This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the Hola Wallet Prepaid VISA has been issued to you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from VISA, 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. In this Agreement, "Card" means the Hola Wallet Prepaid VISA issued to you by Metropolitan Commercial Bank, including any Secondary Card(s) you may request. "Card Account" means the custodial sub-account we maintain on your behalf to account for the transactions made with your Card, Card Number or Account Number. "Card Number" is the 16-digit number embossed on your Card. "Account Number" means the 13-digit number used to identify your Card Account. "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," and "our" mean Metropolitan Commercial Bank, our successors, affiliates or assignees. The Card will remain the property of Metropolitan Commercial 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 may also 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 warrant factual representation of the required information is 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 falsify, misrepresent, or fail to provide requested information, 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.
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 been able to verify your identity. You may access the funds in your Card Account by using your Card, Card Number, 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.
THE FEES RELATING TO THE USE (AND MISUSE) OF YOUR CARD ARE SET FORTH IN THE "SCHEDULE OF FEES AND CHARGES" 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 entitled, "Amendment and Cancellation." If you request a service that is not included in this "Schedule of Fees and Charges" and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Card Account.
You may request an additional Card ("Secondary Card") to allow another person to access the funds in your Card Account. The maximum number of additional Cards permitted is 1. If you permit another person to have access to your Card or Card Number, you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred, by those persons. To cancel an additional card, telephone toll free number on the back of your Card or administrative office at 800-936-8493 and you must follow-up not later than 10 business days with the written notification to revoke permission for any person you previously authorized to use your Card. Until we have received your notice of such a revocation (cancelation) and have had a reasonable time to act upon the written notification of cancelation, 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) another person’s use of your 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 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 entitled "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, and (4) withdraw cash from your Card Account (as described in the Section below entitled "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" attached to this Agreement. You agree not to use your Card for illegal gambling or any other illegal purpose.
We will provide you our bank routing number and assign you a 13-digit Account Number once your identity has been verified. The bank routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Card Account. The 16-digit Card Number embossed on your Card should not be used for this type of transaction or it will be rejected. You are not authorized to use the bank routing number and Account Number if you do not have sufficient funds in your Card Account.
The total amount of purchases and cash withdrawals (including withdrawals inside a bank office) that you can perform in any single day is limited to the amounts set forth in the enclosed Schedule A – Cardholder Fees and Transaction Limits. The maximum aggregate value of your Card Account(s) is restricted to $10,000 at any point in time. We will determine any maximum value by aggregating the activity and value of all Card Accounts you may have with us. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card.
We will give you a PIN that you may use with your Card once your identity has been verified. Only one (1) 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 advise us immediately, following the procedures in the Section below entitled "Your Liability for Unauthorized Transfers."
You may add funds to your Card (called “value loading”) at any time. The number of times you are allowed to load funds on your card during the course of a day is limited to 2 and your daily load limit is $10,000. Note: Some reload locations may have limits on the minimum amount you may load to your Card. Absent special approval, the maximum aggregate value of funds in your Card Account(s) may not exceed $10,000 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 may also assess a fee to load funds to your Card Account. You cannot load your Card Account by check or money order. You may also direct deposit funds to your Card Account by providing our bank routing number and your assigned Account Number to your employer or other direct deposit payer (as described in the Section above entitled “Card Account Use and Purpose”).
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 Cirrus® or STAR ®brand, or (ii) obtain cash at merchants or banks that have agreed to provide cash back at POS terminals bearing the VISA®. 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 $2,000 as described in the Section above entitled “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.” 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)
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 prior to swiping your Card, your Card is likely to be declined.
If you initiate a transaction without presenting your Card (such as for a mail order, Internet or telephone purchase, or an ACH debit purchase), the legal effect will be the same as if you used the Card itself.
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.” 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 should you create one or more negative balances with your Card.
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 entitled “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 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 sixty (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 prior to using your Card.
If you intend to use the 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 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: and you have told us in advance to make regular payments (i.e., Recurring Transactions) from your Card Account, you can stop the payment by notifying us orally at 1-877-392-9942 or in writing to 2690 Cobb Parkway Suite A5-232 Smyrna, GA 30080 at least three (3) 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 (3) 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 payment, you should also contact the applicable merchant in order to stop the transaction.
If you have arranged to have direct deposits made to your Card Account at least once every sixty (60) days from the same person or company, you can call us at 1-877-392-9942 to find out whether or not the deposit was made.
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 (5) days from the date the refund transaction occurs.
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 the number on the back of your Card. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise 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 entitled “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 its rights under this Agreement without losing them.
If you initiate a transaction in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by VISA® Incorporated into an amount in the currency of your Card. VISA Incorporated will establish a currency conversion rate for this convenience using a rate selected by VISA Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate VISA Incorporated itself receives, or the government mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us. If you obtain your funds in a currency or country other than the currency or country in which the Card was issued, we may increase the currency conversion rate (See “Schedule of Fees and Charges”) up to an additional 2% of the transaction amount and will retain this amount as compensation for our services. This charge is independent of and in addition to the currency conversion rate established by VISA Incorporated.
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 receipt 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.
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 120-day 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 120-day written history of account transactions by calling the number on the back of your Card, writing us at 2690 Cobb Parkway, Suite A5-232 Smyrna, GA 30080, or calling our administrative office at 800-369-8493.There may be a fee for obtaining a written history (see the “Schedule of Fees and Charges” accompanying this Agreement).
In no event will we 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, 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 lost or stolen; (6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) If we have reason to believe the requested transaction is unauthorized; (8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; (9) Any other exception stated in our Agreement with you.
Telephone us at the number on the back of your Card or write to us at 2690 Cobb Parkway, Suite A5-232 Smyrna, GA 30080 as soon as you can, if you think an error has occurred in your Card Account. If your Card receives wages, salary, or other employee compensation that are made on a recurring basis or you receive electronic deposits of Federal payments to your Card, the following provisions of this Section also apply: 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 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 us at the number on the back of your Card, writing to us at 2690 Cobb Parkway, Suite A5-232 Smyrna, GA 30080 or calling our administrative office at 800-369-8493. 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 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 provisionally credit your Card within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card. For errors involving new Card Accounts, POS transactions, 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 for the amount you think is in error. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your 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 us at the number on the back of your Card. If your Card does not receive wages, salary, or other employee compensation that are made on a recurring basis or does not receive electronic deposits of Federal payments, all of this Section applies, except we will not credit your Card Account until our investigation is complete and we have determined an error occurred.
If you believe your Card or Access Code(s) (“PIN”) has been lost or stolen, call the number on the back of your Card or our administrative office at 800-369-8493 or write to us at 2690 Cobb Parkway, Suite A5-232 Smyrna, GA 30080. You should also call the number or write to the address shown here if you believe an electronic transfer has been made using the information from your Card or Access Code(s) (“PIN”) without your permission.