Terms & Conditions



Introduction


IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP IT FOR FUTURE REFERENCE.

Welcome to Card Express, Inc. ("CardEx"). This document constitutes the agreement ("Agreement") outlining the terms and conditions that apply as a result of your election to participate in the PaidByCash Prepaid Virtual MasterCard® Card and we are the program administrators. In conjunction with First Bank of Delaware we are issuing the enclosed CardEx Virtual MasterCard® Card ("the Account") in your name, and you will use the Virtual Account to access an account maintained for you under the Program ("your Account"). By applying for, accepting, signing, using, and adding value to the Virtual Account, you agree to be bound by the terms and conditions described in this Agreement. We may change this Agreement at any time. If we do, we will inform you of the changes that affect your rights and obligations. This Agreement and the rules of the Program control your Account and your use of the Account issued to you. Please read this Agreement carefully and keep it for your records. We encourage you to contact us if you have any questions.

This Agreement contains an arbitration provision, which appears below. Before accepting, signing, using or adding value to the Card, you should read it carefully. Unless you reject it in the manner described below, it may have a substantial impact on the way in which you or we resolve any claim that we have against each other. Rejection of the arbitration provision will not have an impact on your ability to retain or use the Card.

Definitions

In this Agreement, "Card" means the PaidByCash Prepaid Virtual MasterCard® Card issued to you by First Bank of Delaware, which is not affiliated with or related to locations where your funds can be loaded. "You" and "your" means the person or persons who have received and are authorized to use the Card as provided for in this Agreement. "We", "us", and "our" mean First Bank of Delaware and its successors or assignees. "Card Account" means the records maintained by us to account for the value of claims associated with the Card. "MasterCard®" means MasterCard International Incorporated. "PaidByCash" means Retail Expansion Network which operates the PaidByCash service. "IVR" means an interactive voice response machine where you use a touch-tone telephone to get your balance or other information about your Account by telephone. "Refund Check" is a fee charged to issue you a check for the balance of funds on your Account.

 


CardEx Services

 
Funding of the CardEx Virtual Account

Your Account will be activated with a preset dollar amount. We will maintain your Account for you. You can view your Account online at www.CardEx.com/PBC (a free service) or call us at the Automated Customer Service Number listed below to find out your current Account balance (there is a fee for telephone customer support). There may be delays before the amounts of your purchases are posted to your Account, and technical difficulties may cause amounts in your Account to be inaccessible from time to time. You can find out whether credits have been posted to your Account and check other activity on your Account by calling the Customer Service Number listed below or checking our web site at www.CardEx.com/PBC. You agree that CardEx will have no liability for delays in Account crediting or periodic Account inaccessibility.

 

Use of the CardEx Account

When funds have been loaded to your Account, you may use your Account to purchase or lease goods and services, anywhere online Debit MasterCard Cards are accepted for such purposes, as long as you do not exceed the available funds in your Account. When you use your Virtual Account, we will debit your Account for the amount of your transaction and any applicable fees disclosed below.


You should be aware of the following:

• All transactions are subject to our approval.
• Merchants are independent of CardEx and are responsible for transactions.
• CardEx is not liable if the merchant does not accept your Virtual Account or if you have complaints about goods or services purchased with your Virtual Account. You must contact the merchant or manufacturer directly if you have questions or complaints.
• No warranties, purchase protection, insurance, or other promises or services are provided.
• Merchants may assess transaction fees, which would be deducted from your Account and shown on your online statement.
• Once you initiate a transaction using your Account, you cannot stop payment on the transaction.
• You may not use your Account after the expiration date, listed on the website communicated to you via the welcome screen. Once the Account has expired or the funds on the Account have been fully depleted, you may dispose of the virtual account number in a secure manner.
• THE ACCOUNT CANNOT BE USED: 1) FOR ANY PURCHASE WHERE A PHYSICAL CARD MUST BE HANDED TO A MERCHANT FOR PAYMENT (INCLUDING ATM'S); 2) FOR ANY TRANSACTION THAT REQUIRES IN PERSON PRESENTMENT OF A PHYSICAL CARD; or 3) FOR "DUAL MODE" TRANSACTIONS (E.G., TRANSACTIONS WHEREBY SUBSEQUENT PRESENTMENT OF A PHYSICAL CARD BEARING THE SAME NUMBER AS THE ACCOUNT USED TO PURCHASE THE ITEM IS REQUIRED IN ORDER TO OBTAIN THE ITEM)

 
Purchase Limit

You may not make purchases with your Account in excess of the balance in your Account. If you wish to make a purchase for an amount in excess of your available Account balance, you may use your Account for up to your Account balance, but you must make up the difference with another form of payment, subject to any restrictions imposed by the merchant. If the balance in your Account is not sufficient to cover a transaction and you do not make up the difference with another form of payment, authorization for that transaction will be denied.

