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By Telephone |
1-866-647-6929 |
Live Agent Hours: Monday-Friday, 8 a.m. to 10 p.m. CT; Saturday-Sunday 8 a.m. to 8 p.m. CT |
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You may leave a message for Customer Service outside these hours. |
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By Mail |
NetSpend, P.O. Box 2136, Austin, Texas 78768-2136 |
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By Website |
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Visit the NetSpend Online Account Center for more information about your Account and the services available to you. |
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN THE SECTION ENTITLED “RESOLUTION OF DISPUTES BY ARBITRATION.”
ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE IN YOUR ACCOUNT. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE THE ACCOUNT BALANCE.
BY OPENING OR MAINTAINING THIS ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. THIS AGREEMENT INCLUDES THE FOLLOWING DISCLOSURES (1) THE SCHEDULE OF ACCOUNT FEES AND TERMS, (2) ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (“E-SIGN”) DISCLOSURE, (3) OUR PRIVACY POLICY, AND
(4) ANY ADDITIONAL DISCLOSURES REGARDING YOUR ACCOUNT AND/OR RELATED FEATURES OR SERVICES THAT THE BANK MAY PROVIDE TO YOU FROM TIME TO TIME.
AS EXPLAINED IN FURTHER DETAIL IN THE E-SIGN DISCLOSURE, AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS OR DISCLOSURES RELATED TO YOUR ACCOUNT AND ANY RELATED PRODUCTS AND SERVICES IS A CONDITION OF THIS ACCOUNT, MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS AND DISCLOSURES ELECTRONICALLY YOU UNDERSTAND THAT WE WILL IMMEDIATELY CLOSE YOUR ACCOUNT.
WE MAY CLOSE THE ACCOUNT AT ANY TIME, WITH OR WITHOUT CAUSE
(SEE THE “CLOSING AN ACCOUNT” SECTION BELOW FOR MORE INFORMATION).
This Deposit Account Agreement (“Agreement”) sets forth the terms and conditions under which the NetSpend All- Access Account by MetaBank (“Account”) has been established for you by MetaBank. “Accountholder”, “you” and “your” means the person who has opened and owns the Account. “We,”“us, “our,” and “Bank” mean MetaBank, Member FDIC, our successors, affiliates or assignees. “NetSpend” refers to NetSpend Corporation, who performs certain services related to your Account on our behalf.
Please read this Agreement carefully and keep it for future reference.
When used in this Agreement:
• “Access Device” means your Card, PIN, Password, and any other code or device that we make available to access your Account.
• “ACH” means the Automated Clearing House network, a funds transfer system governed by the NACHA (National Automated Clearing House Association) rules, that provides funds transfer services to participating financial institutions.
• “Actual Balance” is the aggregate amount of funds in your Account according to our records, and includes electronic credits and all deposits. Your Actual Balance may be different than your Available Balance.
• “Annual Percentage Yield” or “APY” is the total amount of interest paid on an Account, based on the interest rate and the frequency of compounding for a 365- day period (366-day period in a leap year), and is expressed as a percentage.
• “ATM” means Automated Teller Machine.
• “Available Balance” is the amount of funds available for withdrawal and authorizing transactions, which may be different than your Actual Balance. The Available Balance is reduced by 1) the amount of pending transactions, such as a point-of-sale transaction; 2) funds on hold in accordance with our funds
availability policy; 3) our receipt of notice that a transaction will be presented or returned; or 4) our receipt of legal process relating to your Account.
“Business Day” means any day of the week that is not a Saturday, Sunday or federal holiday. Any references to “days” found in this Agreement means calendar days unless indicated otherwise. Non-Business Days are considered part of the following Business Day.
“Card” means the NetSpend All-Access Account by MetaBank Debit Card that may be used to access your Account as further described in the section below titled “Using Your Account.”
“Direct Deposit” means an ACH credit intended for, or posted to, your Account. A Direct Deposit may include payroll, pension, state or federal payments (including Social Security benefits), from your employer or other originator.
“Financial Service” means your Account or any financial product or service made available through the OAC or Mobile App or otherwise in connection with your Account.
”Schedule of Account Fees and Terms” or “Fee Schedule” refers to the document listing fees applicable to your Account, which is attached at the end of the Agreement. Please note: Fees referenced throughout this Agreement can be found in the Schedule of Account Fees and Terms included below and on www.netspend.com.
“Item” means service charges, electronic items or transactions, drafts, preauthorized payments, automatic transfers, telephone initiated transfers, ACH transactions, online banking transfers or bill payment instructions, adjustments, and any other instruments or instructions for the payment, transfer, or withdrawal of funds.
“Password” means the user name and password that you use to access the OAC and/or Mobile App.
“PIN” means a Personal Identification Number used in connection with your Card to conduct Account transactions, as further described in the section below titled “Using Your Account.”
“Mobile App” means the mobile application made available to you by the Bank or its service provider through which you may obtain information regarding, and otherwise manage, your Account.
“Online Account Center” or “OAC” means the website made available to you by the Bank or its service provider appearing at www.netspend.com, through which you may obtain information regarding, and otherwise manage, your Account.
“Virtual Card” (as further described in the section labeled “Virtual Card”) means a temporary Access Device issued to you by Bank that you may elect to obtain to access your Account for telephone or online transactions, without needing to present your Card.
and restrictions of such insurance. The FDIC website at www.fdic.gov allows you to determine the amount of your deposits which are insured. For more information, please contact the FDIC directly at 1-877-ASKFDIC (1-877-275-3342).
In order to open an Account, you must provide all of the personal and financial information required from you and pass the mandatory identification verification described below. In addition, you must activate the Card you received from us in connection with your Account. To activate your Card, you must call 1-866-647- 6923 or visit www.netspend.com. You will select a PIN when you activate your Card.
