UPAYCARD TERMS AND CONDITIONS
"Account" means the Account that is created at the time You signed up to be a Company Account Holder. Your Account will consist of one or more e-Wallets and may include additional Company Products, if purchased by You, or provided to you by another party and approved by the Company.
"Account Holder" means any entity or person who has an Account with the Company.
"Account-to-Account Service" or "A2A" means the Company Service that enables an Account Holder to make secure on-line payments and/or to transfer funds in his or her Account to another Account Holder electronically.
"ACH" and “Checks” and “Check-21” means a transfer of funds through the United States of America’s banking system, initiated by a Company Account Holder, to an Account at a bank in the United States of America.
"Sponsor Account" means a specific type of Business Account that is designated by Us that is governed by separate agreements between Us and the Sponsor Account owner.
"Sponsored Account" means an Account purchased by a Business Account on behalf of a third party.
"Bank" or "Issuer" means Optimal Bank, UK.
"Business Account" means an Account designated by Us that is governed by separate agreements between Us and the Business Account owner.
“Card Organization” means Visa, MasterCard, American Express and any other organization so designated by the Company, which provides their payment products to the Company for provision to its Account Holders.
"Card" means a physical Card Organization prepaid card that an Account Holder may be provided by Us for use at certain ATMs and retail merchants, which is linked to an Account Holder’s Account.
"e-Wallet" means a virtual electronic purse provided to each Account Holder and may be denominated in different currencies at the Company’s sole discretion.
"Day" means the twenty-four (24) hour period running from 12:00 a.m. British Time on a calendar day to 12:00 a.m. British Time on the next calendar day, unless otherwise specified.
"Direct Credit Transfer" means a transfer of funds, initiated by an Account Holder, to a MasterCard credit or debit card.
"High Risk Countries" means those countries designated by Us in Our sole and absolute discretion, which are listed on Our website. We reserve the right to add other countries to the list of High Risk Countries and if We do so, all rules in this Agreement pertaining to High Risk Countries will apply to those newly designated High Risk Countries. We also reserve the right to remove countries from the list of High Risk Countries, and if We do so, all rules in this Agreement pertaining to countries which are not designated High Risk Countries by Us will apply to the country that has been removed.
“Load Method” means all of the methods that the Company offers to enable You to load money from Your funds sources outside of the Company. These may include, but are not limited to, loads of funds by Credit Card / Debit Card purchases, transfers from Your bank Account and wire/telegraphic transfers.
"MasterCard" means MasterCard Incorporated and any of its regional organizations.
“Products” means all Company tangible or intangible goods that are sold to the Company’s customers.
"Products and Services" means the Products and Services offered to Account Holders by the Company.
"Service" and/or "Services" means all Company functionality provided to You, including but not limited to the Account-to-Account Service.
“Security Code” means the three (3) or four (4) digit code that is provided to You when you obtain a Virtual-Card or is printed on the card when you obtain a Card.
"User ID" means the letters and characters chosen by an Account Holder, or assigned by the Company to identify an Account.
"UPayVerify" means Our proprietary identity authentication system.
"Virtual-Card" means a Card Organization card number, with no physical card provided, that is attached to an Account, which an Account Holder may purchase from Us.
"Visa" means Visa Incorporated and any of its regional organizations.
"We", "Us", and "Our" mean the Company, Our successors, affiliates and assigns.
“Withdrawal Method” means any of the methods offered by the Company, at our sole discretion, that allows Account Holders to move funds from their Account to an external Account.
"You" and "Your" means the entity or person who is purchasing, accepting or using the Company’s Products and/or Services.
A. Company AccountsAn Account with the Company was opened for You at the time You purchased an Account, when an Account was purchased for You by another party, or when you were provided an Account in any other manner. Your Account consists of one or more e-Wallets and any other Company Product provided to or purchased by You. You may access Your Account using a unique User ID and password that You were asked to set up at the time You purchased or were provided Your Account, and the random Token printed on the Token Card that was provided to You.