 
Fees and Interest

If you wish to carry an account balance, it is free of charge for the first four months. Starting on the fifth month there is a monthly maintenance fee of $2.50 per month for as long as an available balance exists on your account. You may request a refund check to be issued to you upon closing an account. In order to allow enough time for all transactions to be cleared through our system, it may take up to 90 days after a request for refund checks to be issued to you. We may deduct a Refund Check Fee from your account balance before issuing you a refund check. We may charge you a Dispute Processing Fee for any transaction you dispute. You are not entitled to receive, and we do not pay, any interest on the funds in your Account. Accordingly, the interest rate on your account is zero percent (0%) with an annual percentage yield of zero percent (0%). We will also assess a fee for calls to the Interactive Voice Response Unit (IVR) or to Customer Service Representatives (CSR). By accepting, or signing on the Account, you agree to pay the following fees, to the extent permitted by applicable federal and state law, and you agree that we may deduct such fees from your Account balance, to the extent permitted by applicable federal and state law.

 
Fees and Interest

Online Shopping Fee (virtual card)................FREE
Catalog Shopping Fee (virtual card)..............FREE
Balance or Transaction Inquiry (web based)..FREE
Customer Support (web based)....................FREE
Monthly Maintenance Fee ..........................$2.50 per month after 4 months
Reissue Fee...............................................$7.95
Currency Conversion.........................................3% of trans. amount
Excessive Return.......................................$2.00 per return in excess of 3 returns per month
Refund Check............................................$25.00
Dispute Processing....................................$25.00
Physical Plastic Card.................................see below
IVR Fee.....................................................$0.50 per call
CSR Fee ..................................................$2.50 per call


Periodic Statements


Virtual Account accountholders will not receive any paper statements of their account. You are responsible to keep track of the transactions on your account to ensure that you do not exceed your account balance. You may obtain your account balance and/or transaction history for free by logging into our website at www.CardEx.com/PBC and follow the instructions. You may also call our automated customer service number listed below (there is a fee for this service, listed above).


Physical Plastic Card Orders


Virtual Account holders will not receive a physical plastic card. You may order a physical plastic card by calling 1-800-975-8605. There is a fee of $9.95 to order a physical plastic card. There is also a point of sale signature based transaction fee of $1.00 domestic and $1.50 international per use of the physical card.

 

Lost or Stolen Cards


Your Account is the same as cash. The loss, theft or unauthorized use of your Account could cause you to lose all amounts in your Account. You can contact us by phone at the Customer Service Number: 1.888.801.3770. You may also reach us by mail or email at the addresses also listed below.


Consumer Liability


Tell us at once if you believe your Account number has been lost or stolen. You can contact us by phone at the Customer Service Number: 1.888.801.3770. You may also reach us by mail or email at the addresses also listed below. IF YOU NOTIFY US WITHIN TWO (2) BUSINESS DAYS, YOU CAN LOSE NO MORE THAN $0 IF SOMEONE USED YOUR ACCOUNT WITHOUT YOUR PERMISSION. IF YOU DO NOT NOTIFY US WITHIN TWO (2) BUSINESS DAYS AFTER YOU LEARN OF THE LOSS OR THEFT OF YOUR ACCOUNT NUMBER AND WE CAN PROVE THAT WE COULD HAVE STOPPED SOMEONE FROM USING YOUR ACCOUNT WITHOUT YOUR PERMISSION IF YOU HAD PROMPTLY NOTIFIED US, YOU COULD LOSE AS MUCH AS $50. Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available to you, 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. The above time restrictions may be extended in the cases involving circumstances beyond your control. Transactions initiated with a fraudulent intent are not considered unauthorized transactions.


Errors or Question


In Case of Errors or Questions About Your Electronic Transfers Contact us at once if you think a transaction posted to your Account is incorrect, or if you need more information. Call the Interactive Voice Response Unit (IVR) listed below or write us at the Mailing Address also listed below. We must hear from you no later than 60 days after the transaction date. If you tell us orally, we may still require you to send us your complaint or question in writing at our Mailing Address below within 10 business days.


