Point of Sale Signature
unauthorized debit transactions, unless the dispute resolution team
determines an exceptional basis exists, in which case Visa allows an
additional five business days in which to provide the provisional
credit) after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days to
investigate your complaint or question. If we decide to do this, we
will provisionally credit your Card within 10 business days (five
business days for Visa Point-of Sale Signature unauthorized debit
transactions, unless the dispute resolution team determines an
exceptional basis exists, in which case Visa allows an additional
five business days in which to provide the provisional credit) for
the amount you think is in error, so that you will have the use of
the money during the time it takes to complete the investigation. If
we ask you to put your complaint or question in writing and you do
not provide it within 10 business days, (five business days for Visa
Point-of Sale Signature unauthorized debit transactions) we may not
credit your Card Account. For errors involving new Card Accounts for
which the initial deposit or value load occurred within the last 30
days, POS transactions, or foreign-initiated transactions, we may
take up to 90 days to investigate your complaint or question. For
new Card Accounts, we may take up to 20 business days to
provisionally credit your Account for the amount you think is in
error. We will tell you the results within three business days after
completing the investigation. If we decide that there was no error,
we will send you a written explanation and debit your Card Account
for the amount of the provisional credit. You may ask for copies of
the documents that we used in our investigation. If you need more
information about our error-resolution procedures, call the Program
Manager at the number on the back of your Card.
25. Lost or Stolen
Cards/Unauthorized Transfers. If you believe your Card, Access
Code(s), or PIN has been lost or stolen, call the number on the back
of your Card, or (800) 221-6504, or send notice
through www.nexscard.com, or write to
the Program Manager at > Expanse Financial Technologies, Inc.-
NexsCard, P.O. Box 307, New Hyde Park, NY 11040. You should also
call (800) 221-6504, the number on the back of your
Card, or write to the address shown here if you believe an
electronic transfer has been made using the information from your
Card, Access Code(s), or PIN without your permission.
26. Your Liability for
Unauthorized Transfers. You agree to exercise reasonable control
over the information related to your Card Account, including your
Card, Access Code(s) and PIN. Tell us AT ONCE if you believe your
Card, Access Code(s), or PIN has been lost or stolen. Also, if your
transaction history shows transfers that you did not make, including
those made with your Card, Card Number or Account Number, or you
believe an electronic transfer has been made without your
permission, tell us at once. The best way to keep your losses down
is by calling the tollfree number on the back of your Card or (800)
221-6504, You could lose all of the money in your Card Account. If
you tell us within two business days after you learn of the loss or
theft of your Card, you can lose no more than $50.00 if someone used
your Card without your permission. If you do NOT tell us within two
business days after you learn of the loss or theft of your Card, and
we can prove that we could have stopped someone from using your Card
without your permission if you had told us, you could lose as much
as $500.00. If you do not tell us within 60 days after the earlier
of the date you electronically access your Card Account or the date
we sent the FIRST written history on which the error 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.
Visa’s Zero Liability Policy. In addition to
the limitations on liability described above, you will not be liable
for unauthorized use that occurs after you notify us of the loss,
theft or unauthorized use of your Card, Access Code(s), or PIN. You
also agree to cooperate completely with us in attempts to recover
funds from unauthorized users and to assist in their prosecution. We
may issue replacement Card(s), Access Code(s), and PIN(s), but only
after you have provided such proof and security or indemnification
as we may require. In addition, you acknowledge that we may have to
deactivate your Card(s) and/or Card Account to prevent future
losses. If you share your Card(s), Access Code(s), or PIN with
another person, use of your Card Account by that person may be
considered as authorized. If you authorize another person to use
your Card, Access Code(s), or PIN, you agree that you will be liable
for all transactions arising from use of the Card, Access Code(s),
or PIN by such person except as otherwise set forth in this
Agreement. In all cases, our liability for an unauthorized
transaction is limited to reimbursing you for the face amount of the
unauthorized transaction and any corresponding fees, except as
otherwise required by applicable law. A transaction is unauthorized
if it is not initiated by you, you did not give permission to make
the transaction and you do not benefit from the transaction in any
way. Visa's Zero Liability policy covers
U.S.-issued cards only and does not apply to ATM transactions
outside the Visa and PLUS networks, PIN transactions not processed
by Visa, or certain commercial card transactions. Cardholder must
notify us promptly of any unauthorized use.