You agree to pay the charges as shown on the Fee Schedule. As these charges are incurred, we will deduct the charges directly from your Account. We will not be liable for dishonor of any Item resulting from our deduction of any charges as authorized by this Agreement. NOTE: Fees assessed to your Account balance may bring your Account balance negative. Any time your Account balance is less than the fee amount being assessed to your Account or your Account
phone) you need to ensure that the merchant is using the ACH system to process the transaction as an electronic debit, as ACH is an accepted form of payment for your Account. If the merchant processes a payment as a check, the check will be rejected and not paid. You may be charged a fee by the merchant if this happens. You may not use your Card number or your Account number and our routing number in connection with the creation and/or negotiation of any financial instruments, such as checks, which we have not authorized.
at any time.
All Accounts are opened subject to our ability to verify your identity by requiring acceptable types of identification. We may validate the information you provide to us to ensure we have a reasonable belief of your identity. If we are not able to verify your identity to our satisfaction, we will not open your Account or we may close the Account if it was previously funded. We reserve the right to not open an Account for anyone in our sole discretion. We may also limit the number of Accounts that you have in our sole discretion.
(iii) you have read this Agreement and agree to be bound by and comply with its terms.
Generally, we are required to report annually to you and to the Internal Revenue Service (“IRS”) interest payments that total $10 or more during the year on your Account with us. We may also be required to report this information to the appropriate state revenue authority.
When you open an Account, we are required to obtain, and each U.S. citizen or resident alien must give us, a certified U.S. Taxpayer Identification Number (“TIN”) and information regarding your backup withholding status. If you have a U.S. Social Security Number, this number is your TIN.
When you apply for an Account, you must certify as to whether or not you are a
U.S. person and that you have provided the correct TIN and the correct backup withholding status. If you do not provide this, or if the IRS notifies us that the name and TIN you gave us is incorrect, or if the IRS notifies us that you failed to report
all your interest and dividends on your tax return, we are required to backup withhold at the current backup withholding rate on interest paid to your account and pay it to the IRS. In some cases, a state and local tax authority may also require that we pay state and local backup withholding on interest paid to your account when we are required to pay backup withholding to the IRS. Backup withholding is not an additional tax. If you are subject to backup withholding, we are required to report to you and to the IRS regardless of the amount of the interest payment. You may claim amounts withheld and paid to the IRS as a credit on your federal income tax return.
For more information or to determine how this information applies to you, please consult your tax advisor.
You may deposit funds to your Account by:
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Deposit Method |
Limit |
Frequency |
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Direct Deposit or ACH transfers from a third-party financial institution |
No Limit |
Manual review may be conducted on deposits exceeding $15,000.00. |
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Cash remittances sent to us through the NetSpend Reload Network |
$7,500.00 |
Per transaction |
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$7,500.00 |
Per day |
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$15,000.00 |
Per 30-day period |
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Cash remittances sent to us by an eligible third-party money transmission service provider |
Limit and frequency of deposits varies based on service selected; please see third-party service terms and conditions for limits specific to the service selected. |
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Check deposits sent to us by an eligible mobile check deposit service provider |
Limit and frequency of deposits varies based on service selected; please see third-party service terms and conditions for limits specific to the service selected. |
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Funds transmitted to us electronically by an eligible third-party money transmission service provider (e.g., a non-ACH transfer through a third-party service provider) |
Limit and frequency of deposits varies based on service selected; please see third party service or third party financial institution terms and conditions for limits specific to the service selected. |
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Each deposit may be subject to a fee pursuant to the Fee Schedule. If you arrange to have funds transferred directly to your Account through an ACH credit, you must enroll by providing the Bank routing number and your Account number. You agree to present your Card and meet identification requirements to complete transactions as may be required. No other person can deposit money into your Account on your behalf, and we reserve the right to reject any such deposit. We will not accept any checks, money orders or cash mailed to us for deposit, or any inbound wire transfers to your Account. We are not liable for any checks, money orders or cash mailed to us.
We may, through the OAC or Mobile App, offer you additional ways to deposit money from time to time, and any terms, fees or limits applicable to any of these methods will be disclosed to you at the time they are offered to you.
Deposits may be made in a form and manner as agreed upon by us in our sole discretion. We are not responsible for deposits mailed to us. We may, at our sole discretion, refuse to accept particular deposits. Cash transfers are credited to your account according to this Agreement. Other items you deposit are handled by
us according to our usual collection practices. If an Item you deposit is returned unpaid, we will debit your Account, adjust any interest earned, and assess any other fee we pay or loss we incur. In addition, you are liable to us for all costs and expenses related to the collection of any amount from you. Funds deposited to your account are available in accordance with this Agreement. YOU CANNOT MAKE ANY KIND OF DEPOSIT THROUGH ANY ATM.
All Items are credited subject to final settlement in cash or credits. We shall have the right to forward Items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such Items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such Items in accordance with the rules and regulations of the
clearinghouse. If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. We may refuse to accept funds for deposit to your Account for any reason and may, at our discretion, return such funds to the originator. We may charge back any
deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited Items or for any damages resulting from any of those actions.
Each time you make a purchase, you authorize us to reduce the Available Balance in your Account by the amount of the transaction and applicable fees. You
may not exceed the Available Balance in your Account through an individual transaction or a series of transactions – unless we decide, in our sole discretion, to approve such transaction(s) because you have (a) qualified for Purchase Cushion coverage or (b) opted to participate in and have qualified for the Debit Card Overdraft Service. If you do not qualify for either the Purchase Cushion or the Debit Card Overdraft Service (each defined in more detail below), and any
transaction(s) exceeds the balance of the funds available in your Account, you will remain fully liable to us for the amount of the transaction(s) and any applicable transaction fee(s). You agree to pay us promptly for the negative balance. If you have not deposited sufficient funds to your Account to cover the negative balance within sixty (60) days of its creation, we may close your Account. Additionally, we have the right to pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Account(s) you may have with us. In all instances described above, deposits to your Account may be made via any of the deposit methods described in this Agreement.