We will need the following information:

• Your name.
• Your Account number.
• The date, types, and amount of the transaction or suspected error.
• A description of the problem or error. Explain as clearly as you can why you believe there is an error or why you need more information.

We will tell you the results of our investigation within 10 business days after you contact CardEx Customer Service and we will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we will provisionally credit your Account within 10 business days for the amount you think is in error, so that you will have the use of the amount in question 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 that we used in our investigation.

 

Confidentiality


We may disclose information about your Account to third parties:

• When it is necessary for completing transactions.
• To verify the existence or condition of your Account for the third party, such as a credit bureau or merchant.
• To comply with government agency or court orders.
• If you give us your written permission.

 

Cancellation


We may cancel or suspend your Card Account or this Agreement, and/or repossess the Card, at any time. If we cancel or suspend your Card Account, we do not need to provide you any notice of this action, except as required by applicable law. You may cancel your Card Account or this Agreement by first notifying us and by then returning your Card to us. You may notify us by sending a letter to PaidByCash 1212 Broadway 16th floor, Oakland CA 94612. If you notify us in writing, you must include your Card Account number and or Card with your letter to us. Upon cancellation by you or us, we will send you a check in the amount of your Card Account Balance, less any applicable fees following the expiration of any reasonable hold period we deem necessary to ensure that further transactions are not processed against your Card Account. It may take up to ninety (90) days for you to receive your Card Account Balance. Cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to cancellation.

 

General Provisions

 
Program issues.

Questions about the Program should be directed to the PaidByCash. CardEx has no liability for the sponsor's administration of the Program.

 

No Transfer.

You may not transfer or assign ownership of your Account to anyone or allow anyone else to use your Account.

 

Foreign Currency Transactions.

Transactions in Foreign Currencies and Currency Conversion.

If you make a purchase 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 MasterCard International Incorporated into an amount in the currency of your Card. MasterCard International Incorporated will establish a currency conversion rate for this convenience using a rate selected by MasterCard International from the range of rates available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate MasterCard International 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 the Issuer. This percentage amount is independent of any amount taken by the Issuer in accordance with the following section of these Terms & Conditions.

If you make a transaction in a currency or country other than the currency or country in which your Card was issued, the Issuer will increase the currency conversion rate (described above) by an additional 3% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International Incorporated


Resolving Disputes.

Binding Arbitration.
General: This Arbitration Provision (the "Provision") governs when and how disputes between you and us or between you and the Issuer will be arbitrated outside the court system. This Provision covers all Claims (defined below), except we and the Issuer will not elect to arbitrate an individual Claim brought by you in small claims court, unless that Claim is transferred, removed or appealed to a different court. Also, as described below, you have the right to reject this Provision in its entirety if you act within forty five (45) days after the date you first accept, add value, sign or use the Card, whichever comes first.
Definitions: "Claim" means any dispute between you and us that arises from or relates in any way to the Card, this Agreement or the relationships resulting from this Agreement, including disputes concerning (1) any items you purchased with the Card; (2) advertisements, promotions, disclosures or documents relating to the Card; and (3) this Provision's applicability or enforceability. It includes disputes based on constitutional provisions, statutes, regulations, ordinances, contracts, and acts of every type (whether intentional, fraudulent, reckless, or negligent). It includes disputes that seek relief of any type, including equitable relief or damages. As solely used in this Provision, the terms "we", "us" and "our" shall mean First Bank of Delaware, Purpose Solutions and their partners, wholly or majority-owned subsidiaries, affiliates, successors, assigns and any of their employees, officers and directors. "We", "us" and "our" shall also include any third party providing any goods and services in connection with the Card if such third-party is named as a co-party in any lawsuit filed by you against us. "Administrator" means the American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017, www.adr.org, (800) 778-7879; or the National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 50191, www.arb-forum.com, (800) 474-3271, as the case may be.

Starting an Arbitration: To initiate an arbitration, you or we must give written notice of an election to arbitrate a Claim. This notice may be given after a lawsuit begins and may be given in papers filed in the lawsuit. If such a notice is given, the Claim shall be resolved by arbitration under this Provision and the rules of the Administrator in effect at the time the Claim is filed with the Administrator. The party initiating the arbitration shall have the right to select the Administrator. The arbitrator will be selected under the Administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge. Our address for the giving of notice of an election to arbitrate is First Bank of Delaware; 1608 Walnut Street, 10th Floor; Philadelphia, PA 19103; ATTN: SVC Arbitration (and no other location). Notwithstanding the rule that the party initiating an arbitration may select the Administrator, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with and that purports to override the terms of this Provision.

