IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“ARBITRATION” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
CUENTAS™ CLIENT SUPPORT CONTACT INFORMATION:
Mailing Address: P.O. Box 11501, Miami, FL 33101
Phone Number and Website: 1-844-433-8086; www.cuentas.com
1.- About Your Card
This Cardholder Agreement (“Agreement”) constitutes the agreement between you, and Sutton Bank Attica, Ohio (“Sutton Bank” or “Issuer”) and Cuentas, Inc. (“Cuentas™”) outlining the terms and conditions under which the Cuentas™ Prepaid Mastercard® (“Card” or “the Card”) has been issued to you by the Issuer. The Issuer is an FDIC insured member institution. “Card” means the Personalized Card issued to you by Sutton Bank, which enables you to make certain electronic fund transfers to and from your prepaid Card Account with Sutton Bank. If you do not agree to the terms and conditions contained in this Agreement, do not activate or use the Card and contact Client Support to cancel your Card. “Card Account” means the records we maintain to account for the funds associated with the Card. All Cards are issued by the Issuer and distributed and serviced by Cuentas™. “Personalized Card” means the personalized Cuentas™ Prepaid Mastercard® you will receive following your successful completion of the Issuer’s identification verification process and receipt of the Issuer’s approval (see the paragraph of this Agreement below captioned “Important Information About Procedures for Opening a New Card Account”).“You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Issuer and its respective successors, affiliates, and/or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card and will not enhance your credit rating. You will not receive any interest on your funds in the Card Account. The Card will remain the property of Issuer and must be surrendered upon demand. The Card is nontransferable, is not for resale, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms and conditions of this Agreement.
Our business days are Monday through Friday, 9 AM to 5 PM, excluding federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.Record your Card number and the Client Support telephone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.
DESCRIPTION OF YOUR CARD
The Card is a prepaid card, useable wherever cards bearing the applicable payment network brands on your Card are accepted. The Card is not a gift card. The Card is not a device that accesses money in an individual checking or savings account. When you use your Card, you are redeeming the value on the Card and not making a withdrawal from a checking or savings account. You may use your Card to make purchases at any merchant that accepts Mastercard debit cards, subject to your available Card Account balance and the other terms and conditions of this Agreement. You may not use your Card for any online gambling, escort services, or any illegal transaction. The Card will have a printed expiration date and the Card will expire, in accordance with applicable law, on the expiration date. If your Card Account is in good standing and you have available funds on the Card, we will issue you a new Card upon expiration. The Card is our property and is nontransferable. We may revoke or suspend the Card or any features or services of the Card at any time without cause or notice. You must surrender a revoked Card and you may not use an expired or revoked Card. You are required to notify us promptly if the Card is lost or stolen.
Obtaining Your Personalized Card: A CARD ACTIVATION FEE WILL BE DEDUCTED FROM THE INITIAL AMOUNT YOU ADD TO YOUR PERSONALIZED CARD AND ADDITIONAL MONTHLY FEES WILL APPLY (SEE THE PARAGRAPH OF THIS AGREEMENT BELOW CAPTIONED “FEE SCHEDULE” FOR DETAILS).
To sign up for your Personalized Card, go to the Android Play Store or Apple App Store to download the Cuentas App application (the “Cuentas App”) and follow the instructions. We may limit the number of Cards that you may obtain in our sole discretion. Once you successfully complete Issuer’s identification verification process and receive Issuer’s approval (see the paragraph of this Agreement above captioned “Important Information About Opening a New Card Account”), we will send you a Personalized Card to the mailing address you have provided to us. If we are unable to verify your identity, you will be able to use the initial funds deposited to your card but we will not issue you a Personalized Card and you will not be able to reload the same card.
Activating Your Card: You must activate your Personalized Card by calling the Automated Cuentas Client Support IVR (Interactive Voice Response) system at 1-844-433-8086 before it can be used. Your Card will not be available for activation until Sutton Bank has verified your identify.
IMPORTANT INFORMATION ABOUT OPENING A NEW CARD ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: when you open an Account and Card, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents
All communications regarding the card will be electronic, utilizing In-App messaging, Text Messaging and/or Email messaging.
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below. You have the right to request 1 (one) paper account statement each month that your Card Account is open and active.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by calling 1-844-433-8086. If you withdraw your consent to receive Communications electronically, we will close your Card Account and return your remaining Card Account balance as set forth in this Agreement, and you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
5.- Address or Name Changes
You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.
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 email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.