27. 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 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 any time. Except
as set forth in the Arbitration Provision, if any provision of this
Agreement is determined to be invalid or unenforceable under any
rule, law or regulation of any governmental agency, whether local,
state or federal, the validity or enforceability of any other
provision of this Agreement shall not be affected. This Agreement
shall be governed by the law of the State of New York except to the
extent preempted or governed by federal law.
28. Amendment and Cancellation.
We may amend or change the terms and conditions of this Agreement at
any time. We will not apply any amendments to changes to the
Arbitration Provision to any arbitration that is pending at the time
of the amendment or change. You will be notified of any change in
the manner provided by applicable law before the effective date of
the change. However, if the change is made for security purposes, we
may implement such change without prior notice. We may cancel or
suspend your Card or this Agreement at any time. You also may cancel
this Agreement by calling the number on the back of your Card or (800)
221-6504. If you cancel your Card, you may zero out your Card
Account balance before closing your Card Account or request that we
send you a check in the amount of your Card Account balance when you
close your Card Account, which we will do for a fee as set forth in
the “Schedule of Fees and Charges (Schedule A)” attached
to this Agreement. If your Card is canceled by us when your Card
Account has a balance, we will send you a check in the amount of
your Card Account balance for no charge. In all events, any check we
send will be sent to the address we have for you in our records.
Your termination of this Agreement will not affect any of our rights
or your obligations arising under this Agreement before termination.
29. Telephone
Monitoring/Recording; Calls and Messages to Mobile Phones.. From
time to time we may monitor and/or record telephone calls between
you and us to assure the quality of our customer service or as
required by applicable law. We may use automated telephone dialing
and electronic mail to provide communications and to contact you
about transactions and other important information regarding this
Agreement or your relationship with us. Telephone messages may be
played by a machine automatically when the telephone is answered
whether answered by you, someone else or a voicemail or answering
machine. You authorize us to call any telephone number you have
given us or you give to us in the future and to play prerecorded
messages with information about the Agreement over the phone. You
also give us permission to communicate such information to you by
e-mail. You understand that, when you receive such calls or e-mails,
you may incur a charge from the company that provides you with
telecommunications, wireless and/or internet services. You agree
that we will not be liable to you for any fees, inconvenience,
annoyance, or loss of privacy in connection with such calls or
e-mails. You understand that anyone with access to your telephone,
answering machine or email account may listen to or read the
messages, notwithstanding our efforts to communicate only with you.
This authorization is part of our bargain concerning your use of the
prepaid card subject to this Agreement and we do not intend it to be
revocable. However, to the extent we are required by applicable law
to allow you to revoke your consent to these automatic reminders,
you may do so by contacting us at (800) 221-6504
and Expanse Financial Technologies, Inc.- NexsCard, P.O. Box 307, New Hyde Park,
NY 11040.
30. No Warranty Regarding
Goods and Services. We are not responsible for the quality, safety,
legality, or any other aspect of any goods or services you purchase
with your Card.
31. Arbitration Provision. This
Arbitration Provision sets forth the circumstances and procedures
under which claims (as defined below) shall be arbitrated instead of
litigated in court upon the election of either party. You may reject
this Arbitration Provision by sending us a written notice which
gives your name, address, email address, and each Card number with a
statement that you reject the Arbitration Provision. The rejection
notice must be sent by certified mail, return receipt requested, to
Expanse Financial Technologies, Inc. - NexsCard, P.O. Box 307, New Hyde Park, NY
11040, Attn: Arbitration Rejection Notice. A rejection notice must
be signed by you and received by us within 45 days after the date
you receive the first Card issued under this Agreement. Rejection of
arbitration will not affect any other term of this Agreement.