We offer four (4) different types of Accounts: Business; Personal; Gift; and Affiliate, with different limits, rules, fees and restrictions. Please refer to the following sections of this Agreement for additional information about Your:
- Standard Business Account: - Terms and Conditions for a Standard Business Account are provided in a separate Business Account agreement.
- Sponsor Business Account: - Terms and Conditions for a Sponsor Business Account are provided in a separate Sponsor Account agreement.
- Sponsored Account: - Part IV
- Personal Account: - Part V
B. Company e-WalletWhen You signed up for an Account, or when You received an Account from another party, the Company provided one or more e-Wallets to You.
To use Your e-Wallet, You must sign on to your Account by entering Your User ID and password and the indicated Token from the Token Card. You can:
- Load funds onto Your e-Wallet by loading methods provided by the Company;
- Make Account-to-Account Transactions using Your e-Wallet;
- Move funds to another e-Wallet that is linked to Your Account;
- Move funds to and from any Card Organization product that is linked to Your Account;
- And use funds from Your e-Wallet to purchase other Products and Services provided by the Company and/or our Merchant Community.
Your e-Wallets are designed to:
- Enhance security and maximize the protection of Your funds; and
- facilitate the use of Your funds within the Company’s environment.
We neither accept nor assume any liability to ensure that goods or services that You purchase using Your e-Wallet from our Merchant Community are as advertised for sale or will meet Your satisfaction.
C. The Virtual-CardYou may have purchased a Virtual-Card at the time You purchased Your Account, or at any time thereafter. You may also have been provided a Virtual-Card by another party. Your Virtual-Card information was delivered to You electronically via the Internet immediately after the sign up process and You were provided specific information about Your Virtual-Card at that time. This included a card number, a Security Code, and the expiration date of Your Virtual-Card. A Virtual-Card is not a physical card.
Please note that funds that are in Your e-Wallets are not available when You use Your Virtual-Card until You have transferred the funds from one of Your e-Wallets to Your Virtual-Card.
Your Virtual-Card can be used at any Internet merchant website throughout the world that accepts the brand of Your Virtual-Card. To use Your Virtual-Card, provide the card number, the security code, if applicable, and the expiration date to the Internet merchant. We reserve the right in our sole discreton to prohibit acceptance of Your Virtual-Card at certain Internet merchant websites that accept the relevant Virtual-Card.
You may fund Your Virtual-Card with money in any one of Your e-Wallets. You may move funds from Your Virtual-Card to Your e-Wallet for extra security.
We neither accept nor assume any liability to ensure that goods or services that You purchase using Your Virtual-Card are as advertised for sale or will meet Your satisfaction.
D. The CardYou may purchase a Card at the time You purchased Your Account, or at any time thereafter. You may also have been provided a Card by another party. Please note that funds that are in any of Your e-Wallets or are on your Virtual-Card are not available when You use Your Card until You have transferred the funds from one or more of Your e-Wallets or Your Virtual-Card to Your Card.
If You have purchased a Card, or someone purchased a Card for You, We will mail Your Card to the address that was provided to Us. The Card will display Your name, a card number, a Security Code, and the expiration date of Your Card. Your Card’s card number will not be the same as Your Virtual-Card Number and they may have different expiration dates. Once You receive Your Card, You will be required to go onto Our website at www.upaycard.com to authenticate Yourself, activate Your Card, and create Your own Personal Identification Number ("PIN"). DO NOT KEEP YOUR PIN WRITTEN DOWN IN ANY LOCATION THAT MAY BE ACCESSED BY ANYONE NOT AUTHORIZED BY YOU.