6.-Personal Identification Number (PIN)
To protect the use of your Card, you should have a personal identification number (“PIN”), which must be used on all automated teller machine (“ATM”) transactions and PIN transactions. To acquire a PIN, you must call the Cuentas Client Support IVR (Interactive Voice Response) system at 1-844-433-8086 and follow the automated instructions. 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 “Your Liability for Unauthorized Transfers” below.
7.- Authorized Card Users
You may not permit another person to have access to your Card, Card PIN, or Card number. If you do provide access to your Card or Card number, you are liable for all transactions incurred with the Card or Card number. You are wholly responsible for the use of the Cuentas Card according to the terms of this Agreement, subject to the section labeled “Your Liability for Unauthorized Transfers” below, and other applicable law.
8.- FDIC Insurance
All funds associated with the Card shall be held by Sutton Bank, depending upon the state in which the Card was sold, in an account with Issuer for your benefit, with the balance of such funds to be reduced through your use of such funds or through the imposition of fees and other charges in accordance with the terms and conditions of this Agreement. If you have provided us with the personal information described in the paragraph above labeled “Important Information about Procedures for Opening a New Card Account,” then such funds are insured by the Federal Deposit Insurance Corporation (“FDIC”) up to the maximum amount specified by FDIC regulations.
9.- Representations and Warranties
By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien (with U.S. tax ID number) residing in the United States, Puerto Rico or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct, and complete; (v) a copy of this Agreement was made and is available to you in the Cuentas App and Cuentas website and you agree to be bound by and to comply with its terms; and (vi) you accept the Card.
10.- Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11.-Limitation of Liability
WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT AVAILABLETO THE CARD.
12.- Cash Access; Account Access; Limitations
You acknowledge and agree that the value available in your Card Account is limited to the balance of your Card Account. Nevertheless, if any transactions cause the available balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. You agree to pay us promptly for the negative balance. If you do not promptly add sufficient funds to your Card Account to cover the negative balance, we may cancel your Card Account and pursue collection. We further reserve the right to offset any negative balance by any current or future funds you may load to or maintain in your Card Account or funds in any other Card Account you maintain with us now or in the future.
The maximum amount that can be spent on the Card per day is $2,500.00. The maximum value of your Card is restricted to $9,999.00. Subject to the limitations described in this Agreement and any restrictions or limitations imposed by individual merchants, you may use your Card to purchase or lease goods or services anywhere Mastercard debit cards and/or Pulse® cards are accepted as long as you do not exceed the value available on your Card Account. You may not use the Card for online gambling or any illegal transaction. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, the Card is likely to be declined. The Card itself may not be returned to any merchant for a refund, except where required by applicable law. At the time of each purchase using the Card, you will be asked to sign a receipt for the transaction. The dollar amount of the purchase will be deducted from the value associated with the Card. If you use the Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $150.00 or more. If the Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use the Card at a restaurant, a hotel, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. 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. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount. If you use your Card number without presenting the 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. For security reasons, we may limit the amount or number of transactions you can make on the Card. The Card cannot be redeemed for cash except where required by law. We may refuse to process any Card transaction that we believe may violate the terms of this Agreement or applicable law. Each time you use the Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions.
Cash Access: With your PIN, you may use the Card to obtain cash from any Automated Teller Machine (“ATM”) that bears the Mastercard®, Plus®, or PULSE® Acceptance Mark, or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Mastercard®, Pulse® Acceptance Mark. All ATM transactions are treated as cash withdrawal transactions. You may use the Card at an ATM, a POS device, or through a participating bank (over-the-counter withdrawal) in one or more transactions. The maximum cumulative amount that may be withdrawn from an ATM per day is $400.00. The maximum cumulative amount that may be withdrawn from an ATM per month is $2,500. The maximum cumulative amount that may be withdrawn from an international ATM per day is $750. The maximum cumulative amount that may be withdrawn from a POS device per day is $2,500.00. The maximum cumulative amount that may be withdrawn through a participating bank (over-the-counter withdrawal) per day is $2,500.00. Any funds withdrawn from a POS device or through a participating bank will be subject to the maximum amount that can be spent on your Card per day. If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. This means that you may need to visit more than one merchant if you are seeking to withdraw cash in an amount which is less than or equal to the total limit above, but more than the limit established by the individual merchant.
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We are not responsible for such fee. The amount of the fee should be disclosed at the ATM. Any such fee will be deducted from the balance of the Card, along with the amount of the withdrawal performed at the ATM.