Important Notice and Limitations: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES OR BY THIS ARBITRATION PROVISION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION, EITHER AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION, PERTAINING TO ANY SUCH CLAIM (referred to hereinafter as the "Class Action Waiver"). Notwithstanding anything else in this Provision, the validity and effect of the Class Action Waiver shall be determined by the Court and not by an arbitrator. Furthermore, if the Class Action Waiver is invalidated in any legal proceeding in which you and we are involved, then this entire Provision shall be null and void.

Location and Costs: Any arbitration hearing that you attend will take place at a location reasonably convenient to your residence. If you cannot afford to pay the fees charged by the Administrator or arbitrator or if you believe that such fees are or will be prohibitively expensive or excessive, we will entertain in good faith any reasonable written request by you for us to pay or reimburse you for all or part of such fees. In any event, if applicable federal and state law requires us to pay or reimburse you for any such fees, such law will control. In no event will you be required to reimburse us for any of the fees we have previously paid to the Administrator or arbitrator or for which we are responsible. Each party shall bear the expense of that party's attorneys, experts and witnesses, regardless of which party prevails in the arbitration, unless applicable federal and state law and/or this Provision and/or this Agreement gives a party the right to recover any of those fees from the other party.

Governing Law for Arbitration Provision: This Agreement involves interstate commerce, and this Provision is governed by the Federal Arbitration Act (the "FAA"), 9 U.S.C. § 1, et seq. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law and shall be authorized to award all remedies permitted by the substantive law that would apply if the action were pending in court. Upon the timely request of either party, the arbitrator must write a brief explanation of the basis for the award. In conducting the arbitration proceeding, the arbitrator shall determine the rules of procedure and evidence to apply, consistent with the arbitration rules of the Administrator and this Provision. The arbitrator will not be bound by, and this Provision shall not be subject to, the federal or any state or local rules of procedure and evidence or state or local laws that pertain specifically to arbitration proceedings.

Getting Information: In addition to the parties' rights to obtain information under the Administrator's rules, either party may ask the arbitrator for more information from the other party.

Effect of Arbitration Award: Any appropriate court may enter judgment upon the arbitrator's award. The arbitrator's decision will be final and binding, except for: (1) any appeal right under the FAA and (2) Claims involving more than $100,000. For the latter, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider from the start any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal's costs, regardless of its outcome. However, we will consider any reasonable written request for us to bear the cost.

Partial Enforcement; Conflicting Terms; Survival: Except as described above, if any other portion of this Provision cannot be enforced, the rest of this Provision will continue to apply. In the event of any conflict or inconsistency between this Provision, and the Administrator's rules or other provisions of this Agreement, this Provision will govern. This Provision shall survive the cancellation or expiration of the Card and any bankruptcy by you, to the extent consistent with applicable bankruptcy law.

Rejection of Arbitration Provision: You may reject this Arbitration Provision by sending a rejection notice to First Bank of Delaware; 1608 Walnut Street, 10th Floor; Philadelphia, PA 19103; ATTN: SVC Arbitration (and no other location) within forty-five (45) days after the date you first accept, sign, use, or add value to the Card, whichever comes first. Any rejection notice must be signed by you and must include your name, address, telephone number and Card number. This is the only method you can use to reject this Arbitration Provision.

 

How To Contact Us


If you believe that your Account number has been lost or stolen or an unauthorized transfer from your Account has occurred, Immediately call 1-888-801-3770. If you have any other questions about your Account, you can call or write us at:



Internet: www.CardEx.com/PBC
Email Address: CS2@paidbycash.com
Mailing Address: PaidByCash
Attn: Customer Service
1212 Broadway, 16th Floor
Oakland, California 94612
Rev. 12/06
CRSYVSY001

 

CARD EXPRESS, INC.

CardEx ® MasterCard ® Disclosure and Master Agreement

 

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The PaidByCash Virtual Prepaid MasterCard® Card is issued by First Bank of Delaware pursuant to a license from MasterCard International.
Copyright 2006 Retail Expansion Network, Inc. All Rights Reserved. Patent Pending.