Your Card can be used at any merchant worldwide that has the ability to accept cards with the same branding as Your Card. You can use Your Card by: (1) inserting Your Card into a Point-of-Sale (“POS”) terminal that reads EMV Chips and entering your PIN into the POS terminal; (2) inserting Your Card into a POS terminal that reads EMV Chips and signing the transaction receipt; (3) swiping the magnetic stripe on the Card, and either entering Your PIN on a PIN pad, or signing a transaction receipt. You may also be able to use Your Card at some merchants who will key Your Card number, expiration date and Security Code into a physical terminal. At some merchants in certain countries for certain transactions, Card Organization rules provide that You may not be required to either enter Your PIN or sign a transaction receipt. In both aforementioned cases, Your Card must be electronically authorized and You will be responsible for these transactions as if You had entered Your PIN or signed the transaction receipt.
Your Card can also be used to withdraw available funds from Your Account at any ATM bearing the same branding as Your Card by: (1) inserting Your Card into a Point-of-Sale (“POS”) terminal that reads EMV Chips and entering your PIN into the ATM; or (2) swiping the magnetic stripe on the card and entering Your PIN. Notwithstanding the above regarding acceptance of Your Card, We reserve the right to prohibit acceptance of Your Card at certain merchants and/or merchant categories and/or ATMs that generally accept Your Card, at Our sole discretion.
We neither accept nor assume any liability to ensure that goods or services that You purchase using Your Card are as advertised for sale or will meet Your satisfaction.
E. THE E-WALLETS, THE VIRTUAL-CARDS, AND THE CARDS ARE NOT CREDIT CARDS. NO INTEREST WILL BE PAID ON THE FUNDS YOU TRANSFER INTO YOUR ACCOUNT AND SUCH FUNDS ARE NOT INSURED BY THE COMPANY OR ANY GOVERNMENT AGENCY. ALL FUNDS YOU PLACE IN YOUR ACCOUNT WILL BE HELD IN EITHER YOUR E-WALLET, OR ON YOUR VIRTUAL ACCOUNT, OR YOUR PHYSICAL CARD ACCORDING TO YOUR PREFERENCE.
F. The Company Account-to-Account ServiceSubject to the conditions and limitations in this Agreement, Our A2A Service can be used to effect secure, online Account-to-Account funds transfers over the Internet using the funds in Your e-Wallets. Funds transfers can be made electronically by You to other Account Holders, or by other Account Holders to You. If You are trying to transfer funds to another Account Holder and there are insufficient funds on Your e-Wallet, We will not complete the transaction. We reserve the right, in Our sole discretion, to limit the number and/or individual transaction value and/or accumulated value of A2A transactions and of any funds transfers You can make or receive daily or within any other period of time of Our choice from or to Your Account. All A2A transactions will be subject to Our A2A service fees.
We neither accept nor assume any liability to ensure that goods or services that You purchase through a A2A transaction using Your e-Wallet will meet Your satisfaction. Except as described in Part XIX We will take no action to resolve disputes between You or the recipient of Your A2A transaction.
A. Sponsored AccountYour Sponsored Account was created for You by a Sponsor Business Account. Your Sponsored Account includes one or more e-Wallets and may include a Virtual-Card, and a Card if purchased by You, or provided for You by a Sponsor Business Account. The Sponsored Account is for Your personal use and can be used to purchase goods and/or services and make withdrawals at ATMs as provided in this Agreement. Your e-Wallet and if applicable, Virtual-Card and Your Card are subject to the terms and conditions of this Agreement described in this Section A.
- Account Purchases: The only Accounts You may purchase with Your Sponsored Account are Gift Card Accounts by a A2A transfer of funds from one or more of Your e-Wallets.
- Loading of Funds: The initial load of funds to Your Sponsored Account was by an A2A transfer of funds from a Sponsor Business Account. Only funds from a Sponsor Business Account can be loaded onto Your Sponsored Account. All fund loads will be subject to all applicable fees as described on Our website.
Transfers of Funds:
- A2A Transfers. You may be required to wait three (3) days after You have received Your Sponsored Account before starting to make A2A transfers of funds. You may receive A2A transfers of funds from Sponsor Business Accounts, Standard Business Accounts, other Sponsored Accounts and Personal Accounts. You may transfer funds by A2A funds transfer only to other Sponsored Accounts, Personal Account and to Gift Card Accounts purchased by You.