(a)
Definitions: As used in this Arbitration Provision, the term
“Claim” means any claim, dispute or controversy between
you and us, or between you and Expanse Financial Technologies, Inc. as Program Manager for the NexsCard Prepaid
Visa® Card or any of its agents or retailers, arising from or
relating to the Card or this Agreement as well as any related or
prior agreement that you may have had with us or the relationships
resulting from this Agreement or any of the foregoing.
“Claim” includes claims of every kind and nature,
including but not limited to initial claims, counterclaims,
cross-claims and third-party claims, claims based upon contract,
tort, fraud and other intentional torts, consumer rights, statutes,
regulations, ordinances, common law and equity, and claims which
arose before the date of this Agreement. The term
“Claim” is to be given the broadest possible meaning
that will be enforced and includes, by way of example and without
limitation, any claim, dispute or controversy that arises from or
relates to (i) your Card, or the Cards of any additional cardholders
designated by you; (ii) the amount of available funds on the Cards;
(iii) advertisements, promotions or oral or written statements
related to the Cards, or goods or services purchased with the Cards;
(iv) the benefits and services related to the Cards; (v) data breach
or privacy claims arising from or relating directly or indirectly to
our disclosure of any non-public personal information about you;
(vi) collection of any debt and the manner of collection; and (vii)
your enrollment for any Card. We shall not elect to use arbitration
under the Arbitration Provision for any individual Claim that you
properly file and pursue in a small claims court of your state or
municipality so long as the Claim is individual and pending only in
that court; any Claim that is appealed, transferred or removed from
that court shall be subject to arbitration. Also, “Claim” does not
include disputes about the validity, enforceability, coverage, or
scope of this Arbitration Provision or any part thereof; all such
disputes are for a court and not an arbitrator to decide.
Notwithstanding the foregoing, the term “Claim” includes any dispute
about the validity or enforceability of this Agreement as a whole;
any such Claim is for the arbitrator, not a court, to decide. Even
if all parties have opted to litigate a Claim in court, you or we
may elect arbitration with respect to any Claim made by a new party
or any Claim later asserted by a party in that or any related or
unrelated lawsuit (including a Claim initially asserted on an
individual basis but modified to be asserted on a class,
representative or multi-party basis). Nothing in that litigation
shall constitute a waiver of any rights under this Arbitration
Provision. As solely used in this Arbitration Provision, the terms
“we” and “us” shall for all purposes mean
the Bank, the Program Manager, wholly or majority owned
subsidiaries, affiliates, licensees, predecessors, successors, and
assigns; and all of their agents, employees, directors and
representatives. In addition, “we” or “us”
shall include any third party using or providing any product,
service or benefit in connection with any Cards (including, but not
limited to merchants who accept the Card, third parties who use or
provide services, debt collectors and all of their agents,
employees, directors and representatives) if, and only if, such
third party is named as a co-party with us (or files a Claim with or
against us) in connection with a Claim asserted by you. As solely
used in this Arbitration Provision, the terms “you” or
”yours” shall mean all persons or entities approved by
us to have and/or use a Card, including but not limited to all
persons or entities contractually obligated under any of the
Agreements and all additional cardholders.
(b)
Initiation of Arbitration Proceeding/Selection of Administrator: Any
Claim shall be resolved, upon the election by you or us, by
arbitration pursuant to this Arbitration Provision and the code of
procedures of the national arbitration organization to which the
Claim is referred in effect at the time the Claim is filed. Claims
shall be referred to either Judicial Arbitration and Mediation
Services (“JAMS”) or the American Arbitration
Association (“AAA”), as selected by the party electing
to use arbitration. If a selection by us of one of these
organizations is unacceptable to you, you shall have the right
within thirty (30) days after you receive notice of our election to
select the other organization listed to serve as arbitrator
administrator. For a copy of the procedures, to file a Claim or for
other information about these organizations, contact them as
follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA
92614; website at www.jamsadr.com; and (ii) AAA at 120 Broadway,
Floor 21, New York, NY 10271; website at www.adr.org. If both JAMS and the AAA
are unable to serve as administrator and we cannot agree on a
replacement, a court with jurisdiction will appoint the
administrator or arbitrator.