You are responsible for all obligations arising out of the ownership and maintenance of your Account, including the amount of any deposits to the Account and for which the Account was credited, any negative balances on your Account, any service charges to the Account, or losses arising from the breach of any representation or warranty you make to us in this Agreement or under
applicable law, and the costs we incur to enforce our rights under this Agreement or to collect any sum you owe us under this Agreement, including, to the extent permitted by law, our reasonable attorney’s fees. You may not use your Account for any illegal transactions. You may use your Account to:
Withdraw cash via ATM or POS transaction. With your PIN, you may use your Card to obtain cash from any ATM or any Point-of-Sale (“POS”) device, if and as permitted by the relevant merchant, bearing an acceptance mark displayed on the Card. ATM transactions are treated as cash withdrawal transactions. You may also obtain your Account balance through certain ATMs. A fee may be associated with the use of your Card to obtain cash
or Account balance information. For information about these fees, please see the Fee Schedule below. In addition, some or all transactions may be subject to a surcharge assessed by the terminal owner. Any cash withdrawn through an ATM or POS device transaction, or through a participating bank, will be subject to the limitations set forth in the section below labeled “Limits.” Cash withdrawals are available up to the daily authorization limits disclosed below, provided the Available Balance in your Account is greater than or equal to the amount requested plus any fees that may be charged along with the cash disbursement. Cash withdrawals may also be subject to varying daily limits at the terminal owner’s discretion. If you use your Card and PIN to obtain Account balance information through an ATM, please note that the balance information provided may not reflect recent transactions and may include funds that are not available for
immediate withdrawal.
Deposit funds. You can arrange for Direct Deposits to your Account (see the “Account Funds” section for more information).
Preauthorize Credits/Debits. We accept, on your behalf, preauthorized credits and debits to your Account which allow unrestricted activity.
You may also arrange for recurring payments to merchants and other parties using bill pay services made available through eligible third-party bill payment service providers. We may conduct these transactions via ACH transfer. Each of these services has unique fees associated with the transaction – please see the Fee Schedule below. When you provide the party initiating the withdrawal or deposit with advance authorization
to make recurring ACH transfers to or from your Account, the transfers are referred to as “preauthorized transfers.” Because these preauthorized transfers are performed electronically through the ACH network, they are governed by federal regulations pertaining to EFT services. These regulations entitle you to certain benefits and protections in connection with the EFT services, such as the right to receive a copy of your written
authorization to debit your Account from the party that obtains it (see the “Preauthorized Transfers” section for more information).
Make purchases using your debit card. You may use your Card to purchase goods and services from merchants that accept Cards bearing an acceptance mark displayed on the Card as a method of payment.
Pay bills directly by telephone or online from your Account in the amounts and on the days you request. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself.
Make transfers to other accounts. By using a transfer option available on your Account within the OAC or Mobile App, you may direct that funds be transferred from your Account to: (i) other accounts you own and hold; (ii) other accounts you own and hold at certain other financial institutions;
or (iii) third-party accounts held by other people or at other financial institutions. See the OAC or Mobile App for additional information. Once a transfer has occurred, it is irrevocable.
Make transfers to your optional linked Savings Account (“Savings Account”). You may transfer funds to an optional linked Savings Account. Separate terms and conditions apply to the Savings Account; see the OAC for additional information.
You may use your Account to purchase or lease goods or services as long as you do not exceed the value available in your Account. You are not authorized to use the bank routing number and account number to make a debit transaction if you do not have sufficient funds in your account (subject to applicable terms
or offerings below). These debits will be declined and your payment will not be processed.
we will not refund any Foreign Transaction Fee that may have been charged on your original purchase.
association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date. The conversion rate selected by the network is independent of the Foreign Transaction Fee that we charge as compensation for our services.
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Spend Method |
Limit |
Frequency |
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Point-of-Sale Purchase Transactions (PIN-based or Signature-based) |
$5,000.00 |
Per transaction |
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Cash Withdrawals at a Financial Institution (OTC Cash Withdrawal) |
$5,000.00 |
Per transaction |
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ATM Cash Withdrawals (domestic or international) |
$400.00 |
Per transaction |
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$1,000.00 |
Per day |
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Funds transmitted to a third party (person or account) electronically by an eligible third-party money transmission service provider (e.g., a non-ACH transfer through a third- party service provider) |
Limit and frequency of deposits varies based on service selected; please see third party service or third party financial institution terms and conditions for limits specific to the service selected. |
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Preauthorized Debits to a third-party (person or service provider) |
Limit and frequency of deposits varies based on service selected; please see third party service or third party financial institution terms and conditions for limits specific to the service selected. |
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You will select a PIN when you activate your Card. With your PIN, you may use your Card to make purchases at any POS device, or to obtain cash from any ATM or any POS device, if permitted by the merchant, bearing an acceptance mark displayed on the Card. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Lost or Stolen Cards; Unauthorized Transactions” below.
You will be able to review Account transactions and Account statements through the OAC. We will send you an email that your Account statement is available on the OAC, and the Account statement shall be deemed received on the date that it is posted to the OAC. You will get a periodic statement for each monthly cycle in which an electronic fund transfer has occurred. If no transfer has occurred, a periodic statement will be provided at least quarterly. In any case, you will get the statement at least quarterly, and all EFT transactions since the last statement will be reported on your statement. If your Account is dormant, we may stop sending you account statement emails, posting statements to the OAC or both.
Your Account is dormant if your Account has not had any customer-initiated activity, that is, no purchases; no cash withdrawals; no cash remittances; or no balance inquiry fees for 365 consecutive days. For security reasons, we may refuse a withdrawal or transfer from Accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction’s authorization.
If you were issued a Card bearing the VISA® acceptance mark, procedures are in effect that wilI result in transactions being processed as either a Visa debit transaction or a PULSE transaction if you do not enter a PIN. Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should
you choose to use the PULSE network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable ONLY to Visa debit transactions as described in this Agreement will NOT apply to transactions processed on the PULSE network. Please refer to the section below labeled “Lost or Stolen Cards; Unauthorized Transactions” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions. To initiate
a Visa debit transaction at the POS, use your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
The Account may only be owned and titled in the name of one individual. Account ownership is non-transferrable. The Account cannot be owned or titled jointly,
by an organization, as Payable on Death or In Trust For. You may not permit another person to have access to your Card or Account. If you do provide access to your Card or Account, you are liable for all transactions incurred with the Card or Account. You are wholly responsible for the use of each Card according to
the terms of this Agreement subject to the section labeled “Lost or Stolen Cards; Unauthorized Transactions” below, and other applicable law.