- Withdrawal of Funds. You may transfer funds from Your Sponsored Account to an external personal Account by any Withdrawal Method that the Company offers at that time, subject to the terms and conditions We have in effect at the time You request the transfer of funds. Some countries may not allow withdrawals of funds by a Withdrawal Method offered by the Company, and We have no control over the designation of those countries. You will not be allowed to make withdrawals to these countries by a Withdrawal Method offered by the Company that is allowed in other countries.
- Usage Limits: The Usage Limits for Your Sponsored Account are listed on Our website.
- Modification of Limits: Should You want to increase any of the above limits on Your Sponsored Account, You must provide a written request to Us. We reserve the right to approve or disapprove this limit change request at Our sole discretion.
- Acceptance of Terms and Conditions: Your first use of Your Sponsored Account is Your acceptance of the Terms of this Agreement.
A. Sponsored AccountA Personal Account is an Account purchased by an individual not located in a High Risk Country for personal use, which may be used to purchase goods and services and Gift Cards, and withdraw funds from ATMs as provided in this Agreement. Your Personal Account will consist of one or more e-Wallets and any other Product provided by the Company. Your Personal Account will be subject to the Terms of this Agreement described in this Section A.
- Account Purchases: Subject to the Terms of this Agreement, You may purchase and/or load other Personal Accounts and Gift Card Accounts (see Part VI) by an A2A funds transfer using funds from one or more of Your e-Wallets.
Loading of Funds: You may load funds onto Your Personal Account using any of the Load Methods offered by the Company. Unless previously authorized by Us, the Load Method used to purchase and/or load Your e-Wallet or Virtual-Card cannot be used to purchase and/or load any other Account. We may require, at Our sole discretion that all purchase and funds load transactions effected on one of the Company’s Load Methods be authenticated by one or more of the following methods;
- UPayVerify; or
- Our manual process which will require You to provide certain personal documentation, such documentation to be determined solely by Us. All loaded funds will be loaded directly onto one of Your e-Wallets.
- A2A Transfers. You will be required to wait three (3) days after You have purchased Your Personal Account to make A2A transfers of funds to any other Personal Account, Gift Card Account, or Standard Affiliate Account.
- Withdrawal of Funds. You may transfer funds from Your Standard Personal Account to an external personal Account by any Withdrawal Method that the Company offers at that time, subject to the terms and conditions We have in effect at the time You request the transfer of funds. Some countries may not allow withdrawals of funds by a Withdrawal Method offered by the Company, and We have no control over the designation of those countries. You will not be allowed to make withdrawals to these countries by a Withdrawal Method offered by the Company that is allowed in other countries.
- Usage Limits: The Usage Limits for Your Personal Account are listed on Our website.
- Modification of Account Limits: Should You want to increase any of the above limits on Your Account, You will be required to provide additional personal documentation to Us as We may solely determine at the time of Your request. All limit increases will be subject to Our approval.
- not to disclose Your Account User ID or password or, if applicable, Your PIN, and Your Token Card or otherwise make these available to any other person. If You do make these available to any other person, You will be deemed to have authorized that person to use Your Account; and,
- not to use Your Card as a means of identifying Yourself to any other person; and,
- not to disclose Your e-Wallet information, Your Virtual-Card and Card number(s) or Security Code(s), or otherwise make these available to any other person, unless You intend to make a purchase from that person or authorize that person to use Your Account. If You do make these available to any other person, You will be deemed to have authorized a transaction from that person and/or to have authorized that person to use Your Account; and,
- to use Your e-Wallet, Virtual-Card, Card, Security Code(s), Account User ID and password and, PIN only in a manner authorized under the Terms of this Agreement; and,
- to promptly notify Us of any loss, compromise or theft of Your Account, Your Virtual-Card and Card number(s), Security Code(s), Account User ID , password, Token Card and/or PIN; and,
- that You will be liable for all transactions made by a person You authorize or permit to use Your e-Wallet, Virtual-Card and Card, Security Code(s), Account User ID or password, Token Card and/or PIN. If You permit someone else to use Your e-Wallet, Virtual-Card and Card, Account User ID or password, Token Card and/or PIN, You will be responsible for all transactions made by that person with the Virtual-Card and Card, and/or Your e-Wallet; and,
- that any unauthorized person who obtains access to Your Card, Your Card number(s), Security Code(s), Account User ID and password, token Card and/or PIN may use the funds in Your Account up to the full balance in Your Account, and in such event, in the absence of any intentional or grossly negligent act by Us or Our representatives, We will not be responsible for or liable to You for use of any such funds.