(c) Significance of
Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A
CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM
IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN
DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS
OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, NEITHER YOU
NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE
CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY
CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A
CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION.
THE ARBITRATOR SHALL NOT JOIN OR CONSOLIDATE CLAIMS EXCEPT AS SET
FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND
BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO
COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(d)
Restrictions on Arbitration: If either party elects to resolve a
Claim by arbitration, that Claim shall be arbitrated on an
individual basis. There shall be no right or authority for any
Claims to be arbitrated on a class action basis or on bases
involving Claims brought in a purported representative capacity on
behalf of the general public, other Cardholders or other persons
similarly situated. The arbitrator’s authority to resolve
Claims is limited to Claims between you and us alone, and the
arbitrator’s authority to make awards is limited to you and us
alone. Furthermore, Claims brought by you against us or by us
against you may not be joined or consolidated in arbitration with
Claims brought by or against someone other than you, unless
otherwise agreed to in writing by all parties. This section of this
Arbitration Provision is the “Class Action Waiver.”
(e)
Location of Arbitration/Payment of Fees: Any arbitration hearing
that you attend shall take place in the federal judicial district of
your residence. At your written request, we will consider in good
faith making a temporary advance of all or part of the filing,
administrative and/or hearing fees for any individual Claim you
initiate as to which you or we seek arbitration. At the conclusion
of the arbitration (or any appeal thereof), the arbitrator (or
panel) will decide who will ultimately be responsible for paying the
filing, administrative and/or hearing fees in connection with the
arbitration (or appeal). If and to the extent you incur filing,
administrative and/or hearing fees in arbitration, including for any
appeal, exceeding the amount they would have been if the Claim had
been brought in the state or federal court which is closest to your
billing address and would have had jurisdiction over the Claim, we
will reimburse you to that extent unless the arbitrator (or panel)
determines that the fees were incurred without any substantial
justification.
(f) Arbitration Procedures: This
Arbitration Provision is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal
Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the
“FAA”). The arbitration shall be governed by the
applicable Code, except that this Arbitration Provision shall
control if it is inconsistent with the applicable Code or with other
provisions of this Agreement. The arbitrator will be selected under
the administrator’s rules, except that the arbitrator must be a
lawyer with experience in the subject matter of the Claim or a
retired judge, unless you and we agree otherwise in writing. The
arbitrator shall apply the applicable substantive law, consistent
with the FAA, that would apply if an individual matter had been
brought in court. The arbitrator may award any damages or other
relief of remedies that would apply under applicable law to an
individual action brought in court, including, without limitation,
punitive damages (which shall be governed by the Constitutional
standards employed by the courts) and injunctive, equitable, and
declaratory relief (but only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by that party’s individual claim). The arbitrator will
have the authority to award fees and costs of attorneys, witnesses
and experts to the extent permitted by the administrator’s rules or
applicable law. The arbitrator shall apply applicable statutes of
limitations and shall honor claims of privilege recognized at law
and, at the timely request of either party, shall provide a brief
written explanation of the basis for the decision. In conducting the
arbitration proceeding, the arbitrator shall not apply the Federal
or any state rules of civil procedure or rules of evidence. Either
party may submit a request to the arbitrator to expand the scope of
discovery allowable under the applicable Code. The party submitting
such a request must provide a copy to the other party, who may
submit objections to the arbitrator with a copy of the objections
provided to the request party, within 15 days of receiving the
requesting party’s notice. The granting or denial of such
request will be in the sole discretion of the arbitrator who shall
notify the parties of his/her decision within 20 days of the
objecting party’s submission. The arbitrator shall take
reasonable steps to preserve the privacy of individuals, and of
business matters. Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction. The
arbitrator’s decision will be final and binding, except for
any right of appeal provided by the FAA. However, if the amount in
controversy exceeds, $50,000, any party can appeal that award to a
three-arbitrator panel administered by the same arbitration
organization, which shall consider anew any aspect of the initial
award objected to by the appealing party. The appealing party shall
have 30 days from the date of entry of the written arbitration award
to notify the arbitration organization that it is exercising the
right of appeal. The appeal shall be filed with the arbitration
organization in the form of a dated writing. The arbitration
organization will then notify the other party that the award has
been appealed. The arbitration organization will appoint a
three-arbitrator panel which will conduct arbitration pursuant to
its Code and issue its decision within 120 days of the date of the
appellant’s written notice. The decision of the panel shall be
by majority vote and shall be final and binding except for any
appeal rights under the FAA.