With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Account may be “preauthorized” for an amount
greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. You do not
have the right to stop payment on an authorized purchase transaction, except as otherwise provided herein.
If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier.
We may terminate access to the Account at any time for any reason, including without limitation (i) with respect to any recipient of transfers, if we believe in our sole discretion that there are an excessive number of disputes involving customer use, or (ii) with respect to any third party, if we believe in our sole discretion that
the third party has initiated disputes without reasonable cause or in bad faith. We also may reject a transaction or restrict your access to the OAC or Mobile App to make further transactions at any time if we believe the security of your Account or the OAC or Mobile App is at risk or any fraudulent or illegal activity may be occurring, including evidence of unusual activity in your Account.
you have preauthorized to debit your Account, you must first contact the merchant to request that the recurring payment be cancelled. If you have arranged for recurring payments to a merchant using the bill pay services available through an eligible third-party service provider, you should first contact the applicable third-party service provider to cancel the recurring payment. If the merchant or bill payment service provider with whom you have arranged recurring payments from your Account is unable or unwilling to stop your payment, you can call or write to Customer Service to request a stop on such payment. We must receive your request at least
three (3) Business Days before the payment is scheduled to be made. Such a stop payment request will cancel one (1) recurring payment. If you want to permanently stop all recurring payments to a specific merchant then we require you to put your request in writing and get it to us within fourteen
(14) days after you tell us you want to stop such payments. There is a fee associated with each stop payment order you give to us. For information about the fee, please see the Fee Schedule below.
you set.
If you are entitled to a refund for any reason for goods or services obtained with your Account, the return and refund will be handled by the merchant. If the merchant credits your Account, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.
We are not responsible in any way for any goods or services you decide to purchase, including without limitation, their quality, safety, legality or delivery. We will not become involved in any dispute involving such goods or services. You also agree to release us and our respective directors, officers, employees and agents from any and all claims, demands and damages between persons using and accepting the Card associated with your Account, including any claims, demands or damages arising out of or related to the purchase or sale of goods or services.
You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.
If you do not have enough funds available in your Account, you may be able to instruct the merchant to charge a part of the purchase to the Account and pay the remaining amount with another form of payment. These are called “split
transactions.” Some merchants do not allow split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
You agree to notify us of your intention to close your Account, and we reserve
the right to request that your notice be in writing that affirmatively acknowledges that closing the Account could affect your receipt of Financial Services. After
an Account is closed, we have no obligation to accept deposits or pay any outstanding Items, but we may do so at our option. You agree to hold us harmless for refusing to honor any Item on a closed Account.
We may close your Account at any time with or without cause. We may try to notify you in advance should this be necessary, but we are not obligated to do so. If we close your Account, we will, unless otherwise required by law, send you a
check for your final balance, if any, minus any applicable Account fees and charges. If your Account balance is insufficient to pay applicable Account fees and charges owed to us, you will continue to be liable to us for the unpaid amount until it is paid in full. Your obligations for transactions conducted prior to Account closure will survive the closure of the Account and termination of this Agreement.
Your Account has a variable interest rate. That means we may change the interest rate and Annual Percentage Yield as often as we choose, without limits and without notice. Interest begins to accrue on the Business Day an Item is deposited. To obtain current rate and annual percentage yield information, please call us at the Customer Service Phone Number above or visit the OAC.
the Period. The average daily balance is calculated by adding the principal in your Account for each day of the Period and dividing that figure by the number of days in the Period.
If you need to replace your Card for any reason, please contact Customer Service. You will be required to provide personal information which may include your Card number, full name, transaction history, and similar information to help us verify your identity. There is a fee for replacing your Card. For information about the fee, please see the Fee Schedule.
Please note that your Card has a “Valid Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. You will not be charged a fee for replacement Cards that we send due to expiration of the Card.
ACCOUNT SERVICES ARE NOT AVAILABLE AT METABANK RETAIL LOCATIONS. Should
you attempt to make a deposit or withdrawal at a MetaBank bank location, you will be directed to contact Customer Service.
The length of the delay varies depending on the type of deposit and is explained below. When we delay your ability to withdraw funds from a deposit, you may not withdraw the funds in cash. Even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for deposits that are returned for any other problems involving your deposit.
When we delay your ability to withdraw funds, the length of the delay is counted in Business Days from the day of your deposit. If you make a deposit before the close of business on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business or on a day that we are not open, we will consider the deposit made on the next Business Day we are open.
We may accept, pay, certify, or charge Items to your Account in the order we choose. Even if we provisionally post Items to your Account during the day, we may treat them as if we received all of them at the end of the day. We do not necessarily process transactions with regard to the fees that you may incur for insufficient balances.
Generally, your deposits and withdrawals are processed as follows:
Unless manual review is needed, Direct Deposits and any other ACH credits are added to your Available Balance at the time we receive and process
the applicable ACH file or at the time we receive pending deposits that are immediately available for your use. ACH debits are deducted from your Available Balance in the order of lowest to highest dollar amount if multiple ACH debits are present in a single ACH file that we process.
Transactions received real-time during the day are processed as they occur. Debit transactions received during the day are debited from your Account as they occur if there is a sufficient Available Balance in the Account to pay them (for example, ATM and other Card transactions). Please note: Your Available Balance may not reflect every transaction you have initiated or previously authorized (e.g., pre-authorized debit transaction holds that are later released).
Fees for services we provide that have not already been debited from your Account are deducted from your Available Balance.
For more information on the following product features or services, contact Customer Service or visit the OAC and Mobile App for additional information.
Your Account includes access to an optional linked Savings Account. Separate terms and conditions apply to the Savings Account. See your OAC for more information.
Your Account includes access to the optional Debit Card Overdraft Service as described below.
the Available Balance of your Account, subject to the applicable fees and limitations described herein, and we reserve the right to pay Overdrafts
at our discretion, which means we do not guarantee that we will always authorize and pay any type of transaction. If we do not authorize the transaction, it will be declined. We may deactivate your use of the Service at any time, including if you incur too many Overdrafts. If you choose to participate in the Service, it is that program only that will provide coverage, at our discretion, for any negative balances. If you opt-out of the Service or your participation in the Service ends or is suspended for any reason, and you have continuously used and maintained your Account in accordance with the terms of this Agreement, the Purchase Cushion feature may be made available to you at our discretion (see the “Purchase Cushion” section for more information).