Subject to the restrictions described in Parts IV through Part VI, You may add funds to Your Account by using any funding method that may be made available to You by Us. You may add funds by one of these methods to Your Account during relevant normal banking hours or twenty four (24) hours a day, seven (7) days a week, subject to any limitations We may place on Your Account, by going to Our website at www.upaycard.com. You are responsible for paying any applicable taxes on funds added to Your Account, which will be in addition to the Fees We may charge You as specified on Our website. Funds added to Your Account will become available for use immediately upon actual transfer subject to Parts IV.A.(3), IV.B.(3), V.A.(3), VI.A.(3), and VI.B.(3), except that funds added to Your Account by certain banking methods will not become available for Your use until the transfer clears Your bank or seven (7) business days, whichever is later. The minimum value that may be added to Your Account at any time is United States Dollars Twenty Five (US$25.00) or Euros Twenty (€20.00). We reserve the right, in Our sole discretion, to change the minimum value and to set and change a maximum value that may be added to Your Account at any given time and without notification to You.
- Should You wish to close Your Account, You may do so on written notice to Us, and on such notice, all transactions on Your Account must be cleared, which could take up to thirty five (35) days. Once You notify Us of Your intention to close Your Account, You may withdraw any remaining funds in Your Account by either: (a) using Your Virtual-Card to purchase goods or services at any Internet merchant website worldwide that accepts cards bearing the logo of Your Virtual-Card; (b) using Your Card to purchase goods or services at any merchant worldwide that has the ability to accept cards bearing the logo of Your Card by swiping the magnetic stripe on the card and allowing You to either enter Your PIN on a PIN-pad or sign the transaction receipt or insetting Your Card into a Chip reader and entering Your PIN on the PIN-pad; (c) using the funds in Your e-Wallet on any internet merchant that accepts payments where the Company logo is displayed; or (d) using Your Card to withdraw funds at any ATM which accepts Your Card. You may also receive any remaining funds in Your Account by providing Us with a photocopy of a current, valid government-issued ID with Your picture on it. We will then return to You any funds remaining in Your Account less a US$50 Funds Return Processing Fee which will be deducted from Your Account before such funds are returned to You. If, after You close Your Account, there are unused funds in Your Account, We reserve the right to charge Your closed Account with a Monthly Dormant Account Fee as described on Our website. Notwithstanding the above regarding acceptance of Your Virtual-Card or Your Card, We reserve the right, at Our absolute discretion, to prohibit acceptance of Your Card at certain merchants and/or classes of merchants.
- We reserve the right at Our sole discretion to block access to or to close Your Account if: (i) You load funds onto Your Account from any source that You do not have the legal right from which to transfer funds; (ii) You violate the Terms of this Agreement; or (iii) We are so directed by the order of a court of competent jurisdiction. Should We close or block access to Your Account for the reason identified in this Section B(i) and/or this Section B(ii), You immediately forfeit the remaining funds in Your Account.
e-Wallet, Virtual-Card and Card Fees:
- e-Wallet Issuance Fee.
- Virtual-Card Issuance Fee.
- Virtual-Card Re-Issuance Fee.
- Card Issuance Fee.
- Card Re-Issuance Fee.
- Card Replacement Fee.