(g) No Preclusive
Effect: No arbitration award involving the parties will have any
preclusive effect as to issues or claims in any dispute involving
anyone who is not a party to the arbitration, nor will an
arbitration award in prior disputes involving other parties have
preclusive effect in an arbitration between the parties to this
Arbitration Provision.
(h) Continuation and
Severance: This Arbitration Provision shall survive cancellation,
suspension, revocation or termination of your Card or this Agreement
as well as voluntary payment of the debt in full by you, any legal
proceeding by us to collect a debt owed by you, and any bankruptcy
by you or us. If any portion of this Arbitration Provision is held
to be invalid or unenforceable, it shall not invalidate the
remaining portions of this Arbitration Provision, the Agreement or
any prior agreement you may have had with us, each of which shall be
enforceable regardless of such invalidity except that: (A) If the
Class Action Waiver is declared unenforceable in a proceeding
between you and us with respect to a Claim that does not seek public
injunctive relief, and that determination becomes final after all
appeals have been exhausted, this entire Arbitration Provision
(except for this sentence) shall be null and void in such
proceeding; and (B) If a claim is brought seeking public injunctive
relief and a court determines that the restrictions in the Class
Action Waiver and/or elsewhere in this Arbitration Provision
prohibiting the arbitrator from awarding relief on behalf of third
parties are unenforceable with respect to such Claim, and that
determination becomes final after all appeals have been exhausted,
the Claim for public injunctive relief will be determined in court
and any individual Claims seeking monetary relief will be
arbitrated. In such a case the parties will request that the court
stay the Claim for public injunctive relief until the arbitration
award pertaining to individual relief has been entered in court. In
no event will a Claim for class-wide or public injunctive relief be
arbitrated.
32. Prefunded Check Transactions
(“Check Terms”). Prefunded Check Transactions are not
allowed in this program.
33. Delivery of Electronic
Communications. The following E-Communication Disclosure (“Disclosure”)
applies to any and all communications or disclosures that we are
legally required to provide to you in writing in connection with
your Card Account and any related products and services (“Communications”),
to the extent you have consented to receiving such Communications
electronically and failure to consent will result in a declined
application for a NexsCard Prepaid Visa Card,
except as provided below.
Scope of Communications to Be Provided in
Electronic Form. When you use a product or service to which this
Disclosure applies, you agree that we may provide you with any
Communications in electronic format, and that we may discontinue
sending paper Communications to you, unless and until you withdraw
your consent as described below. Your consent to receive electronic
Communications includes, but is not limited to:
- All legal and regulatory disclosures and communications
associated with your Card Account and any related products or
services
- Your Cardholder Agreement and any notices about a change in
terms of your Cardholder Agreement
- Privacy policies and notices
- Error resolution policies and notices
- Responses to claims filed in connection with your Card
Account
- Notices regarding insufficient funds or negative balances
Method of Providing Communications to You
in Electronic Form. All Communications that we provide to you in
electronic form will be provided either (1) by access to a web site
that we will designate in an e-mail notice we send to you at the
time the information is available, or (2) by posting such
Communications at www.nexscard.com.