Review and accept the terms pertaining to the Service;
Enroll in the Service (i.e., opt-in) by visiting www.netspend.com or by calling Customer Service;
Have a positive Account balance at the time of Service activation; and
Receive Direct Deposits totaling at least four hundred dollars ($400) to your Account within thirty-five (35) days
of enrollment.
The Service will be activated on your Account within twenty-four (24) hours after you satisfy each of the steps above. Direct Deposits received prior
to your enrollment in the Service will be considered for the purpose of determining your eligibility for activation of the Service. After activation of the Service, you must continue to receive Direct Deposits to your Account totaling at least $200.00 every thirty (30) days. If you fail to receive Direct Deposits totaling at least $200.00 every thirty (30) days after Service activation, or your Account has a negative balance for more than thirty (30) days, or if you overuse the Service (as determined in our sole discretion), the Service will be immediately deactivated. Your Account will remain open to receive credits and deposits, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to conduct any transactions using your Account, including any Card transactions, until your Account has a positive balance (i.e., sufficient funds to cover the negative balance). If the Service is deactivated, you must again satisfy each of the steps described in this paragraph in order to reactivate the Service.
(30) days on three separate occasions or on any one occasion for more than sixty (60) days, the Service may be permanently deactivated. Further, we have the right to pursue collection of any amounts owed at our sole and absolute discretion.
If you have enrolled in the Service and meet our eligibility requirements, we may authorize and pay Overdrafts resulting from PIN- and signature-based purchase transactions initiated using your Card and ATM withdrawals. ACH debit transactions, including those initiated through third-party bill pay service providers, are not eligible for coverage. It is important to keep track of the Available Balance in your Account because it will be your responsibility to determine if you have overdrawn your Account, the day and time the Overdraft occurred, and the amount of any Overdraft that
is approved.
You agree that within thirty (30) days of any Overdraft occurrence on your Account you will add sufficient funds to bring your Account back to a zero or positive Available Balance, or that you will otherwise immediately pay such amount(s) to us in full upon demand. You acknowledge that your participation in the Service and the settlement by us of any transactions exceeding your Available Balance does not constitute a contractual
open-end line of credit. Our authorization or settlement of any transaction on one or more occasions does not obligate us to authorize or settle future transactions. We may refuse the authorization or settlement of any transaction for you at any time. We have no obligation to notify you before we approve or decline a transaction that would result in an Overdraft in your Account.
to any other fees ordinarily applicable to a transaction on your Account as disclosed in your Agreement.
|
Fee associated with the Service |
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|
Overdraft Fee |
Fee is applied for each transaction that overdraws your Account by more than $10.00, up to a maximum of four (4) Overdraft Fees per calendar month. |
$15.00 |
|
Multiple Overdraft Fees may be charged if multiple Overdraft transactions are approved on the same day. Transactions are not always processed in the order in which you make them. The order in which the transactions are received and processed can affect the balance of funds available in your Account and the total amount of Overdraft Fees assessed to your Account. Transactions are processed in the order we receive them for settlement, except that multiple ACH debit transactions received on the same day are processed in order from smallest to largest (see the“Availability of Funds”section for more information). |
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We will send an email notification to your email address as reflected in our records (and an SMS text message if you are enrolled in text alerts, message and data rates may apply) when an Overdraft occurs. We will tell you where and when the transaction occurred and its amount. If the Overdraft was the first transaction to cause your Account balance to be overdrawn by more than $10.00, we will also tell you when the Grace Period ends for purposes of avoiding payment of the Overdraft Fee(s).
Fee is assessed (if applicable), and (4) the Service is activated or deactivated on your Account. We may also send other email notifications about the Service from time to time. We are not responsible for loss of messages and other consequences if you do not provide an accurate and current email address (see the “Change of Address” section for more information).
The Service is offered in our sole and absolute discretion, and as such, we may elect to deactivate the Service at any time, refuse to authorize any transaction that exceeds your Account balance, modify eligibility or
activation requirements, and/or modify or change the Overdraft Fee, limits, or any other aspect of the Service. We will send you a notice of changes to this Service as required by law or regulation.
The Purchase Cushion is a special feature available exclusively to Accountholders who have received qualifying Direct Deposits of paychecks and/or government benefits payments totaling at least $500.00 within one (1) calendar month.
You generally do not have the right to make transactions or incur fees in amounts exceeding the Available Balance of your Account. We reserve the right to deny any transaction if available funds in your Account are insufficient to cover any transaction, fees, or other charges. However, as a non-contractual courtesy, and in our sole discretion, upon qualifying for the Purchase Cushion, we may from time-to-time approve Card purchase transactions that you request that create up to a $10.00 negative balance in your Account. We refer to this feature as the “Purchase Cushion.”
of its creation you will deposit sufficient funds to your Account to cover the negative balance so that your Account has at least a zero or positive balance, or that you will otherwise immediately pay such an amount to us in full upon demand. If after thirty (30) days you have not added sufficient funds to cover your negative balance, your Account will remain open to receive credits and deposits, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to conduct any transactions using your Account, including any Card transactions, until your Account has a positive balance (i.e., sufficient funds to cover the negative balance).
Further, we have the right to pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Account(s) you may have with us. In all instances described above, deposits to your Account may be made via Direct Deposit or any of the other deposit methods described in this Agreement.
In the event your Account is closed or you voluntarily discontinue use of your Account, you will remain responsible for the negative balance in your Account and agree that any credits or deposits to your Account will be applied to offset any negative balance.
You acknowledge that a negative balance in your Account does not constitute a contractual open end line of credit. If we permit a negative balance on one or more occasions, we do not thereby obligate ourselves to permit a negative balance on any future occasion, and we may refuse to permit a negative balance for you at any time, even though we may have previously permitted negative balances up to the $10.00 limit for you. We have no obligation to notify you before we approve or decline a transaction that would result in a negative balance in your Account. Items will generally be processed in the manner described in the section above titled “Availability of Funds.”