Company Account Service Fees:
- Account Load/Re-load Service Fee.
- Transaction Return Service Fee.
- Virtual-Card Annual Service Fee.
- Card Annual Service Fee.
- Account-to-Account Service Fee.
- Text Message Fee.
- Account Closing Service Fee.
- Funds Return Processing Fee.
- Monthly Dormant Account Processing Fee.
- ATM Fees.
- Wire Transfer Fee.
- Sponsored Account Purchase Fee.
- Funds Transfer Fee.
- Direct Credit Transfer Fee.
- Currency Conversion Fee.
- International Service Assessment Fee.
If there are insufficient funds in Your Account to satisfy any Fees at the time any such Fee is assessed, We reserve the right to place a pending charge on Your Account and deduct such Fee when sufficient funds have been loaded onto Your Account. Unless otherwise expressly provided herein, no Fees hereunder are refundable at any time or for any reason.
Pending AuthorizationsWhen You make a purchase at a merchant or a cash withdrawal from an ATM, We receive an authorization from the merchant or ATM provider which reduces the amount of funds in Your Account that are available to spend by the amount of the authorized purchase or ATM withdrawal. This is a pending authorization and it will remain on Your Account, reducing Your available funds, until one of the following events occurs: (i) a settlement transaction is received from the merchant or ATM that matches the pending authorization amount; (ii) up to thirty five (35) days have passed since the transaction date; or (iii) We are in receipt of an authorization release from the merchant or ATM owner which states that the merchant will not be processing a settlement transaction for the authorized amount. At this time, the pending authorization will be removed from Your Account. If a settlement transaction has been received from the merchant or the ATM, the exact amount of the purchase or ATM withdrawal will be debited from Your Account at that time.
Authorizations from an Automatic Fuel DispenserWhen You attempt a purchase at an unattended Automatic Fuel Dispenser ("AFD"), the transaction may automatically be denied even though You might have sufficient funds in Your Account. It also may automatically be authorized against Your Account for US$75, provided You have at least US$75 in Your Account. If You do not have US$75 of available funds in Your Account, the transaction will be denied. If the transaction is authorized, the actual value of fuel that You purchase from the AFD will be debited from Your Account and the US$75 authorization will be removed. If Your transaction is denied at the AFD, You may still be able to purchase an amount of fuel up to the amount You have remaining in Your Account, by making Your purchase through the attendant at the fueling facility.
Authorizations from a RestaurantWhen You make a purchase at a restaurant, Your transaction will be authorized for the amount of the purchase and any applicable taxes, plus twenty percent (20%) of the purchase value, provided You have such amount in Your Account. When You complete Your purchase, the actual value of Your purchase (i.e. meal and any applicable taxes, plus tip) will be debited from Your Account and the prior authorization will be removed from Your Account at that time. If You do not have sufficient funds in Your Account, Your transaction will be denied at the time of the attempted authorization.
Neither We nor the Bank will have any liability whatsoever for the failure of any merchant or ATM owner to accept or honor Your Virtual-Card or Your Card.
Transactions on Your Virtual Card or Your CardThe exchange rate between the transaction currency and Your billing currency that is used for processing international transactions is a rate selected by the Card Organization that provides Your Card from a range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the Card Organization itself receives on the government-mandated rate in effect for the applicable central processing date.
A one percent (1%) International Service Assessment fee may be charged by the Card Organization that provides Your Card on all international transactions.
Transactions on Your Virtual Card or Your CardWe many provide You e-Wallets in different currencies. Should You desire to transfer funds between Your e-Wallets that are in different currencies, We will select a currency conversion rate. We will select a currency conversation rate that is negotiated between Us and the external company that provides Us with Our currency conversion services.
You will be assessed a Currency Conversion Fee on all e-Wallet to e-Wallet funds transfers that require a currency conversion.
If You are entitled to a refund for any reason for goods or services obtained with funds in Your Account, You agree to accept credits to Your Account as the only method of refund. We accept no liability to ensure that goods or services that You purchase through any transaction will meet Your satisfaction.