How to Withdraw Consent. You may withdraw
your consent to receive Communications in electronic form at any
time by calling the number on the back of your Card, (800)
221-6504 or by visiting www.nexscard.com, or by writing
to the Program Manager at Expanse Financial Technologies, Inc. -
NexsCard, P.O. Box 307, New Hyde Park, NY 11040 . If you do
withdraw your consent, we will close your Card Account, except where
prohibited by law. We will not impose any fee to process the
withdrawal of your consent to receive electronic Communications. Any
withdrawal of your consent to receive electronic Communications will
be effective only after we have a reasonable period of time to
process your request for withdrawal. In the meantime, you will
continue to receive Communications in electronic form. If you
withdraw your consent, the legal validity and enforceability of
prior Communications delivered in electronic form will not be
affected.
How to Update Your Records. It is your
responsibility to provide us with your true, accurate and complete
e-mail address (if you have elected to receive e-mail messages from
us), your contact information, and other information related to this
Disclosure and your Card Account, and to maintain and update
promptly any changes in this information. You can update information
(such as your e-mail address) through www.nexscard.com or by calling
the number on the back of your Card or (800)
221-6504
Hardware and Software Requirements.
In order to access, view, and retain Communications that we make
available to you electronically, you must have:
- An Internet browser that supports 128-bit
encryption
- Microsoft Internet Explorer 6.0 or above, or the equivalent
software
- Sufficient electronic storage capacity on your computer's
hard drive or other data storage unit
- An e-mail account with an Internet service provider and
e-mail software
- A personal computer (1.0GHz Base or higher), operating
system and telecommunications connections to the Internet capable
of receiving, accessing, displaying, and either printing or storing
Communications received from us in via a plain text-formatted
e-mail or by access to our web site using browser specified above
or equivalent software.
- Adobe Reader version 9.0 or higher
Requesting Paper Copies. We will not send
you a paper copy of any Communication, unless you request it or we
otherwise deem it appropriate to do so. You can obtain a paper copy
of an electronic Communication by printing it yourself or by
requesting that we mail you a paper copy, provided that such request
is made within a reasonable time after we first provided the
electronic Communication to you. To request a paper copy, call the
number on the back of your Card, (800) 221-6504, or
visit www.nexscard.com, or write to
the Program Manager at Expanse Financial Technologies, Inc., P.O. Box 307, New Hyde Park, NY 11040.
Termination/Changes. We reserve the right,
in our sole discretion, to discontinue the provision of your
electronic Communications, or to terminate or change the terms and
conditions on which we provide electronic Communications. We will
provide you with notice of any such termination or change as
required by law.
Rev. 11/2020
FACTS
|
WHAT DOES METROPOLITAN
COMMERCIAL BANK DO WITH YOUR PERSONAL INFORMATION?
|
Why?
|
Financial companies choose how they share your personal
information. Federal law gives consumers the right to limit some
but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information.
Please read this notice carefully to understand what we do.
|
What?
|
The types of personal information we collect and share
depend on the product or service you have with us. This
information can include:
- Social Security number
- Account balances
- Transaction history
- Account Transactions
- Checking account information
- Wire transfer instructions
When you are no longer our customer, we continue to
share your information as described in this notice.
|
How?
|
All financial companies need to share customers’
personal information to run their everyday business. In the
section below, we list the reasons financial companies can share
their customers’ personal information; the reasons
Metropolitan Commercial Bank chooses to share; and whether you
can limit this sharing.
|
Reasons we can share your
personal information
|
Does Metropolitan
Commercial Bank share?
|
Can you limit this
sharing?
|
For our everyday business purposes –
such as to process your transactions, maintain your
account(s), respond to court orders and legal investigations, or
report to credit bureaus
|
Yes
|
No
|
For our marketing purposes –
to offer our products and services to you
|
Yes
|
No
|
For joint marketing with other financial
companies
|
No
|
No
|
For our affiliates’ everyday business
purposes –
Information about your transactions and experiences
|
No
|
We don’t share
|
For our affiliates’ everyday business
purposes –
Information about your creditworthiness
|
No
|
We don’t share
|
For nonaffiliates to market to you
|
No
|
We don’t share
|
What we do
|
How does Metropolitan Commercial Bank protect my personal
information?
|
To protect your personal information from unauthorized
access and use, we use security measures that comply with
federal law. These measures include computer safeguards and
secured files and buildings.