To purchase or lease goods or services or make payments by telephone or online, without needing to provide your actual Card number, you may request up to six
(6) active Virtual Cards connected to your Account. You must first activate your Card with us before you can request a Virtual Card (see the section labeled “About Your Account” for instructions on how to activate your Card).
A Virtual Card consists of a 16-digit card number, a 3-digit security code, and an expiration date. Each Virtual Card expires one (1) year from the last day of the calendar month during which the Virtual Card was created (e.g., a Virtual Card created on February 24, 2017 will expire on February 28, 2018). All use of your Virtual Card will be subject to the terms and conditions of this Agreement.
Your use of and access to the NetSpend OAC and Mobile App is governed by this Agreement and any terms and conditions applicable to the OAC or Mobile App. You may use the OAC and Mobile App to obtain Financial Services through your personal computer or mobile device (e.g., tablet or smartphone) on your linked Account. You must have a mobile device capable of downloading Java applications and making data connections to the Internet. You must be authorized to use and incur charges on your mobile device cellular account in relation to obtain Financial Services through the Mobile App or through a mobile- optimized version of the OAC.
Direct fund transfers from your linked Account on either a one-time or recurring basis;
View current balance information for your Account and any linked Savings Account;
Review available transactions on your Account;
Perform self-service Account maintenance such as requesting copies of monthly statements, changing address and phone, and changing your Password; and
Send and receive secure online mail messages regarding your Account.
Some of the above features and functionality may not be available on the Mobile App, the OAC, or through the mobile-optimized version of the OAC. Some of the above services may not be available for certain Accounts. We may offer additional mobile services and features in the future. Any such added mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new mobile service or feature is added and/or at the time of enrollment for the feature or service if applicable. If at any time your Account access is limited, blocked, or inactive, you may lose access to certain services, features, and functionality accessible through the Mobile App, OAC, or both.
We do not charge a fee for your access to, or use of, the OAC or Mobile App. However, please see the Schedule of Deposit Account Fees and Terms for any fees that may apply to your Account for transactions that you conduct, or services that you request or use, through the OAC or Mobile App. Also, you are responsible for web access and/or data or text message charges that may be billed by your mobile carrier. Check with your mobile carrier for details on specific fees and charges that may be applicable.
Internet Access. You certify that you have access to the Internet and a current e-mail address. You have sole responsibility for providing us with a correct and operational e-mail address. We will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify us of any change in your e-mail address.
Illegal, Fraudulent Or Improper Activity. You will not use the OAC, Mobile App, or any Financial Service for any illegal, fraudulent or improper activity. If we suspect that you may be engaging in or have engaged in fraudulent, illegal or improper activity, including a violation of any terms and conditions relating to the OAC, Mobile App, or any Financial Service, your access to the OAC, Mobile App, or any Financial Services may be suspended or terminated. You understand that access to and transactions in your Account may be suspended or terminated if an Access Device has been reported lost or stolen or when we reasonably believe that there is unusual activity on any of your Accounts. You agree to cooperate fully with us to investigate any suspected illegal, fraudulent or improper activity.
Login and Device Protection. You will not disclose your login credentials (user name or password) to any person. You understand and agree that the we may rely on the use of your login credentials to access your Account through the OAC and Mobile App and are therefore authorized to act upon instructions and information received from any person that enters your login credentials.
You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the OAC and Mobile App. You agree not to leave your computer or mobile device unattended while logged in; if you do we will not be liable for any damages. Log off immediately at the completion of each access by you, and secure access to your computer or mobile device, lock your mobile device, and take other steps necessary to stop unauthorized use of your Account, the OAC, and Mobile App.
Although considerable effort is expended to make the OAC, Mobile App and our other operational and communications channels consistently available, we do not warrant these channels to be available and error free at all times. You agree that we will not be responsible for any interruptions in service due to maintenance of, changes to, or failure of the OAC,
Mobile App or other communications channel. We may terminate your participation in the OAC, Mobile App or both for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obligated to do so.
If you believe your Card, Account Number, or PIN has been lost or stolen or used without your permission, please call Customer Service, write to Customer Service, or email us at customerservice@netspend.com. You should also call Customer Service, write to Customer Service, or email us at customerservice@netspend.com, if you believe a transfer has been made using the information from your Card, Account, or PIN without your permission.
Tell us AT ONCE if you believe your Card, Account, or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within 2 business days after you learn of the loss or theft of your Card, Account, PIN or other Access Device, you can lose no more than $50 if someone used your Card,
Account, PIN, or other Access Device without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, Account, PIN, or other Access Device, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. If your Card, PIN or other Access Device has been lost or stolen, we will deactivate your Card or other Access Device, as applicable, and issue you a new one to keep losses down.
Also, if your statement shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the FIRST Account statement on which the unauthorized transfer appeared was sent (or delivered through the OAC), you may not get back any money you lost after the 60 days if we can prove that we could have stopped
someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.
Call Customer Service, write to Customer Service, or email us at customerservice@ netspend.com, as soon as you can if you think your Account statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent (or delivered through the OAC) you the first statement on which the problem or error appears. You will need to tell us:
Your name and Card number;
A description of the error or the transaction you are unsure about;
An explanation of why you believe it is an error or why you need more information; and
The dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred
within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you
to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If you have
any further questions regarding our error resolution procedures, please contact Customer Service.
If you were issued a Card bearing the MasterCard® acceptance mark, your liability for unauthorized transactions on your Account is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. These provisions limiting your liability do not apply to debit transactions not processed by MasterCard or to unregistered cards.
If you were issued a Card bearing the Visa® acceptance mark, your liability for unauthorized transactions on your Account is $0.00 if you are not grossly
negligent or fraudulent in the handling of your Card. These provisions limiting your liability do not apply to debit transactions not processed by Visa.
We may disclose information to third parties about your Account or the transactions you make:
Where it is necessary for completing transactions;
In order to verify the existence and condition of your Account for a third party, such as merchant;
In order to comply with government agency or court orders, or other legal reporting requirements;
If you give us your written permission; or
To our employees, auditors, affiliates, service providers, or attorneys as needed.