You are responsible for all transactions made on Your Account, except as otherwise provided in this Agreement. Should Your Account develop a negative balance due to delayed or erroneous posting of any transaction due to processing or operational errors, Company reserves the absolute right to make a charge or charges to Your loading payment mechanism in order to bring Your Account to a zero (US$0) balance.
If You believe that any of Your Card(s), Your Account User ID or password or Your PIN have been lost or stolen, or that someone has used any of Your Card(s), Your Account User ID or password or Your PIN without Your permission, notify Us immediately by using Our online services at or call Us at www.upaycard.com. Once You notify Us that any of Your Virtual Accounts, Your Card(s), Your Account User ID or password or Your PIN have been lost or stolen, or that someone has used any of Your Card(s), Your Account User ID or password or Your PIN without Your permission, We reserve the right to block or close Your Account as provided above in Part X. You are responsible for any transactions made with the funds in Your Account prior to the time We receive Your notification.
When You contact Us for more information about a particular transaction shown on Your online Account statement, You must provide Us the following information:
- Your name and Your Virtual-Card number and/or Card number.
- The name of the merchant as it appears in Your online Account statement.
- A description of the error or the transaction You are unsure about and an explanation of why You believe it is an error or why You need more information in order to identify the transaction.
- The US Dollar amount of the transaction in question
- The date of the transaction.
We will promptly investigate Your complaint or question and will correct any error made by Us.
- A2A TRANSACTIONS ARE LIKE SENDING CASH. We are not liable for any A2A transaction unless it is determined in Our sole discretion that an error had been made by Our systems.
- If You believe that a problem has occurred with a A2A transaction that You originated, You must contact Us in writing no later than sixty (60) days after the transaction date.
- We will not be involved in A2A disputes due to non-receipt of or dissatisfaction with purchased merchandise / services unless We have determined, at Our sole discretion, that the recipient has demonstrated fraudulent use of A2A transactions. Should We determine that possible fraudulent use has occurred, We will investigate the transaction and attempt to recover the sender’s funds from the recipient. If We are able to recover the sender’s funds, We will credit the recovered funds back to the sender’s Account. If We are unable to recover the sender’s funds from the recipient, We assume no liability for the sender’s funds. The sender must resolve the dispute with the recipient.
- If the sender believes that he mistakenly sent funds to the wrong Account, We will inform the recipient that the funds were sent in error, and that a dispute has been received from the sender. Within forty eight (48) hours of notification to the recipient, if the recipient agrees that the A2A transaction was made in error, and the funds are still available in the recipient’s Account, We will refund the available funds to the sender. If no funds are available in the recipient’s Account, or the recipient disputes the sender's claim, We will not be further involved in resolving the dispute. The sender must resolve the dispute with the recipient.
- Should a recipient of a A2A transfer of funds notify Us of funds received in error, We will immediately refund the available funds to the sender.
- Should We determine in Our sole discretion that an Account Holder has received funds through fraudulent A2A transfers, We will attempt to recoup the funds and will refund all recovered funds to the recipients.
- Except as specifically provided in this Agreement, neither We nor the Bank will be liable for any loss or liability resulting in whole or in part from any act or failure to act of Your computer equipment or software, or that of an Internet service provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them. Further, neither We nor the Bank will be responsible or liable for any indirect, special or consequential, economic or other damages arising in any way out of or related to the use of Your Account.
- The total cumulative liability of Us and the Bank to You for any direct damages arising in any way out of or related to Your use of Your Account shall be limited to the total amount of funds in Your Account at the time of the loss sustained by You.
By entering into this Agreement and using Our Products and Services, You agree to receive notice of changes or revisions to this Agreement electronically rather than on paper.
You may not assign Your obligations under this Agreement. We may assign or delegate all or certain of Our rights and responsibilities under this Agreement to independent contractors or other third parties.