We also maintain other physical, electronic and procedural
safeguards to protect this information and we limit access to
information to those employees for whom access is appropriate.
|
How does Metropolitan Commercial Bank collect my personal
information?
|
We collect your personal information, for example, when
you
-
Open an account or give us your contact information
-
Apply for financing or show your driver’s license
-
Provide account information
We also collect your personal information from others,
such as credit bureaus, affiliates, or other companies.
|
Why can’t I limit all sharing?
|
Federal law gives you the right to limit only
-
sharing for affiliates’ everyday business purposes
– information about your creditworthiness
-
affiliates from using your information to market to you
-
sharing for nonaffiliates to market to you
State laws and individual companies may give you
additional rights to limit sharing. See below for more on your
rights under state law.
|
Definitions
|
Affiliates
|
Companies related by common ownership or control. They can
be financial and nonfinancial companies.
|
Nonaffiliates
|
Companies not related by common ownership or control. They
can be financial and nonfinancial companies.
|
Joint marketing
|
A formal agreement between nonaffiliated financial
companies that together market financial products or services to
you.
|
Other important
information
|
For Alaska, Illinois, Maryland, and North
Dakota Customers. We will not share personal information with
nonaffiliates either for them to market to you or for joint
marketing without your authorization.
For California Customers. We will not share
personal information with nonaffiliates either for them to
market to you or for joint marketing without your authorization.
We will also limit our sharing of personal information about you
with our affiliates to comply with all California privacy laws
that apply to us. Further, we may collect personally
identifiable information about you through our website,
including but not limited to your first and last name, home
address, e-mail address, telephone number, or any other
identifier that permits the physical or online contacting of a
specific individual. If we change our privacy policy for our
website, you will be notified as required by law.
For Massachusetts, Mississippi, and New Jersey
Customers. We will not share personal information from deposit
or share relationships with nonaffiliates either for them to
market to you or for joint marketing without your authorization.
For Vermont Customers.
-
We will not disclose information about your
creditworthiness to our affiliates and will not disclose your
personal information, financial information, credit report, or
health information to nonaffiliated third parties to market to
you other than as permitted by Vermont law, unless you
authorize us to make those disclosures.
-
Additional information concerning our privacy policies can be
found at www.mcbankny.com or call
1-866-363-8226.
|
Schedule
A
SCHEDULE
OF ALL FEES AND CHARGES FOR NexsCard Prepaid Visa® Card
State : ALL
ALL FEES |
AMOUNT |
DETAILS |
Get
started |
Card Activation Fee (for the Primary Card) |
$4.95 |
A one-time new card fee for the Primary Card |
Add money |
Value Load (Primary) |
$1.00 |
Per transaction. 3rd Party Load Networks
charge additional fees. Please consult 3rd Party Load
Network for a schedule of their fees and charges (Western Union,
MoneyGram, and Visa Ready Link).