Please see our Privacy Policy for information about how we collect, use and disclose your information.
If we do not complete a transaction to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
If a merchant refuses to accept your Card;
If an ATM where you are making a cash withdrawal does not have enough cash;
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;
If access to your Account has been blocked after you reported your Card or PIN lost or stolen;
If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
If we have reason to believe the requested transaction is unauthorized;
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;
In the case of pre-authorized credits, the data from the third party is not received, is incomplete or erroneous; or
Any other exception stated in our Agreement with you.
You are responsible for notifying us immediately upon any change to your address.
If your address changes to a non-US address, we may cancel your Account and return funds to you in accordance with this Agreement. You are responsible for notifying
us of any change in your physical address, mailing address, email address, phone number, or your name, no later than two (2) weeks after said change. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any e-mail messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your e-mail account available to any other individual, you agree that you are responsible for any release of any Account information to such individual. It is your sole responsibility to ensure that the e-mail address you provide to us is current and accurate. We are not responsible for loss of messages and other consequences if you do not provide an accurate and current e-mail address.
Regardless of where or how we are served, we may comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant relating
to you or your Account which we believe to be valid. You agree that we may honor legal process that is served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your
Account or records are maintained. You agree that we will have no liability to you for honoring any such legal process. You also agree that we will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law. We will also have and may enforce a right of setoff and security interest against any of your Accounts in order to reimburse us for our fees and expenses, including attorneys’ fees, court costs and expenses, in complying
with legal process. We may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed even if such action results in insufficient funds to satisfy an obligation you may have incurred. Upon receipt of any legal process, you will be liable to us for our processing fee, and reimbursement
for our record research, reproduction and handling costs. We may deduct such fee, as well as any expenses, including, without limitation, attorneys’ fees in connection with any such document or legal process, from your Account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process we believe
to be valid. When we receive an order instructing us to restrict access to funds in an Account, we may remove the funds from the account and maintain them separately. These funds will not earn interest and will not be considered as part of your combined balances when we determine account fees and rates.
Your Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Account is subject to all applicable rules of any association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law. Should your Account have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter addressed herein, and supersede any prior or contemporaneous understandings or agreements with respect to such subject matter.
We may change this Agreement at any time. We may add new terms or delete or amend existing terms, add new services and discontinue existing services, or convert existing services into new services. We will give you reasonable notice in writing or by any method permitted by law of an adverse change to this Agreement. However, if the change is made for security purposes, we can implement such change without prior notice unless otherwise required by law. We may, but are not required to, notify you of changes that we make for security reasons or that we believe beneficial or otherwise not adverse to you. When we change this Agreement, the then-current version of this Agreement supersedes all prior versions and governs your Account. If you continue to use your Account or keep it open, you are deemed to have accepted and agreed to any changes, as of the effective date of any such change. You may close your Account at any time by calling 1-866-647-6929. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Should your Account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in this Agreement.
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.
You agree that we or our agents may contact you at any telephone number you provide to us, including your cell phone number for any informational, non- telemarketing purpose related to your Account. You agree to receive these calls via an automatic telephone dialing system, messages, such as prerecorded or artificial voice messages, or text messages sent via an automated texting system. You understand your service provider may charge you for these calls/messages.
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
We have put this“Dispute Clause”in question and answer form to make it easier to follow. However, this Dispute Clause is part of this Agreement and is legally binding.
MetaBank
Attn: General Counsel 5501 S Broadband Ln Sioux Falls, SD 57106
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Question |
Short Answer |
Further Detail |
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What is arbitration? |
An alternative to court |
In arbitration, a third party arbitrator (“Arbitrator”) solves Disputes in an informal hearing. |
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Is it different from court and jury trials? |
Yes |
The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards. |
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Can you opt-out of this Dispute Clause? |
Yes, within 60 days |
If you do not want this Dispute Clause to apply, you must send us a signed notice within 60 calendar days after you establish an Account. You must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. Provide your name, address and Account number. State that you “opt out”of the dispute clause. |
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What is this Dispute Clause about? |
The parties’ agreement to arbitrate Disputes |
Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any“Dispute”as defined below. |
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Who does the Dispute Clause cover? |
You, us and certain “Related Parties” |
This Dispute Clause governs you and us. It also covers certain“Related Parties”: (1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us. |
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What Disputes does the Dispute Clause cover? |
All Disputes (except certain Disputes about this Dispute Clause) |
This Dispute Clause governs all“Disputes”that would usually be decided in court and are between us (or any Related Party) and you. In this Dispute Clause, the word“Disputes”has the broadest reasonable meaning. It includes all claims even indirectly related to your Account or this Agreement. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage or scope of this Dispute Clause or any part of this Dispute Clause. (This includes a Dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to decide. |
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Who handles the arbitration? |
Usually AAA or JAMS |
Arbitrations are conducted under this Dispute Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Dispute Clause do not apply. The arbitration administrator will be either:
If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Dispute Clause. The arbitrator will be selected under the administrator’s rules. However, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree. |
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Can Disputes be litigated? |
Sometimes |
Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court. However, we may demand arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis. |
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Are you giving up any rights? |
Yes |
For Disputes subject to this Dispute Clause, you give up your right to:
We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate. |
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Can you or another consumer start a class arbitration? |
No |
The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Dispute Clause must be decided in an individual arbitration or an individual small-claims action. This Dispute Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court’s ruling is not reversed on appeal. |
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What law applies? |
The Federal Arbitration Act (“FAA”) |
This Agreement and the Account involve interstate commerce. Thus, the FAA governs this Dispute Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings. |
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Will anything I do make this Dispute Clause ineffective? |
No |
This Dispute Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement. |
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What must a party do before starting a lawsuit or arbitration? |
Send a written Dispute notice and work to resolve the Dispute |
Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. You or an attorney you have personally hired must sign the notice and must provide the Account number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis. |
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How does an arbitration start? |
Mailing a notice |
If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Dispute Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator’s rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop. |
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Will any hearing be held nearby? |
Yes |
The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you. |
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What about appeals? |
Very limited |
Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator’s award. |
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Arbitration Fees and Awards. |
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Who bears arbitration fees? |
Usually, we do. |
We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay. |
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When will we cover your legal fees and costs? |
If you win |
If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator’s rules or if payment is required to enforce this Dispute Clause. The Arbitrator shall not limit his or her award of these amounts because your Dispute is for a small amount. |
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Will you ever owe us for arbitration or attorneys’fees? |
Only for bad faith |
The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Dispute Clause invalid. |
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Can an award be explained? |
Yes |
A party may request details from the Arbitrator, within 14 days of the ruling. Upon such request, the Arbitrator will explain the ruling in writing. |
Account is established by MetaBank, Member FDIC, and Card is issued pursuant to a license from Visa U.S.A. Inc. or Card is issued pursuant to license by MasterCard International Incorporated.