All Cards associated with Your Account remain the property of the Bank. We may terminate Your right to use such Cards and/or Your Account at any time as provided as provided in this Agreement. You may cancel this Agreement by notifying Us as provided above in Part X. Your termination of this Agreement will not affect any of Our rights or Your obligations arising under this Agreement prior to termination. We reserve the right in Our absolute discretion to issue You a card from a different bank and move the funds from Your Card to this card. You will not be charged any additional fees for this new card and, at minimum, this card will provide You with all of the functionality on Your old Card.
Use of all Cards associated with Your Account is subject to all applicable rules and customs of any clearinghouse or other association involved in processing transactions.
We are not Your agent, fiduciary, trustee or other representative. Nothing expressed in, mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of You and Us.
We do not give up Our rights by delaying or failing to exercise them at any time.
If any term of this Agreement is found by a court of competent jurisdiction to be illegal or not enforceable, all other Terms will remain in effect.
If We take legal action against You because of default in the terms of this Agreement, You must pay reasonable attorneys’ fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.
Neither We nor the Bank will be liable for the failure of Us or the Bank to perform any obligations under this Agreement due to events beyond Our control and/or the control of the Bank, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond Our control and/or the control of the Bank include, but are not limited to, acts of God, war, civil commotion, labor disputes, equipment failures, bank failures, Card Association failures, strikes, fire, flood, earthquake or other casualty, shortages of labor or material, government regulation or restriction, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, disruptions on Account of or caused by vandalism, theft, phone service outages, Internet disruptions, viruses, and mechanical, power or communications failures. If, after the date of this Agreement, any law, regulation, rule, regulation or decision of or of any other funding method association, or ordinance, whether federal, state, or local, becomes effective which substantially alters Our ability to perform services hereunder, We shall have the right to cancel this Agreement, with notice, if reasonably possible, effective upon the earlier of (i) the date upon which We are unable to provide Our customary services hereunder, or (ii) 30 days following notice.
If Our Products or Services or any Account are to be issued to or used by any business, We reserve the right to vary and/or add to these terms and conditions as We may in Our sole discretion consider appropriate. Any such variations to these term and conditions will be contained in the Business Account Agreement executed between Us and the business.
Your Account, the funds in Your Account, all Card(s) associated with Your Account, and all of Our Products and Services shall not be used as payment for an illegal transaction or for any other illegal purpose. Should We suspect that Your Account, the funds in Your Account, any Card(s) associated with Your Account, or any of Our Products and Services have been, are being, or may be used as payment for an illegal purchase or for any other illegal purpose, or We find or suspect that the government-issued IDs or other documents You have submitted to Us are false, illegally obtained, fraudulent, or otherwise altered, then We shall have the right, in Our sole discretion, to terminate and/or close Your Account immediately, report any and all relevant or potentially relevant information to the appropriate governmental authorities, revoke any funds transfers made using Our A2A Service and recover any and all funds which were illegally or fraudulently obtained and/or used.
Company Electronic Disclosure ConsentYou must read and agree to the following Company Electronic Disclosure Consent permitting Us to send You important information relating to Your Account electronically. When You have carefully read this disclosure, give Your consent by selecting the "I agree" button at the bottom of the page. If You do not accept these Terms You will not be able to purchase an Account, obtain an e-Wallet, a Virtual-Card, or purchase a Card, and You will be returned to Our home page.
You have the right to withdraw this consent, but if You do, We will immediately terminate Your Virtual-Card and/or Your Card and close Your Account. To withdraw Your consent, please contact Us by using Our online services at www.upaycard.com or call Us at at the contact details on Our website. Your Account will be subject to an Account Closing Service Fee as specified herein if Your Account is closed and there are unused funds in the Account.
By selecting "I Accept" below, I understand and affirm that:
- I am over the age of eighteen (18) years
- I agree to the Terms and Conditions
- I consent to receive disclosures in electronic form in connection with My use of the Account, including the e-Wallet, and (if applicable) the Virtual-Card and the Card.