Non-Mastercard Debit Transactions: New procedures are in effect that may impact you when you use the Card at certain merchant locations. In the past, transactions have been processed as Mastercard debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Mastercard debit transaction or as a PULSE transaction. Merchants are responsible for and must provide you with a clear way of choosing to make a Mastercard 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 Mastercard debit transactions as described in this Agreement will not apply to transactions processed on the PULSE network. Please refer to the paragraph labeled “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Mastercard debit and non-Mastercard debit transactions. To initiate a Mastercard debit transaction at the POS, swipe 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-Mastercard 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-Mastercard debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
Returns and Refunds: If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds and agree to the refund policy of that merchant. The exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the Card. If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days. The Issuer, Mastercard International Incorporated, Cuentas™, or their respective affiliates, employees, or agents are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase from others with a Card or any damages resulting directly or indirectly from the use of the Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.
Foreign Transaction Fee: If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued (“Foreign Transaction”), you will be charged a fee equal to 3% on the total amount of the transaction in U.S. Dollars. The card association may consider transactions occurring in U.S. territories to be Foreign Transactions, so transactions originating from these locations may be subject to a Foreign Transaction Fee. If the Foreign Transaction results in a credit due to a return, we will not refund any Foreign Transaction Fee that may have been charged on your original purchase.
13.-Loading Your Card
You may add funds to your Card, called “value loading,” at any time. You may add value or reload your Card (i) at a retailer participating in the Vanilla Reload Network (a “Vanilla Reload Network Retailer”); or (ii) by direct deposit or bank transfer via ACH. There is no minimum amount for the initial load via direct deposit or bank transfer. The minimum amount of the initial value load for loading through a Vanilla Reload Network Retailer is $20.00. There is no minimum amount for each value reload via direct deposit or bank transfer. The minimum amount of each value reload for loading through a Vanilla Reload Network Retailer is $20.00. The maximum amount of each initial load or value reload via direct deposit or bank transfer is $9,999.00 per transaction. For loading through a Vanilla Reload Network Retailer, the maximum amount of each initial load or value reload is $500.00 per transaction. The maximum amount of times you may load your Card through a Vanilla Reload Network Retailer per day is five (5). The maximum cumulative daily Vanilla Reload Network load amount is $2,500.00.
Funds loaded at a Vanilla Reload Network Retailer will be available for use no later than one (1) hour following the time of the load. Funds from electronic direct deposit or bank transfer will generally be available on the day the Issuer receives the transfer. In case of transmission error, or transfer irregularity, your ability to withdraw funds may be delayed beyond the first day after Issuer receives the transfer. If this occurs, then funds will generally be available within five (5) business days after the transfer. THE CARD MAY NOT BE USED TO RECEIVE ANY FEDERAL PAYMENTS OTHER THAN THOSE BEING MADE TO THE PRIMARY CARDHOLDER.
Card-to-Card Transfers: You may transfer funds from your Card to another registered Cuentas™ Prepaid Mastercard® by calling 1-844-433-8086 or logging on to the Cuentas App on your mobile phone. The total maximum amount that you may transfer per day to one or more Cuentas™ Prepaid Mastercard® is $500.00. The total maximum amount that you may transfer per month to one or more Cuentas™ Prepaid Mastercard® is $2,000.00. Funds transferred will be available immediately. Once initiated, transfers cannot be canceled. Card-to-Card Transfers are subject to the transfer fee in the Fee Schedule below.
Direct Deposit Account: Your prepaid Card Account and associated direct deposit account number cannot be used for preauthorized direct debits from merchants or from utility or Internet service providers. If presented for payment, these preauthorized direct debits will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to provide this bank routing number and direct deposit account number to anyone other than your employer or payer.
14.- When Value on your Card is Available
Loads are available on the business day when final collected funds are received by us unless a longer time is permitted by applicable law.
15.- Additional Card Features
We may offer additional products, features and services to you in connection with your Card, such as SMS text message and e-mail alerts, mobile account services, bill payment services, a loyalty program, and a savings account. Additional terms and conditions may apply. Contact Client Support or log on the Cuentas App or Website for additional information and applicable terms and conditions.
16.- Preauthorized Transfers
Preauthorized credits: If you have arranged to have direct deposits made to your Card Account at least once every 60 days from the same person or company, you can contact Client Support to find out whether or not the deposit has been made.
Right to stop payment and procedure for doing so: You have the ability to set up regular payments, such as subscriptions, from your Card Account. If you have told us in advance to make regular payments out of your Card Account, you must contact the merchant to stop the payment. You are responsible for contacting the merchant to stop regular payments, such as subscriptions, and we will not be liable for any stopping payment on regular payments set up in your Card Account.