5501 S. Broadband Lane Sioux Falls, SD 57108
© 2016 MetaBank
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Account Opening and Usage |
Minimum deposit needed to open Account |
$0.00 |
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Monthly Fee |
$4.95 Per month; fee assessed on the monthly anniversary of first funding of the Account |
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Interest-Bearing |
Yes |
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Other Service Fees |
Please consult section at the end of this document for a list of additional service fees. |
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ATM Fees (The institution that owns the terminal (or network) may assess a fee (surcharge) at the time of your transaction.) |
ATM Cash Withdrawal Fee – Domestic |
$2.50 For each withdrawal conducted at an ATM in the U.S.; however, this fee is waived for the first withdrawal conducted at a MoneyPass Network ATM each calendar month. |
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ATM Cash Withdrawal Fee – International |
$4.95 For each withdrawal conducted at an ATM outside the U.S. |
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Balance Inquiry Fee – ATM Domestic |
$1.00 For each balance inquiry conducted at an ATM in the U.S. |
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Balance Inquiry Fee – ATM International |
$1.00 For each balance inquiry conducted at an ATM outside the U.S. |
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Optional Debit Card Overdraft Service (This optional service has Accountholder activation and eligibility requirements. See the Deposit Account Agreement for information.) |
Overdraft Fee |
$15.00 Per transaction that overdraws your Account by more than $10.00 |
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Maximum Number of Overdraft Fees per Calendar Month |
4 |
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Overdraft Fee Threshold |
If your Available Balance is overdrawn by $10 or less, you will not be charged an Overdraft Fee. Please see your Deposit Account Agreement for additional information on avoiding Overdraft Fee(s). |
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Processing Policies |
Posting order The order in which withdrawals and deposits are processed |
Transactions are generally processed as follows:
multiple ACH debits are present in a single ACH file that we process. |
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Funds Availability Policy When funds deposited to your Account are available |
This represents our general policy. For specific Details, please see the Availability of Funds section in the Deposit Account Agreement. |
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Business Day |
Any day of the week that is not a Saturday, Sunday or federal holiday. Non- Business Days are considered part of the following Business Day. |
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Additional account support |
Direct Deposit Fee |
$0.00 |
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Balance Inquiry Fee – OAC, Mobile App, Email or Text Message |
$0.00 Standard text message or data rates may apply |
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Balance Inquiry Fee – Telephone Automated Service |
$0.00 |
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Balance Inquiry Fee – Telephone Customer Service Agent |
$0.50 Per inquiry conducted through a Customer Service Agent |
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Over The Counter Cash Withdrawal Fee at a financial institution |
$2.50 Per withdrawal, plus the Foreign Transaction Fee (if any), at a bank location A fee may also be assessed by a financial institution that is not a member financial institution (e.g., Visa or MasterCard). |
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Additional Statement Mailing Fee |
$5.95 Per statement requested $0 To view or print your statement on the OAC. |
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Replacement Card Fee |
$3.95 Per replacement requested for lost, stolen, or damaged Cards |
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Card Delivery Fee |
7-10 Business Days |
$0.00 |
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3 Business Days |
$20.00 |
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1-2 Business Days |
$25.00 |
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Account Closure Fee |
$15.00 Per check requested to return funds at Account closure |
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Decline Fee – ACH Debit or Preauthorized Payment Transactions |
$15.00 Per declined ACH debit or preauthorized payment transaction. |
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Stop Payment Fee – ACH Debit or Preauthorized Payment Transactions |
$15.00 Per stop payment requested. |
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Foreign Transaction Fee |
3.0% Fee assessed on all purchase transactions and cash withdrawals conducted outside of the U.S.; and is based on U.S. dollar amount of the transaction. For cash withdrawal transactions, the surcharge is in addition to the International ATM Cash Withdrawal fee. |
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Funds transfer |
Account-to-Account Transfer Fee – Online |
$0.00 Per transfer conducted through the OAC |
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Account-to-Account Transfer Fee – Customer Service Agent |
$4.95 Per transfer conducted through a Cus- tomer Service Agent |
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Dispute resolution |
If you have questions or would like additional information Please visit the OAC or call us at 1-866-647-6929. We will be happy to assist you. In addition, the Deposit Account Agreement governs the terms and conditions of Account(s) with us. Please refer to the Agreement for complete Account details. |
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Other Service Fees |
Custom Card Fee |
$4.95 Per custom Card, if available |
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We suggest you read this document carefully and keep this copy for your reference.
This E-SIGN 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 NetSpend All-Access Account by MetaBank (“Account”) and any related products and services (“Communications”). This Disclosure supplements and is to be construed in accordance with the terms contained in the Deposit Account Agreement (“Agreement”) for your Account. The words “we,”“us,” and “our” refer to MetaBank, Member FDIC and the words “you” and “your” mean you, the customer who owns the Account.
All legal and regulatory disclosures and communications associated with your Account and any related products or services
Your Agreement and any notices about a change in terms of your Agreement
Privacy policies and notices
Responses to claims filed or inquiries made in connection with your Account and/or any related products or services
Notices regarding insufficient funds or negative balances
(1) via e-mail, (2) 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 (3) to the extent permissible by law, by access to the Online Account Center appearing at www.netspend.com (the “Website”).
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.
e-mail) or a commercially available Internet browser and a sufficiently recent version of Adobe Acrobat reader (for notices posted to the website). You may wish to utilize a device that is capable of storing or printing the Communications for your records.