|
Agent Service Fee (Direct Deposit) (Primary) |
Up to 2.5% of amount loaded |
This fee applies to any direct deposit received in your
Card Account. Agent Service Fees will vary between NexsCard
Retail Agent Locations. Agent Service Fees will never be more
than 2.5% of the amount loaded. If an Agent charges more, please
call (800) 221- 6504. |
Card-to-card transfer (Primary) |
$3.00 |
Per transaction |
Card to card transfer (internal) (Primary) |
$0.00 |
Per transaction; No cost to you. |
Mobile Deposit (Primary) |
$2.00 |
Per load. When depositing checks using remote deposit
capture |
Early Access (Primary) |
$3.00 |
Per deposit. This service requires you to opt in. You
may opt in for this feature so you can receive your direct
deposits prior to the effective date. You may opt out of this
service at any time and receive your direct deposit on the
original effective date either by calling us at (800) 221-6504
or (801) 742-8830 or by email at: customerservice@nexscard.com
or in writing to Expanse Financial Technologies, Inc - NexsCard, P.O. Box 307,
New Hyde Park, NY 11040. |
Spend
money |
Retail unload (Primary) |
$1.00 |
Per unload, plus retail fees, if any |
POS PIN debit purchase |
$1.50 |
Per any domestic PIN based transaction |
POS signature purchase |
$1.00 |
Per any domestic Signature based transaction |
Bank teller withdrawal |
3% with $5.00 minimum |
Per withdrawal. 3% or $5.00 minimum charge of the amount
whichever is greater plus bank operator fees, if any. |
POS PIN purchase (declined) |
$0.50 |
Per declined domestic PIN based transaction |
POS SIG purchase (declined) |
$0.50 |
Per declined domestic Signature based transaction |
Get
Cash |
|
|
ATM withdrawal US |
$2.50 |
Per withdrawal, plus any third-party ATM operator fees,
if any |
ATM withdrawal (declined) |
$0.50 |
Per declined domestic ATM transaction |
Information |
|
|
Customer service (automated system) |
$0.35 |
3 free calls per month, each call $0.35 thereafter.
Refer to Sections 21. “Obtaining Balance and Transaction
Information for Your Card; Periodic Statements
Alternative” and 33. “Delivery of Electronic
Communications” of the Cardholder Agreement. |
Balance Inquiry via Live Agent |
$2.00 |
Per balance inquiry conducted through a live customer
service representative. Refer to Sections 21 and 33 of the
Cardholder Agreement |
ATM balance inquiry |
$0.75 |
Per inquiry, plus third-party ATM operator fees, if any |
ATM balance inquiry (declined) |
$0.50 |
Per declined inquiry, plus third-party ATM operator
fees, if any |
Using
your card outside the U.S. |
|
|
ATM withdrawal (int'l) |
$4.95 |
Per withdrawal, plus the foreign transaction surcharge
and third-party ATM operator fees, if any |
ATM withdrawal (declined) (int'l) |
$2.00 |
Per declined international ATM transaction |
ATM balance inquiry (int'l) |
$1.50 |
Per inquiry, plus third-party ATM operator fees, if any |
POS PIN debit purchase (int'l) |
$3.50 |
Per any international PIN based transaction |
POS signature purchase (int'l) |
$2.95 |
Per any international Signature based transaction |
POS PIN purchase (declined) (int'l) |
$3.00 |
Per declined international PIN based transaction |
POS SIG purchase (declined) (int'l) |
$2.00 |
Per declined international Signature based transaction |
Other |
|
|
Inactivity |
$4.95 |
Monthly, after each 90-day period in which you do not
load or unload fund to your Card Account or use your Card
Account to make a purchase or an ATM withdrawal or until new
activity is conducted. |
Account Closure / Balance Refund |
$10.00 |
See Section 28. “Amendment and Cancellation”
terms when applicable and not applicable in the Cardholder
Agreement. |
Bill Pay (Merchant Initiated) |
$2.00 |
Per payment made to a merchant using your Account
Number. |
Electronic Withdrawal |
$1.00 |
Per withdrawal sent to a 3rd Party account |
Replace Card |
$5.00 |
Per lost, stolen, or damaged card replacement requested |
Expedited replacement card |
$21.95 |
Fee for expedited card delivery |
Register your card for FDIC insurance eligibility
and other protections. Your funds will be held at or transferred to
Metropolitan Commercial Bank, an FDIC-insured institution. Once
there, your funds are insured up to $250,000 by the FDIC in the
event Metropolitan Commercial Bank fails if specific deposit
insurance requirements are met and your card is registered. See
fdic.gov/deposit/deposits/prepaid.html
for details.
No overdraft/credit feature.
Contact Expanse Financial Technologies, Inc. – NexsCard by
calling (800)
221-6504, by mail at Expanse Financial Technologies, Inc. -
NexsCard P.O. Box 307, New Hyde Park, NY 11040, or visit www.nexscard.com.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a
complaint about a prepaid account, call the Consumer Financial
Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.