17.- Refunds and Returns
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, 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.
18.- Card Replacement
If you need to replace the Card for any reason, please contact us at Client Support to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. We reserve the right to require an affidavit signed by you and conduct an investigation into the validity of any request. There is a fee for shipping of a replacement Card, including a fee for expedited shipping, in the amount shown in the paragraph of this Agreement captioned “Fee Schedule” below, which will be deducted from the balance associated with the new Card. It may take up to thirty (30) days to process a request for a replacement Card although we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.
19.- Card Expiration
The Card plastic is valid through the expiration date shown on the front of the Card, except where prohibited or modified by applicable law. The funds associated with the Card do not expire. You will not be able to use the Card after the valid through date; however, you may request a replacement Card at no cost to you by following the procedures in the paragraph labeled “Card Replacement.” The new Card will have a value equal to the remaining balance of the expired Card.
You should get a receipt at the time you make a transaction using the Card. You agree to retain, verify, and reconcile your transactions and receipts.
21.- Card Account Balance/Periodic Statements/Cardholder Agreement
You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction.
You may obtain information about the amount of money you have remaining in your prepaid account via the Cuentas App or by calling 1-844-433-8086. This information, along with a 12-month history of account transactions, is also available online at Your Cuentas App. If your account is registered with us, you also have the right to obtain at least 24 months of written history of account transactions by calling 1-844-433-8086, or by writing us at P.O. Box 11501, Miami, FL 33101. You will not be charged a fee for this information unless you request it more than once per month. A copy of this Agreement is available to you on the Cuentas App and our Website. All communications regarding the card will be electronic, utilizing In-App messaging, Text Messaging and/or Email messaging. Third party message and data fees may apply.
22.- Fee Schedule
Below is a list of all fees for the Cuentas™ Prepaid Mastercard®. All fees assessed by us are deducted from the available balance in your Card Account. If your Card Account does not have sufficient funds available to cover a fee, the amount of such fee will be deducted from any funds subsequently loaded to your Card Account. The fees that apply to your Card Account are as follows:
Register your card for FDIC insurance eligibility and other protections. Your funds will be held at or transferred to Sutton Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Sutton Bank fails, if specific deposit insurance requirements are met, and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
Contact Cuentas by phone at 1-844-433-8086, by mail at P.O. Box 11501, Miami, FL 33101, or visit www.cuentas.com.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
23.- Unclaimed Property
Applicable law may require us to report to state government authorities any funds remaining with respect to the Card after a certain period of inactivity. In that event, we may try to contact you at the address shown in our records. If we are unable to contact you, we may be required to transfer any funds remaining with respect to the Card to state government authorities as unclaimed property.
We may disclose information to third parties about you, the Card, or the transactions you make:
(1) Where it is necessary or helpful for completing transactions;
(2) In order to verify the existence and condition of the Card for a third party, such as merchant;
(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;
(4) If you consent by giving us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed;
(6) In order to prevent, investigate or report possible illegal activity;
(7) In order to issue authorizations for transactions on the Card;
(8) As permitted by applicable law; or
(9) Otherwise as necessary to fulfill our obligation under this Agreement.
25.- Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If through no fault of ours, you do not have enough funds available on the Card to complete the transaction;
(2) If a merchant refuses to accept the Card;
(3) If an ATM where you are making cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(5) If access to the Card has been blocked after you reported the Card lost or stolen;
(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) For any other exception stated in our Agreement with you or by applicable law.
26.- Your Liability for Unauthorized Transfers
Contact us at once if you believe your Card or PIN has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe the Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at Client Support.
Mastercard® Zero Liability Policy - Guidelines and Limitations: In addition to your limitations of liability under the Your Liability for Unauthorized Transfers section above, your liability for the unauthorized use of your Card Account may also be limited by Mastercard. Subject to the limitations and exclusions stated below, under the Mastercard rules, you will have no liability for a transaction that was not authorized by you if you exercised reasonable care in safeguarding the Card from risk of loss or theft, and, upon becoming aware of such loss or theft, promptly reported such loss or theft to us by calling our Client Support number. The Mastercard Zero Liability Policy is subject to change without notice and changes made by Mastercard will automatically apply to your Card Account.
Also, if you become aware of and/or your statement or electronic history shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Your Right to Dispute Errors.” If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time, and you are grossly negligent or fraudulent in the handling of your Card. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If your Card has been lost or stolen, we will close your Card Account to keep losses down. Upon your request, we will issue you a replacement Card.
27.- Assignment; Applicable Law; Severability
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. 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 Ohio except to the extent governed by federal law.
28.- Amendment and Cancellation
We reserve the right to change, delete, or add to this Agreement and to apply any such modification to a Card and to any available balance on the Card. We will provide you notice of any such modification as required by applicable law. However, if the change is made for security purposes, we can implement such changes without prior notice. You hereby agree to accept all legally required notices by electronic means including posting on our Cuentas App, Website, via Text Message or, at our election, U.S. postal mail. You hereby acknowledge and agree that all notices or modifications to this Agreement may be made by posting at our Website or in the Cuentas App or other notice to you and become effective on the later of ten (10) days after the date of the notice or the effective date specified in the notice unless you cancel your Card in accordance with this Section 26. If you use your Card after such notice or modification is provided, you are agreeing to the change. Please visit the Cuentas App or our Website for our current Terms and Conditions. If we decide not to enforce our rights or charge a fee in one situation, we are not giving up our right to enforce it or to charge the fee in a later situation
If you want to cancel the Card, please contact Client Support. Upon cancellation of your Card, we will continue to honor transactions you have made up until your Card cancellation is processed in accordance with this Agreement, which may take up to forty-five (45) days following the cancellation of your Card, during which regular fees will apply. Cancellation of your Card will not affect any of our rights or your obligations arising under this Agreement before the Card was cancelled. In the event of Cardholder fraud, abuse of the Card Program privileges, or violation of this Agreement (for example, any attempt to sell or exchange your Card), we, in our sole discretion, reserve the right to cancel your participation in the Program. Any funds remaining on the Card after cancellation will be sent to a bank account in your name by any means at our discretion. There is no fee for this service. Issuer reserves the right to refuse to return any unused balance amount less than $1.00. Any request for a return of funds shall be processed within a reasonable period of time after your request.
We reserve the right to deduct funds from your Card Account in order to correct a previous error or overpayment to you.
30.- Your Right to Dispute Errors
In case of errors or questions about your electronic transactions or Card Account, contact us at as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by contacting Client Support. You will need to tell us:
1. Your name and Your Cuentas Customer Reference
2. Why you believe there is an error and the dollar amount involved
3. Approximately when the error took place
If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, and your account is registered with us, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card. Keep reading to learn more about how to register your Card.
For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.
We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at 1-844-433-8086 or via mail at P.O. Box 11501, Miami, FL 33101. If you need more information about our error-resolution procedures, please contact Client Support.
It is important to register your prepaid account as soon as possible. Until you register your account, and we verify your identity, we are not required to research or resolve any errors regarding your account. To register your account, download the Cuentas App on your mobile phone from Google Play Store or the Apple App Store and follow the registration instructions. We will ask you for identifying information about yourself (including your full name, address, date of birth, and Social Security Number or government-issued identification number so that we can verify your identity.
31.- No Warranty of Availability or Uninterrupted Use
From time to time the Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information from the Card, including the available balance of funds associated with the Card. Please notify us at the Client Support number stated below if you have any problems using the Card. You agree that Issuer, Cuentas™, and their respective affiliates, employees, and/or agents are not responsible for any interruption of service.
32.- Cuentas App and Website Availability
Although considerable effort is expended to make our Cuentas App and Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website and/or App changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes, and armed conflicts.
You agree to act responsibly with regard to our website and/or App and its/their use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s and/or App’s systems and integrity.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
33.- English Language Controls
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
34.- Client Support
For Client Support or additional information regarding your Card, please contact Client Support at 1-844-433-8086.
Client Support agents are available twenty-four (24) hours a day, seven (7) days a week to answer your calls.
35.- Telephone Monitoring/Recording
You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our Client Support or as required by applicable law.
36.- No Warranty Regarding Goods or Services as Applicable
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
37.- Section Headings
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
38.- Entire Understanding
This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.
Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Card, your acquisition of the Card, your usage of the Card, or transactions on the Card, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
We will pay the initial filing fee to commence the arbitration.
You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
Solely for purposes of this Section 37 (“Arbitration”), “We” or “Us” shall mean the Issuer, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD, SAVE YOUR RECEIPT AND CONTACT CLIENT SUPPORT TO CANCEL YOUR CARD AND TO REQUEST A REFUND.
This card is issued by Sutton Bank, Member FDIC, pursuant to license by Mastercard International.
This Cardholder Agreement is effective October 2, 2019.